Editing Fiqh (section)

==History==
{{main|Sharia}}
{{further information|History of Islamic economics}}

According to Sunni Islamic history, Sunni law followed a chronological path of:
*[[God in Islam|God]] → [[Muhammad in Islam|Muhammad]] → [[Sahabah|Companions]] → [[Tabi‘un|Followers]] → ''Fiqh''.<ref name="Maghen-2003">{{cite journal|last1=Maghen|first1=Ze'ev|title=Dead Tradition: Joseph Schacht and the Origins of "Popular Practice"|journal=Islamic Law and Society|date=2003|volume=10|issue=3|pages=276–347|doi=10.1163/156851903770227575|jstor=3399422}}</ref>
The commands and prohibitions chosen by God were revealed through the agency of the Prophet in both the Quran and the Sunnah (words, deeds, and examples of the Prophet passed down as [[hadith]]). 
The first Muslims (the [[Sahabah]] or Companions) heard and obeyed, and passed this essence of Islam<ref name=GRHJWIaM2000:513/> to succeeding generations (''[[Tabi'un]]'' and ''[[Tabi' al-Tabi'in]]'' or successors/followers and successors of successors), as Muslims and Islam spread from West Arabia to the conquered lands north, east, and west,<ref name=RGHIGP2015:223>[[#RGHIGP2015|Hoyland, ''In God's Path'', 2015]]: p.223</ref>{{#tag:ref|for example, Sunni [[Hanbali]] scholar/preacher [[Al-Hasan ibn 'Ali al-Barbahari]] (d.941) who ruled the streets of Baghdad from 921-941 CE,  insisted that "whoever asserts that there is any part of Islam with which the Companions of the Prophet did not provide us has called them [the Companions of the Prophet] liars".<ref name=cook-2000-109>{{cite book|last1=Cook|first1=Michael|title=The Koran : A Very Short Introduction|date=2000|publisher=Oxford University Press|url=https://archive.org/details/koranveryshorti00cook |url-access=registration|isbn=0192853449|page=[https://archive.org/details/koranveryshorti00cook/page/n122 109]}}</ref>|group=Note}} where it was systematized and elaborated.<ref name=GRHJWIaM2000:513>[[#GRHJWIaM2000|Hawting, "John Wansbrough, Islam, and Monotheism", 2000]]: p.513</ref>

The history of Islamic jurisprudence is "customarily divided into eight periods":<ref name=MAEGIFLEP2006:30-1>[[#MAEGIFLEP2006|El-Gamal, ''Islamic Finance'', 2006]]: pp. 30–31</ref>
*the first period ending with the death of [[Muhammad in Islam|Muhammad]] in 11 AH.<ref name=MAEGIFLEP2006:30-1/>
*second period "characterized by personal interpretations" of the canon by the ''[[Sahabah]]'' or companions of Muhammad, lasting until 50 AH.<ref name=MAEGIFLEP2006:30-1/>
*from 50 AH until the early second century AH there was competition between "a traditionalist approach to jurisprudence" in [[Hijaz|western Arabia]] where Islam was revealed and a "rationalist approach in Iraq".<ref name=MAEGIFLEP2006:30-1/>
*the "golden age of classical Islamic jurisprudence" from the "early second to the mid-fourth century when the [[Madhhab#Amman Message|eight "most significant"]] schools of Sunni and [[Shia|Shi'i]] jurisprudence emerged."<ref name=MAEGIFLEP2006:30-1/>
*from the mid-fourth century to mid-seventh AH Islamic jurisprudence was "limited to elaborations within the main juristic schools".<ref name=MAEGIFLEP2006:30-1/>
*the "dark age" of Islamic jurisprudence stretched from the [[Siege of Baghdad (1258)|fall of Baghdad]] in the mid-seventh AH (1258 CE) to 1293 AH/1876 CE.
*In 1293 AH (1876 CE) the Ottomans codified [[Hanafi]] jurisprudence in the ''[[Mecelle|Majallah el-Ahkam-i-Adliya]]''. Several "juristic revival movements" influenced by "exposure to Western legal and technological progress" followed until the mid-20th century CE. [[Muhammad Abduh]] and [[Abd El-Razzak El-Sanhuri]] were products of this era.<ref name=MAEGIFLEP2006:30-1/> However, Abduh and El-Sanhuri were modernists. 19th century Ottoman Shariah Code was built on the views of the Hanafi school.
*The most recent era has been that of the "[[Islamic revival#Contemporary revivalism|Islamic revival]]", which has been "predicated on rejection of Western social and legal advances" and the development of specifically Islamic states, social sciences, economics, and finance.<ref name=MAEGIFLEP2006:30-1/>
The formative period of Islamic jurisprudence stretches back to the time of the early Muslim communities. During this period, jurists were more concerned with issues of authority and teaching than with theory and methodology.<ref name="Weiss (2002)">Weiss, Bernard G. (2002). ''Studies in Islamic Legal Theory'', edited by [[Bernard G. Weiss]], (Leiden: E. J. Brill, 2002. pp. 3, 161.)</ref>

