Schools of Islamic Law

• After death of profit, a question arises, who will be successor of prophet
• Two views regarding this majority were off view to choose successor through election and minority were of view that successor on basis of heredity
• Hence, Islamic community divided into 2 groups.
• Thereas difference between lies in political events, rather than law and jurisprudence
• Abu Baker and Aishya conducted election and won election and declared himself as Caliph
• It is said that Ali and Fatima (comes in bloodline of prophet) Were busy in ceremonies when election was conducted. They were of view that successor should be from bloodline of prophet and considered Ali as 1st Imam
• Group following Abu Baker – Sunni
• Group following Ali – Shia
• Sunni is orthodox sect and Shia is reformative sects
• Sunny and Shia both sects are divided into number of schools.
• Majority of Muslims are Sunni, hence presume that parties to suit are Sunni, unless provided otherwise.
• Literal meaning of Shia is faction. It represents that faction of Muslim community which follow Ali as rightful successor of prophet
• Sunni advocated for election for choosing spiritual Head Caliph by means of vote.
• Sunni regarded the leader as Caliph, which means “successor of profit” and has to follow path laid down by prophet. If he becomes unfit for the seat, he may be removed.
• Shia, whereas regarded their leader as Imam final interpreter of law

I. Schools of Sunni law

• Orthodox school
• Recognise 4 School of Suni Law:
  i. Hanafi School
  ii. Malik School
  iii. Shafi School
  iv. Hanbali School
• All School of Sunni law subscribed to same principle, but are different in detail
• Main cause of division among Sunni is there of degree of stress on one or more source of law
• All these schools more or less same, but minor difference among them so far for the interpretation of Quran

i. Hanafi School

• Most famous of all Sunni School named after Abu-Hanif Ab-Noman Ibne Sabit. He established his school of law in his native city called Kufa. Hence, it is also known as Kufa School.
• Features of this school: -
  Place the little reliance Mass of oral tradition, (Ahadis) But developed subtle method of reasoning and analogy (Qiyas) and clearly define Ijma
• School Prevail in India, Arabia, Syria, Turkey and Egypt
• Predominant feature of Hanafi School is:
  i) Great emphasis on Qiyas
  ii) Accepted 18 tradition only,
  iii) Accept Ijma, a source of law,
  iv) Allowed application of Qiyas in special circumstances.
  v) Abu Hanif first laid down foundation of Islamic jurisprudence
  vi) He, along with 40 Students aim of qualification of Islamic law

ii. Maliki Schools

• Founded by Imam Malik
• Because of his living at Medina, his school is also called Medina School.
• Malik collected 300 traditions of prophet and recorded in his book Kitab al Muwataa
• Mallik based his doctrine on Quran and Hadis.
• Main feature of the school is as follows:
  i. Follow tradition and usage it of prophet only
  ii. Conflict of tradition, he relied on Ijma
  iii. Upheld exercise of Qiyas on failure of other source.
  iv. Recognise the principle public welfare
  v. Added fifth source of law Istadal “principle of logical and Justice deduction.”

iii. Shafi Schools

• So named after Mohammed bin Ash Shafi. He was taught by Maliki
• Shafi developed doctrine of Qiyas, but restricted the analogy of Quran and Ijma
• Also elaborate doctrine of Ijma as Source of law
• 2nd prominent school of law after Hanafi School
• Principle School are:
  i) Imam Shafi was traditionalist.
  ii) He based analogy on Quran, Suna and Ijma.
  iii) Wide scope of Ijma
  iv) Created classical theory of Islamic jurisprudence,
  v) Founder of Science of Usul

iv. Hanbali schools

• Schools named after its founder Imam-Abu-Abdullah-Ahmed-Ibn- Hambal
• He was disciple of Imam Shafi. He was a lawyer, but appeared to be more learned in tradition than law
• School named after hambal As Hanbali School
• Not formed in his lifetime after his death. Some of his pupil gathered and founded the school in his name.
• Reject doctrine of Qiyas and Ijma.
• Features of school:
  a) Interpretation of school is very liberal
  b) considered Ijima as confined to the Companion
  c) Very narrow scope of doctrine of analogy.

II. Schools of Shia Laws

• Shia is unorthodox
• Three recognised School of Shia law are:
  a) Zaidi School
  b) Ismaili School
  c) Itna Ashari School
• Subdivision among Shia were first due to the dynastic quarrel among different classes. Subdivision due to different Interpretation
• Doctrine of all Shia school are as under:
  i) Shia accept under those traditions which Iman form the Household of Prophet
  ii) Do not accept Qiyas
  iii) They advocate spiritual head imam to be confined from family of prophet.
  iv) Do not recognise the principle of equity, public welfare, public policy and analogy.

a) Zaidi School

• First School of Shia law, named after its founder Imam Zaydi First quarrel regarding succession of Imam arose after death of 4th Imam Ali II in 712 AD.
• One group of Shia accepted Zaydi, a son of Ali II, as their fifth Imam. Another group denied the same. Hence, Zaidi is School
• Majmu-ul-Diqh Famous work Available only in Superior form
• Prevail in South Arbia and Yemen

b) Ismaili School

• Named after Founder Imam Ismaili
• After death, a fourth imam allied to in 712 AD Muhammad Ali Baker, another son of Ali II After death of Baker, his son Jaffer Ali Became 6th Imam
• Jaffer appointed his son, Ismaili to succeed him as 7th Imam, but Ismaili met premature death.
• Jaffer appointed his second son, Musa Kasim as 7th Imam
• The appointment gave rise to division among Shia after death of Imam Jaffar. Group followed Imam Ismail and didn’t acknowledge Hence came into existence. Second School of Shia law as Ismailia School
• India Ismaili into 2 Factors:
  a) Khoja
  b) Bohras

c) Itna Asharia School

• Majority because legitimate succession divided into Usuli and Akhbarri School
• Usuli allowed Human Reason in Interpreting Quran where Imam are absent and in their presence equity and Qiyas have no Place
• Akhbari are rigid traditionalist and accept only certain resolution of former school