THE FORMATION OF THE SCHOOL OF FIQH IN TRANSOXIANA AND ITS REPRESENTATIVES

American Jurnal Of Advanced Scientific Research | ISSN 21951381 | Volume – 8 | October-2025 AMERICAN JURNAL OF ADVANCED SCIENTIFIC RESEARCH ISSN 2195-1381 Volume8 October 2025 22025 http://ijarer.org/index.php/ij/index# 67 THE FORMATION OF THE SCHOOL OF FIQH IN TRANSOXIANA AND ITS REPRESENTATIVES Makhamadkhodjaev Bakhromkhodja, International Islamic Academy of Uzbekistan, Senior Lecturer, Al-Azhar Department of Arabic Language and Literature Abstract. This article analyzes the historical stages, specific features, and development factors of the Hanafi school of fiqh that formed and flourished in Transoxiana from the end of the 8th century. The research reveals the school's periods of formation, dynamic development, and gradual decline. It also explains the reasons for its dominance in the region, particularly its moderation, tolerance, adaptability to local customs, and the significance of the principle of istihsan (juristic preference). Furthermore, the contributions of the school's prominent representatives, such as Abu Hafs al-Kabir, al-Halwani, al-Sarakhsi, and al-Marghinani, to the development of Islamic jurisprudence are highlighted. Keywords: Transoxiana, school of fiqh, Hanafi madhhab, Bukhara, Samarkand, Imam A'zam, istihsan, furu' al-fiqh, usul al-din, al-Halwani, alMarghinani. INTRODUCTION At the end of the 8th and the beginning of the 9th centuries, the Hanafi school of Sunni Islam began to spread widely in Transoxiana. In major scholarly centers such as Bukhara and Samarkand, a distinct Transoxianan school of fiqh (Islamic jurisprudence) was established based on the teachings of this madhhab. The jurists (fuqahā') of the region gained great fame throughout the Islamic world for their profound knowledge, meticulously developed legal principles, and valuable works. Their influence on the ruling circles and the general populace was so strong that all problematic issues encountered in religious and social life were resolved through them. Because the science of fiqh encompasses all aspects of individual, family, and American Jurnal Of Advanced Scientific Research | ISSN 21951381 | Volume – 8 | October-2025 AMERICAN JURNAL OF ADVANCED SCIENTIFIC RESEARCH ISSN 2195-1381 Volume8 October 2025 22025 http://ijarer.org/index.php/ij/index# 68 societal life, the representatives of the Transoxianan school fulfilled the important task of analyzing the traditions and customs of the local peoples based on universal Islamic criteria. The purpose of this article is to illuminate the history of the Transoxianan school of fiqh's emergence, its stages of development, its specific features, and the activities of its prominent representatives. MAIN PART 1. The Historical Periods of the Transoxiana School of Fiqh. The Islamic scholar A. Muminov divides the history of the Transoxiana school of fiqh into three main periods based on its specific characteristics: Formation Period (8th-10th centuries): During this period, the first scholarly centers based on Hanafism emerged in the major cities of Transoxiana under the strong influence of the central regions of the Abbasid Caliphate, particularly the schools of Iraq and Khorasan. The formation of the Bukhara school of fiqh is directly linked to the founders of the Hanafi madhhab. The great jurist who founded it, Abu Hafs Ahmad ibn Hafs al-Kabir al-Bukhari (767-832 AD), studied in Baghdad under Imam Muhammad alShaybani, one of the most famous students of Imam A'zam (Abu Hanifa). He returned to his homeland, spread the pure teachings of Hanafi fiqh in Bukhara, and created a strong scholarly environment. Due to his services, Bukhara earned the honorable title of "Qubbat al-Islam" ("The Dome of Islam"). Meanwhile, in the formation of the Samarqand scholarly center, the jurists of Balkh—another major center in Khorasan—played a significant role, particularly scholars such as Abu Sulayman al-Juzjani and Ibn Sama'a. During this period, a distinct "scholarly specialization" emerged between the two centers. While the jurists of Bukhara focused mainly on the practical issues of jurisprudence, namely furūʿ al-fiqh (the branches of fiqh), the scholars of Samarkand dedicated their activities to matters of theology and legal theory—uṣūl al-dīn(principles of religion) and uṣūl al-fiqh (principles of jurisprudence). This specialization later created the groundwork for the emergence of American Jurnal Of Advanced Scientific Research | ISSN 21951381 | Volume – 8 | October-2025 AMERICAN JURNAL OF ADVANCED SCIENTIFIC RESEARCH ISSN 2195-1381 Volume8 October 2025 22025 http://ijarer.org/index.php/ij/index# 69 great kalam scholars like Imam al-Maturidi from the land of Samarkand. Thus, the formation period served as a solid foundation for the subsequent "golden age" of the Transoxiana school of fiqh. The Period of Dynamic Development (11th to early 13th centuries): During this stage, which coincided with the Qarakhanid era, the Transoxiana school of fiqh experienced its "golden age" and reached its peak of development. Several important factors contributed to this rise. First and foremost, the ruling Qarakhanid dynasty relied on the Hanafi school in its religious policy and provided great patronage to scholars. As a result, the madrasas in cities like Bukhara and Samarkand became true academies of jurisprudence. According to the research of the Turkish scholar Yusuf Ziya Kavakcı, nearly three hundred jurists (fuqahā') emerged during this period, and more than three hundred and fifty works on fiqh were written, 98 percent of which were related to Hanafi fiqh. It was precisely during this era that the most prominent figures of the Transoxiana school of fiqh emerged. These include great jurists such as Shams alA'imma al-Halwani, who systematized the knowledge of his predecessors; Shams al-A'imma al-Sarakhsi, who developed his traditions and authored the famous 30volume work al-Mabsūṭ; and Burhan al-Din al-Marghinani, the author of al-Hidāya, which became the primary reference for Hanafi fiqh throughout the Islamic world. The fundamental works, fatwa collections, and commentaries they created perfected the theoretical foundations of the Hanafi madhhab and served to address all matters of practical life. Thus, during this period, Transoxiana truly became the strongest "fortress" of the Hanafi madhhab, not only regionally but throughout the entire Islamic world. The Period of Gradual Decline (Early 13th - 14th Century). The "golden age" of the Transoxianan school of fiqh, which had flourished for centuries, came to an end in the early 13th century with the Mongol invasion led by Genghis Khan. The invasion and the subsequent political instability had a profound and long-lasting negative impact on the region's scholarly environment, causing a sharp decline in the development of the school of fiqh. There were several main reasons for this: American Jurnal Of Advanced Scientific Research | ISSN 21951381 | Volume – 8 | October-2025 AMERICAN JURNAL OF ADVANCED SCIENTIFIC RESEARCH ISSN 2195-1381 Volume8 October 2025 22025 http://ijarer.org/index.php/ij/index# 70 Destruction of Scholarly Centers: During the Mongol invasion, the region's largest scientific and cultural centers, such as Bukhara, Samarkand, Otrar, and Urgench, were completely destroyed. Libraries rich with priceless manuscripts and madrasahs that had produced thousands of scholars over centuries were burned down. This was a devastating blow to the scholarly infrastructure. Annihilation of the Intellectual Gene Pool: During the invasion, thousands of ulema, teachers (mudarris), and jurists (faqihs) were executed. Those who survived were forced to abandon their homeland and flee to safer regions like India, Egypt, and Syria. This situation nearly wiped out the region's intellectual potential and led to the disruption of the master-disciple tradition. Economic Decline and the Collapse of the Waqf System: Constant wars and political instability disrupted trade routes, while agriculture and craftsmanship fell into decline. This, in turn, led to the collapse of the waqf system, which was the primary financial source for madrasahs and scholars. Economic dependency made the continuation of scholarly activities almost impossible. Change in the Legal System: As the early Mongol rulers were not Muslims, they relied on Genghis Khan's "Great Yasa" for state administration instead of Sharia law. This situation drastically reduced the practical significance of the science of fiqh and undermined the status of jurists (faqihs) in society. As a result, during this period, creative thinking and new ijtihad within the Transoxianan school of fiqh were replaced by an effort to simply preserve existing knowledge through writing commentaries (sharh) and abridgments (mukhtasar) on the works of earlier scholars. Although some scholars did emerge during this time, the overall vibrancy and institutional support of the scholarly environment were lost. It was only in the second half of the 14th century, thanks to the political stability and patronage of science under the rule of Amir Timur, that the Transoxianan school of fiqh began to gradually revive. 