The Islamic Schools of Law

The Islamic school of law, also
known as Madhhab, is a term used to refer to the different legal schools
of thought within Islamic jurisprudence. These schools of law emerged from the
early Islamic period and developed over time as scholars interpreted and
applied Islamic sources such as the Quran, Hadith (sayings and actions of the
Prophet Muhammad p.b.u.h), and consensus of the community (ijma) to
practical legal issues.

There are four main Sunni schools of law: Hanafi, Maliki, Shafi’i, and Hanbali. Each school has its own methodology, principles, and interpretations of Islamic legal sources, and there are differences in their rulings on certain issues. Additionally, there are also several Shia schools of law, such as Ja’fari and Zaidi, which have their own unique
perspectives and interpretations of Islamic law.

Despite these differences, all Islamic schools of law share a common belief in the importance of following Islamic law as a means of seeking God’s pleasure and living a righteous life. They also recognize the authority of the Quran and the Hadith as the primary sources of Islamic law, and the importance of seeking knowledge and applying reason in the interpretation of these sources.

The Hanafi school of law is one of
the four major Sunni schools of Islamic jurisprudence, named after its founder,
Imam Abu Hanifa (d. 767 CE). Imam Abu Hanifa (may Allah have mercy on him) was
a prominent scholar of Islamic law and theology who lived in Iraq during the
early Islamic period.

The Hanafi school of law is known for its emphasis on reason and the use of analogy (qiyas) in legal reasoning, in addition to the traditional sources of Islamic law such as the Quran and Hadith. Hanafi jurists also give weight to local customs and precedents in their legal rulings.          

One of the unique features of the
Hanafi school of law is its emphasis on the legal opinions of the early jurists
of Kufa, including Imam Ali ibn Abi Talib (peace be upon him) and Abdullah ibn
Mas’ood (may Allah be pleased with him), as well as the followers of their
legal methodology such as Imam Al-Qamah, Imam Abu Hanifa’s student Imam
Al-Qadi Abu Yusuf and Muhammad Ibn Al-Hassan Al-Shaybani (may Allah have mercy
on all of them).

The Hanafi school has given preference to these jurists and their followers due to their strong legal reasoning skills and their ability to derive rulings based on the principles of Islamic law. Additionally, Kufa was a center of Islamic learning and scholarship in the early Islamic period, and many of the jurists who lived and studied there were renowned for their expertise in Islamic law and jurisprudence.

While the Hanafi school does recognize the opinions of other jurists and schools of thought, it has given special emphasis to the legal methodology and opinions of the early jurists of Kufa, as well as the followers of their methodology. This has led to some unique legal rulings and practices within the Hanafi school, particularly in areas such as contract law and inheritance law, where the Hanafi school’s approach differs from that of the other Sunni schools of thought.

Hanafi jurists also give significant
importance to the legal rulings of Umar ibn al-Khattab (may Allah be pleased
with him), the second Caliph of the Islamic State. This is due to several
reasons, including Umar’s close relationship with the Prophet Muhammad (peace
be upon him), his role in establishing the legal and administrative framework
of the early Islamic state, and his reputation for strict adherence to Islamic
law.

Hanafi jurists
recognize the legal rulings of Umar as an important source of guidance and
precedent in Islamic law, particularly in areas such as criminal law and family
law. However, it is important to note that the Hanafi school, like the other
Sunni schools of thought, also recognizes the legal rulings of the other early
Caliphs and companions of the Prophet Muhammad (peace be upon him), as well as
later generations of jurists and scholars.

Ultimately, the
Hanafi school, like the other Sunni schools of thought, seeks to derive legal
rulings based on the principles and sources of Islamic law, including the
Quran, Sunnah, the consensus of scholars (ijma‘), and legal analogy (qiyas).
While the opinions of certain individuals and schools may be given greater weight
or preference, the ultimate goal is to arrive at a legal ruling that is based
on sound legal reasoning and the principles of Islamic law.

The Hanafi school
is generally criticized for the exceptional use of qiyas for deriving
legal rulings. However, qiyas is accepted by many jurists as a source of
Islamic law. It is claimed that Hanafis reject a Hadith that goes against qiyas.
However one should consider Hanafi’s stance from their point of view.

