The Thahiree Madh’hab
The Founder: Imam Dawud ibn Ali (815-833CE)
He was born in Koofa and studied the Shafi’i Fiqh under the students of Imam Ash-Shafi’i. In the course of his studies he leaned more and more towards the approach of the Ahl-AlHadith, using Fiqh to clarify Hadith. He joined the circle of Ahmed ibn Hanbal, and continued to study under him until Ahmed ibn Hanbal expelled him because he had taken the position that based on the obvious meaning of the Qur’anic text, where Allah describes the Qur’an as being “Muhdath”, the Qur’an was created. When he expressed this view in Ahmed ibn Hanbals class, Ahmed ibn Hanbal asked him to leave, not wanting his ideas to infect the others. This was a Fitnah in the Ummah at that time.
He developed his own circle, and continued along the same line which led him to make the statement about the Qur’an, favouring the obvious meanings of texts and shying away from the interpretations. That is why he became to be known as Dawud Ath-Thahiree, and His Math’hab came to be known as the Thahiree Madh’hab.
Sources of Law:
1) Qur’an
2) Sunnah
He favoured the literal meanings of both texts.
3) Ijmaa
He accepted this, rejecting the idea they came to that position as a result of Qiyas. He felt that the Ijmaa of the Sahabah represented a form of the Sunnah which was not written down or conveyed verbally.
4) He rejected Qiyas.
To complete the needs of the Ummah with the issues that were arising, you’re not going to find enough material in the three sources to cover everything. Therefore, even he was forced to come to reason. He didn’t call it Qiyas, He used the term “Mafhoom” (i.e. What is understood or implied by the text). But in the end, this is the same as deduction.
The Disappearance of this Madh'hab:
People gathered around him for a while, but after some time he lost favor. People drifted back to the greater scholars. His approach was marginalized and the scholars that took it up were few.
Scholars use the label 'Thahiree' for anyone who takes the literal meaning of the text.
After the school virtually died out, in the 11th century, a Spanish scholar Ali bin Ahmed ibn Hazm alAndaloosi took up his position and revived it. By the power of his personality and God given skills, this Madh’hab became the dominant Mad'hab of Spain, and then North Africa. Ibn Hazm wrote a number of books, one of which Al-Albani favoured and admired.
Ibn Hazm did take opinions which were superior. He concerned himself with evidences and obvious meanings. But due to the fact that he wasn’t an outstanding Hadith scholar you find weakness in his Fiqh.
It flourished until the 15th century when Spain fell.
He was from Tabaristan and majored in all of the various fields of Islamic learning. He became a travelling jurist. He also studied the various schools that existed. In the course of his journeying, teaching, and searching for knowledge, he for the first 10 years after he returned from Egypt to his own region, strictly followed the Shafi’i school. In the end, he assimilated the knowledge that he gathered and began the process of making his own rulings. Students gathered around him and they became to be known as the Jareerites.
The Jareeri Madh’hab
The Founder: Mohamed ibn Jabir ibn Yazeed At-Tabari (839-923CE)
He was from Tabaristan and majored in all of the various fields of Islamic learning. He became a travelling jurist. He also studied the various schools that existed. In the course of his journeying, teaching, and searching for knowledge, he for the first 10 years after he returned from Egypt to his own region, strictly followed the Shafi’i school. In the end, he assimilated the knowledge that he gathered and began the process of making his own rulings. Students gathered around him and they became to be known as the Jareerites.
However, due to the fact that on one hand he didn’t have any major outstanding students, and really didn’t bring anything new, and his students were inclined to be tafseer students, it died out. They narrated his Tafseer which came to be known as Tafseer at-Tabari. Students of history also studied under him and he wrote a book which is commonly known as Tareekh At-Tabari. He produced Tafseer scholars and historians as opposed to jurists.
Conclusion:
The four stood out mainly due to state support, while there were others equally strong in certain times in history, but died out as a result of various social and political factors.
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Q. Refute the claim that Islamic law is outdated.
A. The primary laws which are based on revelation (Sharee’ah) don’t change, because the nature of man and human societies don’t change. With regards to the aspects of society that does change, these come through Fiqh, which is flexible.
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