Progress in theory and methodology happened with the coming of the early Muslim jurist [[Muhammad ibn Idris ash-Shafi`i]] (767–820), who codified the basic principles of Islamic jurisprudence in his book ''ar-Risālah''. The book details the four roots of law ([[Qur'an]], [[sunnah]], ''[[ijma]]'', and ''[[qiyas]]'') while specifying that the primary Islamic texts (the Qur'an and the hadith) be understood according to objective rules of interpretation derived from scientific study of the Arabic language.<ref name=weiss-162>Weiss, Bernard G. (2002). ''Studies in Islamic Legal Theory'', edited by Bernard G. Weiss, (Leiden: E. J. Brill, 2002. p. 162.)</ref>

Secondary sources of law were developed and refined over the subsequent centuries, consisting primarily of juristic preference (''[[istihsan]]''), laws of the previous prophets (''[[shara man qablana]]''), continuity (''[[istishab]]''), extended analogy (''[[maslaha mursala]]''), blocking the means (''[[sadd al-dhari'ah]]''), local customs (''[[urf]]''), and sayings of a companion of the Prophet (''[[qawl al-sahabi]]'').<ref name="Nyazee (2000)">Nyazee, Imran Ahsan Khan (2000). ''Islamic Jurisprudence (UsulAI-Fiqh)''. Islamabad: Islamic Research Institute Press.</ref>

=== Diagram of early scholars ===

[[File:Sunni Streams of Doctrine.png|thumb|Main schools of thought within Sunni Islam, and other prominent streams.]]
[[File:Muslim World Introduction.svg|thumb|Major Schools of Thought and Theology in Islamic World]]
The Quran set the rights, responsibilities, and rules for people and societies to adhere to, such as dealing in [[The Impact of Religion on International Negotiations|interest]]. Muhammad then provided an example, which is recorded in the hadith books, showing people how he practically implemented these rules in a society. After the passing of Muhammad, there was a need for jurists, to decide on new legal matters where there is no such ruling in the Quran or the hadith, example of Muhammad regarding a similar case.<ref>{{cite book|url=https://books.google.com/books?id=gMxjJqurmiAC&q=development+of+schools+of+thought+hanifa&pg=PA30|title=Islam Vs. West|isbn=9780595501571|last1=Asadulla|first1=Abubakr|year=2009|publisher=iUniverse }}</ref><ref>{{cite book|url=https://books.google.com/books?id=es9Sunv_y2MC&q=development+of+schools+of+thought+hanifa&pg=PA20|title=Islamic State Practices, International Law and the Threat from Terrorism|isbn=9781841135014|last1=Rehman|first1=Javaid|date=7 June 2005|publisher=Hart }}</ref>

In the years proceeding Muhammad, the community in Madina continued to use the same rules. People were familiar with the practice of Muhammad and therefore continued to use the same rules.

