The school of Ahlul-Rai
Fatwa No: 88109

Question

I read the history of evolution of Fiqh in English. I would like to know how the Ahlul-Rai judged according to Shariah...I read that Ahlul-Hadith considered Qur'an and Hadith to be the source of Islamic law. What sources did the Ahlul-Rai considered to be the source of Islamic law? Thanks.

Answer

Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.

The Islamic Fiqh had two known schools during its third phase of evolution: The school of Hadith and the school of Ahl Al-Rai (people of opinion), the former in Hijaz, while the latter in Iraq. Both schools agree on the general fundamentals from which the Shariah rulings are deduced. Such fundamentals are Qur'an, Sunnah, Ijmaa and Qiyas.

The scholars of the school of Rai were more famous for their opinions based on comparison and contrast than the other scholars. Hence, they set principles and established rules which they considered as comprehensive rules deduced from general texts and from Shariah aims. So, these scholars do not accept the Hadith that clearly contradicts such principles and rules. Among these rules is: "The action of the companion of the Prophet (Sallallahu Alaihi wa Sallam) is given priority over his words (if he narrated something contradicting it)'. But it is doubtless that the aim of the scholars of this school is to follow a method of scrutiny and accuracy and not to go against the text of Qur'an and authentic Sunnah nor to innovate new sources of legislation.

Allah knows best.

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