Book Review: Tarikh al-Fiqh al-Islamiy by Ali
Sais
Title of the book: تاريخ الفقه الإسلامي (Tarikh al-Fiqh al-Islamiy/ The History of Islamic Fiqh)
Author :
Ali Sais (Lecturer at al-Azhar University, Egypt)
Pages :
160 pages
Publisher : Dar al-Kutub Ilmiah: Beirut, Lebanon
Link to Download: https://archive.org/details/Tarekh_alfeqh_sayes
Historical
approach is one the most important approach in every study including in Islamic
theology and Islamic law in particular. With it, we can observe what happened
in the past and trying to understand the reason behind the law. One of the
examples of the of importance is when we learn about asbab nuzul and asbab
wurud. In the study of Quran we know the term of asbab nuzul (the
reason and the story behind the emergence of a verse of Quran) and in study of
hadits we know the term asbab wurud (the reason and the story behind the
emergence of a hadith), which both are the way of scholars to understand the
text trough historical approach. In some cases, both has become the reason several
laws exist, which make Islamic scholar made the qaidah (principle of law) such
as:
الحكم يدور مع العلة وجودا وعدما
"Al-hukmu
yaduuru ma'a al-'‘illati wujudan wa 'adaman"
The existence of law depends on
the existence of causes. If the cause exist so does the law, and If it doesn’t
exist, the law also doesn’t exist.
Seeing the
important of historical approach, in this book, Syekh Ali Sais tried to give an
introduction regarding the history of Islamic law, from how it was started, its
evolution, the madzhab (sect/ Islamic school of taught) in Islam, source of the
law, the difference between Islamic law (divine law) and man-made law, and also
the figures who playing role. There are 160 pages of the book including the
book cover. This book is worth reading for scholars who tried to understand
Islamic law history. Not only that, but for the beginner in Arabic language
this book can help to improve both academically and their language.
If we read the
table of contents (which is put in the last page), we can easily understand (or
even have a half understanding) of what inside the book. To sum up, the writer
gave us 7 chapter which are an introduction of Tarikh tasyri’ and 6 (six)
chapters discussing 6 period of time in the history of Islamic law.
In the first
chapter, the writer writes about the introduction of tarikh tasyri’ (the
history of making and applying Islamic law/ fiqh). It is containing the meaning
of tasyri’, the need of the tasyri’, the differentiate between the
divine law and man-made law (tasyri’ samawi and tasyri’ wadh’i),
and also mentioned the superiority of divine law (fiqh) than man-made
law.
In the second
until seventh chapters the writer trying to explain this book historically by
dividing Islamic law’s era into 6 (six) period of time, which are:
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