of The History of Islamic Law INTERNATIONAL CLASS-FHUI The Establishment, development and compilation period (VII M – X M century) of The History of Islamic Law

Origins of Fiqh The formative period of fiqh stretches back to the time of the early Muslim communities. In this period, jurists were more concerned with pragmatic issues of authority and teaching than with theory. Fiqh Islamic Law as one of the cultural aspects of Islam reached its peak of development in the Khalifah Abbasiyah period that governed for approximately 500 years. In this time: Were born the Islamic Law experts that founded and formulated the Islamic Fiqh foundations Emerged multiple legal theories that are still used by the Islamic population until today INTERNATIONAL CLASS-FHUI

Development of Fiqh The development of Islamic Law is made in the governing of Khalifah Umayyah and Khalifah Abbasiyah (750-1258). This period is known as the Islamic Golden Age. A number of important legal concepts and institutions were developed by Islamic jurists during this classical period of Islam. Progress in theory happened with the coming of the early Muslim jurist Muhammad ibn Idris ash-Shafi'i (767-820), who laid down the basic principles of Islamic jurisprudence in his book Al-Risala. Al Risala details four roots of law: Qur'an Sunnah Ijma qiyas INTERNATIONAL CLASS-FHUI

The Fiqh Classification Fiqh classifies behavior into the following types or grades: fard (obligatory) mustahabb (recommended) mubah (neutral) makruh (discouraged) haraam (forbidden). Every human action belongs in one of these five categories. INTERNATIONAL CLASS-FHUI

Explanation to the Classification Actions in the fard category are those required of all Muslims. They include the five daily prayers, fasting, articles of faith, obligatory charity, and the hajj pilgrimage to Mecca. The mustahabb category includes proper behavior in matters such as marriage, funeral rites and family life. As such, it covers many of the same areas as civil law in the West. Sharia courts attempt to reconcile parties to disputes in this area using the recommended behavior as their guide. A person whose behavior is not mustahabb can be ruled against by the judge.[ All behavior which is neither discouraged nor recommended, neither forbidden nor required is of the Mubah; it is permissible. Makruh behavior, while it is not sinful of itself, is considered undesirable among Muslims. It may also make a Muslim liable to criminal penalties under certain circumstances.[ Haraam behavior is explicitly forbidden. It is both sinful and criminal. It includes all actions expressly forbidden in both the Old Testament and the Qur'an. Violating any of the Ten Commandments is considered haraam. Certain Muslim dietary and clothing restrictions also fall into this category. INTERNATIONAL CLASS-FHUI

Fiqh The recommended, permissible and discouraged categories are drawn largely from accounts of the life of the Islamic Prophet Muhammad. To say a behavior is sunnah is to say it is recommended as an example from the life and sayings of Muhammad. These categories form the basis for proper behavior in matters such as courtesy and manners, interpersonal relations, generosity, personal habits and hygiene. INTERNATIONAL CLASS-FHUI

Ijtihad Movement The Ijtihad Movement is the movement to utilize all the thinking skills in understanding Islamic Law that is stated in the legal articles in the Quran. The Sunnah of Prophet Muhammad (SAW) formulated them to become legal foundations that governed all aspects of life and human lives by the people that fulfill the criteria from everywhere. Mujtahid are people who adhere to this. INTERNATIONAL CLASS-FHUI

Classifications of the Mujtahid Absolute Mujtahid who are the ulama that first pushed the formation of the Islamic Fiqh law based on their ijtihad about the articles in the Quran and the Sunnah of Prophet Muhammad (SAW). The Absolute mujtahid (Abu Hanifah, Malik Bin Anas, As-Syafi'i, Ahamad bin Hambal) with their expansive knowledge could determine the legal foundations through the ijtihad. Mujtahid mazhab are the people that pass on the teaching foundations that has been given by the absolute mujtahid. With the effort of the mujtahid mazhab the legal foundation became more clear to be applied to a specific problem and with their wide knowledge the mujtahid mazhab could establish the law that has not been established by the absolute mujtahid. Mujtahid Fatwa who are the people that continue the work of the mujtahid mazhab to decide the legalities of a problem through a fatwa or a council. Tarjih expert: are people with knowledge that can compare which opinions are superior and also to give explanation or comment about the opinions that has been founded by the mujtahid. In Indonesia today in the NU circle and the Muhammadiyah is a new specific group that develops Islamic law. In the social religious organization of Muhammadiyah there is a specific section that is duties to compare different opinions that is more alike to the Quran and as-Sunnah, to become the members beliefs however for the opinion that has not been there before this council instantly pulls the legal foundation from the Quran and the Hadits and sahih holy books. INTERNATIONAL CLASS-FHUI

Factors to Development Islam territory is already wide spread throughout India, to China and the East until Spain in the West. In this wide territory lies a multitude of nations with cultures lifestyles and values that are different to combine them all into one legal lifestyle, where clear guidance is needed. This pushes the legal experts to study the sources of Islamic Law to understand the foundations of law from it, also to determine the norm for an action to solve problems that arise from society. There has been written work about law that can be used as material to build and develop the Islamic Fiqh Law. There are also experts who are able to ijtihad and solve multitudes of legal problems in society. INTERNATIONAL CLASS-FHUI

Notable Mujtahid and Imams Abu Hanifah (al-Nukman ibn Tsabit): 700-767 M. Malik bin Anas: 713-795 M Muhammad Idris As-Syafi'i: 767-820 M. Ahmad bin Hambal (Hanbal): 781-855 M. People mostly become imitators of these four experts. in the sense of ittiba (which is to follow their opinions and understand their basic foundations) or taqlid (or to follow). INTERNATIONAL CLASS-FHUI

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