CRESENT UNIVERSITY, ABEOKUTA

KLM 5, AYETORO ROAD,LAFENWA, ABEOKUTA, OGUN STATE

POST GRADUATE SCHOOL
DEPARTRMENT OF ISLAMIC STUDIES

ASSIGNMENT.

COURSE CODE:
ISS 704

COURSE TITLE:
ISLAMIC JURISTPRUDENCE

NAME
AZEEZAH ABOLORE OGUNBIYI (AKINWUNMI)

MATIRC NO:

PG/23/54230306009
 ASSIGNMENT.

1. Differentiate between wajib and fard according to Hanafiyyah

2. What are the various types of wajib?
3. Differentiate between Sunnah, Tatowwa’a, Mustahab and Fadail according to
Malikiyyah.

INTRODUCTION

Going by the evolutional development of Fiqh, during the era of Prophet Muhammed SAW, the
Islamic legal rulings was based solely on the Ijtihaad of the the prophet and those of his Sahabas.
During that stage, Quran and Sunnah constituted the only source of Islamic law. Meaning that
there were only one school of Thought at that time. The next stage in the historical development
of fiqh is the period of the rightly guided caliphs, the Fiqh principle of Ijmaa’ (decisions by
unanimity) evolved and Ijtihaad became an independent principle of Fiqh under the name Qiyaas
during this period.

The fiqh scholars became divided during the early period of the Abbasid Caliphate. They divided
into two main Madh-hab, namely the ahl Al Hadith and ahl Ar Ra’i. These two later evolved into
many divisions of Madh-habs during the shift of caliphate to monarchy when the caliph no
longer head the Madh-hab. Scholars and students were dispersed through out the Umayyad states
and their personal ijtihad increased in order to solve local issues.

Fiqh was formalized and systematized during the later part of Abbasid dynasty. The number of
Madh-hab decreased and the differences between them were emphasized due to the states
preference for some mudh-hab over others and rise of inter Madh-hab rivalry became promoted
by court debates. And after the destruction of the ‘Abbaasid Caliphate and the decline of Ijtihaad
culminating in its disappearance, the number of Madh-habs decreased to four which evolved into
completely distinct and often times antagonistic entities. The four Islamic legal schools of
thought are Hanafiyyah, Malikiyyah, Shafi’yyah and Ambali Madh-hab.

Below is theshort history of the four schools of thoughts as contained I the work of
THE HANAFEE MADH-HAB

The founder: Imaam Abu Haneefah (703-767CE)

This Madh-hab is named after its founding scholar, Abu Haneefah, whose actual name was
Nu’maan ibn Thaabit. He was born in the year 702 CE. Kufah, (Iraq). His father was a silk
merchant of Persian origin, who accepted Islaam during the reign of the Khulafaa Raashidoon
(Righteous Caliphs). Abu Haneefah began his earlier studies in the field of philosophy and
dialectics known as ‘Ilm al-Kalaam, but after mastering its various disciplines, he left it and went
into an indepth study of Fiqh and Hadeeth. He chose as his main teacherk, Hammaad ibn Zayd,
who was among the greatest scholars of Hadeeth of his time. Abu Haneefah studied under him
for eighteen years. During this time he became qualified to teach, but instead remained
Hammad’s student until the latter died in the year 742 CE. After Hammaad’s death Abu
Haneefah took up the position of teacher at the age of forty and became the most outstanding
scholar in Kufah. As such, he appeared to bea valuable prize to the Umayyad caliphs of that
time. They offered him the position of Qaadee (judge) of Kufah, but he refused the post in spite
of being physically beaten for his refusal by the Ameer of Kufah, Yazeed ibn ‘Umar. Similarly,
during the rule of the ‘Abbaasids, he also refused royal appointment, and was consequently
imprisoned in Baghdad by the Caliph Abu Ja’far al-Mansoor (754-775 CE). He remained
imprisoned until his death in 767 CE. Abu Haneefah was considered among the minor Taabi’oon
(students of the Sahaabah), because he had met a few of the Sahaabah and had related some
Hadeeths from them.