The scholars appearing in the diagram below were taught by [[Muhammad's companions]], many of whom settled in Madina.<ref name="ReferenceA">{{Cite web|url=http://bewley.virtualave.net/ulama.html|title=ulama|website=bewley.virtualave.net|access-date=25 February 2013|archive-date=21 October 2014|archive-url=https://web.archive.org/web/20141021231627/http://bewley.virtualave.net/ulama.html|url-status=dead}}</ref> ''[[Muwatta Imam Malik|Muwatta]]''<ref name="bewley.virtualave.net">{{Cite web|url=http://bewley.virtualave.net/muwcont.html|title=Muwatta|website=bewley.virtualave.net|access-date=13 November 2023|archive-date=13 October 2010|archive-url=https://web.archive.org/web/20101013110055/http://bewley.virtualave.net/muwcont.html|url-status=dead}}</ref> by [[Malik ibn Anas]] was written as a consensus of the opinion, of these scholars.<ref name="Coulson">{{cite book|url=https://books.google.com/books?id=d5Ks31qHlSYC&q=coulson+history+islamic+law|title=A History of Islamic Law|isbn=9780748605149|last1=Coulson|first1=Noel James|year=1994}}</ref><ref>{{cite book|url=https://books.google.com/books?id=Va6oSxzojzoC&q=Muwatta+consensus+of+the+opinions+scholars&pg=PA207|title=E. J. Brill's First Encyclopaedia of Islam, 1913–1936|isbn=9004097910|last1=Houtsma|first1=M. Th|year=1993|publisher=BRILL }}</ref><ref>{{cite book|url=https://books.google.com/books?id=0_wUAAAAIAAJ&q=Muwatta+consensus+of+the+opinions+scholars&pg=PA264|title=Studies in Islamic History and Civilization|isbn=9789652640147|last1=Šārôn|first1=Moše|year=1986|publisher=BRILL }}</ref> ''Muwatta''<ref name="bewley.virtualave.net"/> by Malik ibn Anas quotes 13 hadiths from Imam [[Jafar al-Sadiq]].<ref name="Muwatta">''Al-Muwatta'' of Imam Malik Ibn Anas, translated by Aisha Bewley (Book #5, Hadith #5.9.23) (Book #16, Hadith #16.1.1) (Book #17, Hadith #17.24.43) (Book #20, Hadith #20.10.40) (Book #20, Hadith #20.11.44) (Book #20, Hadith #20.32.108) (Book #20, Hadith #20.39.127) (Book #20, Hadith #20.40.132) (Book #20, Hadith #20.49.167) (Book #20, Hadith #20.57.190) (Book #26, Hadith #26.1.2) (Book #29, Hadith #29.5.17) (Book #36, Hadith #36.4.5) [http://bewley.virtualave.net/muwcont.html Al-Muwatta'] {{Webarchive|url=https://web.archive.org/web/20101013110055/http://bewley.virtualave.net/muwcont.html |date=13 October 2010 }}</ref>
Aisha also taught her nephew [[Urwah ibn Zubayr]]. He then taught his son [[Hisham ibn Urwah]], who was the main teacher of [[Malik ibn Anas]] whose views many Sunni follow and also taught by Jafar al-Sadiq. [[Qasim ibn Muhammad ibn Abi Bakr]], Hisham ibn Urwah and Muhammad al-Baqir taught [[Zayd ibn Ali]], Jafar al-Sadiq, [[Abu Hanifa]], and Malik ibn Anas.

Imam Jafar al-Sadiq, Imam Abu Hanifa and Malik ibn Anas worked together in [[Al-Masjid an-Nabawi]] in Medina. Along with Qasim ibn Muhammad ibn Abi Bakr, Muhammad al-Baqir, Zayd ibn Ali and over 70 other leading jurists and scholars.

[[Al-Shafi‘i]] was taught by Malik ibn Anas. [[Ahmad ibn Hanbal]] was taught by Al-Shafi‘i. [[Muhammad al-Bukhari]] travelled everywhere collecting hadith and his father [[Ismail ibn Ibrahim]] was a student of Malik ibn Anas.<ref name="Islam Page 67">{{cite book|url=https://books.google.com/books?id=mlGgGVCp0UcC&q=aisha+and+qasim+ibn+muhammad&pg=PA67|title=Understanding Women in Islam|isbn=9789793780191|last1=Hasyim|first1=Syafiq|year=2006|publisher=Equinox }}</ref><ref>{{cite book|url=https://books.google.com/books?id=JdjtUTYSL1UC&q=aisha+and+qasim+ibn+muhammad&pg=PA37|title=Classical Islam|isbn=9780415240321|last1=Calder|first1=Norman|last2=Mojaddedi|first2=Jawid Ahmad|last3=Rippin|first3=Andrew|year=2003|publisher=Psychology Press }}</ref><ref>{{cite book|url=https://books.google.com/books?id=GlqeC1ZFAUEC&q=aisha+and+qasim&pg=PT101|title=Judaism and Islam in Practice|isbn=9781134605538|last1=Brockopp|first1=Jonathan E.|last2=Neusner|first2=Jacob|last3=Sonn|first3=Tamara|date=27 September 2005|publisher=Routledge }}</ref><ref>{{cite web|url=http://www.oocities.org/mutmainaa7/people/jafar_al_sadiq.html|title=Jafar Al-Sadiq}}</ref><ref>{{Cite web|url=http://www.ziaraat.org/jafar.php|title=IMAM JAFAR BIN MUHAMMAD AS-SADIQ (AS)|website=www.ziaraat.org|access-date=13 November 2023|archive-date=22 August 2023|archive-url=https://web.archive.org/web/20230822202122/http://www.ziaraat.org/jafar.php|url-status=dead}}</ref>