The Hanafi school
of law is also criticized for leaving a large number of authentic Hadiths, but
the reason behind this approach lies in the preference of the Quran over
individually transmitted Hadiths. One can differ from this approach but can’t
deny its legitimacy.

The Maliki School of Law is one of
the four major Sunni schools of Islamic jurisprudence, named after its founder,
Imam Malik ibn Anas (d. 795 CE). Imam Malik (may Allah have mercy on him) was a prominent scholar of Islamic
law and Hadith who lived in Medina, the city of the Prophet Muhammad (peace be
upon him).

The Maliki school of law is known for its emphasis on the traditions
and practices of the people of Medina, where the Prophet Muhammad (peace be
upon him) lived and where many of his companions resided. The school also
places a strong emphasis on Hadith, or the sayings and actions of the Prophet
Muhammad (peace be upon him).

Top of Form

The Maliki school
of Islamic law places a strong emphasis on the practices and customs of the
people of Medina, who were considered to be the most knowledgeable and faithful
in matters of Islamic law and practice. The reason for this emphasis is that
Medina was the city where the Prophet Muhammad (peace be upon him) settled
after his migration from Mecca, and it was the city where he established the
first Islamic community. As a result, Medina became a center of Islamic
learning and scholarship, and the practices and customs of its inhabitants were
considered to be the most authentic and reliable sources of Islamic law and
practice.

Imam Malik, the founder of the Maliki
school, was himself a resident of Medina and was deeply influenced by the
practices and customs of its inhabitants. He believed that the practices and
customs of the people of Medina represented the living embodiment of the
Islamic tradition and that they were the most reliable guide to understanding
and implementing Islamic law. He, therefore, placed great emphasis on studying
and understanding these practices and customs, and on basing his legal opinions
on them.

The Maliki school’s emphasis on the
practices and customs of the people of Medina is reflected in its methodology,
which is based on the principles of istihsan (juristic preference) and ‘urf
(customary practice). Istihsan involves using reason and analogy to
arrive at legal rulings that are deemed to be in the best interests of society,
even if they do not strictly follow the letter of the law. ‘Urf involves
taking into account the customs and practices of the people in a given society and using them as a guide for interpreting and applying Islamic law.

It is true that
due to limited access to Hadiths that were transmitted through narrators of
Medina, Imam Malik had to rely heavily on qiyas (analogical reasoning)
in order to derive legal rulings. Qiyas involves applying the principles
and rules of Islamic law to new situations that are not specifically addressed
in the Quran or the Hadith, in order to arrive at a legal ruling.

Imam Malik (may Allah have mercy on him) believed that qiyas
was a valid method for deriving legal rulings, as long as it was based on sound
reasoning and supported by evidence from the Quran, the Hadith, and the
practices and customs of the people of Medina. He was also very cautious in his
use of qiyas, and only employed it as a last resort when other sources
of Islamic law were not available.

Despite his reliance on qiyas,
Imam Malik was also a strong advocate for the use of Hadiths in Islamic law,
and he was known for his rigorous standards of Hadith authentication. He
believed that the Hadiths were a critical source of Islamic law and that they
should be carefully scrutinized and authenticated before being used to derive
legal rulings.

Overall, while
Imam Malik did rely heavily on qiyas due to the limited availability of Hadiths
from Medina, he was also committed to the rigorous application of Islamic law
and the careful scrutiny of all legal sources, including the Quran, the Hadith,
and the practices and customs of the people of Medina.

Maliki School of
Law is criticized for leaving certain authentic Hadith in favor of Medan’s
Urf. The critics argue that after Prophet’s death, many differences made their way into the Muslim community, and the original scenario was changed over time.
So, Hadiths can’t be rejected on behalf of customary practices.

The Shafi’i
school of law is one of the four major Sunni schools of Islamic jurisprudence,
named after its founder, Imam Muhammad ibn Idris Al-Shafi’i (d. 820 CE). Imam Al-Shafi’i (may Allah have mercy on him) was a
prominent scholar of Islamic law and Hadith who lived in Iraq and Egypt during
the early Islamic period.

The Shafi’i school of law is known for
its emphasis on the Quran and the Hadith, as well as the use of analogy (qiyas)
in legal reasoning. The school is also known for its detailed and systematic
approach to legal reasoning and analysis.

