KULIYYAH OF ISLAMIC REVEALED KNOWLEDGE AND HUMAN SCIENCES

INTRODUCTION TO FIQH RKFQ 2062

THE PERIOD OF ESTABLISHMENT: ERA OF THE RIGHTEOUS CALIPH

PREPARED BY:

NAME MATRIC NUMBER SECTION NUMBER

: : :

NURUL SYAHIRAH BINTI MOHD JAMEL 1117002 5

PREPARED FOR: DR. ZOUBIR BOUCHIKHI SEMESTER 2 2012/2013

TABLE OF CONTENT Topic Introduction Content 1.0. The Overview: Fiqh and Shareeah 2.0. The First Stage: Foundation 67 8-9 Page number 4-5

3.0. The Second Stage: The Era of the Righteous Caliphs; Period 10 - 11 of Establishment. 4.0. Characteristics of Fiqh During This Period 5.0. The Sources of Islamic Law During This Period 6.0. Ijtihad of the Companions 7.0. Differences in Views Among the Companion 12 - 14 15 - 18 19 - 20 21

8.0. Main Reason For the Different of Opinion Among the 22 - 23 Companions

Conclusion Bibliography

24 - 25 26

INTRODUCTION Allah swt has revealed the Holy Quran to His Messenger, Prophet Muhammad s.a.w for him to spread the knowledge to all mankind. Al-Quran, or also known as Al-Kitab and many other names related to its attributes have many functions and one of the major functions is its role as a source of guidance. The revelation of the Holy Quran is a sign of the establishment of Islam as a religion and as a way of life. The revelation was over the period of twenty three years of his life on which thirteen in Makkah and ten in al-Madinah. After this period in which the revelation was completed, Islamic law had gone through several phases of development up until recent times. The scholars of Islamic law have categorized the development of Islamic law traditionally into six major stages, namely, foundation, establishment, building, flowering, consolidation and finally stagnation and reinvention stages. Islamic law stands on its very own formula and the formulation of Islamic law has been given its own term that called fiqh. What does this term refers to? Thus, based on all of the questions, the only way to answer them is by having a very deep discussion on the very beginning of when it was started, how it was regulated and who were the people that participated in the working. Due to that, the title The Second Stage: The Era of the Righteous Caliphs has been chosen as a topic to be discussed in this assignment. As it was actually the time where Prophet Muhammad s.a.w had just passed away, the discovery on how The Righteous Caliphs1 struggled in order to preserve those what have been left by Prophet Muhammad especially the knowledge of Islamic law.
1

Righteous Caliphs refers to the four companions of the Prophet Muhammad s.a.w or also known as Khulafa Ar Rasyidun.

1.0.

The Overview: Fiqh and Shareeah In order for a proper understanding of the historical development and the evolution of Islamic law, the terms fiqh and shareeah need to be defined. The term Islamic Law has been refers as fiqh and shareeah but both terms are not synonymous either in Arabic language or to the Muslim scholars. The literal meaning of Fiqh refers to the true understanding of what is intended2. An example of this usage can be found in the Prophet Muhammads statement: To whomsoever Allaah wishes good, He gives the Fiqh (true understanding) of the Religion3. Technically, however, Fiqh refers to the science of deducing Islamic laws from evidence found in the sources of Islamic law. 4 Shareeah, literally means, a waterhole where animals gather daily to drink, or the straight path as in the Quranic verse.Then we put you on a straight path (Shareeah) in you affairs, so follow it and do not follow the desires of those who have no knowledge.5 As a technical term, however, the word shareeah was defined by Al-Qurtubi as the canon law of Islam, all the different commandments of Allah swt to mankind.6 Some scholars defined this word as the injunctions revealed to the Prophets of Allah related to

Defined by Abu Ameenah Bilal Philips in her book entitled The Evolution of Fiqh , 3 rd edition 1995. (p. 1, para 2, line 1) 3 Reported by Muaawiyah and collected by Al-Bukharee (Sahih Al-Bukhari (Arabic-English), vol. 4, pp.223-4, no 346), Muslim, (Abdul Hamid Siddiqi, Sahih Muslim, (English Trans.), (Beirut: Dar al-Arabia, n.d), vol. 3, p.1061, no 4720), at- Tirmidhee and others. 4 Defined by Abu Ameenah Bilal Philips in her book entitled The Evolution of Fiqh , 3 rd edition 1995. (p. 1, para 2, line 5) 5 The translation of Surah al-Jaathiyah (45): 18, Tafseer Ibn Kathir, vol 1-10, digital version from www.tafsir.com. 6 Defined by Al-Qurtubi, Al-Jami li Ahkam Quran, vol.16, p. 10, Zaydan, Al-Madkhal li Dirasat al-Shariah alIslamiyyah, (p.38);Dr. Mohamad Akram Laldin , Introduction of Islamic Shariah & Jurisprudence, 2 nd Edition, (p. 3)