{{Islam scholars diagram}}

In the books actually written by these original jurists and scholars, there are very few theological and judicial differences between them. Imam Ahmad rejected the writing down and codifying of the religious rulings he gave. They knew that they might have fallen into error in some of their judgements and stated this clearly. They never introduced their rulings by saying, "Here, this judgement is the judgement of God and His prophet."<ref name="books.google.co.uk">{{cite book|url=https://books.google.com/books?id=W4OKaz5dzdYC&q=Modernist+Islam,+1840-1940:+A+Sourcebook+By+Charles+Kurzman|title=Modernist Islam, 1840–1940|isbn=9780195154689|last1=Kurzman|first1=Charles|year=2002|publisher=Oxford University Press }}</ref> There is also very little text actually written down by Jafar al-Sadiq himself. They all give priority to the Qur'an and the hadith (the practice of Muhammad). They felt that the Quran and the Hadith, the example of Muhammad provided people with almost everything they needed. "This day I have perfected for you your religion and completed My favor upon you and have approved for you Islam as religion" (Qur'an 5:3).<ref>{{cite web |url=http://quran.com/5/3 |title=Surat Al-Ma'idah [5:3] - The Noble Qur'an - القرآن الكريم |url-status=dead |archive-url=https://web.archive.org/web/20130925005700/http://quran.com/5/3 |archive-date=25 September 2013 |df=dmy }} [http://irebd.com/quran/english/surah-5/verse-3/ Quran Surah Al-Maaida ( Verse 3 )] {{Webarchive|url=https://web.archive.org/web/20180612141107/http://irebd.com/quran/english/surah-5/verse-3/ |date=12 June 2018 }}</ref>

These scholars did not distinguish between each other. They were not Sunni or Shia. They felt that they were following the religion of Abraham as described in the Quran "Say: Allah speaks the truth; so follow the religion of Abraham, the upright one. And he was not one of the polytheists" (Qur'an 3:95).

Most of the differences are regarding Sharia laws devised through [[Ijtihad]] where there is no such ruling in the Quran or the hadiths of Islamic prophet Muhammad regarding a similar case.<ref name="books.google.co.uk"/> As these jurists went to new areas, they were pragmatic and continued to use the same ruling as was given in that area during pre-Islamic times, if the population felt comfortable with it, it was just and they used Ijtihad to deduce that it did not conflict with the Quran or the Hadith. As explained in the ''Muwatta''<ref name="bewley.virtualave.net"/> by Malik ibn Anas.<ref name="Coulson"/> This made it easier for the different communities to integrate into the Islamic State and assisted in the quick expansion of the Islamic State.

To reduce the divergence, [[ash-Shafi'i]] proposed giving priority to the Qur'an and the Hadith (the practice of Muhammad) and only then look at the consensus of the Muslim jurists (''[[ijma]]'') and analogical reasoning (''[[qiyas]]'').<ref name="Coulson"/> This then resulted in jurists like Muhammad al-Bukhari<ref name="sahih-bukhari.com">{{cite web|url=http://www.sahih-bukhari.com/|title=Sahih Bukhari : Read, Study, Search Online|first=Sahih|last=Bukhari}}</ref> dedicating their lives to the collection of the correct hadith, in books like [[Sahih al-Bukhari]] (Sahih translates as authentic or correct). They also felt that Muhammad's judgement was more impartial and better than their own.

