Schools of Muslim Laws

 

Schools of Muslim Laws

Shia and Sunni division

After the death of Prophet Muhammad, there was a disagreement among his followers about how to choose his successor.

The Sunni sect emerged with the belief that the successor should be elected, and they chose Abu Bakr as the first Caliph. Sunni Muslims support the election method, citing that Prophet Muhammad had suggested that his successor would be chosen through a consensus or election.

On the other hand, the Shia sect believed that the succession should be based on a line of familial succession, starting with Ali, who was not only a cousin of the Prophet but also his son-in-law, being married to Fatima, the Prophet's daughter. The Shia sect declared Ali as the first Imam, emphasizing the importance of blood ties in leadership succession.

This historical event marked the beginning of the Sunni-Shia split, and the differences in beliefs regarding leadership succession have continued to shape the distinct identities and practices of these two major branches of Islam.

 

Schools under Muslim Law

In Islam, the people have been divided into two sects having different views regarding certain aspects of Islam. Thus, the schools of Muslim law can be broadly classified into two categories:

1.     Sunni Schools

2.     Shia Schools

Sunni Schools

There are 4 different schools under the Sunni sect. These schools are based largely on the same principles and differ only on minor aspects. There are 4 sources of Muslim law.

These schools share fundamental principles and are rooted in the same sources of Muslim law. The four primary sources are:

Quran: The holy book of Islam, believed by Muslims to be the literal word of God as revealed to Prophet Muhammad.

Ijma (Consensus): Consensus among scholars or the Muslim community on a particular legal issue. It is considered an important source of law when there is agreement.

Sunna (Traditions and Practices of the Prophet): The actions, sayings, and approvals of Prophet Muhammad. Sunna provides guidance on various aspects of life and is an essential source for understanding Islamic law.

Qiyas (Analogy): The process of reasoning by analogy. When a new issue arises that is not explicitly addressed in the Quran or Sunna, jurists use analogy to derive legal rulings based on similar situations.

The four Sunni schools of thought, also known as Madhabs, are:

A. Hanafi School: Founded by Abu Hanifa, this school is the oldest and most widespread. It emphasizes reasoning and opinion, with a preference for Qiyas over other sources.

B. Maliki School: Founded by Malik ibn Anas, this school is prevalent in North and West Africa. It places a strong emphasis on the customs and practices of the people of Medina and relies heavily on the Quran and Hadith.

C. Shafi'i School: Founded by Imam Shafi'i, this school is followed primarily in East Africa, Southeast Asia, and parts of the Arabian Peninsula. It places a strong emphasis on the Quran, Hadith, and Ijma.

D. Hanbali School: Founded by Ahmad ibn Hanbal, this school is more conservative and relies heavily on the literal interpretation of the Quran and Hadith. It is followed mainly in Saudi Arabia and some parts of the Arabian Peninsula.

While these schools share common foundational principles, variations in legal interpretations and practices arise due to the different degrees of emphasis placed on the four sources of Islamic law within each school.

 

In Sunni sect, there are four major schools of Muslim law which are as follows;

A.    Hanafi School

Hanafi School is the first and the most popular schools in Muslim law.

Origin and Name Change: The Hanafi School, initially known as the Kufa School, was later named after its founder Abu Hanifa. The school gained prominence and popularity, becoming the most widespread among the four Sunni schools of thought.

Reliance on Custom and Precedent: Due to the Prophet Muhammad's prohibition of writing down his words and traditions, the Hanafi School relied on the customs and decisions of the Muslim community. It codified prevalent precedents during its formative years.

Founders and Development: Abu Hanifa, the founder of the school, did not write down the rules of the school. Instead, the school's development continued through his two disciples, Imam Muhammad and Imam Abu Yusuf, who played significant roles in codifying jurisprudential principles.

Geographical Spread: The Hanafi School became widely spread across various territories, with a significant following in countries such as India, Pakistan, Syria, and Turkey. In India, the majority of Muslims belong to the Hanafi School.

Legal Texts: The Hedaya, authored by Ali bin Abu Bakr al-Marghinani, is considered the most important and authoritative book in the Hanafi School. It covers various legal aspects, excluding the law of inheritance. The Sirajiyya, specifically addressing Hanafi Law of Inheritance, is also recognized as an authoritative text.

Maintenance of Parents: Under the Hanafi School, children are obligated to maintain their parents. In cases of indigent circumstances, parents have the right to claim maintenance from their children. Similarly, grandparents can seek maintenance from their grandchildren. Notably, the mother holds a better title than the father when it comes to claiming maintenance from the children.

 

B.  Maliki School

This school gets its name from Malik-bin-Anas, he was the Mufti of Madeena.  During his period the Khoofa was considered as the capital of Muslim Khaleefa where Imam Abu Haneefa and his disciples flourished with Hanafi Schools. He discovered about 8000 traditions of Prophet but complied only about 2000 of them.  When the disciples of Imam Abu Haneefa codified their law based on Ijma’a and Isthihsan.

