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The consolidation of fiqhi discussions within the framework of a science and its evolution into a vast and complex system of thought took place during the days of the third generation of the Successors. The groundwork for this development was laid by the modernists of the previous generation who had come to be known as the Partisans of Ara’ayt. Their objective was to establish a system of fiqh based on a logical nexus of issues which was capable of responding to any possible questions. Though the Partisans of Ara’ayt were rejected by all fiqhi circles of the second generation of Successors, the historical and social conditions of the next generation propelled them into a position of prominence where they took charge of the fiqhi circles and schools, especially those of Kufah and Basra. Qasim b. `Abd al-Rahman, a Kufan faqih of the second generation of the Successors whose engagement in judicial matters may have brought him face to face with a range of insoluble issues, encouraged his Ara’ayt pupil Muharib b. Dathar to inbisat (expansion, i.e. judicial activeness). Among the prominent representatives of this movement were Hamad b. Abi Sulayman in Kufah and `Ata’ b. Abi Rabah in Mecca.

In the first half of the 2nd century AH, fiqh moved from its elementary to its taqdiri phase, a rapid development which was accompanied by the wider use of personal reasoning and unorthodox methods of ijtihad. This, in turn, resulted in an escalation of fiqhi differences of view, with disruptive effects on the legal process. In around the same period, Ibn Muqaffa`, the renowned Iranian scholar (d. 142 AH), in a treatise dedicated to the `Abbasid caliph Mansur underscored the urgency of the chaos afflicting the legal process and encouraged him to initiate efforts aimed at codification of rules to be followed on a wide scale. The codification of legal and religious rules suggested by Ibn Muqaffa` did not see the light of day, perhaps owing to the existence of a wide spectrum of diverging orientations and social conditions in the numerous constituent societies of the Islamic world. None the less, the science of fiqh continued unabated in its progress from its taqdiri phase to ultimate systematization, a development which was, for the most part, culminated by the middle part of the 2nd century AH.

source: Pakatchi , Ahmad "Islam Entry" The Great Islamic Encyclopedia. Ed. Kazem Musavi Bojnourdi.Tehran: The Center of Great Islamic Encyclopaedia , 1989-, V.8 ,pp. 442

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