These original jurists and scholars also acted as a counterbalance to the rulers. When they saw injustice, all these scholars spoke out against it. As the state expanded outside Madina, the rights of the different communities, as they were constituted in the [[Constitution of Medina]] still applied. The Quran also gave additional rights to the citizens of the state and these rights were also applied. Ali, Hassan and [[Husayn ibn Ali]] gave their allegiance to the first three caliphs because they abided by these conditions. Later [[Ali]] the fourth caliph wrote in a letter "I did not approach the people to get their oath of allegiance but they came to me with their desire to make me their Amir (ruler). I did not extend my hands towards them so that they might swear the oath of allegiance to me but they themselves extended their hands towards me."<ref>Nahj ul Balagha Letter 54</ref> But later as fate would have it ([[Predestination in Islam]]) when [[Yazid I]], an [[Umayyad Caliphate|Umayyad]] ruler took power, Husayn ibn Ali the grandson of Muhammad felt that it was a test from God for him and his duty to confront him. Then [[Abd Allah ibn al-Zubayr]], Qasim ibn Muhammad ibn Abi Bakr's cousin confronted the Umayyad rulers after Husayn ibn Ali was betrayed by the people of Kufa and killed by Syrian Roman Army now under the control of the Yazid I.<ref>Najeebabadi, Akbar Shah (2001). The History of Islam V.2. Riyadh: Darussalam. p. 110. {{ISBN|9960-892-88-3}}.</ref> Abd Allah ibn al-Zubayr then took on the Umayyads and expelled their forces from Hijaz and Iraq. But then his forces were depleted in Iraq, trying to stop the Khawarij. The Umayyads then moved in. After a lengthy campaign, in his last hour Abd Allah ibn al-Zubayr asked his mother [[Asma' bint Abu Bakr]] the daughter of [[Abu Bakr]] the first caliph for advice. Asma' bint Abu Bakr replied to her son, she said:<ref name="ummah.com">{{Cite web|url=https://www.ummah.com/forum/forum/general/the-lounge/356138-the-advice-of-asmaa-bint-abu-bakr-ra-to-her-son-abdullah-ibn-zubair-ra|title=The Advice of Asmaa bint Abu Bakr (ra) to her son Abdullah Ibn Zubair (ra)|website=Ummah.com - Muslim Forum|access-date=20 September 2021|archive-date=25 February 2021|archive-url=https://web.archive.org/web/20210225220953/https://www.ummah.com/forum/forum/general/the-lounge/356138-the-advice-of-asmaa-bint-abu-bakr-ra-to-her-son-abdullah-ibn-zubair-ra|url-status=dead}}</ref> "You know better in your own self, that if you are upon the truth and you are calling towards the truth go forth, for people more honourable than you have been killed and if you are not upon the truth, then what an evil son you are and you have destroyed yourself and those who are with you. If you say, that if you are upon the truth and you will be killed at the hands of others, then you will not truly be free." Abd Allah ibn al-Zubayr left and was later also killed and crucified by the Syrian Roman Army now under the control of the Umayyads and led by Hajjaj. [[Muhammad ibn Abi Bakr]] the son of Abu Bakr the first caliph and raised by Ali the fourth caliph was also killed by the Umayyads.<ref>Nahj al-Balagha Sermon 71, Letter 27, Letter 34, Letter 35</ref> [[Aisha]] then raised and taught her son Qasim ibn Muhammad ibn Abi Bakr who later taught his grandson Jafar al-Sadiq.

[[File:Encyclopedia of Islamic Jurisprudence (Fiqh) Mausua Fiqhiya Kuwaitiya ফিকহ বিশ্বকোষ মাওসূ‘আতুল ফিক الموسوعة الفقهية الكوتيتية موسوعہ فقہیہ، کویت.jpg|thumb|350px|The 45 Volumes/18,500 pages, ''[[Encyclopedia of Islamic Jurisprudence|Al Mausu'ah Al Fiqhiyah Al Kuwaitiyah]]'', is the largest printed Fiqh Encyclopedia; it took 40 years to complete and was later translated into Urdu, Tamil, Persian, Malay & Bengali language.]]
During the early Umayyad period, there was more community involvement. The Quran and Muhammad's example was the main source of law after which the community decided. If it worked for the community, was just and did not conflict with the Quran and the example of Muhammad, it was accepted. This made it easier for the different communities, with Roman, Persian, Central Asia and North African backgrounds to integrate into the Islamic State and that assisted in the quick expansion of the Islamic State. The scholars in Madina were consulted on the more complex judicial issues. The Sharia and the official more centralized schools of fiqh developed later, during the time of the Abbasids.<ref name="ReferenceB">Muawiya Restorer of the Muslim Faith By Aisha Bewley p. 68</ref>