Evolution of Fiqh - Mission Islam

Qabeelat Tayybah• They would try to make it clear that it was their own personal Ijtihad• If not, if it was in the Qur’an• If not, if it was in the Sunnah• If neither then the Khalifah would call a meeting of the Sahaba, and they would be asked about theissue. The khalifah would pick one he agreed with, and adopt it as state law. Umar was concerned about fatwa so much so that he would not allow the sahabaahto leaveMadinah without his permission, because he needed their assistance and consultation.• Abdullah ibn Mas'ud one time had an issue on inheritance. Abu Musa al-Ash'ari was asked and he gavehis opinion and then he said that if you want, go ask Abdullah ibn Mas'ud – they went to ibn Mas'udwho said if I give the answer that I just heard from you it means that I would be lying about Allah andhis Messenger. They then went back to Abu Musa al-Ash'ari, who said, as long as there is this greatscholar among you (Ibn Mas'ud), don’t ask me.Sources of Legislation in this Period1. Qur'an2. SunnahUmar would not accept narrations from just anyone. For example Abu Musa went, knocked on door ofUmar 3 times and left, Umar caught him and said why did you do this, and Abu Musa said Prophettaught us this. He said bring me someone to confirm this or I will beat you.3. Ijma’Not just of anyone though, it was of the major sahabah, it was the oldest and earliest Muslims. Umarthough used to bring Abdullah ibn Abbas even though he is young. Some older sahabah were offendedby this and said why don’t we bring our kids. Umar asked about the interpretation of surah Nasr. Otherssaid was of victory of the Muslims, but Abdullah ibn Abbas said it was the announcement of the deathof Muhammad (Peace Be Upon Him) and they were astonished by his knowledge.4. Ijtihad5. Ra’i or QiyasUmar was one of first to do this extensively, e.g Abu Bakr used to give equal allowance to everyone, butUmar said that we should give proportional to how early they accepted Islam- the earlier they acceptedIslam, the more they received.Prominent Fuqaha’ of this Stage ‘Umar ibn Khattab• The Prophet saw in a dream ‘Umar dragging his clothes, symbolized his knowledge compared to that ofthe rest of the sahabah.• The Prophet in a dream gave milk to ‘Umar, symbolized his Deen (faith)• ‘Umar organized the state He established the court system; brought in experts to help build the state up.• He left 540 hadeeth; found in books of hadeeth 26 in Bukhari & Muslim; 34 in BukhariTCE Notes Revolution 38