GROWTH OF ISLAMIC FIQH

Before discussing the history of the growth of Islamic Fiqh or Shariah or Jurisprudence, it is imperative to have some idea about these terminologies.

Shariah literally means open, straight and bright path whereas according to Islam, Shariah means those laws which are prescribed for submission to One and Only Almighty Allah.

Fiqh literally means understanding or knowledge. According to Imam Abu Hanifa, ‘Fiqh is the knowledge of what is for a man’s self and what is against a man’s self’. It has also been defined as the knowledge of what is permissible for a person to do and what is forbidden for him/her.

Jurisprudence also means the Science of Law. According to Salmond, ‘Jurisprudence is a kind of investigation into law, an investigation of general and abstract nature that seeks to lay bare different components of law’. So technically Shariah, Fiqh and Mohammedan Jurisprudence are same and each of them concentrates on Islamic Laws.

The history of the growth of Islamic Shariah or Jurisprudence has been divided into following four periods:

First Period
The first period commenced with the migration of the Holy Prophet (PBUH) to Madina in 622 AD and ended with his demise in 632 A.D. During this period, the Holy Quran and Sunnah were the main sources of Shariah. This period is known as the legislative period of Islam wherein laws were enacted by Divine Legislator and promulgated in the shape of verses of the Holy Quran, the direct form of revelation, and Sunnah of the Holy Prophet (PBUH), the indirect form of revelation. This period is marked by the presence of the Holy Prophet (PBUH) when he himself enunciated Islamic laws through his words and actions. It was during this period that the Holy Prophet (PBUH) established the first city-state of Islam at Madina and signed a written agreement i.e. Charter of Madina, with the non-Muslims, which comprised 52 Articles. This charter is called the first written constitution of the world.

Second Period
The second period covers the era of companions (Sahaba) and successors (Tabi’een). So it mainly consists of the first century of Islam after the demise of the Holy Prophet (PBUH). The most important feature of this period is compilation of the Holy Quran. Compilation of traditions on a limited scale was also carried out during this period. The compilation of Holy Quran was done under the authority of state especially during the reign of first Pious Caliph Hazrat Abu Bakar (RA) and third Pious Caliph Hazrat Usman-e-Ghani (RA).

During this period, Madina and Kufa emerged as great centres of learning. Ummayads shifted capital from Madina to Damascus and Abbasid shifted capital from Damascus to Baghdad. New state institutions were established and policies were formulated. Hazrat Umar (RA) established an ideal welfare state and set the principle that national exchequer is for the welfare of people and is not the personal property of the ruler.

Unprecedented examples and norms of perfect justice were laid down during this period. They also set guidelines and principles for election of Caliph that negated the hereditary government.

Third Period
The third period starts with the dawn of second century A.H. and ends with the culmination of third century. During this period, four Sunni Schools of Jurisprudence were established. The founders of these schools are called Imams, or scholars of jurisprudence, who rendered exemplary services in strengthening the Islamic legal system. These scholars are: Imam Abu Hanifa, Imam Malik, Imam Shaf’i and Imam Ahmed bin Hanbal.

Fourth Period
The fourth period of the growth of Islamic Jurisprudence commenced with the beginning of fourth century Hijra. After the end of third century A.H., no one succeeded in getting recognition among Muslims as an independent thinker and as a jurist of the caliber of founders of four schools of jurisprudence. The jurists of this period are mainly the followers of these scholars.

The scholars of this period rendered commendable services in growth of Islamic Laws. During this period, the Holy Quran was translated into many languages e.g., Shah Waliullah translated Holy Quran into Persian, his son Shah Rafi-ud-Din translated it into Urdu, etc. These translations played a pivotal role to enable the Muslims of Subcontinent and Persia to understand the Holy Quran. Another great work of Islamic Jurisprudence of this period is the compilation of Allama Marghinani’s Hedaya, a great book about laws of Hanafi school of thought. This masterpiece of Islamic Jurisprudence has been translated into many languages. Mr. Hamilton translated Hedaya into English.

The share of Indians in the growth of Islamic Jurisprudence is not noteworthy except ‘Fatawa Alamgiri’ a compilation of Hanafi laws that was compiled by Muslim scholars under the directives of Mughal ruler Aurangzeb Alamgir. Shah Abdur Rahim, the father of Shah Waliullah was one of the scholars who compiled ‘Fatawa Alamgiri’ The rulers of different Muslim dynasties of India enforced all departments of Muslim Law through Qazis. In 1890s, a new sect emerged within Hanafi School by the name of Barelvi, based on the writings of Ahmed Raza Khan Barelwi.

During early days of British Rule in Indo Pak, all departments of Islamic Laws were applied through Muslim jurists known as Muftis. However in the course of time except family laws all other laws were replaced by the enactments of legislature such as Indian Panel Code.