Imam al-Shafi’i (may Allah have mercy on him) is often referred to as Nasir al-Sunnah, which means “defender of
the Sunnah.” This title was given to him because of his prominent role in
defending the authentic practices and teachings of the Prophet Muhammad (peace
be upon him) as transmitted through the Sunnah.

Imam Shafi’i (may Allah have mercy on him) believed that both the Quran and the Sunnah were equally important sources of
Islamic law, and he considered them to be complementary to one another. He
believed that the Quran provided the foundational principles of Islamic law,
while the Sunnah provided specific guidance on how to apply these principles in
practice.

Imam Shafi’i (may Allah have mercy on him) also believed that both
the Quran and the Sunnah were transmitted from the Prophet Muhammad (peace be
upon him) as his teachings without any discrimination, and therefore both
sources were equally authoritative in matters of Islamic law. He believed that
the Sunnah was a critical source of Islamic law and that it provided essential
guidance on how to understand and apply the teachings of the Quran.

However, Imam Shafi’i (may Allah have mercy on him) also recognized
that the Quran and the Sunnah were not always clear or specific enough to
address all legal questions, and he believed that in such cases, scholars
should use analogical reasoning (qiyas) to derive legal rulings based on the
principles and values of Islamic law.

Overall, Imam
Shafi’i’s approach to Islamic law was characterized by a commitment to the
Quran and the Sunnah as complementary sources of legal guidance and a
recognition that Islamic law must be grounded in the teachings of the Prophet
Muhammad (peace be upon him) as transmitted through these sources.

During Imam al-Shafi’i’s time, there
were many different interpretations of Islamic law and many deviants were
promoting their own opinions and ideas to reject Hadiths. Imam al-Shafi’i(may Allah have mercy on him) was a
strong advocate for the use of the Sunnah as a primary source of Islamic law
and believed that the practices and teachings of the Prophet Muhammad (peace be
upon him) should be the basis for all legal rulings.

Imam al-Shafi’i (may Allah have mercy on him) spent much of his life
studying and analyzing the Hadiths in order to derive legal rulings based on
the Sunnah. He believed that the Hadiths were a critical source of Islamic law
and that they should be carefully scrutinized and authenticated before being
used to derive legal rulings.

Like any school of Islamic law,
the Shafi’i school has been subject to criticism and debate throughout Islamic
history. Some of the criticisms that have been leveled against the Shafi’i
school include:

Over-reliance
on Hadith: Some critics have argued that the Shafi’i school places too much
emphasis on the Hadith as a source of Islamic law and that this can sometimes
lead to a neglect of the broader principles and values of Islamic law.

Rigidity:
Some have criticized the Shafi’i school for being overly rigid in its approach
to Islamic law, and for being unwilling to consider new or alternative
interpretations of legal texts.

Lack of
flexibility: The Shafi’i school is sometimes criticized for its lack of
flexibility in legal rulings, particularly in cases where circumstances may
have changed since the time of the Prophet Muhammad (peace be upon him) and his
companions.

Complexity:
The Shafi’i school has a reputation for being more complex and difficult to
understand than some other schools of Islamic law, which can make it
challenging for laypeople to apply its rulings in practice.

It’s worth noting, however, that
many of these criticisms are not unique to the Shafi’i school, and are shared
to varying degrees by other schools of Islamic law as well. Ultimately, the
strengths and weaknesses of any school of Islamic law depend on how its
principles and rulings are applied in practice, and on the interpretations of
its scholars and practitioners over time.

The Hanbali School of Law is one
of the four major Sunni schools of Islamic jurisprudence, named after its
founder, Imam Ahmad ibn Hanbal (d. 855 CE). Imam Ahmad ibn Hanbal (may Allah
have mercy on him) was a prominent scholar of Islamic law and Hadith who lived
in Iraq during the early Islamic period.

The Hanbali School of Law is known for its strict adherence to the Quran and the Hadith, as well as a conservative approach to legal reasoning and interpretation. The school also places a strong emphasis on the practice of the
Prophet Muhammad (peace be upon him) and his companions.