law or belief.7 In conclusion, the term shareeah can be deduced from the different definitions given above as follows: It is the sum total of Islamic teaching and system, which was revealed to the Prophet Muhammad s.a.w recorded in the Quran as well as deducible from the Prophets divinely guided lifestyle called the sunnah.8 Both term fiqh and shareeah have been defined briefly in previous paragraphs. The discussion on the evolution of fiqh is hopefully will be easier to reach its target which is to get a clear understanding especially regarding the first stage during the era of Prophet Muhammad s.a.w that will be discussed in the next subtopics that are so much related to the discussion on the second stage which is the era of the Righteous Caliphs.

2.0.

The First Stage: Foundation The era of the Righteous Caliphs would not have started if there was no history of the era of Prophet Muhammad s.a.w or also known as The Stage of Foundation. In fact, the involvement of the companions during that particular era was a starting point for the evolution of fiqh to be successfully developed. This stage of development covers during the period of Prophet Muhammad s.a.w as it was the time where the Holy Quran was revealed continuously to him. The Quran was the only source of law at that time and it represented the blueprint in his day-to-day life (i.e. the Sunnah) acted as a detailed explanation of the general principles outlined in the Quran as well as a practical demonstration of their application.9

7 8

Al-Zahwawi, Kasshaf Istilahat al-Funun, vol.3, p.759. Written by Dr. Mohamad Akram Laldin, Introduction of Islamic Shariah & Jurisprudence, 2 nd Edition, (p. 3) From Al-Madkhal, p.50; Abu Ameenah Bilal Philips in her book entitled The Evolution of Fiqh.

There are five important characteristics that should be emphasized in this stage. There are about the method of legislation which was a gradual method of legislation that used the verse of the Quran that was revealed by Allah swt based on the event that occurred such as in the case of Hilaal ibn Umayyah who came before the Prophet (s.a.w.) and accused his wife of adultery with another of the Prophets companions. The Prophet (s.a.w.) said, Either you will receive the fixed punishment (of eighty lashes) on your back. Hilaal said, Oh Messenger of Allah! If any of us saw a man on top of his wife, would he go looking for witnesses? However, the Prophet (s.a.w.) repeated his demand for proof. Then angel Gabriel came and revealed to the Prophet (s.w.) the verse10 As for those who accuse their wives and have no evidence but their own, their witness can be four declarations with oaths by Allah that they are truthful and a fifth invoking Allahs curse on themselves if they are lying. But the punishment will be averted from the wife if she bears witness four times with oaths by Allah that he is lying, and a fifth oath invoking Allahs curse on herself if he is telling the truth.11 The second characteristic during this era is the usage of the general content of the Quran especially on the study of the Makkan period and the Madeenan period, and the third characteristic is the study on the legal content of the Quran. The next characteristic is the basis of legislation especially about the wisdom on why it was revealed which was actually to reform human condition in the Quran and the sources of Islamic law. The last characteristic is the sources of Islamic law that were used during that period which were the Holy Quran and As-Sunnah12.

10
11

Collected by al-Bukhaaree (Sahih Al-Bukhari (Arabic-English), vol. 6,pp. 245-6, no. 271) Surah An-Nur (24): 6-9 12 As-Sunnah is known as the traditions (al-hadith) transmitted by a large number of people from a large number of people whose agreement on a lie was rationally impossible.

The explanation given on the era of foundation of fiqh was only touched on the surface of its content but its main characteristics have been explained generally. It is important to be stressed here that during that particular era, there were such involvement by the Companions and a deep discussion on the second stage will be in the next topic.

3.0.

The Second Stage: The Era of the Righteous Caliphs; Period of Establishment. This stage opened a new chapter in the development of Islamic law, which saw the end of the revelation, and the development of various methods in deducing the ruling of fiqh. This period begins with the demise of the Prohet s.a.w inn 11 A.H and ends with the appointment of Muawiyah ibn Abi Sufyan as a Caliph in 41 A.H13. During this period there lived the senior Companions of Allahs Messenger s.a.w who carried the standard of call to Islam after him. Among them were the governors, commanders, judges and jurisconsults. There are several subtopics that will be discussed about this stage and the discussions will cover about the factors that affected the development and the characteristic of Islamic law during that particular period, the sources of Islamic law at that time, the position of ijtihad jurists during that period.
14

and the condition of Islamic law and practice of the

3.1.

