islamic project

8/10/2019 Islamic Project

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CONTENTS

HISTORY OF ISLAM

THE CODIFICATION OF JURISPRUDENCE

INTROUDUCTION TO ISLAMIC LAW

HANABALI SCHOOL OF LAW

HANAFI SCHOOL OF LAW

SHAFII SCHOOL OF LAW

MALIKI SCHOOL OF LAW

CONCLUSION

BIBLIOGRAPHY


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History of Islam

History is a Sign from the heavens. The Quran declares: I will show you My

Signs on the horizon and within your own souls until you have certainty of faith.

On the horizon means history and nature. Thus history and science take on asacred character in as much as they are Signs from God. This guiding principle

separates this encyclopedia from other works of similar nature.

In the fascinating panorama of the struggle of man on earth, faith has played a

pivotal role. Each of the major religions of man imbues its followers with a

particular vision of the transcendent and the relationship of the human to the

transcendent. That particular vision governs to a large extent the relationship of

each faith with the world at large. As the globe shrinks under the incessant impact

of technology, men and women of different faiths need to come together tounderstand one another and shape a common human destiny.

Islam made its appearance on the world stage more than fourteen hundred years

ago and immediately came into contact with the Persian and Byzantine worlds. As

the Islamic world expanded it had to come to terms not just with the rationalism of

the Greeks but with the belief systems of the Persians, the Hindus, the Buddhists

and the Chinese. The Muslims learned, absorbed, amalgamated the ideas of the

east and the west and gave to the world the empirical-scientific method, algebra,

chemistry, arabesque, Tasawwuf and the Taj Mahal.


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The Codification of Jurisprudence

The spread of Islam across the inter-connecting landmass of Asia, Europe and

Africa brought into the Islamic domain large masses of people who were

previously Christian, Zoroastrian, Buddhist or Hindu. Conversion to the new faithwas slow. The conquering Muslims left the people of the territories alone as long

as they paid the protective tax and did not interfere with freedom of choice in

religion. Mass conversions to Islam took place in the reign of Omar bin Abdul

Aziz (717-719) who abolished unfair taxation, tolerated dissent and treated Muslim

and non-Muslim alike with the dignity due to fellow man. Impressed with his

initiatives, people in the former territories of the Sassanids and the Byzantines

embraced Islam in droves.

The new Muslims brought with them not only their ancient heritage and culture,but methods of looking at the sublime questions of life in ways fundamentally

different from that of the Arabs. Historical Islam had to face the rationalism of the

Greeks, the stratification of the Zoroastrians, the Gnosticism of the Hindus, the

abnegation of the Buddhists and the secular but highly refined ethical codes of the

Taoist and Confucian Chinese. Add to it the internal convulsions in the Islamic

world arising out of the conflicting claims of the Umayyads, the Hashemites, the

Ahl-al Bait and the partisan and fractious approach of the many parties to legal

issues, and one has a good idea of the challenge faced by the earliest Islamicjurists. Fiqh was the doctrinal response of the Islamic civilization to these

challenges.

Some definitions of the terms Shariah, Fiqh and secular law are in order here. The

terms Shariah and Fiqh are not the same. In interfaith dialogue the two terms are

used interchangeably even by well meaning scholars. This leads to erroneous

conclusions.

Shariah is the unchanging Law of the Divine. It embraces not just the world of

man, but the cosmos and the world of the spirit. For instance, it is Shariah that the

sun rises from the East and the galaxies rotate as they do. It is also the Shariah that

an orange tree bears oranges whereas an apple tree yields apples.

Fiqh, on the other hand, is the historical dimension of the Shariah and represents

the continuous and unceasing Muslim struggle to live up to divine commandments


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in time and space. It is the rigorous and detailed application of the Shariah to issues

that confront humankind as it participates in the unfolding drama of history. As

such it embraces the approach, the process, the methodology as well as the

practical application of the Shariah. It defines the interface of an individual with

himself, his family, his society, his community, as well as the civilizationalinterface between Islam and other faiths and ideologies. Fiqh is Islamic

jurisprudence. It is an evolving, dynamic process. There are multiple schools of

Fiqh.

The amalgamation of different nationalities, tribes and people who had previously

followed other faiths required the codification of Fiqh. Islamic scholarship rose to

the challenge in the eighth century and successfully evolved the schools of

jurisprudence. The codification of Fiqh solidified the foundation of Islamic

civilization and was the cement for its stability through the turmoil of centuries.

The price that was paid for this process was the emergence of different schools of

Fiqh. Stated below are the major schools of Fiqh that are historically valid because

they have survived the test of time for more than thirteen centuries:

Sunnah Schools of Fiqh:

Hanafi

Maliki

Shafii

Hanbali

Shia Schools of Fiqh

Ithna Ashari

Ismaili

Other schools of Fiqh

Zaidi

Ibadi


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All of these schools claim their origin from the Quran and the Sunnah of the

Prophet. They differ in their emphasis on historical sources. Some were influenced

by political events in the succeeding centuries. In addition, there exist various

jamaats (groups) that emphasize one or the other aspects of Fiqh, leading to further

fragmentation.