Formation of the Hanafee Madh-hab

Imaam Abu Haneefah base his teaching method on the principle of Shoorah (group discussion).
He would present a legal problem to his students for debate and discussion and tell them to
record its solution whenever they arrived at a unified position. Because of this interactive
approach to making legal rulings, we could say that the Hanafee Madh-hab was as much a
product of Abu Haneeafh’s students’ efforts as it was a product of his own efforts. They would
also debate on hypothetical problems and work out solutions, based on the principle of preparing
for a problem before its occurrence. Because of their leaning towards hypothetical Fiqh which
often introduced an issue with the question, “what if so and so happened?”, they became known
as the what-iffers or Ahl ar-Ra’i (the opinion people).

THE MAALIKEE MADH-HAB

The Founder: Imaam Maalik (717-801 CE)

The founding scholar of this Madh-hab, Maalik ibn Anas ibn ‘Aamir, was born in Madeenah in
the year 717 CE. His grandfather, ‘Aamir, was among the major Sahaabah of Madeenah. Maalik
studied Hadeeth under az-Zuhree who was the greatest Hadeeth scholar of his time as well as
under the great Hadeeth narrator, Naari’, the freed slave of the Sahaabee ‘Abdullah ibn ‘Umar.
Maalik’s only journeys outside of Madeenah were for Hajj, and thus he largely limited himself to
the knowledge available in Madeenah.He was severely beaten in the year 764 CE by the order of
the Ameer of Madeenah, because he made a legal ruling that forced divorce was invalid. This
ruling opposed the ‘Abbaasid rulers’ practice of adding in the oath of allegiance given to them by
the masses the clause that whoever broke the oath was automatically divorced. Maalik was tied
and beaten until his arms became severely damaged to such a degree that he became unable to
clasp them on his chest in Salaah and thus he began the practice of praying with his hands at his
sides according to some reports. Imaam Maalik continued to teach Hadeeth in Madeenah over
a period of forty years and he managed to compile a book containing Hadeeths of the Prophet
(s.w.) and Athars of the Sahaabah and their successors which he named al-Muwatta’ (the Beaten
Path). He began his compilation of Hadeeths at the request of the ‘Abbaasid caliph, Abu Ja’far
al-Mansoor, (754-775 CE) who wanted a comprehensive code of law based on the Prophet’s
(s.w.) Sunnah which could be applied uniformly throughout his realm. But, on its completion,
Maalik refused to have it forced on the people pointing out that the Sahaabah had scattered
throughout the Islamic empire and had taken with them other parts of the Sunnah which also had
to be considered in any laws imposed throughout the state. Caliph Haaroon arRasheed (768-809
CE) also made the same request of the Imaam, but he was also turned down. Imaam Maalik died
in the city of his birth in the year 801 CE at the venerable age of 83.

Formation of the Maalikee Madh-hab

Imaam Maalik’s method of teaching was based on the narration of Hadeeths and the discussion
of their meanings in the context of problems of that day. He would either narrate to his students
Hadeeths and Athars (statements of the Sahaabah) on various topics of Islamic law then discuss
their implications, or he would inquire about problems which had arisen in the areas from
whence his students came, then narrate appropriate Hadeeths or Athars which could be used to
solve them. After Maalik completed al-Muwatta’, he used to narrate it to his students as the sum
total of his Madh-hab, but would add or subtract from it slightly, whenever new information
reached him. He used to strictly avoid speculation and hypothetical Fiqh and thus his school and
its followers were reffered to as the people of Hadeeth (Ahl al-Hadeeth)