Maliki School of Islamic jurisprudence emphasis on Sunna and Hadith, as well as some of its distinctive characteristics:

Emphasis on Sunna and Hadith: The Maliki School gives significant importance to the Sunna (traditions) and Hadith (sayings and actions of Prophet Muhammad) as sources of Islamic law. This emphasis on the primary sources of Islamic teachings helps shape the legal principles within the Maliki School.

Limited Acceptance of Ijma’a: Unlike some other schools, particularly the Hanafi School, the Maliki School is known for rarely accepting Ijma’a (consensus) as a source of Islamic law.

Challenges to Authority: Individuals giving fatwas challenging the sovereign authority of the Khaleefa (Caliph) faced enmity and a lack of support from Muslim governments, impacting the popularity of the Maliki School.

Influence in the Dissolution of Muslim Marriage Act 1939: While there are no significant followers of the Maliki School in India, some provisions of this school were considered in the Dissolution of Muslim Marriage Act 1939. Notably, the Maliki School's provisions in this context were acknowledged for giving more rights to women than other schools.

Dissolution of Marriage Differences: You highlighted a specific difference between the Hanafi and Maliki Schools regarding the waiting period for the dissolution of marriage. In the Maliki School, women may have to wait for a shorter period (2 years) compared to the Hanafi School (7 years) when there is no news of the husband.

Muwatta of Imam Malik: The Muwatta of Imam Malik is considered the most authoritative book of the Maliki School. It is recognized as the first book written on Hadith in Islam and holds significant authority among Muslims worldwide.

Emphasis on Traditions: Unlike the Hanafi School, the Maliki School places a strong emphasis on traditions, considering them the most important source of law. This underscores the significance of following the practices and customs that have evolved within the Muslim community.

 

C. Shaffie School

Founder and Background: The Shafi'i School is named after its founder, Muhammad bin Idris Shafi'i, who lived between 767 AD and 820 AD. He was a student of Imam Malik in Medina and later worked with the disciples of Imam Abu Hanifa in Kufa. Shafi'i is regarded as one of the greatest jurists in Islam.

Integration of Ideas: Shafi'i is known for integrating ideas and theories from both the Hanafi and Maliki Schools in a harmonious manner. This reflects a comprehensive approach to Islamic jurisprudence.

Islamic Jurisprudence Theory: Shafi'i is credited with creating the classical theory of Shafi'i Islamic Jurisprudence. The Shafi'i School considers Ijma'a (consensus) as an important source of Muslim law and gives validity to the customs of the Islamic people. It also incorporates methods from the Hanafi School.

Main Contribution - Qiyas or Analogy: The Shafi'i School's primary contribution lies in the use of Qiyas, or analogy, as a method of reasoning in legal matters.

Authoritative Texts: The Al-Risala of Imam Shafi'i is considered the only authoritative book of Islamic Jurisprudence in the Shafi'i School. This book discusses and interprets various sources of law, including Ijma'a, Qiyas, Ijthihad (personal reasoning), Istihsan (juristic preference), and Ikhthilaf (disagreement). Another influential text is Al-Umm, which serves as an authority on Fiqh (science of way of life).

Geographical Spread: The followers of the Shafi'i School are spread across regions such as Egypt, Southern Arabia, South East Asia, Indonesia, and Malaysia.

D. Hanbali School

Founder and Background: Ahmad bin Hanbal is the founder of the Hanbali School, establishing it in the year 241 (AD 855). He was born in Baghdad and is known for his significant contributions to Islamic jurisprudence.

Disciple of Imam Shafi'i: Ahmad bin Hanbal was a disciple of Imam Shafi'i and strongly supported the importance of Hadith (sayings and actions of Prophet Muhammad) in Islamic teachings.

Opposition to Ijthihad Methods: Ahmad bin Hanbal was known for his strong opposition to Ijthihad methods, advocating a more conservative approach to Islamic jurisprudence.

Theory of Tracing the Root of Sunna and Hadith: He introduced the theory of tracing the root of Sunna and Hadith, emphasizing the importance of returning to the practices and sayings of the Prophet Muhammad for answers to legal questions.

Recognition by Imam Shafi'i: When Imam Shafi'i left for Baghdad, he declared Ahmad bin Hanbal as the only one after him who was a better jurist. This recognition underscores Ahmad bin Hanbal's standing in the field of Islamic jurisprudence.

Geographical Presence: The followers of the Hanbali School are found in regions such as Syria, Palestine, and Saudi Arabia.

Imam Abu Abdullah Ahmed-Ibn-Hanbal: Ahmad bin Hanbal, also known as Imam Abu Abdullah Ahmed-Ibn-Hanbal, was a rigid traditionalist who accorded utmost importance to traditions. Despite his rigid reliance on traditions, he interpreted them in a liberal manner.

 

Shia Schools

As per Shia Sect, there are three schools of law. Shia Sect is considered as the minority in the Muslim world. They enjoy the political power only in Iran though they don’t have the majority in that state also.

