THE HISTORICAL DEVELOPMENT OF ISLAMIC LAW (FIQH) FROM THE REVELATION TO THE 7TH CENTURY AFTER HIJRAH
THE HISTORICAL DEVELOPMENT OF ISLAMIC LAW (FIQH) FROM THE REVELATION TO THE 7TH CENTURY AFTER HIJRAH
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Date
1999-02
Authors
TUKUR, MUSA MUHAMMAD
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Abstract
This research has been on the Historical Development of Islamic Law
from the period of the revelation to the 7th century after Hijra. In the
introductory part of this research an attempt was made to examine the necessity
of the need for laws to regulate the conduct of the society.
The research further analyzed the status of law within the Arabian
Peninsula before the advent of Islam. The law during the Jahiiiyyah period was
generally full of atrocities and confusions. This is because the law at that time
did not take into consideration the plight of the weak, women and the
oppressed.
However with the emergence of Islam, all the obnoxious customs and
traditions were nullified and substituted with the laws of the SharTah. Islam
therefore condemned and rejected in totality everything that contradicted it but
accepted and approved such things that were in consonance with the tenants of
the Sharia ah. Islam introduced some of such changes through a gradual and
systematic approach in line with the Divine will.
The Shari'ah covers a complete code of faith and practice covering the
whole aspect of mankind. Therefore the basic components of the Shari'ah
consists of the Laws related to beliefs (Aqaid), moral acts or cultivation of good
manners (Xkhlaq) and acts of worship (Ibadat) as well as transactions or
contracts (Mu'amalat). Fiqh (Islamic Law) in particular deals with the laws
related to'Ibadat and Mifamalat only hence it is one of the sub-branches of the
Shari'ah as a whole.
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The historical development of Islamic Law was studied in six different
stages. The peculiarities and achievements of each stage were highlighted. The
primary sources of the Sharif
ah are: the Qur'an, Sunnah and Ijtihad either in the
form oflima or Qiyas. In the course of the development of Islamic Law there
emerged the opinionist and the traditionist trends of Ijtihad within the Muslim
jurists, which eventually led to the formation of the different schools of law.
And the four most recognized schools of law are the Ilanafi, Maliki, Shafi'i and
Hanbali schools of Law. The sciences of Fiqh and Usui al-Fiqh were also
documented at a later stage. The research further examined some significant
legal terms used by the jurists in their analyses, which explained the rules of law
(Xhkam al-Shar'iyyah), its fundamental objectives (Maqasid al-Sharia'ah) and
therefore some sample cases were brought for the purpose of illustration to
buttress the methodology adopted by the earlier jurists in learning the Shari'ah.
Description
A THESIS SUBMITTED TO THE POSTGRADUATE
SCHOOL, AHMADU BELLO UNIVERSITY, ZARIA IN
PARTIAL FULFILMENT OF THE REQUIREMENT FOR
THE AWARD OF DOCTOR OF PHILOSOPHY IN
ISLAMIC STUDIES
DEPARTMENT OF EDUCATION
(ISLAMIC STUDIES SECTION)
AHMADU BELLO UNIVERSITY
ZARIA
Keywords
HISTORICAL DEVELOPMENT,, ISLAMIC LAW (FIQH) ,, REVELATION,, 7TH CENTURY AFTER HIJRAH,