3-Imām Shafi'ee (ra) Life, Legacy, Methodology and Fiqh

Imām Shafi'ee (ra) Life, Legacy, Methodology and Fiqh

1. Presented by
Mufti Abdul Waheed
Senior Lecturer and Researcher in Fiqh and Usoolul-Fiqh
at JKN Institute
[email protected]
Date: 16/11/14
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2. Agenda
2
10:15amWelcoming and introduction to the course
10:20amSession 1: Part 1 & Part 2
11:45amBreak (10 mins)
11:55pmSession 2: Continuation of Part 2 & 3
12:45pmQ&A session and closing remarks
1:15pm ZuhrSalah

3. Course Content
1.PART 1 -Imām Shāfi'ee
2.PART 2 –Legal Methodology
3.PART 3 –Distinctions between the School of Imām
Shāfi'eeand Abu Haneefah
3

4. Previous Sessions Discussed
The Meaning of Shari’ah
The Formative Period of Usoolul-Fiqh in the first
three generation.
The Emergence of the four Schools and dissemination
throughout the World
The Legal Methodology of the HanafiSchool
The Legal Methodology of the MālikiSchool
4

5. Part 1
Imām Shāfi'ee(150AH/767 CE –204 AH/820
CE)
His Name, Early Education, Teachers, Testimony by scholars & Death
5

6. 1. His Name & Family
Muhammad IbnIdreesIbnAbbāsIbnUthmānIbn
ShāfiIbnUbaydIbnUbuYazidIbnAbdul Muttalib
IbnHashimIbnAbdManāfAl-Qureishi.
His appellation was Abu Abdullah
Born In Gaza but others assert his place of birth was in
Asqalān.
Father passed away in Syria
Mother brought him to Makkahat the Age of two.
Lived a poverty life during his stay in Makkah.
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7. 2. Quest for Knowledge
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•His initial stay in Makkah.
•Studying under Imām Mālik
•Deportation to Baghdad
Phase 1
152 AH/ 769 CE –184 AH/801
CE
•Studying under Imām Muhammad
•Return to Makkahto commence teaching
•Second visit to Baghdad until settlement in Egypt
Phase 2
184 AH/ 801 CE –199 AH/816
CE
•His Final settlement in Egypt.
•His Demise
Phase 3
199 AH/816 CE –204 AH/820
CE

8. 2.a) Phase 1 –
152 AH/ 769 CE –184 AH/801 CE
Memorised Qur’ānat the age of 7 and memorised the
entire Muwattaat the age of 10.
Was pronounced as the Mufti of Makkahat the age of
15.
Travelled to Madeenahat the age of 20 to study the
Muwattaunder the Imām Mālikhimself and remained
in his company until his death (179 AH/796 CE)
Became the governor of Yemen around the age of 30
Arrested and deported to Baghdad (age 34) along with
ten other members and presented before the Caliph
Haroonar-Rasheed
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9. 2.b) Phase 2 –
184 AH/801 CE –199 AH/816 CE
Was released under Imām Muhammad’s intercession.
Studied by him for two years.
Acquired the knowledge of the HanafiFiqh and the
people of Irāq.
-Engaged in debates and discussion with scholars.
-Was a staunch defender of the MālikiSchool
-Opposed the concept of legal rationality on hypothetical issues and
emphasised the importance of tradition.
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10. Returned to Makkaharound the age of 36 (186 AH)
and began lecturing in MasjidHaramfor nine years.
His lectures included;
-Synthesising the School of Mālikand Abu Haneefah.
-Critical analysis of positions with evidences
-Early development of his own legal theory
-Initiated the compilation of Ar-Risālah
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11. His second visit to Baghdad in 195 AH and
remained there for four years.
Critically examined the differences between the
jurists.
Initially was recognised an adherent of the Māliki
school.
Engaged in discussions and debates.
Systemised a set of legal principles of inferring and
interpreting Shar’eelaws.
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12. 2.c) Phase 3 –
199 AH/816 CE –204 AH/820 CE
His relocation to Egypt influenced his ideas and
legal thoughts;
-Became exposed to new custom and new debates.
-Revised his Ar-Risālahby making additions, erasing, re
defining terms.
-Abandoned the MālikiSchool and codified his on legal
system for the subsequent jurists.
He died at the age of 54 in the month of Rajab in
Fuslāt(near Cairo).
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13. 3. Testimony of Scholars regarding
Imām Shāfi’ee
Imām Ahmad IbnHanbalsaid,
“It is related in a Hadeeth in that every century Allah will rise amongst the
Ummaha man who will revive and straighten the Deen. Umar IbnAbdul Aziz
(became the reviver) in the first century and I hope Shāfi’eeis (the reviver) in
the second.”
Muhammad IbnAbdul Hakam(a renowned student of Imām Shafi’ee) once
commented about his teacher,
“Had it not been for Shāfi’eethen I would not have known how to respond to
others. It is through him I know what I know. He imparted to me (the svience
of) analogy, may Allah have Mercy on him. He knew the Sunnahand
tradition very well. He was excellent in character and articulate (in debates)
with sound judgments.”
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14. 4. Teachers
Imām Rāzistates that 19 teachers; 5 from Makkah, 6 from
Madeenah, 4 from Irāqand 4 from Yemen. Some of his
teachers included
1.Imām Malik IbnAnas
2.Imām Muhammad IbnHasanas-Shaybāni.
3.SufyanIbnUyayna
4.WakeeIbnJarrah
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15. 5.Outstanding Students
Rabi IbnSulaymanal Muradi
Abu Yaqoobal-Buwaiti
Abu Ibrahim Ibnyahyaal-Muzani
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16. Part 2
The Fiqh of Imam Shāfi'ee
His Legal Methodology, sources of principles, Works and
Development
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17. 1. Three developmental stages of
Legal Theory
1
•His duration of teaching in Makkah
2
•His second visit to Baghdad and compilation of works.
His opinions during this phase were known as Qawl
Qadeem(previous/old statements)
3
•His final settlement in Egypt where he reviewed his
works and changed his view on his principles, juristic
position and developed new ideas. His opinions duing
this phase is known as QawlJadeed(revised/new
statements).

