KEY PHASES IN THE EVOLUTION OF FIQH AND THE FATWA SYSTEM

During the Prophetic era, the issuance of fatwas was restricted to a small number of individuals. Similarly, the documentation of fatwas was also quite limited. Among the Companions (Sahabah), only a few are noted for their contributions to the recording of the Qur’an and Hadith [4].

In the later stages of the Companions’era, the initial fiqh schools began to emerge. This development was particularly notable in Mecca and Medina. Before Islam, these cities, situated in a desert region, were characterized by their limited education. However, with the arrival of Islam, they were transformed as they became centers of knowledge, science, and culturedue to their role as the sites of the Qur’anic revelation and the residence of the Prophet (peace be upon him) and the Companions [3].

The formative era encompasses the period of the Medina State (622-632), the Rashidun Caliphate (632-661), and the Umayyad Caliphate (661-750).

The Rashidun era (632-661) was marked by the conclusion of divine revelation and the evolving formulation of Sharia principles by both the state and individual scholars. During this period, the practice of shura (consultation) was prevalent, with the Caliph convening certain Companions for advisory purposes. Notably, Umar ibn al-Khattab (may Allah be pleased with him), restricted the Companions from departing the capital—Medina—for consultations during his caliphate.

In the succeeding years, scholarly consensus (ijma) on legal decisions issued by the state council was recognized as a source of jurisprudence. Furthermore, individual scholars continued to engage in private ijtihad (independent legal reasoning). Historians identify and classify these figures from the Rashidun period into distinct categories based on their contributions to private ijtihad and the issuance of fatwas.

The foremost group of Companions who issued the most frequent fatwas comprises seven individuals: Umar ibn al-Khattab, Ali ibn Abi Talib, Abdullah ibn Mas’ud, Aisha bint Abu Bakr, Zaid ibn Thabit, Abdullah ibn Abbas and Abdullah ibn Umar. Among these, Abdullah ibn Abbas (may Allah be pleased with him) is distinguished as the Companion who issued the greatest number of fatwas.

The second category encompasses Companions who issued a moderate number of fatwas. This group includes, but not limited to: Abu Bakr, Uthman ibn Affan, Umm Salama, Anas ibn Malik, Abu Sa’id al-Khudri, Abu Huraira, Abdullah ibn Amr, Abdullah ibn Zubair, Abu Musa al-Ash’ari, Sa’ad ibn Abi Waqqas, Salman al-Farisi, Jabir ibn Abdullah, Mu’adh ibn Jabal, Talha ibn Ubaydullah.

The third group consists of those Companions who issued a relatively smaller number of fatwas, including, but not limited to: Abu Darda, Abu Ubayda ibn al-Jarrah, Ubayy ibn Ka’b, Abu Ayyub al-Ansari, Abu Dharr al-Ghifari, Hafsabint Umar, Safiyya, Miqdad ibn al-Aswad, Amr ibn al-As, Hassan ibn Thabit, Khalid ibn al-Walid and others. The total number of such Companions is estimated to be around 120.

Scholars, evaluating the intellectual capacities and juristic insights of these Companions, have ranked them according to their prominence. The foremost among them are: Abu Bakr, Umar, Uthman, Ali, Abdullah ibn Mas’ud, Abdullah ibn Abbas, Zaid ibn Thabit, Aisha bint Abu Bakr, Mu’adh ibn Jabal, Abu Darda, Ubayy ibn Ka’b, Abu Musa al-Ash’ari, Abdullah ibn Umar, Abdullah ibn Zubair, Abu Dharr al-Ghifari, and Salman al-Farisi (may Allah be pleased with them), among others.

The salient features of this period can be delineated as follows:

Firstly, with the expansion of the Islamic state’s territory, new regions with varying social conditions emerged, necessitating legal regulation. Many of these issues were not addressed during the Prophet’s (peace be upon him) lifetime. Consequently, they were dealt with by the caliphs, either through consultations with the Companions in their immediate circle or based on the individual judgments of some Companions.