2. Why Transoxiana Became the "Fortress" of the Hanafi School. The widespread dissemination of the Hanafi madhhab in Transoxiana and its prevalence over other schools of law were linked to several important factors. The principles American Jurnal Of Advanced Scientific Research | ISSN 21951381 | Volume – 8 | October-2025 AMERICAN JURNAL OF ADVANCED SCIENTIFIC RESEARCH ISSN 2195-1381 Volume8 October 2025 22025 http://ijarer.org/index.php/ij/index# 71 developed by the school's founder, Imam A'zam Abu Hanifa Nu'man ibn Thabit (699-767), were distinguished by their moderation and tolerance. Adaptability to Local Customs: The Hanafi school demonstrated flexibility and adaptability towards the millennia-old customs of various peoples who converted to Islam, especially non-Arab Muslims. This paved the way for its easy acceptance by the indigenous population of Central Asia, including the Turkic peoples. The Principle of Istihsan: The principle of istihsan (juristic preference), developed by Abu Hanifa and his followers, made it possible to avoid dogmatic literalism when making a decision on a specific issue, allowing for the selection of the most beneficial and convenient solution for society. Political Support: During the Abbasid and Ottoman caliphates, as well as in the empires of Amir Timur and the Baburids, matters related to religion were administered based on the principles of the Hanafi school. This led to its consolidation as the official madhhab. Continuous Ijtihad: Although the "gates of ijtihad" (independent legal reasoning) were declared closed in the mid-9th century, the nature and flexibility of the Hanafi school ensured that the process of issuing legal rulings in response to changing life necessities did not, in practice, cease. 3. Prominent Figures of the School. Hundreds of distinguished jurists (fuqahā') from our region made immense contributions to the development of the Transoxiana school of fiqh. Among them were even dynasties of jurists that continued for several generations. Some of the most famous representatives are as follows: Shams al-A'imma al-Halwani (d. 1057/58 CE): A great jurist who was the first during the Qarakhanid era to be honored with the title "Sun of the Imams". Abu Bakr Muhammad al-Sarakhsi (d. 1093/94 CE): The author of the famous 30-volume work, al-Mabsut. Abu'l-Yusr al-Bazdawi (1031-1100 CE): A major scholar of Hanafi fiqh and the science of kalam (theology). American Jurnal Of Advanced Scientific Research | ISSN 21951381 | Volume – 8 | October-2025 AMERICAN JURNAL OF ADVANCED SCIENTIFIC RESEARCH ISSN 2195-1381 Volume8 October 2025 22025 http://ijarer.org/index.php/ij/index# 72 Burhan al-Din al-Marghinani (1123-1197 CE): The author of al-Hidayah, a work considered a foundational manual of Hanafi fiqh throughout the Islamic world. The Ibn Maza Mahmud Family: A dynasty of jurists who held high positions in Bukhara with the hereditary title of "sadr" from the 11th century until the Mongol period. CONCLUSION The Transoxiana school of fiqh is a unique scholarly-legal phenomenon that emerged in the 8th-9th centuries and reached its zenith in the 11th-13th centuries. Its success was based on factors such as the moderation of the Hanafi madhhab, the principle of istihsan (juristic preference), its tolerance towards local customs, and political support. Great representatives who emerged from this school, such as alHalwani, al-Sarakhsi, and al-Marghinani, made an invaluable contribution to the development of jurisprudence not only in the region but in the entire Islamic world. Their legacy has not lost its relevance to this day and is worthy of profound study. REFERENCES: 1. Komilov, M. The Development of Fiqh in Transoxiana and the Jurist Alouddin as-Samarqandi. – Tashkent: Istiqlol, 2006. 2. Scholarly-Analytical Bulletin of Tashkent Islamic University. – 2004, No. 3. 3. Scholarly-Analytical Bulletin of Tashkent Islamic University. – 2006, No. 2. 4. Usmonov, M.A. (ed.). Islam: A Handbook. – Tashkent: Uzbek Soviet Encyclopedia Main Editorial Office, 1986. 5. Hasanov, A. Qomus.info. Online Encyclopedia. 6. Al-Laknawi, Muhammad 'Abd al-Hayy. Al-Fawa'id al-Bahiyya fi Tarajim alHanafiyya (The Brilliant Benefits in the Biographies of the Hanafis). – Kazan: Imperial University, 1903.