Points of Difference and Resolution in an Islamic State: A Study of Amin Ahsan Islahi

Abstract

Mawlana Isl hi brings about histrionically point of discussion "how did differences Emerged”? In harmony via elucidating it, he gives two factors responsible for fermenting differences in Islamic fiqh.

1. Firstly, the assassination of Khulafa-e-Rashidin Hadrat Uthmanرضى الله عنه and Hadrat Ali رضى الله عنه resulted in the coming of regime which no doubt managed a strongly grip over the masses through their political might but could never win full confidence of the Muslims in general in regard to their ability to guide the later in matters of Shar'iah people depended on ‘Ulama and there was no longer any institution available to them for converting their differences into harmony.[1]
2. Secondly, there appeared different centers of fiqh with the expansion of Islamic state, as Madinah, Makkah, Kufa, Basra, Yaman, Sham, during the period of Taba'in. Then he gives the characteristic differences between these schools of fiqh.[2]

After Taba'in, he takes up the Fuqaha of the later periods that at the one hand they started freely accepting all sorts of Mauguf and Mussul Ahadith and on the second side they used to scrutinize different Ahadith on the particular issue.

1. Thirdly, they would also prefer the local school of thought if incase they found any differences in the observations of the companions, and thus there were three schools of Fiqh:

                     i.      Maliki fiqh: - founded by Hadrat Imam Malik who was the greatest authority on the knowledge and practice of the people of Madinahhh, on the judgments delivered by Hadrat Umar رضى الله عنه, and on the sayings of and judgments of Hadrat Abdullah b. Umar رضى الله عنه, Hadrat A'isha رضى الله عنه and other eminent companions.[3]

                    ii.      Hanafi fiqh: - founded by Hadrat Abu Hanifah who was a great scholar of the school of Ibrahim Nakhi and his comrades. His famous disciples Hadrat Qadi Abu Yousuf and Imam Muhammad are themselves the scholars of Ijtihad. However, they too did not make a departure from the creed and methodology of Imam Nakhi, and his comrades.[4]

                  iii.      Shafi'i fiqh: - founded by Imam Shafi, he improved the first two schools and laid down fresh rules and regulations for the sciences of Ijtihad and derivation. He raised his voice against the Istihsan[5], arrested the freedom of acceptance of Mursal and Munqata traditions, prescribed rules and regulations for collection and reconciliation of traditions etc.[6]

[1] Ibid., p.47.

[2] Ibid.

[3] Ibid., p.54.

[4] Ibid., p.55.

[5]Istihsan (استحسان) is an Arabic term for juristic "preference". In its literal sense it means "to consider something good". Muslimscholars may use it to express their preference for particularjudgments in Islamic law over other possibilities. It is one of the principles of legal thought underlying personal interpretation or Ijtihad.

[6] Amin Ahsan Mawlana Isla Ì…hi, Islami Riyasat Main Fiqhi Ikhtilafat, op.cit., p.56.