The Factors That Affect Islamic Law During This Period

13

By Dr H.Hamid Hassan, An Introduction To The Study of Islamic Law, 2005 Edition, Adam Publishers & Distributors, New Delhi, p. 33 14 Ijtihad refers to the effort that is taken to find out the Islamic law when it is not stated in the Quran and AsSunnah.

There are two factors that had a greater effect on the development of Islamic Law during this period15. The following are the factors that affect the Islamic law during this period; I) Expansion of the Area of Islamic States During this period, different issues of fiqh cropped up as the results of the expansion of the borders of the Islamic states particularly during the first twenty years. The expansion included the conquest of Syria, Jordan, Egypt, Iraq and Persia. It was important for the jurists among the Companions at that time at that time to declare the rule of the shariah about the customs and the transactions that they practiced as there were the bearers of religion and Successors of the Prophet s.a.w in conveying his shariah and explaining it to the people after his death and break of the divine revelation. II) Mixing of the Arabs with Others As a result of the territorial conquests the victorious Arabs and the inhabitants of the lands they had conquered mixed together. Among these there were people who embraced Islam, and also those who did not. Under these circumstances, it was necessary for the jurists from among the Companions to search for the rules which could regulate these relations and to pronounce the rule of the Shariah with regard to these transactions.

15

Stated in An Introduction To The Study of Islamic Law, by Dr H.Hamid Hassan, 2005 Edition, Adam Publishers & Distributors, New Delhi, p. 34

4.0.

Characteristics of Fiqh During This Period Fiqh showed different characteristic trends during different periods of political and sosioeconomic development. Firstly, realism is the outstanding characteristic of Fiqh during the period of the Righteous Caliphs. It was based on actual problems rather than on imaginary ones. This form of fiqh was referred to in Arabic as al-Fiqh al-Waqiiee (realistic Fiqh) to distinguish it from the hypothetical Fiqh by the Ahl ar-RaI who came to prominence in Kufah and Iraq during the time of Umayyad. This method was later developed by the scholars of al-Madinah, which resulted in the formation of the school of Hadith. Secondly, the righteous Caliphs and some of the scholars have developed certain procedures in deducing the rulings of fiqh. However, they did not prescribed that these procedures must be followed by the Muslims in resolving the issues of fiqh. This open minded attitude in this areas not clearly defined by Shariah reflects the companions respect for freedom of opinion in such matter.16 Thirdly, the using of personal opinion is one of the characteristics of fiqh in this period and the majority of the companions preferred to stick closely to the literal meanings of texts of the Quran and the Sunnah. As a general practice, they avoided from giving personal interpretations. Ibn Umar, one of the leading jurists among the companions who remained in al-Madinah all his life, followed this practice. On the other hand, there were other companions, who favored the wide use of personal opinion in issues not specified by the Quran or the Sunnah. However, they were careful to attribute any errors that might result from their opinion entirely to themselves, so as not to bring

16

Collected from Dr. Mohamad Akram Laldin, Introduction of Islamic Shariah & Jurisprudence, 2 nd Edition, (p. 191)

discredit to Islamic law. Abdullah ibn Masud represented this school of thought. These two different approaches were later developed by the scholars and were evident in the establishment of the school of al-Hadith in al-Madinah and school of al-RaI in al-Kufah. Then, changing of laws with the disappearance of the reason for the laws existence and changes in social condition are also one of the characteristics of fiqh during this period. For example, the prohibition by Caliph Umar of the practice of giving zakah to newly converted Muslims and to those learning towards the acceptance of Islam. Umar reasoned that the Prophet Muhammad s.a.w had followed the practice in the early stages of Islam, when there was no longer any need for all possible support, but they was no longer any need to canvass for supporters. The example for the change of the law as the result of the changes in the social condition can be observed in the decision of Caliph Umar to change the law of divorce.17 Finally, there was no different mazhab during the period of the Righteous Caliphs. Even there were individual ijtihadat by the companions; it did not constitute a mazhab as it was during the time of the Prophet Muhammad s.a.w. The mazhab under each of the caliphs was that of the Caliph himself since the caliph in each case had the final say in all legal decisions involving ijtima or ijma. Consequently, deduced rulings made by a caliph where never openly opposed by his successors during his lifetime. However, when the succeeding caliph came to power, his opinion would then be given precedence over that of his predecessor and the deduced rulings of his predecessor would be changed to confirm to his opinion. After a brief discussion on how the characteristic of fiqh during the period of the Righteous Caliph, the next topic will explain on how the method of solving problem that
17

