Fiqh

Four Periods
Almost distinctive periods:
• Period of Prophet (22 years)
• Period of Companions (90 years 11 A.H. - 100 A.H)
• Period of Documentation (200 A.H until the end of 400 A.H. or part of 500 A.H.)
• Period of Stagnation, decline and blind imitation


Period of Prophet
• Simple period
• Sources were revelation, Qur’an and sunnah
• Other source was ijtihad of Prophet


Characteristics
• Ummah at that time was graduating.
• Prophet (Pbuh) did not sit and make laws; everything was allowed; Qur’an did not interfere except when to single out what will harm people, to be prohibited.
• To take the easy option.
• All laws were relevant and practical, not hypothetical.
• Main emphasis was to consider the benefits of the people.
• Ayat al-ahkam (verses of laws) - 144 verses.
• Ayat al-moamalat (verses of interaction) - 200 verses, including the verses of jihad.
• Portion of Qur’an talks about legal issue and rest of the Qur’an talks about creed, personal manners, people of the past etc.


Period of Companions
• Ran until the end of 1st century A.H.
• New events, new issues, new laws derived by the companions.
• People approach companions for guidance.
• Sources were Qur’an, Sunnah and Ijtihad of Companions.
• Idea of documentation of the laws was not entertained at all. The hadith should not be written, opinion of sahaba (companions) not to be written.
• The opinion of sahaba did not intend to be binding upon the ummah. Umar’s ruling bound only to his jurisdiction and not to all people until the Day of Judgment.
• Subsequently it was considered the itjihaad of sahaba is binding unless it contradicts Qur’an.
• The Prophet said “Follow my way, follow the way of my companions”. Many considered this hadith.
• When Abu Bakr came across any issue he would not invoke a hadith, instead he will invite the believers and tell them that he did not find any reference to that in Qur’an. The companions would respond that they have heard Prophet (Pbuh) said so and so and will come up with solution to the problem.
• Umar did the same but was willing to see the higher goal of shariah and modified the shariah accordingly.


Paying of Zakah was abandoned
• Ali ibn Talib did exactly the same.
• After Umar’s death, Companions spread all over the place.
• In this era, different rulings were made for the same issue.
• Ibn ‘Amr Ibn Al-’Aas in Egypt and Abdullah ibn Masood in Sana (Yemen) gave different rulings for the same issues.
• The opinions of the scholars at that time were event oriented, not hypothetical.
• Ruling was not an intellectual exercise but they were problem-solving approaches.
• Considered the easy way for the people.
• There was the effect of politics on the thinking and efforts of the scholars.


Period of Documentation
• Ulum al-Qur’an developed during this period. This is the very early stage of the development of Ulum al-Qur’an.
• Expansion of Islamdom.
• Qur’an was available to everyone now.
• Books of hadith available.
• Muslim judge needed hadith to support the ruling.
• The important point we need to consider is really somehow Islam was blessed with intellectual people to read and write extensively during that period.
• Definitely there was competition with other ideas in the world.
• Source of fiqh was Qur’an, Sunnah, Ijtihad and al-qiyas (analogy).
• Ahmed ibn Hambal’s book Al-Musnad, Maliki’s book Al-Muwatta are examples of available text books at that time.
• During the 3rd century, the six major books of hadith are available.
• During this era madahibs were born, they were actually meant to be schools and not sects.
• None of the scholars whom we are referring to ever thought there would be madahibs.
• The teachings at that time were open, liberal and free university style and none claimed that they are creating a party.
• During this 3rd century, about 150 schools of thought emerged; good number of schools were later considered to be madahibs.
• Other schools were also valuable and sometimes more valuable but the students of these schools did not memorize or record the information like Leith ibn Saad of Egypt.
• Madahibs that we are calling now is a coincidence or an accident that were not supposed to be. But some say if one is not following a madahib, then that person is a not a Muslim, which is incorrect. For example in Maliki school one does not have to pray in closed line. Actually at that time they were at the beach and were expecting enemies and hence they were instructed to pray separately.
( to be continued)


(The writer is, Sr. Advisor, Muslim Public Affairs Council [MPAC])

The sajdah (prostration) which is done for forgetfulness in a namaz is known as sajdah-sahu. Their number is two Hazrat ibne Masood (may Allah be pleased with him) reports the saying of prophet (Pbuh) as “Whenever a person does something more or less in his namaz (salah) then it is necessary for him to offer two sajdahs.” (Muslim)


1. Time for Sajdah Sahu: Sajdah Sahu can be done at the end of the last rakat before salaam or after first salaam also. Both these are supported by the sayings of the Prophet.


It is reported by Abu Sayeed Khadri that the Prophet said, “Whenever anyone amongst you forget in the namaz and is confused as to whether he has offered three rakats or four, it is essential for him to remove this doubt and offer two sajdahs before salaam, in this way his namaz will be set right and it will be a curse on the evil spirit (satan). [Ahmed, Muslim]


2. Method of sajdah:- In Hanafi sect, in the last rakat after tashahhud right side salaam is done and after that two sajdah are done and again tashahhud, darood and dua is recited and salaam is done on both sides. In shafi sect, two sajdah are done before salaam after reciting tashahhud, darood and dua.


3. circ-umstances in which Sajda Sahu is done:-

a) If a person offering namaz offers first salaam (last act of prayer) by mistake (without completing all rakats).

b) If one offers more than prescribed rakats.

c) If one forgets tashahhud (attahiyyat) after two rakats.

d) If one is in confused state of mind regarding the number of rakats he has offered (two or three)

Joining the assemblies or circles of Zikr is a commendable practice as shown by the following ahadith:


Muslim reports that Mu’awiyyah said, “The Prophet, (Pbuh) went out to a circle of his Companions and asked, ‘What makes you sit here?’ They said, ‘We are sitting here in order to remember Allah and to praise Him because He guided us to the path of Islam and he conferred favors upon us. ‘There upon he adjured them by Allah and asked if that was the only purpose of their sitting there. ‘They said, By Allah, we are sitting here for this purpose only.’ At this the Prophet,’ peace be upon him’, said, ‘I am not asking you to take an oath because of any misapprehension against you, but only because Gabriel came to me and informed me that Allah, the Exalted and Glorious, was telling the angels that He is proud of you’.”


Abu Sa’id AI-Khudri and Abu Hurairah reported that the Prophet, (Pbuh) said, “When any group of men remember Allah, angels surround them and mercy covers them, tranquility descends upon them, and Allah mentions them to those who are with Him.”


(Fiqh us-Sunnah)