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Introduction to Islamic law

"Difference of opinion among my community is a sign of the bounty of God."

Prophet Muhammad (pbuh)

Islamic law and what it means to be a practicing Muslim has changed and

developed over centuries of thinking. Following the death of the prophetMuhammad (pbuh), there have always been differences of opinion in how best tounderstand the message of God.

Different interpretations on what Islamic law should be, is reflected in the diverserange of schools of thought or ways of studying and practicing Islam.

The common factor among the different groups is the Quran and the recordedsayings and actions of the Prophet (peace and blessings upon him) - Sunnah -assources of information and guidance. Within Sunni and Shi'a Islam there are sixmain schools of Islamic law -fiqh:

Sunni schools:

The Hanbali School is named after Ahmad Ibn Hanbal (d. 855)

The Hanafi School is named after Abu Hanifa (d. 767)

The Shafi'i is named after al-Shafi'I (d. 819)

The Maliki is named after Anas bin Malik (d. 795)

Shi'a schools:

The Zaydi School is named after Zayd Ibn Ali (d. 740)

The Ja'fari School is named after Ja'far al-Sadiq (d. 765)

There was a sweeping range of opinion in the first three centuries of Islamichistory, and at one point, there were over 100 different schools of thought.
http://www.maslaha.org/islamic-answers/glossary/sunnah


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Four school of Islamic law has been discussed briefly:

The Hanafi School

The Hanafi School is the oldest surviving school of Islamic law, and the one with

the largest following.

It originated in Kufa, present day Iraq, but its influence spread to both the Mughal

and Ottoman empires and can now be found from Turkey to Central Asia, the

Balkans, Iraq, Afghanistan, Pakistan, India, Bangladesh, and as far as Western

Europe and North America.

The school's founder, Abu Hanifa, was a trader as a young man. However, it seems

he was not well suited to this career - he once demanded to pay five times the

asking price from a woman selling silk at the market.

In 763 CE he was imprisoned for refusing to collaborate with a judiciary he

considered corrupt. He died in prison four years later.

As well as using the Quran and the Prophets (pbuh) life as sources of guidance,

this group also relied heavily on using logical arguments to find answers to social

problems that also fitted in with their understanding of Islam.

The Shafi'i School

The Shafi'i School also has a wide influence in Egypt, Indonesia, the Philippines,

Brunei, Singapore, Thailand, Sri Lanka and the Maldives.

This school of thought is named after Muhammad ibn Idris al-Shafii, a precociousstudent, who is described by historians as the master architect of Islamic law.

Perhaps his greatest achievement, with the aid of his peers, was to lay down the

roots of a common framework for all schools of Islamic thought to follow whenproducing legal judgements on issues of faith and how it should be practised.


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The Maliki School

This school is named after Imam Anas bin Malik, 715 CE, who, to support hisstudies, sold the ceiling beams of his home to buy the necessary books.

He was an unwavering defender of personal freedom, famously issuing a fatwa that

stated that no person should be forced to pledge allegiance to the rulinggovernment in Medina, and was heavily flogged for doing so (although theauthorities later apologised for their actions).

The Maliki School has its main following in Egypt, as well as having smallergroups of followers in Algeria, Tunis, Morocco, Mauritania, Libya, Kuwait,

Bahrain, Dubai and Abu Dhabi, although it originated in Saudi Arabia in the cityof Medina. When the Maliki School was formed the word Sunnahdid not yet mean

the traditions' or practice' of the Prophet (pbuh) specifically but also referred tothe actions of the people of Medina at the time.

The Hanbali School

The Hanbali School was developed in Baghdad, although today the followers ofthe school are concentrated mainly in Saudi Arabia and the United Arab Emirates.

The founder of the school, Imam Ahmad Ibn Hanbal, was taught by Muhammad

ibn Idris al-Shafi'i, the founder of the Shafi'i School. There is therefore a direct link

between the Shafi'i and the Hanbali school.

The Hanbali school derives its rulings almost solely from the Quran and Sunnah,

which proves to be popular with groups of people wishing to return to a purer'Islam (the Wahabi movement, for instance, emerged out of the Hanbali school).

Other influential figures in the school were al-Kiraqi (d. 946), Ibn Qudama (d.,./1223).[3], Ibn Taymiyya (d. 1328) and al-Qayyim al-Jawziyya (d. 1350).


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Hanbali School of Islamic law

The Hanbali School is the fourth orthodox school of law within Sunni Islam. It

derives its decrees from the Qur'an and the Sunnah, which it places above all forms

of consensus, opinion or inference. The school accepts as authoritative an opiniongiven by a Companion of the Prophet, providing there is no disagreement with

anther Companion. In the case of such disagreement, the opinion of the

Companion nearest to that of the Qur'an or the Sunnah will prevail.

