Legalization Period (Maliki)


What is legalization period?

With the fall of Baghdad (Abbasid Empire), in 1258, the era of Legalization had begun and continues until the current era:

The characteristics of this era are:

  • Legalization had begun. The first step to be made was the book “Majallat-ul Ahkami’l Adliyya” which resulted in the legalization process by all the Muslim states.

In 1869, the Ottoman Empire formed a committee called “Majallah”, with Ahmet Cevdet Pasha as head. Their aim was to create a practical Islamic law constitution (based on the Hanafi fiqh). The committee was formed with the greatest Islamic jurists and the process of preparing a constitution took seven years, they created 1851 laws. The Majallah, with the approval of the Sultan, went into application.

During the years 1840-1951, criminal laws were created, in 1857 property laws were created and in 1917 domestic (family) laws were created. The domestic laws encompass fiqh from the three schools including the Hanafi school.

The formation of this constitution impacted many other Islamic states; they decided to also do the same. After a short while, similar steps were taken in Egypt and Syria.

2- Older publications encompassing the spirit of itjihad were revived. Special attention was given to the books of scholars such as: Shah Waliyullah, Shawkani, Ibn Taymiyyah, Ibn Qayyim, Ibn Hazm, Shatibi.

3- Qamus (dictionary), encyclopedias and fiqh books of the four mazahib were written.

4- Texts supporting Islamic law against western law were written, the two constitutions were compared, contrasted and the superiority of Islamic law was asserted.

Source: Fiqh1 (According To The Maliki School Of Islamic Law), Erkam Publications

The Contents of Fiqh as a Science (Maliki)

The Importance of The Science of Fiqh (Shafii)