The World of Law

Periods of Development of Islamic Law

At the time of emergence of Islam, the Arabs were divided into tribes, sub-tribes and families. Tribal system was all pervasive. Each of these bodies were its hostilities with each other at varioius occasions. Gradually, in the cities of Mecca and Madina, a number of tribes united together with helped a lot in the development of Arabian law, hence started the growth of law.

Hence, in Pre-Islamic Arabia, there was little government and consequently less law.

Before going to elaborate the origin and development of the law under the subject, it is very essential to examine the correct denomination for its various terms used for the subject are Islamic law or Muhammadan Law. It means the moral code and religion of law.

(i) According to Imam Abu Hanifa:

Islamic Law as a knowledge, which explains what is for a man's self and what is against a man's self.

The present Muslim law is the result of a continuous process of development. The history of growth of Islamic jurisprudence is divisible into the following different phases.

(i)  The First Phase-The Legislative Periods (622AD-632AD):

Holy Prophet's (PBUH) period was the initial period of Muslim legal system. During that period, the Holy Quran and Sunnah were the only sources of Islamic laws. With the passage of time, these laws were provided in response to the problems and matters.

So the period of Islamic jurisprudence lasted only for ten years i.e., AH 1 to AH 10. This period is also called the legislative period of ten years, the legislation was made by the Prophet which was one innovation in the law of Arabia. The aim of the Prophet was not to create a new little change in the existing customary law of Arabia. His object was to teach men how to act, what to do and what not to do.

(ii)  The Second Phase-The Caliphate Period (632AD-661AD):

The period of first four Caliphs was the second period of Muslim legal system. During that period, Islam spread rapidly. Such spreading created different new problems and matters for newly framed Muslim legal system. To solve these new issues, another source of Islamic laws 'Ijma' was practiced.

(iii)  The third Phase-The Imamate Period (611AD-1942AD):

During the third period, five schools of thought were originated. Out of these schools of thought, one was Shia school of thought and other four were Sunni schools of thought. These were, in fact, schools of Islamic jurisprudence. These schools did excellent work for interpretation and explanation of Islamic laws. Doctrines of Qiyas and Istehsan were adopted for solution of already existing and newly emerging problems.

(iv)  The Fourth Phase-The Modern Period (1924 Onwards):

The fourth phase starts with the modern age of legislation. Efforts were made by the jurists of distinct schools to develop the law. The process of development stagnated but 'Taqlid' came into existence.