History:

The Hanbali School of law was established by Ahmad ibn Hanbal (d.855). He

studied law under different masters, including Imam Shafi'i (the founder of his own

school). He is regarded as more learned in the traditions than in jurisprudence. His

status also derives from his collection and exposition of the hadiths. His major

contribution to Islamic scholarship is a collection of fifty-thousand traditions

known as 'Musnadul-Imam Hanbal'. Imam Hanbal did not establish a separate

school himself; this was rather done by his disciples and followers.

In spite of the importance of Hanbal's work his school did not enjoy the popularity

of the three preceding Sunni schools of law. Hanbal's followers were regarded as

reactionary and troublesome on account of their reluctance to give personal

opinion on matters of law, their rejection of analogy, their fanatic intolerance of

views other than their own, and their exclusion of opponents from power and

judicial office. Their unpopularity led to periodic bouts of persecution against

them.

The later history of the school has been characterized by fluctuations in their

fortunes. Hanbali scholars such as Ibn Taymiyya (d.1328) and Ibn Qayyim al-

Jawzia (d.1350), did display more tolerance to other views than their predecessors

and were instrumental in making the teachings of Hanbali more generally

accessible.

From time to time Hanbaliyyah became an active and numerically strong school incertain areas under the jurisdiction of the 'Abbassid Caliphate. But its importance

gradually declined under the Ottoman Turks. The emergence of the Wahabi in the

nineteenth century and its challenge to Ottoman authority enabled Hanbaliyyah to

enjoy a period of revival. Today the school is officially recognised as authoritative


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in Saudi Arabia and areas within the Persian Gulf.

AL-MADH'HAB AL-HANBALI:

Al-Madh'hab Al-Hanbali was the product of the Fiqh (rules and regulations) as

taught by Ahmad Ibn Hanbal. As in other Islamic Schools of Thought Ahmad Ibn

Hanbal's Fiqh deals with tawhid, elements offaith, elements of worship(pillars of

Islam), halaland haram, ethics, dealingwith other people (Mu'aamalat).

FEATURES of Al-Madh'hab Al-Hanbali

Unlike other Sunni Madh'habs, Al-Hanbali's School of Thought has almost no

use for Qiyas (Analogy) or Raa'y (personal opinion), to such an extent that they

even prefer narration of weak Hadith over Qiyas or Raa'y. It emphasizes taking theHadith literally (blindly) to such an extent that they were

called As'haab Al-Hadith . Ahlul Hadith were known long time

before, but As'haab Al-Hadith was the result of its evolution.

Also like other Sunni Madh'habs, Al-Hanbalis do not acknowledge the Imamah

of Ahlul Bayt, though Ibn Hanbal was very supportive of Ahlul Bayt. Al-Hanbali

School of Thought began its ascendancy with the full patronage of Khalifa

Al-Mutawak'kil around 235H, but it never became widely spread.

IBN HANBAL: Head of Al-Madh'hab Al-Hanbali: [ 164H-241H]

Ibn Hanbal was born in 164H in Baghdad at the height of expansion of the

Islamic sciences and the glory of its culture. He was an astute and highly

intellectual person with distinguished reputation. Ibn Hanbal grew up as an

orphan, began his quest for Islamic learning at the age of 15, he learned at the

hands of Abu Yusuf for a while, then Al-Shafi'i. In 186H the 22 year old IbnHanbal traveled to Hijaz, Basrah, Kufa, and Yemen in quest of learning though he

was in poor financial straits. He learned at the hands of, a) Ibn U'yainah, b)

Al-Zuhri, and c) Jarir Ibn Abdul Hamid among other outstanding scholar students

of Imam Al-Saadiq.


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By the age of 50 Ibn Hanbal witnessed severe crushing measures by the

Mu'tazila toward those who did not agree with their views that the Quran

was Makhlooq (created piecemeal by Allah) according to the need of the

time. As'haab Al-Hadith believed the opposite, that the Quran was whole and part

and parcel of Allah. As a result, suppression by the Mu'tazila fully supported bythe Khalifas (Al-MaMoon, Al-Mu'tasim, and Al-Waathiq) continued for about 20

years. It was a brutal suppression of any intellectual who did not agree with their

view, and As'haab Al-Hadith became the culprit for decades.

In 218H along with many others, Ahmad Ibn Hanbal was arrested and was to be

executed by Khalifa Al-Ma'Moon because he stuck to his own conviction and did

not agree with the Mu'tazila point of view. It so happened that Al-MaMoon died

on an expedition just before he was to give the verdict for the execution of Ibn

Hanbal. The following Khalifa, Al-Mu'tasim, had Ibn Hanbal in jail, interrogated

him about his conviction, lashed him 38 times, but somehow he released him later

from jail. The Khalifa became lenient with Ibn Hanbal since it is said that Ibn

Hanbal was able to circumvent direct confrontation (though others say he was

adamant in his views).

As a result Ibn Hanbal's reputation skyrocketed with As'haab Al-Hadith who

shared his views. He became famous later on when Khalifa Al-Mutawak'kil

around 234H took up the cause of As'haab Al-Hadith against the Mu'tazila, in amove to lure the general public to his side.[15] Ibn Hanbal became the symbol of

As'haab Al-Hadith resistance to Mu'tazila orthodoxy.