By Dr. Mohamad Akram Laldin, Introduction of Islamic Shariah & Jurisprudence, 2 nd Edition, (p. 192)

10

aroused and the steps taken by them on determining a new law that may not be found in The Quran and As-Sunnah.

5.0.

The Sources of Islamic Law During This Period When a problem confronted the Righteous Caliph, they devised certain procedures in order to solve new problems that had occurred during this period. Among the steps followed by Abu Bakar and Umar are;18 5.1.1. They would first refer to the Quran and searched for its rule in it and rule accordingly. 5.1.2. If they found in it a textual rule about that case, they decided by it; otherwise they looked into the Sunnah of Allahs Messenger s.a.w. 5.1.3. If they did not find in the text of the Quran and the Sunnah or anything by which they could decide it, they gathered the jurists-Companions and consulted them about the matter in question. (This consensus is referred to as ijma al-sahabi)19. If they agreed on a rule, they decided the case by it. 5.1.4. If unanimity could not be arrived at, they would then take the position of the majority. It can be concluded here that there are two primary sources of Islamic law which are The Quran and As-Sunnah and one alternative way that they usually used that called ijtihad if the differences were so great that there was no majority opinion. All these three sources of Islamic law will be discussed further in the next subtopics.

18

Ibn Qayyim, Ilam al Muwaqqiin, vol.1, pg.45; Dr. Mohamad Akram Laldin, Introduction of Islamic Shariah & Jurisprudence, 2nd Edition, (p. 182) 19 Written by Dr. Mohamad Akram Laldin, Introduction of Islamic Shariah & Jurisprudence, 2 nd Edition, (p. 182)

11

5.2.

The Quran Allahs Messenger s.a.w died while the Quran was not collected in one copy, but it was preserved in the breasts of the people and scattered in the copies. When Abu Bakr was appointed as the Caliph of the Muslims and sent out the troops for jihad (fighting), the army sent to Yamamah consisted of a large number of Companions who memorized the Quran and for whom martyrdom was decreed. The Muslims were afraid of the loss of a part of the Quran by the death of those who learnt the Quran by heart. They agreed on the necessity of collecting it after exercising collective ijtihad in which the seniors had participated. Umar ibn al-Khattab was the first to point out this danger during the caliphate of Abu Bakr. Abu Bakr selected Zayd ibn Thabit for that work. Zayd started collecting the Quran from the private copies of the peoples and from their breasts. These copies of the Quran were preserved in the custody of Abu Bakr during his lifetime, then with Umar ibn al-Khattab, and finally with his daughter Hafsah after his death. Abu Bakr did not write down the Quran, because the Prophet had already enjoined to record during his lifetime, but he only collected it. That he did by copying it from the notebooks in which it was scattered, collecting it in one copy, taking the help in collecting the Quran from that which was preserved in the breasts of the people. That was like the leaves found in the house collected them and tied them with a thread so that nothing of it could be lost. During the time of the third Caliph, Uthman ibn Affan, disagreement among the Quran readers about its reading increased the result of diversity of their dialects. Uthman thought to unite the people on the copy of the Quran which Zayd ibn Thabit had prepared by collecting it from different sources during Abu Bakrs Calipahate, and to
12

distribute it among all the cities so that it would be the sources for the people of these cities in respect of reading of the Quran and no disagreement should arise among them. Uthman ordered Zayd ibn Thabit, Abd Allah ibn al-Zubayr, Said ibn al-As and Abd al-Rahman ibn al-Harith to prepare the copies of the Quran from them. He then sent a copy of the Quran to every province among the provinces of the state, and ordered to burn all other copies. There was one copy of the Quran in each of the cities, Kufa, Basra, Damascus, Makkah, and Medina. The people used to consult it in the central mosque of the city, and Uthman retained for himself a copy of the Quran called al-Mushaf alImam.20 5.3. The Sunnah The Sunnah is the second sources of legislation after the Quran. The Companions were unanimously agreed that when the sunnah is proved to have been transmitted from Allahs Messenger, it is obligatory to act upon it. It is not less significant than the Quran in respect of being a proof. The sunnah established by a definite and decisive way is called al-Sunnah alMutawatirah (a sunnah constantly transmitted by a large number of people). Sunnah was known as the traditions (al-hadith) transmitted by a large number of people from a large number of people whose agreement on a lie was rationally impossible. But the sunnah not transmitted by such a gathering is known as the solitary traditions (akhbar al-ahad) and the Companions strictly followed them. Abu Bakr and Umar accepted the tradition from the Prophet only when it was confirmed by another transmitter who testified that he had heard it from Allahs
20