Imam Ahmad ibn
Hanbal (may Allah have mercy on him) was
a direct student of Imam al-Shafi’i (may Allah have mercy on him) and studied Islamic jurisprudence under his
supervision. Imam Ahmad (may Allah have mercy on him) is considered one of the most prominent students of
Imam al-Shafi’i, and his own school of Islamic law, the Hanbali school, is
often seen as a continuation and refinement of al-Shafi’i’s approach.

While the Hanbali school of law is
often considered a continuation of al-Shafi’i’s legal methodology, it has
developed certain unique features that distinguish it from other Sunni schools
of law. Some of these features include:

Like other Sunni schools of law,
the Hanbali school places a strong emphasis on the Quran and the Sunnah as the
primary sources of Islamic law. However, Hanbalis are known for their strict
adherence to the literal meaning of the text, and they discourage the excessive
use of qiyas (analogical reasoning) in drawing legal rulings.

The Hanbali school places a
particular emphasis on the importance of Hadith literature and is known for
its rigorous methods of authenticating and verifying the chains of narration of
Hadith.

Hanbalis are known for their
strong opposition to innovation (bid’ah) in matters of religion, and
they consider many practices that are widely accepted in other Sunni schools of
law to be unacceptable innovations.

The Hanbali school is known for its simplified legal methodology,
which emphasizes the practical application of Islamic law and is focused on
providing clear and concise answers to legal questions.

Imam Ahmad ibn Hanbal (may Allah have mercy on him) is renowned for his extensive
knowledge of Hadith, exceeding one million Hadith. His famous work al-Musnad
is one of the most voluminous collections of Hadith in Islamic literature. The work contains over 27,000 Hadith narrations, each with a chain of narrators leading back to the Prophet Muhammad (peace be upon him). The work is arranged by narrator, rather than by subject matter, and includes Hadith from all of the major Hadith collections, as well as many lesser-known narrations.

Imam Ahmad’s approach to Hadith was
rigorous and scholarly. He spent much of his life collecting and verifying
Hadith, traveling extensively throughout the Islamic world to study under
renowned scholars and to gather Hadith narrations. He was known for his strict
standards of authenticity, and would only include a Hadith in his collection if
he was satisfied that the chain of narration was sound and that the Hadith was
in accordance with the teachings of the Quran and Sunnah.

In addition to
his work on Hadith, Imam Ahmad (may Allah have mercy on him) was also a prominent jurist and
scholar of Islamic law. His legal methodology, which emphasized the importance
of Hadith and discouraged the excessive use of qiyas (analogical reasoning) in
legal matters, is a key characteristic of the Hanbali School of Law. His legacy
as a scholar of Islam has had a lasting impact on the development of Islamic
scholarship, and his work on Hadith continues to be studied and revered by
scholars and students of Islam around the world.

Despite
validating qiyas as a source of Islamic law, Imam Ahmad (may Allah have
mercy on him) minimized its use in legal reasoning. He disliked the multiple levels
of qiyas that were characteristic of other schools of law. In fact, multiple
levels of qiyas made other schools rigid and unable to accept the
change. While the Hanbali school of law is moderately flexible and subject to
change over time through Ijtihad (legal reasoning).

  Imam
Ahmad (may Allah have mercy on him) collected all the goodness of
previously established schools of law and added to its beauty and texture. He accepted
the customary practices of Medina but did not exceed limits to let it reject
Hadiths. He strictly adhered to the Hadith but did not let his rulings contradict Quran. He preferred a conservative approach to understanding the Quran
and Sunnah but did not reject the scope of rationality. He encouraged
reasoning for understanding the Quran and Sunnah but did not follow the way of
deviants.

The Hanbali
school of law is the only Sunni school of thought that gives a special
preference to the saying and practices of Ahl al-Bayt (Family of the
Prophet), may Allah shower His mercy and blessings on all of them. A minority
of Hanbali scholars, including Ibn Hamid and Ibn Taymiyah, viewed that when all
recorded opinions from Ahl-al-Bayt unite on any issue, we are not allowed
to contradict that united opinion. Imam al-Shafi’i (may
Allah have mercy on him) had a view closer to the aforementioned view. A comparison
between the Zaidi School of Law and the Hanbali School of Law can prove that
these schools overlap in a large number of rulings. The Zaidi School of Law
does not share such a large overlapping area with any of the other Sunni schools.