While Khalifa Al-Mutawak'kil was the nemesis of Mu'tazila, he included the

devotees of Ahlul Bayt as archenemy too. A period of unparalleled persecution

and killing began to take place, as a result of which the Mu'tazila intellectuals all

but vanished. With the cooperation of As'haab Al-Hadith a new phase of

bloodshed began to take shape against any members or sympathizers of Ahlul Bayt

too. Al-Mutawak'kil took them as a grave threat to his rulership, and he unleashedbrutal and very harsh measures to anyone suspected of being loyal to Ahlul

Bayt. These measures were to such an extent, that against the Shi'a there unfolded

theNaasibi, (people who earned their living by making perverted stories

and pernicious poems in denouncing and damning the Shi'a). Despite this, Ibn

Hanbal was brave and outspoken in support of Ahlul Bayt. He was fearless and
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undaunted by the attitude of the Khalifa or the people around.[16] He even narrated

more Hadiths of the Prophet (pbuh) on behalf of Ahlul Bayt than most of the

Sihaah Al-Sittah, for such were his courage, virtue and nobility. And despite the

fact that Al-Mutawak'kil was supporting him with 4,000 dirham every month and

the auspicious attention he was giving him, Ibn Hanbal was uncomfortable of theassociation with the Khalifa, to the extent that he evaded and refrained from the

bond.[17] Ibn Hanbal would accept the gifts from the Khalifa but would distribute

them secretly to the poor.

HIGHLIGHTS of Al-Madh'hab Al-Hanbali

Under Ibn Hanbal many students learned his Fiqh and became famous later

on. Chiefly they were Al-Athram, Al-Maroozi, Al-Harbi, Abdullah Ibn Hanbal,

and Salih Ibn Hanbal. They were very active in teaching the Hanbali Madh'hab

afterwards though this school of thought never spread extensively.

Hanbali School of Thought (Al-Madhab al-Hanbali)

Imam Ahmad b. Hanbal (165 - 240 AH) was born in Baghdad. At the age of

fifteen, he embarked on journeys to different countries to meet with various

scholars. While in Baghdad, he studied under Imam al-Shafii, who inspired him

considerably, and Abu Yusuf al-Qadi. At the time, there were two competing

schools: madrasah al-athar (the school focusing on texts) and madrasah al-ra'i wal-

qiyas (the school based on opinion and analogy), and Ibn Hanbal favored the

former.

Although like other scholars, he too relocated to Hijaz, however he was not as well

known as the leaders of the other schools of thought because most considered him

to be a muhaddith (narrator of hadith) instead of a genuine faqih (jurist).

Ibn Hanbal was a strong advocate of the Abbasid government and when al-

Mutawakil came to power in 232 AH, he tortured the Alawiyin and fiercelyopposed the school of Ahlul Bayt, but he paid Ibn Hanbal a handsome salary of

4,000 dirhams, and invited him to Samarra to obtain blessings from his presence.38

Ahmad b. al-Hanbal wrote his famous work Musnad Ahmad b. Hanbal under the

reign of al-Mutawakil and passed away while al-Mutawakil was still in power. His
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case was similar to that of Imam al-Malik, whose ideas were also propagated by

the Abbasid caliphate, and the Abbasid promoted both of their schools of thought.

Hanbali at present

Since the creation of the Kingdom of Saudi Arabia on 23rd September 1932 it has

been the governments express policy that the country is governed by Islamic Law

(Sharia). This was confirmed by the Basic Law of Rule, Royal Order No. A/90 of

27th Shaban 1412 Hejra corresponding to 1st March 1992 Gregorian, which is,

effectively, the countrys constitution.

Although Islamic Law continues to evolve, its fundamental principles were

developed between the 7th and 10th centuries of the Gregorian calendar. There is

no codification of these rules, nor is there a system of judicial precedent. To

ascertain the rules of Islamic Law which govern a given issue one must refer totexts written by jurists whose writings are regarded as authoritative by those who

interpret and apply Islamic Law in a given jurisdiction.

There are several schools of Islamic Law, whose opinions can differ regarding

specific issues of law. As far as Saudi Arabia is concerned, traditionally the

dominant school of Islamic Law has been the Hanbali school. This was confirmed

by a Royal edict of 1928, which laid down that judges had to apply the principles

set out in specified Islamic Law texts of the Hanbali school. However, this position

was diluted somewhat by the enactment of the Basic Law of Rule in 1992, becausethis states that the Saudi Arabian courts must issue rulings in accordance with the

Quran and the Sunna, the basic sources of Islamic Law, without specifying a

particular school of law whose rules are binding. In practice the Saudi Arabian

courts still tend to apply Hanbali law, although they have some discretion in this

respect.