18. 2.The Era of Imām Shāfi’ee
Formation of principles and early development of two
schools namely, the Hanafiand Mālikischools.
Spread and profound influence of the deviant sects upon
the Ummah.
Rationalization of the tenants of Deen
The Islamic empire spread across Spain (in the West) to the
boarders of China (in the East)
Intense scholarly debates about juristic matters.
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19. 3.Systematic Approach to the Sources
Evidence of Judgment;
1.Qur’an and Sunnah
2.Consensus
3.Companions –in the case of differences then to
select the most closest to the primary sources.
4.Analogical deduction
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20. 4. Legal Methodology
Formulate principles directly from the
Shar’eesources without discussion of
hypothetical issues.
-The rules of abrogation inferred from abrogated and abrogating
verses.
-The rules of ām (general) and Khās(particular) from Khāsand ām
verses
Legal principles remain set and not subject
to change.
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21. 5. Sources of Principles
The Qur’ān
Classifications of the Qur’anicexpressions
1. A general expression with a general implication, “Allah
is the Creator of Everything and He is the Guardian
over everything (39:62).”
2. A general expression but a particular is intended,
“Those whom people say that peoplehave ammassed
against you so fear them…”(3.173)
3. A particular expression but general is intended, “O
Prophet! When you divorce your wives then divorce
them….” (65:1)
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22. The Sunnah
The Prophet’s words, actions and tacit approvals.
The Sunnahexpounds and clarifies ambiguous
terms
Explains particular and generals of Quranic
terms
Sunnahis the same rank as the Quran
It qualifies certain injunctions of the Quran
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23. Ijma& Qiyas
Ijma(Consensus)
-The Unanimous Agreement of the theJusristsupon
the fundamental of the Deenirrespective of the time
Qiyās(Anologicaldeduction)
-Invalidation of Istihsān(legal preference)
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24. 6. Imām Shāfi'ee’sRenowned Works
(1) Ar-Risalah(the Epistle)
The Old Version –written in Makkah(another
narration in Baghdad)
The New Version –Revised in Egypt
-New principles
-More emphasis on the Sunnah
-Opposes the school of Madeenah
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25. Format of Ar-Risalah
Detailed discussion of the various forms of
expression in the Qur’an
Proves the authority of the Sunnah, differs
objections and legal principles of the
authentication of Sunnah.
Ijma, Qiyās, Ijtihadand Ikhtilaf
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26. (2) Al-Umm
First composed in Iraq titled –Al Hujjah
Revised in Egypt and titled Al-Umm
Format;
-Discusses Juristic issues
-Analysis of the various opinions with evidences of the different Jurists.
-He wrote and dictated it to the students who then further refines and
transmitted to their students
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27. 7. Spread of the His legal School
Those regions in which the School of Shāfi'ee
disseminated;
1.Egypt
2.Some parts of Spain
3.Syria
4.Al-Qudsand other surrounding regions.
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28. Part 3
Some Distinctions Between the
Hanafiand Shāfi'eeSchool
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29. Distinction between both Schools
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HanafiSchool Shāfi'eeiSchool
AbuHaneefahdid not compose any
writing s on his legal theory nor
Jurisprudence
Composed his own legaltheory and
Juristic work
Represented the Fiqh of Iraq Attempted to combine the School of
Abu Haneefahand Malik but
formulated his own legal reasoning
Do not allowa solitary Hadeeth to
qualify or restrict a Quranicinjunction
Sunnah(as a whole) is the similar status
of the Qur’an which can qualify or
restrict a Quraniccommand
Practice of the local community
(jursist) upon a report outweighs a
solitary report
A rigorous authentic report can
outweigh the practicea local
community even if it is a report.

30. Recommended Reading
Hasan, F. FaUsoolFiqh KiTareekh,(Urdu),
Pakistan, Dārul-Ishāt.
AbuZahra, The Four Imāms, London, Darul
Taqwa.
Haddad G.F The Four Imāms, Muslim Academy
Trust, London
Doi, A. R Shariah
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31. Scholarly Giants
Let us take you on a journey to the Truth
Imām Ahmad IbnHanbaland his Legal School
Date:7/12/14
www.jkn.org.uk.co.uk
Not to be missed!
By
Mufti Abdul Waheed
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32. Life and his works
His knowledge on Fiqhand Hadeeth
His legal theory and methodological framework.
Contributors to the development of his school
His students
Testimony of scholars about Imām Ahmad
Distinction between the Hanafiand Hambali
School
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33. Forthcoming Titles in the Series
Critical Discussion on Taqleed
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34. ايرخ الله كازج
Q & A
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