Download - History of Fiqh Stage 6
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History of Islamic Law
Sixth Stage
Stagnation
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Introduction
Begins with the fall of Baghdad in the seventh century ofHijrah and extended to the present days.
This period also include the rise of the Ottoman Empire
(923H-1337H)
Founded in 1299 CE by the Turkish leader Uthman ibn
Ortaghal Othman the First [1259-1326 C.E.], and declined
under the attacks of European colonialism and ended in 3
March 1924.
It is when Caliph Abdul Mejid II of the Ottoman Empire isdeposed. The last remnant of the Ottoman Empire gives way to
the reformed Turkey of President Kemal Atatrk.
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Characteristic of Fiqh: 6th Stage
The practice of taqlid
The codification of Islamic law
The colonization of Muslim states
by the West
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The practice of taqlid
The trend oftaqlid, which was prevalent duringthe fifth stage continued in this period till itbecomes a norm among the scholars andpublic.Some of the scholars during this period actually have
the capacity to perform ijtihad independently, e.g. al-Nawawi Yahya ibn Sharaf [631-677H], but he
personally didnt want to be entitled as Imam al-Mazhab
as if it will offend the founding Imam (Shafii).
Despite that, there are some reformers who call for the
exercising ofijtihad.
These scholars have put their effort to exercise ijtihad
and try to reemphasis its important and they reject the
idea of solely referring all matters of Islamic law to the
four prominent mazhab.
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Among these reformers [al-Mujaddid] are :
Ahmad ibn Taimiyyah, Ahmad ibn Abd al-Halim ibn Taymiyyah
[661-728H]
Ibn Qayyim al-Jawziyyah, Muhammad ibn Abi Bakr [691-751H]
Muhammad ibn Ali al-Shaukani [1173-1250H]
Ahmad ibn 'Abdul-Rahim better known as Shah Wali Allah al-
Dihlawi [1703-1762 CE]
Jamal al-Din al-Afghani [1839-1897 CE]
Muhammad Abduh [1849-1905 CE]
Despite the effort by these scholars, they were not all together
free from the criticism from others who oppose their idea and
the inclination towards taqlid was still dominant among the
scholars and the general public.
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The codification of Islamic law
The codification of Islamic law was prepared under the support of
the Ottoman caliphs.
The famous code was called Majallah al-Ahkam al-Adliyyah (The
Just Codes), which was drafted by a panel of seven top ranking
scholars ofFiqh.
The codification has turned legal rulings of Fiqh into legal code orlegal text or Acts as existed in modern written law.
Legal rulings of Fiqh were arranged into parts, and parts into
sections, and sections into articles, and articles into clauses.
Qadhi will refer to the code in their verdict:
According to Sections five of Part 1 in Book 1 (Sales Contract), Article 190:
The contracting parties, after making of the contract, can rescind (al-Iqalah)
the contract of sale by consent (of both parties).
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The colonization of Muslim states
With the western colonization, the European law codesreplaced Islamic laws throughout the Muslim world with the
exception of some area of the law
Although European colonialism has formally ended in Islamic
world, the constitution and law in many Muslim countries is
very much influenced by the colonial law be it British, Dutch or
other colonial power.
Therefore, Islamic law has ceased to be practiced in all Muslim
countries with the exception of some countries that has
adopted certain aspect of Islamic law such as in Saudi Arabia,Pakistan, Sudan, Iran and others.
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The panelist of the Mejelle
Ahmad Jevdet / Jevdet Pasha - Minister of Justice
Sayed Khalil inspector of Awqaf
Seif el-Din a counselor of State
Sayid Ahmad Khoulousi a member of high court ofjustice
Sayyid Ahmad Hilmi
Muhammad Emin- a counselor of State
Ibn Abidin Zade aladin - member of the committee.
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