Under Islamic Law, and, therefore, Saudi Arabian law, a government may issue

regulations, provided that these do not conflict with established principles of

Islamic Law. There is a considerable body of regulations in force in Saudi Arabia,

particularly in areas of administrative and business law. In theory, Islamic Law is

meant to be all-embracing, and, therefore, all legislation is intended to supplement

Islamic Law. In practice, there are numerous areas of law where Islamic Law

offers few or no guidelines, and where government-made legislation is, therefore,

the only law


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Hanafism

Imam Abu Hanifah al-Numan b. Thabit (80 - 148 AH),

The Hanafiyyah School is the first of the four orthodox Sunni schools of law. It isdistinguished from the other schools through its placing less reliance on mass oral

traditions as a source of legal knowledge. It developed the exegesis of the Qur'anthrough a method of analogical reasoning known as Qiyas. It also established the

principle that the universal concurrence of the Ummah (community) of Islam on apoint of law, as represented by legal and religious scholars, constituted evidence of

the will of God. This process is called ijma', which means the consensus of thescholars. Thus, the school definitively established the Qur'an, the Traditions of the

Prophet, ijma' and qiyas as the basis of Islamic law. In addition to these, Hanafi

accepted local customs as a secondary source of the law.

History:

The Hanafi School of law was founded by Nu'man Abu Hanifah (d.767) in Kufa

in Iraq. It derived from the bulk of the ancient school of Kufa and absorbed theancient school of Basra. Abu Hanifah belonged to the period of the successors

(tabi'in) of the Sahabah (the companions of the Prophet). He was a Tabi'i since hehad the good fortune to have lived during the period when some of the Sahabah

were still alive. Having originated in Iraq, the Hanafi School was favoured by the

first 'Abbasid caliphs in spite of the school's opposition to the power of the

caliphs.The privileged position which the school enjoyed under the 'Abbasidcaliphate was lost with the decline of the 'Abbasid caliphate. However, the rise of

the Ottoman Empire led to the revival of Hanafi fortunes. Under the Ottomans thejudgment-seats were occupied by Hanafites sent from Istanbul, even in countries

where the population followed another madhhab.Consequently, the Hanafi

madhhab became the only authoritative code of law in the public life and official

administration of justice in all the provinces of the Ottoman Empire. Even todaythe Hanafi code prevails in the former Ottoman countries. It is also dominant in

Central Asia and India. There are no official figures for the number of followers ofthe Hanafi School of law. It is followed by the vast majority of people in the

Muslim world. Main Centre: The school has no headquarters as such. It is followedby the majority of the Muslim population Of Turkey, Albania, the Balkans, Central

Asia, Afghanistan, Pakistan, China, India and Iraq.


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Al-Madh'hab Al-Hanafi

Al-Madh'hab Al-Hanafi was the product of the Fiqh rules and regulations as taught

by Abu Hanifa. As in other Islamic Schools of Thought Abu Hanifa's Fiqh deals

with tawhid, elements offaith, elements of worship(pillars of Islam),

the halaland haram, ethics, dealingwith other people (Mu'aamalat).

FEATURES of Al-Madh'hab Al-Hanafi

The Al-Hanafi School of Thought tends to put more emphasis on

Qiyas (Analogy) and Raa'y (personal opinion) than an emphasis on

Hadith choices, and the deductions there from. It does not acknowledge the

Imamah of Ahlul Bayt. The Hanafi School of Thought began its popularity in thelast quarter of the second century Hijrah.

ABU HANIFA:

Head of Al-Madh'hab Al-Hanafi: 80H-150H

Abu Hanifa was born in 80H, grew up to be brilliant and inquisitive; he was a

good business man, in charge of an enterprise dealing in the silk industry. He was

the employer of many men, managing his enterprise in Kufa well. Abu Hanifa'skeen interest in researching Islamic sciences led him to Basrah many times.

[6] At

first both Al-Hasan Al-Basri and Abu Hanifa were associated with Murji'ah

philosophy but later on Abu Hanifa dissociated himself from the

movement. During his youth Abu Hanifa visited Hijaz to have a dialog with

Imam Muhammad Al-Baaqir (the father of Al-Saadiq).

The brother of Al-Baaqir, Zaid Ibn Ali, was revered for his Islamic

learning. Zaid Ibn Ali revolted against the oppression of Benu Umayya

government in 121H, and Abu Hanifa encouraged people to join and support

Zaids revolt. Once the revolt was put down, the 41 year old Abu Hanifa was put

in jail because of his support of Zaid. Shortly after, Abu Hanifa escaped from jail

and left for Medina to join Al-Saadiq's discourses and teachings at the Institute of

Ahlul Bayt.
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Shafi'i School

Imam Muhammad b. Idris al-Shafii (150- 206 AH)

Shafi'iyyah was the third school of Islamic jurisprudence. According to the Shafi'ischool the paramount sources of legal authority are the Qur'an and the Sunnah. Of

less authority are the Ijma' of the community and thought of scholars (Ijitihad)exercised through qiyas. The scholar must interpret the ambiguous passages of the

Qur'an according to the consensus of the Muslims, and if there is no consensus,according to qiyas.

History:

The Shafi'iyyah school of Islamic law was named after Muhammad ibn Idris al-

Shafi'i (767-819). He belonged originally to the school of Medina and was also apupil of Malik ibn Anas (d.795), the founder of Malikiyyah. However, he came to

believe in the overriding authority of the traditions from the Prophet and identifiedthem with the Sunnah.

