Q
The history of muhammadan law subsequently to the promulgation of islam and of the muhammadan legal science is divisible into four distinct periods.
1. Legislative period of islam: The first period commenced with the hijrat or retirement of the prophet to Madina (A.D.622) and ended with his death (A.D.632). This has been rightly called the legislative period of islam when laws were enacted by the divine legislator and promulgated in the words of the qQuran or percepts (Ahadith) of Muhammad (S.A.W). During the period of prophet (S.AW.) prophethood was of two ways:
1. Wahi
2. Consultation
Before Wahi prophet (S.A.W) listens to the sahaba (R.A) who advise him in same situation and be accepted according only when there is no Wahi, but if Wahi by Allah then prophet goes with it.
2. The time of the companions and their successors: when the prophet (S.A.W) dies in june A.D.682, the eleventh year of the hijra, the task of the spiritual and worldly government of the Muhammad common wealth devolved on his companions, and a new era commenced, the time of the companions of the prophet (S.A.W) and their successors. It was an age as has been observed mainly of collection and of interpretation and extension of laws by collective deliberations. Among the companions of the prophet, the names of hazrat; Ali (R.A), Umar (R.A), ibn Masud (R.A) and Ibn Abbas (R.A) stand out the most prominent.
3. Formation of sunni school: the third period was marked by a theoretical and scientific study of law and religion. Student of sahaba are called Tabaeen who forwarded the concept of jurisprudence:
a. Imam Muhammad
b. Imam Yousuf
c. Imam Zafar
These were known as the best students of the sahaba after 80’s in otherwise there was many others as well. It was during the rein of the Abbasides that the four sunni school of jurisprudence were established,
1. Hanafi school o fhtought
2. Maliki school of thought
3. Shafi school of thought
4. Hanbali school of thought
in 1256 war took place, an attack on Baghdad, 20 lacs out of 32 lacs killed during war.
5. Taqlid: since the third period there has been no independent exposition of Muhammadan law, and the jurists have been engaged within the limits of each school to develop the work of its founders. An elaborate classification has been made of the jurists of this period and their work, but it will be more appropriate to deal with that question in any in connection with the doctrine of Taqlid.
dies in june A.D.682, the eleventh year of the Hijra
