Schools of Muslim Fiqh || Schools of Islamic Jurisprudence

Schools of Muslim Fiqh|Schools of Islamic Jurisprudence. Here we’ll cover major Schools of Muslim Jurisprudence, reading this post deeply can clear understanding regarding faculties of Muslim Fiqh like Maliki Jurisprudence, Mohammedan Shafi Fiqh, and so on.

Table of Contents

Introduction:

During the Prophetic (PBUH) era, He (PBUH) did not categorize the injunctions into wajib (imperative), mandub (recommended). haram (forbidden), makruh (disapproved), and mubuh (indifferent). This classification of acts is the work of later jurists and scholars. During the time of the second generation, the independent legal activity was simultaneously going on, in Iraq, Hejaz, and Syria, which was introducing differences in legal opinion due to local, social and regional factors. Now Iraq had further two schools, Kufa and Basra, Hijaz had Mecca and Medina, while Syrian school is known to us through the writings of Abu Yusuf.

The people in Egypt in early stages followed either Iraq or Medina The jurists developed their legal opinions on the decisions of Companions who lived in their respective places, as jurists of Medina based their knowledge on verdicts of Umar (RA), Aisha (RA), and Ibn-e-Umer (RA), while Kufi jurists on Ibn-e-Masood and Ali (AS). The local element was very prominent in the development of early schools. Schools of Islamic law are the systems of interpretation and each school has its own independent set of principles.

Major Schools of Islamic Fiqh:

Following is the indication of major schools of Islamic Fiqh i.e.;

The Hanafi School of Muslim Jurisprudence:

It is also known as Kufi School, of which Imam Abu Hanifa (b 80 AH/699 AD-d 150 AH/767 AD) is the founder, who is usually termed as Imam-e-Azam by Sunni Scholars and is also given the title of leader of Ahl-e-Ra’y. Abu Hanifa was the student of Imam Jafter-Sadiq (AS) and after his death, his pupil Al-Shaybani compiled his work in the shape of books like Zahir-al-Riwaya and Al-Nawadir. Kitab-al-Hujjah ala Ahlal-Medina, Al-Athar, both on traditions. Further Abu Yusuf also wrote Al-Athar and Kitab-al-Kharaj, which given to the school. The followers of the Hanafi sect have divided their law into two general branches, Figh (Law-religious and secular) and Faraiz (succession and Inheritance). The main characteristics of this Institute are;

Greater reliance on Qiyas.

A little extension of the scope of lima, and

Evolving the doctrine of Istehsan.

Abu Hanifa is reported to be a great more profound of Qiyas and Istihsan. He preferred to Say over many traditions. Abu Hanifa had famous pupils like Abu Yusuf, Al-Shaybant, and Muhammad, who played a vital role in the development and expansion of his Fiqh. The School predominated in the Abbasside period, Ottoman era, and Mughal era. It is the major school Muslim world having influence in states like; Pakistan, Iraq, Bangladesh, India, Turkey, Afghanistan, Syria, etc.

The Maliki School of Muslim Jurisprudence:

It is also termed Medina School or Hijazi School. Imam Malik Ibn Anas (b.93AH-d.17 AH) is the founder of the school and his authority as a traditionalist is undisputed. His most famous book is al-Mosta, which comprises both traditions and Fiqh. Muhammad Ibn-al Hassan and Al Shafi are the most famous pupils of Malik. Ibn-e-Rushd also belongs to this school. Ahlal-Hadith are usually associated with Maliki methods. Malik preferred analytical thinking. This school recognizes Istiksen, Maslaha, and Sadd-al-Dhariah, Imam Malik gave importance to the practice of the people of Medina over Qiyas. He accepted Khabr-e-Wahid if it corresponded with the practice of the people of Medina This school has followers in Spain. North Africa, Central, and West Africa, Eastern Arabia, Kuwait, Qatar, Libya, Bahrain, etc.

The Shafi School Muslim Jurisprudence:

Imam Shafi (b.150 AH-d.204 AH) is the founder of this school. Imam Shafi spent some time with Al-Shaybani and Imam Malik. He toured a lot in his early years. He wrote two famous books; al-Risale and Kitab-al-Umm. The basic rule followed by Imam Shafi was that where a sound and muttasil (connected) tradition is available, it must be followed without hesitation He also wrote on rules of literal construction, discussed Qiyas, Ijma, and Istihsan with emphasis on Sunnah. He did not give much weight to the practices of the people of Medina and opinions of Companions. He also criticized the Hanafi and Maliki approach to Istihsan. He rejected Ra’y to find rule of law. According to him, there were four sources of Islamic law Le. Quran, Sunnah, lima and Qiyas. He attempted to reconcile the terms of conflicting traditions. He was of the view that only Quran could abrogate Quran and Sunnah could not. His scheme embodied a compromise between Divine revelation and human reason in law and thus endeavored to reconcile the basic conflict of principle in the early schools between the Ahl-e-Ra’y and ahlak Hadith.

The followers of this school are found in Egypt, Indonesia, Malaysia, Saudi Arabia, Yemen, Palestine, etc.

The Hanbali School of Muslim Jurisprudence:

Imam Ahmed Ibn-e-Hanbal (b.164 AH-d.241 AH) is the founder of this school. For some time, he remained a pupil of Imam Shafi. His major book is Masnad-al-Imam Ahmed. His teachings are similar to Shafi School; however, he accepted mursal traditions over general principles and Qiyas.

Al-Musnad (by Ahmed bin Hanbal) and Al-Mughni (voluminous commentary by Mawaffaq bin Qudama Al-Maqdisi) are famous books.