Baghdad and Cairo were the chief centres of the Shafi'iyyah. From these two citiesShafi'i teaching spread into various parts of the Islamic world. In the tenth century

Mecca and Medina came to be regarded as the school's chief centres outside of

Egypt. In the centuries preceding the emergence of the Ottoman Empire the

Shafi'is had acquired supremacy in the central lands of Islam. It was only under theOttoman sultans at the beginning of the sixteenth century that the Shafi'i were

replaced by the Hanafites, who were given judicial authority in Constantinople,while Central Asia passed to the Shi'a as a result of the rise of the Safawids in

1501. In spite of these developments, the people in Egypt, Syria and the Hidjaz

continued to follow the Shafi'i madhhab. Today it remains predominant in

Southern Arabia, Bahrain, the Malay Archipelago, East Africa and several parts ofCentral Asia.

AL-MADH'HAB AL-SHAFI'I

Al-Madh'hab Al-Shafi'i was the product of the Fiqh (rules and regulations) as

taught by Ibn Idrees Al-Shafi'i. As in other Islamic Schools of Thought Al-Shafi'i'sFiqh deals with tawhid, elements offaith, elements of worship(pillars ofIslam), halaland haram, ethics, dealingwith other people (Mu'aamalat).


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FEATURES of Al-Madh'hab Al-Shafi'i: Al-Shafi'i School of Thought stands

in-between the Maaliki and Hanafi Madh'habs in that it uses some of the ways of

Al-Maaliki Madh'hab and some of the Hanafi, i.e. less in the way of Qiyas

(Analogy) and Raa'y (personal opinion). It excels in the technique of

Istin'baat

(deductive reasoning) for reaching a Fiqh verdict. Like otherSunni Madh'habs, Al-Shafi'i's do not acknowledge the Imamah of Ahlul Bayt,

though all of them were supportive of Ahlul Bayt. The Al-Shafi'i School of

Thought began its popularity around 190H and picked up steam in the century that

followed.

IBN IDREES AL-SHAFI'I:

Head of Al-Madh'hab Al-Shafi'i: 150H-204H

Al-Shafi'i was born in 150H, the same year in which Abu Hanifa died. He wasfrom Quraish, a bright student with a dazzling personality. An orphan, Al-Shafi'i

was cared for by his mother who brought him to Mecca when 10 years old. He

joined Hudhayl tribe for 17 years (in the desert) to learn the flawless command ofArabic, literary or expression. In his late twenties by now, Al-Shafi'i settled in

Mecca where Al-Shafi'i was enticed by friends to study Fiqh. Thus he joinedAl-Zinji, learning at his and other scholars' hands. In his thirties Al-Shafi'i left for

Medina to study at the hands of the aging Malik Ibn Anas, where he became veryclose to him. Malik even took care of the living expenses of Al-Shafi'i for 4 years

until Malik died. Al-Shafi'i also studied at the hands of several of Imam

Al-Saadiq's disciples such as a) Ibn U'yainah, 2) Abu Ishaaq Al-Madani, 3)Al-Zuhri, and 4) Ibn Al-Silt Al-Basri.

When Malik died, Al-Shafi'i had to work in Yemen to support himself

financially. He was vocal against the harsh rule of the governor of Yemen. It is

said that in a move to get rid of him, the governor wrote mischievous accusation

about Al-Shafi'i to Khalifa Al-Rasheed. As a result, in 184H and along with 8

other people, Al-Shafi'i was taken to Baghdad chained and bound in fetters. He

was closely questioned by the enraged Al-Rasheed, but Al-Shafi'i's eloquence and

convincing manners were such that Al-Rasheed forgave him and set him free. The

other 8 were not so lucky, for they could not defend their innocence that well, and

were decapitated as per orders of the irrational Khalifa. (The Shafi'i was accused

of loving Ahlul Bayt, since loving Ahlul Bayt was in opposition to the Khalifa

policy or other Abbasi rulers, who posed as enemy No. 1 to Ahlul Bayt.)


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HIGHLIGHTS of Shafi'i Madh'hab

The popularity of Al-Shafi'i Madh'hab was mainly due to the consistent and hard

work of the students of Al-Shafi'i, famous among them were

Al-Bu'waiti and Al-Muzni , and Ibn Abd Al-A'la . As

Al-Madh'hab Al-Shafi'i took roots, it gradually replaced the Maaliki Madh'hab inEgypt, then spread in Palestine and Syria, completely replacing that of Aw'zaa'i. It

also spread in Iran and neighboring areas at the time. This Madh'hab was alsoendorsed by the governments of the time, especially that of Ayyubi.

Shafii School of Thought (Al-Madhab al-Shafii)

From the time of his childhood, Imam Muhammad b. Idris al-Shafii(150- 206

AH) immersed himself in the ideas of Imam Malik. He was inspired deeply by him

and nearly memorized al-Muwatta. Eventually he procured a letter ofrecommendation from the governor of Mecca to the governor of Madinah enabling

him to meet with Imam Malik, whose status was very high in Madinah during the

Abbasid time. There he became a student of Imam Malik until the death of Imam

Malik about nine years later.

