The Second Stage: Establishment (632-611CE)

The basic foundation for deduction of laws was laid by the example of the Prophet, and he encouraged the companions to make judgments. At that time there was one Mad’hab, and that was the Mad’hab of the Prophet.

The Second Stage: Establishment

The second stage covers the period of the righteous caliphs (From Abu Bakr to the rule of Ali ibn Abi Talib). This lasted for 29 years. 

During the first 20 years of this period, the borders of the Islamic state expanded rapidly and included Syria, Jordan, Egypt, Iraq, and Persia. The Islamic nation now came into contact with major civilizations. Some were in a state of ruin, but there existed remnants of major civilizations. These all had to be placed in their correct context with regards to Islamic law. What was useful from these nations would be absorbed so long as they didn’t go against the teachings of Islamic law. Once again, Islam came to reform, not erase.

The Caliphs relied strongly on consensus (Ijma’). This became a marked feature of this period. They also relied on their own Ijtihad, if a consensus could not be established. The Caliphs developed these new principles, which weren’t around at the time of the Prophet, to deal with the needs of their era. We see the initial development of Fiqh during this period.

Up to the death of Ali, this period was free of Factionalization. This doesn’t mean that it was free of problems, but the Muslim state was able to bring them under control and retain government over the area.

The basic problem solving procedures developed by the Caliphs:

1) The Caliph, in order to reach a decision, would refer to the Qur’an.

2) He would then find the ruling in the Sunnah.

3) If he didn’t find anything clear in the Qur’an and Sunnah, he would call a meeting with the companions of the Prophet.

People like Umar bin Khattab would disallow the leading companions of the Prophet from leaving Makkah and Madinah. The caliphs wanted a body of knowledgeable companions around them.

4) If the group wasn’t able to establish a consensus, they would follow the democratic principle of majority rules.

5) The Caliph himself would make Ijtihad where it was necessary. If he felt that a particular opinion was correct and wasn’t supported by the majority, he had the right to overrule them with Ijtihad.

E.g. Fighting the people who refused to pay Zakat. The majority suggested that it was best not to fight the people at the time, because the major foot soldiers of the nation had been sent north to the Romans. The Prophet chose Usama bin Zayd (who was about 15 or 16 at the time) to lead the Muslim army. 

Abu Bakr didn’t want to accept their refusal, because it was setting a precedent. Abu Bakr left the gathering by himself, and his bravery caused others to fall in line. He overruled the majority opinion in fighting those who refused to pay.

The approach of individual companions to Ijtihad:

1) They would indicate in their decisions that what they ruled was not necessarily correct, burt merely their best effort.

E.g. When Abdullah ibn Masoud was questioned about the inheritance rights of a woman who had been married without a defined Mahr, he gave his opinion that she take the Mahr in accordance to the standard of the people of her family. After that he said, “I am giving my opinion about her. If it is correct, then it is from Allah. But if it is incorrect, it is from me and Satan”

2) If they made rulings on any issue and evidence would come to them later of a statement of the Prophet contradicting the position they took, they would immediately drop their position and go with the ruling of the Prophet.

E.g. When the Prophet passed away and there was a disagreement as to where they would bury him, one of the companions related that the Prophet said, “Prophets are buried where they die”

3) Where the companions may have had different opinions in general they would respect these differences. 

They differed based on the information available to them. Additional information may have come later which may strengthen one side, therefore we can’t say that since they differed we are able to as well.

They didn’t allow their differences to split their ranks. However we find that where they found evidence they would hold it strongly.

E.g. Umar bin Khattab heard that people were still practicing temporary marriage. He threatened them with lashes.

The Absence of Factionalism

Factionalism didn’t take place because they preserved their unity following certain principles:

1) Mutual Consultation

2) Arriving at a consensus was relativity easy, due to the fact that many of the leading companions were still around the Caliphs.

Ahmed ibn Hanbal only recognized consensus up until the end of the time of the Sahabah.

3) The vast majority of the companions didn’t make rulings. They would pass it on to someone they deemed more qualified until it reached the leading companions.

4) 80% of the Hadith were narrated by the top 10 or 15 of the companions of the Prophet. Narration tended to be found within a certain group amongst the companions and that was due to their fear of misquoting the Prophet. Also, Umar ibn Khattab, had ordered the companions to concentrate on the narration and study of the Qur’an in his time and minimize the narration of Hadith.

General Characteristics of Fiqh in this Period

1) The Fiqh dealt with realistic problems. They didn’t get into hypothetical issues. It dealt with the problems of their times.

This is unlike the Foundation Stage. 

E.g. As you go closer to the article circle, you have 6 months of perpetual daylight, and 6 months of perpetual night. How do you calculate your prayers at this time? Some scholars say you calculate based on the nearest region to you which has daily sunrise and sunset. Others say you go by the timing of Makkah. The scholars have varied in their opinions, because the Prophet just said, “Estimate it”.

The Prophet told the companions that the first day of the Dajjals rule would be like a year, and the first question the companions asked was, “How are we going to pray?” This was their main concern. And the Prophet said, “Estimate it”. He left these principle 1400 years ago, for Muslims who live in places where sunrise and sunset occurs every 6 months.

2) The companions who led the Ummah did not prescribe a methodology. They didn’t set their ruling in stone.

3) The general position of literalism, where the obvious meaning of texts were favored. 

The caliphs and those under them didn’t go into metaphor, similes, and try to re-interpret texts. They would try to avoid personal opinions. 

This isn’t to say there was personal opinions to some degree. E.g. Abdullah ibn Masoud represented the school of thought whereby they would seek to understand the principle behind rulings. The beginnings of reasoning approach to legal text was planted at that time.

However, as a dominant feature, the companions followed the general meaning of the text.

4) The companions did suspend some elements of the Sharee’ah based on its non relevance to their time. 

E.g. The practice of giving cash gifts from the treasury to newly converted Muslims was stopped by Umar bin Khattab at his time. He ruled that it was not necessary because Islam was already established, and there was no need to win over hearts. He diverted its funds to other categories.

5) The Fiqh in this era was unified in that the head of the Madh’hab was the head of the state.

However, the different practices of companions, such as Ibn Umar in Madinah and Abdullah ibn Masoud in Iraq in personal opinions could be looked at as the foreshadowing of a division into different Math'habs.