Collected from An Introduction To The Study of Islamic Law, by Dr H.Hamid Hassan, 2005 Edition, Adam Publishers & Distributors, New Delhi, p. 37

13

Messenger , and Ali ibn Abi Talib asked the narrator to take an oath that he had heard the tradition from Allahs Messenger. 21 6.0. Ijtihad of The Companions These companions were trained by the prophet during his lifetime to exercise ijtihad in resolving the issues of fiqh. It can be observed that ,some companions were actively involved in giving their views in resolving the issues .Among them were:Umar ibn Khatab ,Ali Ibn Talib and Abdullah ibn Mas `ud.Those who were less involved in giving their views including Abdullah ibn Umar, Abdullah ibn `Amr ibn al -`As and Al Zubair. Different approaches in understanding the text in exercising ijtihad can be observed in this period .Some of the companions would stick to the literal or direct meaning of the Quran and Sunnah whereas some other would try to find the reasons and rationale of the injunctions in the text One of the noble attitudes of the companions in excising ijtihad is that if they gave their view on certain issues and were later informed of an authentic hadith of the Prophet s.a.w on the subject ,they would immediately accept it. For example, after the Prophet s.a.w`s death ,the companions had different views as to the place to bury him.However ,when Abu Bkr related to them that he had heard the Prophets s.a.w saying that prophets would be laid for rest in the spot where they had died. They accepted what he had said and buried the prophet s.a.w in `Aishah`s r.a house .In

21

From An Introduction To The Study of Islamic Law, by Dr H.Hamid Hassan, 2005 Edition, Adam Publishers & Distributors, New Delhi, p. 38

14

addition, the companions respected the opinions of each and would not force anyone to follow their opinion.22 Example of the ijtihad that were practiced at that time is stated below. Statement of divorce In order to discourage abuse of divorce, caliph `Umar altered an aspect of the law of divorce .In the time of the prophet s.a.w, the pronouncement of three divorce statements at any one time was considered be merely one divorce statement and it was reversible .Caliph `Umar declared such multiple pronouncements to be binding and therefore irreversible .The tendency among the people to easily divorce their wives had prompted the Caliph to take this decision .The ruling was also imposed in order to discipline the society and to create awareness among them on the seriousness of such matter.23 7.0. Differences in Views Among the Companion There were instances where the companions debated and differed on various points of law in the process of resolving the issues of fiqh. However their differences were minor and rarely reached the level of disunity and factionalism as can be observed in the later period. Examples of the issues on which the companions differed upon is: 7.1. The companions differed in the share of the grandfather from inheritance in case the deceased had living brothers or sisters. This solution for the case was not stated in the Quran. Abu Bakar and Ibn Abbas r.a held the view that the rulings related to the grandfather was similar to the rulings related to father in
22 23

By Dr. Mohamad Akram Laldin, Introduction of Islamic Shariah & Jurisprudence, 2 nd Edition, (p. 184) Ibid, p.105; Dr. Mohamad Akram Laldin, Introduction of Islamic Shariah & Jurisprudence, 2nd Edition, (p. 185)

15

which father would block the shares of brothers and sisters, therefore, there was no share for them in such case. However, Zaid ibn Thabit and Ali ibn Abi talib r.a differed with them and said that the ruling on father was not applicable on grandfather. The grandfather entitled to equal share in the distribution of the inheritance.24 8.0. Main Reason For the Different of Opinion Among the Companions The Companions of the Prophet s.a.w were not equal in their knowledge and experience. Different persons had different exposure, knowledge and ability and it was normal if they differed in their understanding and interpretation of the main source of Islam, the Quran and sunnah. There were other factors that lead to the different opinions among the companions in their ijtihad. Among these are because of the difference in their knowledge of the existence of a particular hadith of the Prophet s.a.w in the issues of fiqh. This is due the fact that not all the companions were with him at all times to follow the instructions issued by him and some might be with him and some might not.25 Secondly, because of the difference in their acceptance of hadith. Some of the companions rejected certain narrations of hadith which they believe were defective.26 Thirdly, is due to the difference in the interpretation and understanding the Quranic text. There are certain words used by the Quran which carry two different meanings. Therefore, some scholars will prefer one meaning over the other.