A. Ithna-Asharis

Basis of Ithna-Ashari Laws: The Ithna-Ashari School is based on the following of Ithna-Ashari laws. This Shia branch is characterized by its belief in the leadership of the Twelve Imams, starting with Ali ibn Abi Talib and ending with Imam al-Mahdi, who is believed to be in occultation and will return as the Messiah.

Geographical Distribution: Followers of the Ithna-Ashari School are predominantly found in Iraq and Iran. In India, the majority of Shia Muslims adhere to the principles of the Ithna-Ashari School.

Political Quietists: The followers of the Ithna-Ashari School are often described as political quietists, meaning they generally avoid direct involvement in political matters and focus on religious and spiritual aspects.

Dominance among Shia Muslims: The Ithna-Ashari School is considered the most dominant school among Shia Muslims globally. It represents a significant portion of the Shia Muslim population.

Similarities with Sunni Madhahib: The Ja'fari fiqh (jurisprudence) of the Ithna-Asharis is noted to be, in many cases, indistinguishable from one or more of the four Sunni madhahib (schools of thought). However, one notable difference is the acceptance of mutah (temporary marriage) as lawful within the Ithna-Ashari School.

Belief in the Hidden Imam: Followers of the Ithna-Ashari School believe in the concept of the Hidden Imam, Imam al-Mahdi, who is believed to have disappeared and is expected to return as the Messiah (Mehdi).

 

B. The Ismailis

According to Ismailis school, in India there are two groups, the Khojas or Western Ismailis represents the followers of the present Aga Khan, who they considered as the 49th Imam in this line of Prophet, and the Bohoras i.e. the Western Ismailis are divided into Daudis and Sulaymanis.

The Bohoras and Khojas of Mumbai are considered as the followers of this school. It is considered that the follower of these schools has special knowledge of religious doctrine.

C.  Zaidy

The followers of this school are not found in India but are maximum in number in South Arabia. This sect. of the shia school is the most dominant among all in Yemen. The followers of these schools are considered as political activism. They often reject the twelver shia school philosophies.

Other schools

Besides the schools under Shia and Sunni sects, there are some other schools which are also present which are:

Ibadi School

The Ibadi School, is a distinct Islamic school of thought that is neither part of the Shia nor Sunni sects.

Historical Roots: The Ibadi School claims its history traces back to the times of the 4th Caliph, Ali ibn Abi Talib.

Preference for the Quran: The Ibadi School gives more preference to the Quran, the holy book of Islam, in comparison to the Sunna (sayings and actions of Prophet Muhammad).

Followers in Oman: The Ibadi School has its followers primarily in Oman, indicating a regional concentration of this Islamic school.

Emphasis on Ijtihad: One of the distinguishing features of the Ibadi School is its emphasis on Ijtihad, which refers to personal reasoning and independent judgment in interpreting Islamic law. This approach has been partially accepted by Sunni Muslims but completely rejected by Shia Muslims.

Ahmadiya School

The Ahmadiya School, a religious movement with distinctive beliefs that differentiate it from mainstream Islam. Here are the key points highlighted in your description:

Origin and Founder: The Ahmadiya School has a recent origin and traces back to the 19th century.

Founded by Mirza Ghulam Ahmad, who lived in the 19th century in Khadiyan village, Punjab, India.

Claim to Islam: Followers of the Ahmadiya School claim to be Muslims.

They do not follow Prophet Muhammad in the same way as mainstream Muslims.

British-Indian Origin: The school is said to have a British-Indian origin, and Mirza Ghulam Ahmad is considered the founder. Mirza Ghulam Ahmad served the British Government.

Rejection by Muslim Governments: Muslim governments generally do not accept Ahmadiyas as Muslims. The faith of the Ahmadiya School is considered by some to be against mainstream Islamic beliefs.

Differences with Mainstream Islam:

The Ahmadiya School holds different beliefs compared to mainstream Islam, leading to a lack of recognition by other authoritative books of Islam.

Differences include beliefs about communication with God after Prophet Muhammad, the list of prophets before Muhammad, loyalty to the government, and the means through which Islam will spread.

Continued Communication with God: Ahmadiyas believe that God still communicates with His holy servants even after Prophet Muhammad.

Prophets Before Muhammad: Ahmadiyas claim that the list of prophets before Muhammad includes figures such as Buddha, Krishna, Zoroaster, and Ramchandra, according to the Quran. This claim is not accepted by non-Ahmadiyans.

Caliphate and Loyalty to Government: Ahmadiyas do not accept the claim of the Sultan of Turkey as the Caliphate. They emphasize loyalty to the government of their country, differing from mainstream Islamic views.

Means of Spreading Islam:

While Muslims generally believe that Mahdi will have a holy war or Jihad, with Islam spreading by the sword, Ahmadiyas believe that it will be spread by arguments and heavenly signs, without resorting to violence.