F-UNGS 2040 Law and Jurisprudence
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Transcript of F-UNGS 2040 Law and Jurisprudence
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Law and JurisprudenceThe five major schools of legal thought
The impact of Muslim jurisprudence onEuropean civil law.
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IMAM MALIK (93 AH - 179 AH/715 - 795 AD)
1.Imam Malik spent his life in Madinah (where
much of the Quran was revealed and most of
the legal practices of Islam established)
2.Imam Malik spent his life studying, recording and
clarifying the legal parameters and precedentswhich were passed down to him by the first two
generations of Muslims (the direct inheritors of
the perfected form of Islam left by the Prophet
(saw).)
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Although he is the author of numerous books, his
most important work is the Kitab al-Muwatta,which deals with the subject of Islamic Law basedon Ahadith and Sunnah. It is the earliest surviving
book of its kind - written around 150 A.H.
Ibn Abd al-Barr said that Malik was the first who
compiled a book formed exclusively of soundnarrations. Abu Bakr ibn al-Arabi said: TheMuwatta is the first foundation and the core,while al-Bukharis book is the second foundationin this respect. Upon these two all the rest havebuilt, such as Muslim and al-Tirmidhi.
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Shah Wali Allah said: It is the principal
authority of all four Schools of Law, whichstand in relation to it like the commentarystands in relation to the main text. Malik
composed it in the course of forty years, havingstarted with ten thousand narrations until hereduced them to their present number of under
2,000.
Imam Malik held the hadith of the Prophet in
such reverence that he never narrated anythingnor gave a fatwa unless in a state of ritualpurity.
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IMAM ABU HANEEFA
(80 AH - 150 A.H. 699 AD - 767 AD)
It is said that Abu Hanifah was extremely pious,avoided forbidden things, remained silent andabsorbed in his thoughts most of the time, andanswered a question only if he knew the answer.
He was very generous and self-respecting, neverasked a favor of anybody, shunned the companyof the worldly-minded and held worldly power
and position in contempt. He avoided slander andonly talked well of people.
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Abu Hanifas school of thought is is the most
widely followed.Abu Hanifa was a man of profound learning and
was as generous with his knowledge as with hismoney.
Despite his wealth and high position in society,the Imam was extremely gentle and polite. AbuHanifa was a man of few words and never took
part in idle talk. In his classroom he would sit quietly, letting his
pupils freely debate among themselves, and
would speak only when the discussion hadbecome long and drawn-out without anyconclusion being reached. He would then give hisdecision, which would satisfy all present.
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He left behind him three works:(1) Fiqh-i-Akbar,
(2) Al Alim Wal Mutaam
(3) Musnad.
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IMAM SHAFII (150 AH - 204 A.H/767 - 820 AD)
Abu Abdullah Muhammad Ibn Idris al-Shafii was a
descendant from the Quraysh tribe: The only
Imam who is related to the Prophet (saw).
The most important books: Kitab al-Umm
(contains his rulings of on almost all subjects of
Islamic Law)
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He is known as 'Nasir al Sunnah (one who saved the
sunnah).
He was honoured as al-Imam al Mujaddid in that he isthe Mujaddid of the 2nd century.
He was a student of Imam Malik with whom he spenteight months.
Imam Malik made this comment: No scholar morebrilliant than Muhammad ibn Idris al-Shafii evercame to me as a pupil.
He is said to have divided innovation (al-bidah) intogood and bad on the basis of Umars words aboutthe tarawih or congregational supererogatory nightprayers in the month of Ramadan: What a fineinnovation this is!
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Among his sayings is: The study ofhadith is better than supererogatoryprayer, and the pursuit of knowledge is
better than supererogatory prayer.
Being a prominent figure, his lecturesattracted a huge gathering of at least5,000 students among whom nearly 500
took down notes daily. Imam Bukhari,Imam Muslim, and Imam Tirmizi werealso amongst his noteworthy students.
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IMAM AHMAD IBN HANBAL (164 AH - 241/780
AD. 855 AD)
Chronologically, IMAM AHMAD IBN HANBAL
was the last of the four imams. He was a very pious scholar who devoted all
his life in the Science of Ahadith and Fiqh.
It is said that he learnt almost a million Ahadith
by heart.
Harmala said: I heard al-Shafi`i say: I leftBaghdad and did not leave behind me anyone
more virtuous (afdhal), more learned, more
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Imam Ahmad ibn Hanbal was probably themost learned in the sciences of hadith of thefour great Imams of Sacred Law.
His students included many of the foremostscholars of hadith. Abu Dawud said of him:Ahmads gatherings were gatherings of the
afterlife: nothing of this world was mentioned.Never once did I hear him mention this-worldlythings. ... He never once missed praying in thenight, and used to recite the entire [Quran]daily.
Works: Al-Musnad
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