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The Evolution of Fiqh
(Islamic Law & The Madh-habs)
by
Abu Ameenah Bilal Philips
INTERNATIONAL ISLAMIC
PUBLISHING HOUSE
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Contents
Preface to the Third Editinon
Preface to the Second Edition
Transliteration
Introduction
1. The First Stage: Foundation
The Method of Legislation
General Content of the Qur’aan
The Makkan Period (609-622 C.E.)
The Madeenan Period (622-632 C.E.)
Legal Content of the Qur’aan
The Basis of Legislation in the Qur’aan
1. The Removal of Difficulty
2. The Reduction of Religious Obligations
3. The Realization of Public Welfare
4. The Realization of Universal Justice
Sources of Islamic Law
Section Summary
2. The Second Stage: Establishment
Problem-Solving Procedures
of the Righteous Caliphs
Individual Sahaabah and Ijtihaad
Absence of Factionalism
Characteristics of Fiqh
Section Summary
3. The Third Stage: Building
Factors Affecting Fiqh
Characteristics of Fiqh
Reasons for Differences
Compilation of Fiqh
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Section Summary
4. The Fourth Stage: Flowing
The Development of Fiqh
Period of the Great Imams
Period of the Minor Scholars
Sources of Islamic Law
Section Summary
5. The Madh-habs: Schools of Islamic Legal Thought
The Hanafee Madh-hab
Awzaa‘ee Madh-hab
The Maalikee Madh-hab
The Zaydee Madh-hab
The Laythee Madh-hab
The Thawree Madh-hab
The Shaafi‘ee Madh-hab
The Hambalee Madh-hab
The Dhaahiree Madh-hab
The Jareeree Madh-hab
Section Summary
6. Main Reasons for Conflicting Rulings
1. Word Meanings
2. Narrations of Hadeeths
3. Admissibility of Certain Principles
4. Methods of Qiyaas
Section Summary
7. The Fifth Stage: Consolidation
Four Madh-habs
Compilation of Fiqh
Section Summary
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8. The Six Stage: Stagnation and Decline
Emergence of Taqleed
Reasons of Taqleed
Compilation of Fiqh
Reformers
Section Summary
9. Imaams and Taqleed
Imaam Abu Haneefah
Imaam Maalik ibn Anas
Imaam Ahmad ibn Hambal
Students of the Imaams
Comment
Section Summary
10. Differences Among The Ummah
Differences Among the Sahaabah
Section Summary
11. Conclusion
Dynamic Fiqh
Proposed Steps
Contradictory and Variational Differences
Glossary
Index of Hadeeths
Bibliography
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PREFACE TO THE THIRD EDITION
A little over a year has passed since the second edition of
this book was published, and, by God’s grace, copies are no longer
available for distribution. However, the public demand for the book
has progressively increased, especially since its disappearance from
the bookstores. My impressions concerning the need throughout the
Muslim world for the clarifications and recommendations contained
in the text have proven true. Not merely because the book has been
relative commercial success, but because of the very positive
intellectual response which I have received from those who has read
it. In fact, in order to make the information contained in the text
available to an even wider audience, some readers have already
undertaken a Tamil translation of the book, and an Urdu translation
has also been commissioned. Consequently, I felt obliged to reprint
the book, in order to meet the growing commercial demand for the
book.
Due to technical problems faced in the first edition which
caused the print on some of the pages to be faded, I decided to re-
typeset the whole text. This also gave me an opportunity to apply the
transliteration scheme more carefully throughout the text than in the
first edition. I also changed the title of the book from Evolution of
the Madh-habs to The Evolution of Fiqh (Islamic Law & The Madh-
habs) in order to further clarify the subject matter of the book. With
the exception of chapter one (The First Stage), which has been
almost totally rewritten, only a few changes have beenmade within
the text itself: corrections where necessary and improvements where
possible. However, with regards to the footnotes, there have been
quite a few modifications. All the Hadeeths mentioned in the text
have been thoroughly referenced to existing English translations,
with the help of brother Iftekhar Mackeen. As for thoseHadeeths
mentioned in the book which are not found in Saheeh al-Bukhaaree
of Saheeh Muslim, I have endeavored to have them all authenticated
in order to remove any doubts in the reader’s mind as to their
reliability and the conclusions based on them. Likewise, Hadeeths
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