At that time, Imam Shafii fell into poverty and was obliged to return to Mecca.34

There, some individuals concerned about his condition, appealed to the governor of

Yemen to find him an official position, and thus Imam al-Shafii was made the

governor of the state of Najran in Yemen.

However, during the rule of Harun al-Rashid, Imam al-Shafii was accused of

leaning towards the Alawiyin35 and the school of Ahlul Bayt, and so he was

brought to Baghdad, handcuffed. While he was being held as a prisoner, one of his

friends, Muhammad b. al-Hasan al-Shaybani (who was also one of the primary

advocates of the Hanafi school of thought for the Abbasid) interceded on his behalf

and testified that al- Shafii was not on the side of Ahlul Bayt and was completely

supportive of the Abbasid government. This testimony resulted in the release of al-

Shafii, and as a result, he became very close to al-Shaybani and studied under

him, learning the opinions (araa) of Abu Hanifah in rai (opinion) and qiyas(analogy), both of which Abu Hanifah was well known for.

However, the two differed regarding Ahlul Bayt - al-Shafii was in fact

sympathetic towards their cause, while al-Shaybani was not.36

Out of these two influences: the Maliki school (which can also be referred to as the

school of athar (text)) and the Hanafi school, was born the Shafii school of


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thought. In 199 AH, Imam al-Shafii moved to Egypt along with Ibn Abdullah al-

Abbas, the governor of Egypt. There, his school slowly began to spread.

Unfortunately, because he differed on some points with Imam Malik, Imam al-

Shafii incurred the anger of many of the adherents of the Maliki school in Egypt,

and they eventually rioted and killed him.It is worth noting that al-Bukhari and al-Muslim did not narrate any hadith from al-

Shafii - not because he was inferior in knowledge, but because he had inclinations

towards the school of Ahlul Bayt. He said that Ali b. Ali Talib had the right to

leadership at the time over Muawiyah and his companions,37 who were the group

that began the assault on Islam. He displayed love for Ahlul Bayt and the family of

the Prophet and proclaimed, If anyone who loves the Ahlul Bayt is a rafidi (a

rejecter of the three caliphates) then let the whole world witness that I am the first

rafidi. Such statements not only led to his arrest as mentioned before, but alsoresulted in silencing his books of hadith.


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Maliki School

Imam Malik b. Anas (93 - 179 AH)

Malikiyyah is the second of the Islamic schools of jurisprudence. The sources ofMaliki doctrine are the Qur'an, the Prophet's traditions (hadith), consensus (ijma'),

and analogy (qiyas). The Malikis' concept of ijma' differed from that of the Hanafisin that they understood it to mean the consensus of the community represented by

the people of Medina. (Overtime, however, the school came to understandconsensus to be that of the doctors of law, known as 'ulama.)

Imam Malik's major contribution to Islamic law is his book al-Muwatta (The

Beaten Path). The Muwatta is a code of law based on the legal practices that were

operating in Medina. It covers various areas ranging from prescribed rituals ofprayer and fasting to the correct conduct of business relations. The legal code issupported by some 2,000 traditions attributed to the Prophet.

History:

Malikiyyah was founded by Malik ibn Anas (c.713-c.795), a legal expert in thecity of Medina. Such was his stature that it is said three 'Abbasid caliphs visited

him while they were on Pilgrimage to Medina. The second 'Abbasid caliph, al-

Mansur (d.775), approached the Medinan jurist with the proposal to establish ajudicial system that would unite the different judicial methods that were operating

at that time throughout the Islamic world.The school spread westwards through Malik's disciples, becoming dominant inNorth Africa and Spain. In North Africa Malikiyyah gave rise to an important Sufi

order, Shadhiliyyah, which was founded by Abu al-Hasan, a jurist in the MalikiteSchool, in Tunisia in the thirteenth century.

During the Ottoman period Hanafite Turks were given the most important judicialin the Ottoman Empire. North Africa, however, remained faithful to its Malikite

heritage. Such was the strength of the local tradition that qadis (judges) from boththe Hanafite and Malikite traditions worked with the local ruler. Following the fall

of the Ottoman Empire, Malikiyyah regained its position of ascendancy in the

region. Today Malikite doctrine and practice remains widespread throughout NorthAfrica, the Sudan and regions of West and Central Africa.

AL-MADH'HAB AL-MAALIKI:

Al-Madh'hab Al-Maaliki was the product of the Fiqh (rules and regulations) as

taught by Malik Ibn Anas. As in other Islamic Schools of Thought Maalik's Fiqh


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deals with tawhid, elements offaith, elements ofworship(pillars of Islam),the halaland haram, ethics, dealingwith other people (Mu'aamalat).

FEATURES of Al-Madh'hab Al-Maaliki The Maaliki School of Thought

tends to emphasize the authenticity of the Hadith

, the care in itsselection, and the deductions there from. It also used some degree of Qiyas

(Analogy) and Raa'y (Personal opinion). It does not acknowledge the Imamah of

Ahlul Bayt. Malik Ibn Anas was supporter and a proponent of Ahlul Hadith. TheMaaliki School of Thought began its popularity in the last quarter of the secondcentury H.

