My notes on Fiqh

Alfasi explained in his work "al fikr as-sani" that there were 4 periods of fiqh:
1. At the period of revelation
The Companions had direct access to the sources:Quran and Sunnah (The Prophets SAW words, deeds, and aproval)
2. After the prophet SAW
The companions gave fatwa based on what they learned during the period of revelation. A new source developed--> Ijma'a (this could only happen after the prophet SAW had passed away). This was also the case with Qiyas which developed in the second shape.
3. The period of Tabi'un
Different school is developing in the ummah. Imam malik, imam abu hanifah, etc. All of them had different methodology (example, Imam Malik's methodology was 'amal ahl al-medina, also masalah al-mursala when there is great benefit for the society in the absence of text (istihsan, the proof for masalah al-mursala is the collecting of the Quran in a mushaf). Imam Malik also took Sadda' ddaraya (e.g not cursing others God) also Alloh SWT forbid women from shaking their jewlery.
4. Taqlid Period, repetition of the earlier generations (e.g non creative).

In short there are 4 phases:
1. Period of revelation
2. Period of gathering
3. Period of fiqh
4. Repetition of the earlier generations (non creative), mastering their opinions.

3 Reasons why the 4 Imams could interpret hadiths differently:
1. The differ on the chain (isnad)of a hadith
2. Difference of interpretation of the meaning of hadith
3. That the hadith were abrogated