The Schools of Islamic Fiqh (Jurisprudence)

Meaning of Fiqhi Schools

'Fiqhi School is basically the name of different trends which have been adopted to derive solution of matters from the principal Shariah sources. The concept of Fiqhi schools was not prevalent in the period of the Prophet and the companions as it is today, but the basis of these trends was found and they were known in the period of the companions. These trends turned in to the form of Fiqhi schoos in the last period of the Sahaba (companions) and their successors. These trends got more accurate and new building erected at the foundation of separate rules and regulations.

Background of Fiqhi Schools

In the previous lines, it has been mentioned that at the time of the Prophet (peace be upon him) sometimes two different companions used to differ in understanding the saying of the Prophet. In these examples, there was possibility of taking different meanings since these examples were related to non-principal and partial matters. There is no place for such difference of understanding in the basic principles of religion. Therefore, the Prophet (pbuh) held right two opposite meanings of a guidance. Even, in the Glorious Quran, at many places there was possibility of taking various meanings. This difference of understanding sometimes was based on the word having two opposite meanings. Sometimes, the word had two meanings; one real and the other metaphor. Sometimes, the outer condition of the word gave a meaning and after contemplating the word or looking in to the context it gave another meaning. Some of the companions have adopted the first trend, so they used to stick to the outer meaning of the verses and Hadith. While some others tried to go in to the depth of the matter keeping the spirit of the Shariah and context in their view, and they used to issue orders accordingly. There is a famous account that once the Prophet (pbuh) ordered a group of the companions to offer the prayer of Asr in the locality of the Banu Quraizah. The companions went out and the time of Asr approached in the mid way. A group of the companions said that the Prophet meant that we reach quickly, so they offered Asr prayer in the mid way. While the rest, acting upon the outer meaning of the order, first reached to Banu Quraizah and they could only offer Asr prayer after Isha. When the Prophet (pbuh) was apprised of the incident, he objected none of the two.

When the Prophet (pbuh) left for his heavenly abode, the companions faced new issues about which there were no clear orders in the Glorious Quran and Hadith. So, the companions contemplated in to those matters in the light of the Quran and Hadith. As before, this contemplation was of two kinds and their opinions differed because of the difference in trends. The Tab’een (those who followed the companions) learnt the knowledge of Islam from the companions and thus theses trends shifted to them. The new issues and matters came up in abundance and they solved them according to their trends. Basically, it was this difference of trends which was associated with some other reasons that caused the formation variant jurisprudential interpretations. These Fiqhi scholars were in different cities of the Muslim rule and each had a circle of students and followers around him. Thus, their interpretations got the shape of a Fiqhi Maslak.

Logic of the Prevalent Fiqhi Schools

In the beginning, there were many Fiqhi schools and their followers. But as the time passed by, the followers of some schools, under various reasons, got lesser and lesser. All of their Fiqhi opinions and interpretative judgments were not compiled, and they became a part of the history. Only some of their opinions are found in few books and writings of the early authors. The other Fiqhi schools succeeded to win such scholars and jurists who compiled all the opinions and findings the particular school. They set up the rules and regulations and propagated them. Later, these Fiqhi schools enjoyed such scholars of Fiqh who transferred this asset to their successors and rendered a marvelous service to safeguard this treasure. These schools survived. In Ahlus Sunnah, there are Hanafi, Maliki, Shafi’i and Hanbali Fiqhi schools, while in the Shiites there are Ja’fariyah and Zaidiyah Fiqhs.

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Translated and partly prepared by:
Mufti Obaidullah Qasmi, Maulana Afzal Qasmi, Mufti Muhammadullah Khalili Qasmi

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