The Hanbali school is often
accused of taking a very literalist approach to Islamic law, which can lead to
a lack of flexibility in certain situations. For example, some critics argue
that the Hanbali school’s strict interpretation of certain texts can lead to a
disregard for the broader aims and objectives of Islamic law. As for the literalist approach is concerned, it was primarily adopted in response to the deviant
movements that arose in Imam Ahmad’s time. This approach ensures adherence
to the sacred texts. However, many Hanbali scholars tried their best to remove
this stamp from the face of the Hanbali School of Law. Imam Abu al-Khattab and Imam
Ibn Qudamah al-Maqdasi are among those scholars who successfully used reasoning in their
works and proved that the accusation of literalism is not fully justified.

While the Hanbali school of
law is often associated with strict adherence to literal interpretations of
Islamic sources, it is also known for its flexibility in certain areas,
particularly in matters of contracts. This flexibility is based on the
principle of istihsan, which allows for the use of reasoning and preference in
certain cases where strict adherence to the rules may not be in the best
interest of the parties involved.

The Zaidi School
of Law is a branch of Shia Islam that is primarily found in Yemen. It takes its
name from Imam Zaid ibn Ali ibn Husain ibn Ali ibn Abi Talib, may Allah shower
His mercy and blessings on all of them, the grandson of the Prophet Muhammad
(peace be upon him) and the fifth Shia Imam according to Zaidi tradition.

Imam Zaid ibn Ali
ibn al-Husayn ibn Ali ibn Abi Talib was a descendant of Prophet Muhammad (peace
be upon him) through his daughter Fatimah (peace be upon her) and his cousin
and son-in-law Ali ibn Abi Talib (peace be him). He was born in 695 CE in
Medina and died in 740 CE in Kufa.

Imam Zaid (may Allah have mercy on
him) was a scholar of Islamic jurisprudence, hadith, and Quranic exegesis. He
was a leading figure in the early Islamic period and played an important role
in the political and religious movements of his time. He was a staunch
supporter of the rights of the oppressed and stood up against the tyranny and
oppression of the ruling authorities of his time.

Imam Zaid (may Allah have mercy on
him)  is considered the founder of the
Zaidi school of jurisprudence, which is one of the branches of Shia Islam. The
Zaidi school of jurisprudence is named after Imam Zaid, and it is followed by a
significant number of Shia Muslims in Yemen, Oman, and parts of Saudi Arabia.

Imam Zaid’s teachings emphasized the
importance of social justice, human rights, and the welfare of the community.
He believed in the concept of peaceful coexistence and stressed the need for
tolerance and respect for diversity. He also believed in the importance of
consultation and consensus-building in decision-making.

Imam Zaid’s
legacy as a scholar and a political figure has had a lasting impact on Islamic
history and thought. His teachings continue to inspire people around the world,
and his legacy is celebrated in many Islamic countries, particularly in Yemen
where he is considered a national hero and a symbol of resistance against
tyranny and oppression.

The Zaidi school of law is based on a
distinct legal methodology that emphasizes reason and the use of the intellect
in interpreting religious texts. It is often referred to as the
“moderate” or “rationalist” school of Shia Islam, in
contrast to the more esoteric and mystical approach of other Shia schools.

The Zaidi School of Law is known for
its emphasis on justice and social welfare. It holds that the ruler must be
just and must work to ensure the welfare of the people and that the people
have the right to overthrow a ruler who is oppressive or unjust. This emphasis
on social justice and the welfare of the people has led some scholars to
describe the Zaidi school as having a more “political” approach to
Islam.

In terms of religious practice, the
Zaidi school of law shares many of the same practices and beliefs as other Shia
schools, such as the importance of the Prophet Muhammad’s family and the
celebration of the holy day of Ashura.

The Musnad of Imam Zaid is an important primary source for understanding the Zaidi school of law and its teachings, but it is not the only source. There is some debate among scholars regarding the attribution of Musnad Imam Zaid to Imam Zaid ibn Ali (may Allah have mercy on him). Some scholars believe that the work was actually compiled by his students or later scholars in his tradition, rather than by Imam Zaid (may Allah have mercy on him) himself. Others maintain that Zaid did indeed compile the Musnad, but that work has been lost and the surviving collections are later compilations based on verbal narrations. Mostly, Imam Zaid’s teachings have been transmitted through verbal traditions.

