The Importance of 'llm al Khilaf to North America

Abstract

'llm al khilaf is a science which deals with the Islamically sound arguments
used by Muslim jurists (fuqaha') to reach their various legal opinions. As
such, it can also be known as comparative Islamic law. Historically, the various
madhahib of Islam shared and benefitted from this science, and there is no
reason why we also cannot benefit from it.
We know that there were differences of opinion and practice even during
the time of the Prophet Muhammad, for his Companions did not view
everything the same way. This state of affairs naturally continued after the
Prophet’s death. The suhuf ascribed to some of the Companions and the
infixmation given in the relevant biographical literature were studied for details.
The fiqh-related issues debated by the Companions increased in number and
complexity during the time of the Successors (Tabi’un), when the development
of Islamic jurisprudence was just getting started.
The judicial and juristic opinions expressed in Majmu ‘al Fiqh by Zayd
ibn ‘Ali (d. l22/740), in al Muwatta’ by Imam Malik (d. 179/795), by
Muhammad ibn al Hasan al Shaybani (d. 189/805) which he ascribed.to his
master Abu Hanifah, and by Abu Yusuf Ya‘qub (d. 182/769), especially in
his Kitiib al Kharaj, a1 Radd ala Siyar al Awza'i, and Ikhtilaf Abi Hanifah
wa Ibn Abi Layla may be cited here as the first scholarly sources of ‘ilm
al khilaf. The related literature on differences between thefuqahii’ is full
of points which may be studied for further information.
With the spread of Islam and the incorporation of many non-Muslim
subjects into its domains, new legal questions were raised. The resulting
decisions led to the profound and scholarly development of Ilm al khilaf
and the establishment of the methodological principles of Islamic law in several
branches. However, it was not until the beginning of the fifth hijri century
that comparative Islamic law was scientifically established as an independent
branch of Islamic law by Abu Zayd ‘Abd Allah ibn ‘Umar ibn ‘Isa ...