The followers of this school are sometimes termed Wahabis and are found in Saudi Arabia, Pakistan, and India.

The Jafferi School Muslim Jurisprudence:

It is also known as, Shia School of Fiqh-e-Jafferia. Imam Jaffer-e-Sadiq (AS) (b. 83 AH d.148 AH) is the founder of this school. As per Shias, He (AS) is the sixth imam out of a total of twelve. The concept of Imam under Shia jurisprudence is different from Sunnis, which forms the most distinctive feature of the differences between both. Imam Abu Hanifa was one of the pupils of Imam Jaffer e Sadiq (AS). Shia school does not recognize Qiyas, the doctrine of maslaha mursala, and Istehsan as a valid source of law. Shias only recognize Ijma in which any of the Ahl-e-Bait was present. If any edict does not tally with the proximity of findings of any of their Imams, they straightaway reject. it. Shia jurisprudence is a bit different from the Sunnis in the matters of inheritance, marriage, divorce, legitimacy, etc.

Kitab-al-Kafi (by Muhammad bin Yaqub Al-Kulini), Man ta’ Yahzuruh al-Faqih (by Ibn Babwaih al-Qummi), Tahzib-al-Ahkam (by Muhammad bin Hassan al-Tusi); and Al-Istibar (by Abu Jafar Muhammad bin Hassan al-Tusi) are few of the famous books.The followers of this school are found in Iran, Syria, Lebanon, Iraq, Bahrain, Yemen, Pakistan, and India.

List of Works of Authority on Sunni and Shia Law;

Hanafi School Effort:

Fiqh-ul-Akbar by Imam Abu Hanifa.

Hedaya by Burhan-ud-Din in Persian and translated into English by Charles Hamilton Many glosses have been written on Hedaya, Inaya, Nihaya and Fath-ul-Qadir are important among them”.

sirajiyah a book on the law of inheritance.

Darul Mukhtar by Muhammad Al-ud-Din Ruri Shaikh Alial Hishkat.

Works of Imam Muhammad. They are: (4) Jami-ul-Kahvt (b) Jami Saghir Meh (d) Farul Hanifyat; (e) Zaidati Fanul Hanifyat (0) Syar al-Kalvi, and (g) Nawadir.

Sirajiyah, most authoritative work on Sunni law of inheritance There are route commentaries of it, one important being Sharifiyah.

Jama-as-saghir by Imam Muhammad.

Kitab-fil-Usul by Abu al Hassan al Karkhi.

Massallim-us-Saboor by Muhib-ud-Din Abdush Shakoor.

Maliki School Effort:

Al-mudawwana, comprises the decisions of Malik, narrated by Sahnun through the chains of the students of Malik.

Kitab-al-Sunna transmitted by ibn Wahab or by Abd Allah al-Misri.

Kitab-al-Manasik transmitted by Ihn Wahab.

Risala-fil-Fatwa transmitted by Khalid Ibn Nazzar and Muhammad Ibn Muttarif

Risala-fil Akdiya by Abd Allah ibn Abd-al-Djalit.

Kitab-al-ummah by Imam Shafi, which is on Islamic law and jurisprudence.

Ar-Risala by Imam Shafi.

Jama-ul-Jawameh by Taj Deen.

Mukhtasar by Abu Khoja.

Takrib by Shamsuddin Ibne Abdullah.

Hanbali School Effort:

Al-Musnad, a famous book of Hadith compiled by Ahmad bin Hanbal.

Al-Mughni, voluminous commentary by Mawaffaq bin Qudama Al-Maqdisi.

Kitab-al-Zuhd supplemented by Abd Allah (son of Hanbal).

Jaffar School Effort:

Kitab-al-Kafi by Muhammad bin Yaqub Al-Kalini.

Man-La-Yazurah al-Fiqh by Ibn Babwaith Al-Qummi.

Tahzib al-Ahkam by Muhammad bin Hassan al-Tusi.

Al-Istibsar by Abu Jafar Muhammad bin Hassan al-Tusi.

Sharaya-al-Islam by Shaikh Najm-ud-din.

Mafaith by Muhammad Bin Murtaza, surname Muhsan.

Mabsoot, Nijaya and Muhit by Abu Jaffar of Tus, known as Sheikh-ul-Allamah
Jammu-ush-Shittat, a collection of decisions and dicta by the leading mujtahideen of Tehran.

Rauzat-ul-Ahkam by three mujtahideen of Oudh’

As stated earlier, Muslims are divided into two major sects namely, the Sunnis and the Shias The Sunnis are further divided into four sub-sects namely the Hanafi’s, the Malikis, the Shafais, and the Hanbalis. As most Sunnis are Hanafi [in Pakistan], the presumption is that a Sunni is governed by Hanafi law. The Shias are divided into three main sub-sects, namely the Athina-Asharia, the Ismailyas, and the Zaidyas. As most Shias are Athna-Ashri. the presumption is that a Shia is governed by the Athna-Ashria exposition of law. Each sect is governed by its own laws. The three great exponents of Hanafi law are Abu Hanifa, the founder of Hanafi School, and his two disciples, Abu Yusuf and Imam Muhammad. It is the general rule of interpretation of Hanafi law that where there is a difference of opinion between Abu Hanifa and his two disciples, the opinion of disciples prevails, where there is a difference of opinion between Abu Hanifa and Imam Muhammad, that opinion is to be accepted which coincides with the opinion of Abu Yusuf. When two disciples differ from their master and from each other, the authority of Abu Yusuf is generally preferred Where there is a conflict of opinion and no specific rule to guide the court, the court ought to follow that opinion which is most by justice, equity and good conscience.

You may also like to read Introduction To Islamic Jurisprudence

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