THE SHAAFI’EE MADH-HAB

The founder: Imaam Ash-Shaafi’ee (769-820 CE)
The full name of the scholar after whom this school of legal thought has been named was
Muhammad ibn Idrees ash-Shaafi’ee. He was born in the town Ghazzah on the Mediterranean
coast of what was then known as Shaam in the year 796 CE, but travelled to Madeenah in his
youth to study Fiqh and Hadeeth under Imaam Maalik. He succeeded in memorizing the whole
of Maalik’s book, al-Muwatta’, and recited it to him from memory, word perfect. Ash-Shaafi’ee
remained under Maalik until the latter died in 801 CE. Then he went to Yemen and taught there.
He remained there until he was accused of Shi’ite leanings in the year 805 CE and brought as a
prisoner before the ‘Abbaasid Caliph, Haroon arRasheed (rule 786-809 CE) in Iraq. Fortunately,
he was able to prove the correctnes of his beliefs and was subsequently released. AshShaafi’ee
remained in Iraq and studied for a while under Imaam Muhammad ibn al-Hasan, the famous
student of Abu Haneefah. Later he traveled to Egypt in order to study under Imaam
Muhammad ibn al-Hasan, the famous student of Abu Haneefah. Later he travelled to Egypt in
order to study under Imaam al-Layth, but by the time he reached there the Imaam had passed
away. However, he was able to study the Madh-hab of al-Layth from alLayth’s students. Ash-
Shaafi’ee remained in Egypt until his death in the year 820 CE during the rule of the Caliph al-
Mamoon (rule 813- 832 CE).

Formation of the Shaafi’ee Madh-hab

Imaam ash-Shaafi’ee combined the Fiqh of Hijaaz (Maalikee thought) with that of Iraq, (Hanafee
thought) and created a new Madh-hab which he dictated to his students in the form of a book
called al-Hujjah (The Evidence). This dictation took place in Iraq in the year 810 CE and a
number of his students memorised his book and narrated it to others. This book and period of his
scholarship are thought) to differentiate it from the second period to his scholarship
which occurred after he reached Egypt. In Egypt he absorbed the Fiqh of Imaam al-Layth ibn
Sa’d and dictated al-Madh-hab alJadeed (the new school of thought) to his students in the form
of another book which he named al-Umm (he Essence). Because of his exposure to a completely
new set of Hadeeths and legal reasoning, in al-Madh-hab al-Jadeed, he reversed many of the
legal positions which he had held while in Iraq. Imaam ash-Shafi’ee holds the distinction of
being the first Imaam to systematize the fundamental principles of Fiqh which he recorded in his
book called ar-Risaalah.

THE HAMBALEE MADH-HAB

The Founder: Imaam Ahmad (778-855 CE)
The scholar to whom this Madh-hab is attributed is Ahmad ibn Hambal ash-Shaybaanee, who
was born in Baghdad in the year 778 CE. He became one of the greatest memorizers and
narrators of Hadeeth of his time. Concentrating on the study of Hadeeth, Ahmad studied Fiqh
and Hadeeth science under Imaam Abu Yoosuf, the famous student of Abu Haneefah, as well as
under Imaam ashShaafi’ee himself. Imaam Ahmad went through a series of persecutions under
the caliphs of his time due to their adoption of Mu’tazilite philosophy. He was jailed and beaten
for two years by order of Caliph al-Ma’moon (rule 813-842 CE), because of his rejection of the
philosophical concept that the Qur’aan was created. Later set free, he continued teaching in
Baghdad until al-Waathiq became caliph (rule 842-846 CE) and renewed the persecution.
Thereupon, Imaam Ahmad stopped teaching and went into hiding for five years until Caliph al-
Mutawakkil (847-862 CE) took over. Caliph al-Mutawakkil ended the inquisition permanently
by expelling the Mu’tazilite scholars and officially rejecting their philosophy. Ahmad continued
to teach in Baghdad until he died in the year 855 CE.

Formation of the Hamblee Madh-hab

Imaam Ahmad’s greatest concern was the collection, narration, and interpretation of Hadeeth.
His teaching method consisted of dictating Hadeeths from his vast collection known as al
Musnad, which contained over 30,000 Hadeeths, as well as the various opinions of the Sahaabah
concerning their interpretation. He would then apply the Hadeeths or rulings to various existing
problems. If he could not find a suitable Hadeeth or opinion to solve a problem, he would offer
his own opinion while forbidding his students to record any of his own solutions. As a result, his
Madh-hab was recorded, not by his students but by their students.