24

Khalifah Babiker, Tarikh al-Tashri al- Islami wa Masadiruhu, p.91 ; Dr. Mohamad Akram Laldin, Introduction of Islamic Shariah & Jurisprudence, 2nd Edition, (p. 186) 25 Mustafa al-Khin, Athar al-Ikhtilaf fi Qawaid al-Uluhiyyah fi Ikhtilaf al-Fuqaha, p.412; Dr. Mohamad Akram Laldin, Introduction of Islamic Shariah & Jurisprudence, 2 nd Edition, (p. 188) 26 Zaydan, Madkhal, p.108, Dr. Mohamad Akram Laldin, Introduction of Islamic Shariah & Jurisprudence, 2nd Edition, (p. 185)

16

The last reason that leads toward these misunderstanding is due to the difference in the method of ijtihad on issues not mentioned in the text. There are many issues which are not described in detail in the Quran and Sunnah. Therefore different companions followed different methods of interpretation and referred to different sources in resolving these issues such as qiyas (analogical deduction), maslahah al-mursalah (consideration of public interest), and sadd al-dharai (blocking the means to evil).27

CONCLUSION After all of the discussions that were explained briefly in the previous topics and subtopics, the conclusion that can be made is the development of fiqh during the era of the righteous caliph is in nine main points. Firstly, the basis of the deductive Fiqh principles, Ijma and Qiyaas, Ijtihad was introduced during the time of the Righteous Caliphs. Secondly, the sudden addition of vast new territories brought Muslims into sudden contact with many different cultures, and this produced a host of new problems which were not specifically covered by the laws of Shariah. Thirdly, legal rulings became increasingly necessary, and the Righteous Caliphs gradually developed certain procedures for arriving at Ijtihad with minimum of disagreement. Fourthly, the Companions in general also followed decision-making procedures which helped them to avoid hard and fast rulings. The next point is the combined approval of the Righteous Caliphs and the sahabah in the matter of legal rulings tended to promote unity and to provide little of no occasion for factionalism within the Islamic nation.

27

Ibid, p.108; Dr. Mohamad Akram Laldin, Introduction of Islamic Shariah & Jurisprudence, 2 nd Edition, (p. 189)

17

It can also be concluded that only one madhab existed during the period of the Righreous Caliphs. This unified approach to Fiqh prevented the rise of madhabs not linked to the state until the end of the period. Besides that, particular emphasis was placed on the study of the Quran by the masses, while excessive quotation of hadith was discouraged. Although there was some difference of approach among the Sahaabah in the matter of the use of personal opinion, this difference did not in fact result in any factionalism during the period under review. So far as Fiqh was concerned, there continued to be one general approach that is one Madhab. However, the different practices of such sahabah as Ibn Umar in Madinah and Abdullah ibn Masood in Kufah (Iraq) in the use of personal opinion could be seen as the early beginnings, or the foreshadowing of a division of Islamic scholars into different madhabs.

18

BIBLIOGRAPHY 1. Islamic Jurisprudence, written by Imran Ahsan Khan Nyazee, The International Institute of Islamic Thought, Islamabad, 2000, ( Malaysian Edition; The Other Press, 2003) 2. Shariah The Islamic Law, written by Abdur Rahman I.Doi, 6th Print 1422 H/ 2002, A.S Noordeen, 1st published on London 1984. 3. Introduction to Shariah & Islamic Jurisprudence, written by Dr Mohamad Akram Laldin, CERT Publications Sdn Bhd, 2nd Edition 2008 4. The Evolution of Fiqh ( Islamic Law & The Madhabs ) written by Abu Ameenah Bilal Philips , International Islamic Publishing House, 3rd Edition 1995. 5. An Introduction to the Study of Islamic Law , written by Dr H. Hamid Hassan, Adam Publishers & Distributors, New Delhi, Edition 2005 .

REFERRENCES 1. http://www.scribd.com/doc/2410858/Evolution-of-Fiqh-Explanation-Notes 2. http://www.scribd.com/doc/2410868/Understanding-Usool-AlFiqh

19