THE ISLAMIC LAW’S
GROWTH AND
DEVELOPMENT HISTORY
BY
GEMALA DEWI
INTERNATIONAL CLASS-FHUI
STEPS OF ISLAMIC LAW’S GROWTH AND
DEVELOPMENT

I.
II.
III.
IV.
V.
Generally, the Islamic law’s growth and
development divided into 5 steps :
Prophet Muhammad SAW period (610 M –
632 M).
Khulafa Rasyidin period (632 M – 662 M).
Establishment, development and compilation
period (VII M – X M century).
Sluggishness of thought period (X M – XIX M
century).
Renaissance period (XIX M – until now).
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The Condition of Arabian Gulf
Condition of Arabian Gulf was :
a.
Arabian gulf was empty and infertile, surrounded by the sea on
it’s three sides and sea of sand on it’s fourth side.
b.
The people live by keep moving from place to place (nomaden).
c.
Living in the hard environment, makes the people live individually.
d.
Characteristic of the people is Unilateral Patrilinial, which means
that the position of a man is very important in the family.
e.
The woman’s position was considered doesn’t exist so that they
didn’t get any legacy like her brother.
f.
The people who live in Makkah are the traders, especially from
klen Quraish, who has trading relationship with the Abessinas in
south, Romans in west and Persians in northeast.
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Prophet Muhammad SAW period
(610 M – 632 M)
a.
b.
c.
Prophet Muhammad SAW was born at Mekkah in 12 Rabi’ulawwal
(the third month of hijriah) the year of “Elephants”.
After his mother died several years later, Muhammad was raised
by his grandfather, Abdul Muthalib and after his garndfather died
to, then he was raised by his uncle, Abi Thalib who tought him
how to trade, and in His young hood He became a generous,
peaceful and support the truth and justice.
At the age of 25, Muhammad got married with a rich widow
named Khadijah who is fifteen years older than him and still has
family relationship with him. Khadijah interested with Muhammad
because he was a noble, honest and reliable person.
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THE REVELATION OF ISLAM
a.
b.
Allah SWT made a revelation to Muhammad
when he was 40 years old at the cave called
Hira’ in 610 M. At that time he was become
God’s prophet and three years later Jibril
brought order from Allah SWT to disseminate
the revelation for all mankind.
At 27th of Rajab he was doing isra’ and mi’raj.
Isra’ means a night trip from Masjidil Haram in
Mekkah to Masjidil Aqsa in Yerussalam
(Palestine) and mi’raj means get up to the sky
until to the Sidrat al-Muntaha with the very
fast transportation called Bouraq. In that
occasion Muhammad received the order from
Allah SWT to pray five times a day and night.
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c.
d.
e.
By Allah SWT guidance, Muhammad moved or
hijrah from Makkah to Yathrib which later, the
city’s name changed into “Madinat al-Nabi”
which means the city of prophet.
Michael H Hart in his book called “ The 100, a
Ranking of the Most Influential Persons in
History” placed Muhammad (pbuh) as the top
one of one hundred famous person in human
history.
Philip K. Hitti called Islam as “ a Way of Life”
becouse the teaching that Muhammad (pbuh)
brought consists of relligion, politic and
culture.
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Muhammad and The Qur’an
a.
b.
c.
d.
e.
Muhammad in The Qur’an.
The best methode to understand Qur’an is by using the Authentic way,
that is to compare directly between the related verses of the Qur’an on
one issue.
Abdul Wahab Khallaf had clasified the verses of the Qur’an based on the
“madhu’i or the Thematic methode and interpret the Qur’anic verses with
the sunnah.
Based on the place of revelation, the Qur’anic verses has differences
between the verses that revealed in Makkah (Ayatul-Makiyyah) and the
verses that revealed in Madinah (Ayatul- Madaniyyah).
There is a asbabub nuzul (causes of the issue of a verse), for example :
(1) the Mursid Ghanawi event, (2) the case of Sa’ad bin Rabi’s widow,
and (3) QS An-Nisaa’ verse 176.
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The Comparison between Makiyyah and Madaniyyah Verses
If you look and compare the verse that came down in the Quran revealed in Makkah
and the Quran verses that came down in Madinah, it is easy to distinguish between
these verses. The characteristics of these verses are as follows:
1.The verses revealed in Makkah is preceded by "ya ayyuhan nas" which means
"hai, manusia" in Indonesian, while the verses revealed in Medinah is preceded by
the word "ya ayyuhal lazi na amanu" which means (hai orang yang beriman) or "O
people who believe”.
2. The verses that came down in Makkah is located at the near end of the Quran,
while the verses revealed in Madinah is located on the front of the Quran
3. The verses that were revealed in Makkah have short sentences, filled with
poems, with a very strong word of rhythms, while the verses shown in Madinah
have long sentences and its language calm, contained in the legal language.
4. The verse that was revealed in Makkah typically contains about faith, the
oneness of God, the Day of Judgment and morals, whereas the verse that was
revealed in Madinah is in general about legal, political, and other social questions.
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Asbabun Nuzul

Thus, by using the Quran and Sunnah, every
problem that arises can be overcome by Prophet
Muhammad. If you look at the verses in Madinah
(ayatul Madaniyyah), we can see that its
revelation may be because there is a particular
problem, which asked for the answer to the
prophet. This is called “Asbabun Nuzul”. The
important to understand the meaning contained
in a verse, makes people have tried to create a
guidance book about the asbabun nuzul.
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Example of Asbabun Nuzul
Cases

The Event of Mursid Ghanawi
 Mursid Ghanawi is a messenger of Prophet
Muhammad from Madinah to Makkah. When he
reached the city, a beautiful and rich woman
proposed to him. Mursid thought over his
decisions because he wasn’t sure if the woman
hold the Islamic religion. When he came back to
Madinah he asked the prophet. From this the
letter of 2 (Al-Baqarah) verse 221 is revealed.
Which became a fundamental law for interreligious marriages during 1973 in Indonesia.
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Example 2
The Case of the Sa’ad bin Rabi’ Widow
 The widow of Sa’ad bin Rabi’ has 2 children
both female. According to the customs of Arab, if
a man dies and leaves behind his wife and
female offspring’s, they would not be able to
receive any of the inheritance left by the
husband/father. The Sa’ad widow told her
circumstance to the prophet and thus came the
verse about inheritance. The main message of
this verse is: Give 2 / 3 to the child's heritage
with their children, 1 / 8 for his widow and the
rest given to his brother.

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Example 2 cont…

This verse is part of the other verses about
inheritance that is now found in the Surah of "alNisa '. With the revelation of this verse, the
position was changed between the widow and
daughter in the division of inheritance husband
or father. The women who so far have only has
liability are now in the balance with the right
family now she got from her husband or father's
legacy. By stating these two examples
mentioned above, we could see how the
process of those verses became the current law
verses that forms the basic foundation of
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marriage and inheritance
law of Islam.
The Creation of Sunnah

As an example of law related verses that
gives answers to the questions raised by
someone to Prophet Muhammad, it can be
made from the Surah "al-Nisa ', which
says that apart from having relations to
solve problems arising in society, he can
also decide to do something based on his
opinion related with the Sunnah, which
now have been recorded in the book of
Hadis.
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