In our opinion, Zaidi school’s most authentic source is Kitab al-Ahkam fil Halal wal Haram written by Imam Yahya ibn al-Husayn al-Hadi (may Allah have mercy on him) who was born in Medina in 245 AH and died in 298 AH. Imam Yahya is known for his efforts to establish a strong and independent Zaidi state in Yemen. He successfully fought against the Abbasid Caliphate and other rivals to maintain his rule, and he is credited with founding the first Zaidi state in Yemen in 280 AH.

The Ja’afari
School of Law, also known as the Twelver Shia school, is one of the five main
schools of Islamic jurisprudence. It is followed by Shia Muslims, who make up a
significant minority within the Muslim world. The school is named after its
founder, Ja’far al-Sadiq (may Allah have mercy on him), who is believed to be
the sixth Shia Imam and a descendant of Prophet Muhammad (peace be upon him).

Imam Ja’afar
al-Sadiq (702-765 CE) is considered the sixth Imam by Shi’a Muslims and is
highly revered by them for his vast knowledge and wisdom. He is also recognized
as an important figure in the history of Islam by Sunni Muslims.

Imam Ja’afar al-Sadiq (may Allah have
mercy on him) was born in Medina, which was the center of Islamic learning at
the time. He was a descendant of the Prophet Muhammad (peace be upon him)
through his daughter Fatima and her husband Ali ibn Abi Talib (may Allah be
pleased with them). Imam Ja’afar al-Sadiq (may Allah have mercy on him), received
his education from his father, Muhammad al-Baqir (may Allah have mercy on him),,
who was considered 4rh Imam by Shia Muslims.

Imam Ja’afar al-Sadiq (may Allah have
mercy on him) was known for his vast knowledge in various fields, including
jurisprudence, theology, philosophy, mathematics, and science. He is credited
with establishing the Ja’afari school of jurisprudence, which is followed by
Shi’a Muslims around the world.

Imam Ja’afar al-Sadiq (may Allah have
mercy on him) is also known for his piety and generosity. He would often give
away his wealth to the poor and needy, and he encouraged his followers to do
the same. He was also known for his kindness and compassion towards animals.

Despite his vast knowledge and wisdom,
Imam Ja’afar al-Sadiq (may Allah have mercy on him), faced many challenges
during his lifetime. He was imprisoned several times by the Umayyad and Abbasid
caliphs due to his opposition to their policies.

Imam Ja’afar
al-Sadiq passed away in Medina in 765 CE, and his tomb is located in the famous
Al-Baqi cemetery in Medina. He is remembered as a great scholar and leader, and
his teachings continue to inspire Muslims around the world.

The Ja’afari School of Law has several
unique features that distinguish it from the other schools of Islamic law. One
of the most notable features is the emphasis on the principle of ijtihad,
or independent legal reasoning. This principle allows for the adaptation of
Islamic law to changing social and cultural contexts. This is in contrast to
the other Sunni schools of law, which generally emphasize taqlid or the
following of established legal precedents.

Another notable feature of the
Ja’afari school is the concept of wilayat al-faqih or the guardianship of the
jurist. This concept holds that an Islamic jurist (faqih) has the
authority to act as a guardian and protector of the Islamic community, and to
make decisions on matters of public interest. This concept has been used to
justify the role of the Supreme Leader in the Islamic Republic of Iran, which
follows the Ja’afari school.

The Ja’afari school also places a
greater emphasis on the use of hadiths narrated by the Shia Imams, as well as
the consensus of Shia scholars, in the process of legal reasoning.
Additionally, the school allows for temporary marriage (mut’ah) in
certain circumstances which has been strongly criticized by Sunni scholars. They
believe that many rulings of the Ja’afari school of law have been wrongly attributed to
Imam Ja’afar al-Sadiq (may Allah have mercy on him) including the permission of
mut’ah.

One should remember that we love and
respect all the members of the Prophet’s family but we do not believe in the
specific doctrine of Imamate proposed by Shia scholars.