Secondly, during the Rashidun Caliphate, legal matters were deliberated at the state level and resolved through a council convened by the ruler. The resolutions of this council were later recognized as consensus (ijma).

In the Umayyad period (661-750), the shift to a monarchical system had an impact on legal practices. The Umayyad era marked the advent of the first legal schools, which should indeed be termed “legal schools.” The initial legal schools emerged through the efforts of the students of the Companions who moved to different cities. The first schools were established in Mecca, Medina, Basra, Kufa, the Levant, and Egypt [2].

In the scholarly centers of Basra, Kufa, Mecca, Medina, Damascus, and Yamamah, several distinguished scholars were recognized for their contributions to fatwa and ijtihad. Imam al-Awza’i, Sufyan ibn Uyaynah, Rabi’ah al-Ra’i, Said ibn al-Musayyib, and other prominent scholars were regarded as founders of distinct madhhabs. However, these madhhabs did not persist.

In the specific context, the term “ra’y” within Islamic jurisprudence (fiqh) and its methodological framework (usul al-fiqh) refers to a personal judgment that aligns with revelation and textual sources but is characterized by individual interpretation. An illustrative example can be found inhadiths, in which the Prophet Muhammad’s (peace be upon him)states, “I will issue judgments based on my opinion in matters where there is no revelation.” Furthermore, when queried on how he would address issues not explicitly covered in the Qur’an and Sunnah, Mu’adh ibn Jabal (may Allah be pleased with him) replied that he would engage in ijtihad based on his personal opinion.

Hadith schools and the concept of ra’yadvanced independently, each contributing significantly toIslamic sciences. Historical narratives concerning these schools often lead to misconceptions. It is sometimes asserted that hadith schools concentrated on jurisprudence derived from hadiths, while ra’y schools relied predominantly on personal opinions. Such a distinction is inaccurate. In general, “ahl al-hadith” refers to scholars from Hijaz, whereas “ahl al-ra’y” denotes scholars from Iraq.

A prevalent misconception, even among the adherents of Abu Hanifah (may Allah have mercy on him), is to perceive him as the pioneer of jurisprudence based on personal reasoning, contrasting him with other imams who are seen as relying more heavily on hadiths. Abu Hanifah, with his Persian heritage and residence among non-Arabs, may have formulated his legal opinions without consistently referencing hadiths, influenced by various contextual factors.A detailed study of Hanafi jurisprudential texts reveals this approach. Additionally, Ali Qari’s commentaries on “Mukhtasar Ibn Qudamah” affirm that each jurisprudential issue within the Hanafi school is supported by evidence from the Qur’an and hadiths.

Abdulhaq Imam Juzjani outlined the developmental stages of fiqh as follows:

“According to the perspectives of various fiqh historians, fiqhevolved through six distinct phases: The Prophetic era; the era of the Companions; the era of the Tabi’un (successors); the era of the Mujtahids (independent juristic scholars); the era of the Muharrijs; the era of the Muqallidun (the adherents or followers)” [1].

In summary, fiqh and fatwas developed gradually and systematically through the periods. Scholars who issued fatwas attracted students and disciples, leading to the formation of jurisprudential schools. Over time, these schools developed, resulting in the establishment of various fiqh madhabs. While the Ahl al-Ra’y issued fatwas based on their reasoning, the Ahl al-Hadith based their rulings on hadiths. Nonetheless, this does not imply that the Ahl al-Ra’y lacked Qur’anic and hadith-based evidence. Similarly, the Ahl al-Hadith also incorporated personal judgment in some fatwas. 

1. Abdulhakim Shari’i Juzjani. Islamic Jurisprudence, the Hanafi Madhhab, and Jurisprudential Scholars of Central Asia. – Tashkent: Publishing and Printing Association of Tashkent Islamic University, 2002.
2. Ibn Kathir. Bidaya. Vol. 10. – Beirut: Maktabat al-Ma’arif, 1990
3. Islamic Encyclopedia TDV. – Istanbul: 2008. XXXV
4. Muhammad Jamaluddin Qasimi. Fatwas in Islam. – Beirut: Dar al-Kutub al-Ilmiyya, 1986.