MALIK IBN ANAS:

Head of Al-Madh'hab Al-Maaliki 93-179H

Born in 93H Malik Ibn Anas grew up at a time when the Fiqh of the Shari'ah

was flourishing and Ahlul Bayt had a greater leeway to explain its detail since

Benu Umayya's grip on power was waning. Malik Ibn Anas attended many of the

discussion assemblies Imam Al-Saadiq was giving. Malik Ibn Anas was 10 years

younger than Al-Saadiq, and lived to the ripe age of 86, when he died in179H. Like Imam Al-Saadiq, Malik spent all his time in Medina.

It is claimed that Malik Ibn Anas was a firm supporter of Ahlul Bayt and their

cause. Malik gave full support to Muhammad Dhul Nafs Al-Zakiya when he

revolted against the oppression of Benu Abbas in 144H. In 146H, because of that

support (or because of some disagreement with the government) Malik Ibn Anas

was arrested by the governor of Medina and lashed 50 times. That resulted in

damaging his left arm which remained crippled the rest of his life.[10]

Malik Ibn Anas lived at a time when forgeries of the Hadith werewidespread. Therefore he took great care in selecting authentic Hadiths, as a result

hispopularity began to increase. Many people started to quote him and study at his

hand.


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At the same time however, Khalifa Al-Mansoor was ever anxious to build

forces to counteract the profound influence of the school of Ahlul Bayt. In 153HAl-Mansoor approached the 60 year old Malik Ibn Anas offering him a position to

be Supreme Justice over Medina and Hijaz, but with a request for Malik to write a

book in Fiqh, so that Al-Mansoor would enforceit over the wholeUmmah. Al-Mansoor had one more request, however, that the book not mentioneven once the name of Imam Ali.

[11]

Malik Ibn Anas agreed, sensing that his book, as supported by the government,would have immediate success. However, the down-side to this was not

mentioning Ali, but that would be the price to be paid against the advantage ofspreading his Islamic knowledge.

The result was the book called Al-Mu'watta'. The Fiqh in Mu'watta' was later

known as Fiqh of Malik Ibn Anas. It was spread and patronized by many rulers of

Benu Abbas, and especially in Andalusia (Spain), North Africa, and some parts of

Middle East. Malik Ibn Anas became the official high powered Supreme Judge fora long time. He was sponsored and patronized by Khalifa Al-Mansoor, then

Khalifa Al-Mahdi, then Khalifa Al-Haadi, then (and especially so) byKhalifa Al-Rasheed. This support was done not due to what this Fiqh deserved but

mainly as a counterweight against Ahlul Bayt and their enormous influence in thesociety.


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Conclusion

The Hanbali school of thought was headed by Imam Ahmad ibn Hanbal who lived

from 164Hto 241H.He was born and died in Baghdad. He only gained popularity

in Najd (a region of the Arabian Peninsula) due to the ideas of Muhammad ibn

'Abd al-Wahhab, the founder of Wahabism. The Hanbali madhhab spread in Najd

primarily due to the teachings of Ahmad ibn 'Abd al-Halim al-Dimishqi ibn

Taymiyyah (661H-728H) and his student ibn al-Qayyim al-Jawziyya.

The Shafi'i School also has a wide influence in Egypt, Indonesia, the Philippines,Brunei, Singapore, Thailand, Sri Lanka and the Maldives.

This school of thought is named after Muhammad ibn Idris al-Shafii, a precociousstudent, who is described by historians as the master architect of Islamic law.

The Maliki School has its main following in Egypt, as well as having smallergroups of followers in Algeria, Tunis, Morocco, Mauritania, Libya, Kuwait,

Bahrain, Dubai and Abu Dhabi, although it originated in Saudi Arabia in the city

of Medina. When the Maliki School was formed the word Sunnahdid not yet mean

the traditions' or practice' of the Prophet (pbuh) specifically but also referred tothe actions of the people of Medina at the time.

The Hanbali school derives its rulings almost solely from the Quran and Sunnah,which proves tobe popular with groups of people wishing to return to a purer'Islam (the Wahabi movement, for instance, emerged out of the Hanbali school).

Other influential figures in the school were al-Kiraqi (d. 946), Ibn Qudama (d.,./1223).[3], Ibn Taymiyya (d. 1328) and al-Qayyim al-Jawziyya (d. 1350).


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Bibliography

Books:

1. Syed Khalid Rashid, Muslim Law, fifth edition 2012

2. Aqil Ahmad, Mohammedan Law, Twenty fourth edition, 2013

Website:

1. www.islamic-law.com

2.www.alislam.org

3.www.historyofislam.com
http://www.alislam.org/http://www.alislam.org/http://www.alislam.org/http://www.historyofislam.com/http://www.historyofislam.com/http://www.historyofislam.com/http://www.historyofislam.com/http://www.alislam.org/

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