What are the different Schools of Muslim Law?

Following the death of Prophet Muhammad, differences over leadership led to the formation of Sunni and Shia sects, each developing distinct schools of law within Islam. The Sunni sect comprises four main schools—Hanafi, Maliki, Shafi’i, and Hanbali—while the Shia sect includes Ithna Ashari, Ismaili,

What are the different Schools of Muslim Law?

Deep dive into this article, listen to our podcast!

Introduction

Following the death of Prophet Muhammad, a dispute emerged regarding the leadership of the Muslim community. This disagreement led to the formation of two key sects: Sunni and Shia. The Sunni group advocated for electing the Imam, the community’s temporal leader, while the Shia group believed that leadership should be inherited by Ali, the Prophet’s son-in-law, and Fatima, his daughter.

These sects laid the foundation for different schools of Islamic law, all of which are rooted in the Quran and the Prophet’s teachings. Where explicit guidance was lacking, scholars developed their own interpretations, referred to as Qiyas. These scholarly interpretations, alongside other sources such as Hadis and Ijma, contributed to varying legal opinions, which in turn gave rise to distinct schools of thought.

Despite these variations, all schools are recognized as valid, with no single one being considered superior or on the right path. Followers of any school are viewed as adhering to a valid path in Islamic law, even though differences in interpretation may lead to conflicting judgments.

Schools of Muslim Law

Muslim law is divided into two primary sects, Sunni and Shia, each with its own schools of thought. The Sunni sect has four major schools of law, while the Shia sect includes three prominent schools. Together, these schools shape Islamic jurisprudence and offer diverse interpretations of Islamic teachings.

Sunni Schools of Law

1. Hanafi School 

The Hanafi school, founded by Imam Abu Hanifa, is the earliest and most widely followed Sunni school. Initially known as the Koofa School, it was later renamed in honor of its founder. This school emphasizes the use of Qiyas (analogical reasoning) and Ijma (consensus of scholars) when the Quran and Hadith do not provide clear guidance. It allows for flexibility in interpretation, giving weight to local customs and usages. It is the dominant school in many countries, including India, Turkey, Pakistan, and parts of the Middle East.

2. Maliki School 

Founded by Imam Malik bin Anas, the Maliki school emerged in Medina and gives great importance to the practices of the Prophet’s companions. It relies heavily on Sunnah (Prophetic traditions) and Hadith as primary sources of law, and follows the principle of Al-masalih al-mursalah (public interest) when needed. The Maliki school is predominant in North Africa, including countries like Morocco, Algeria, and Tunisia.

3. Shafi’i School 

Imam Muhammad ibn Idris al-Shafi’i, a student of both Hanafi and Maliki scholars, founded the Shafi’i school. This school harmonizes the methodologies of the Hanafi and Maliki schools, while establishing a structured approach to the sources of law, including the Quran, Sunnah, Ijma, and Qiyas. It is followed in regions such as Egypt, Indonesia, and parts of India. The Shafi’i school is noted for its emphasis on systematic jurisprudence.

4. Hanbali School 

The Hanbali school, founded by Ahmad ibn Hanbal, is known for its strict adherence to the Quran and Hadith. It largely rejects the use of Qiyas and other forms of speculative reasoning, emphasizing a literal interpretation of the texts. The school is followed primarily in Saudi Arabia and has been influential in shaping the legal framework of that region.

Shia Schools of Law

1. Ithna Ashari (Twelver) 

This is the largest Shia school, primarily found in Iran and Iraq. Followers of the Ithna Ashari school, also known as the Twelvers, believe in a line of twelve Imams, the last of whom is in occultation and will return as the Mahdi. The school shares many legal principles with Sunni schools but differs in areas such as Mut’ah (temporary marriage), which is considered permissible.

2. Ismaili School 

The Ismailis, also known as the “Seveners,” accept only seven Imams, diverging from the Twelvers after the death of the sixth Imam. The Ismailis are divided into several sub-sects, including the Kohajas, followers of the Aga Khan, and the Bohras, further divided into Dawoodi and Sulaimani groups. The Ismaili school has a presence in Central Asia, East Africa, and parts of the Middle East.

3. Zaidi School

The Zaidi school, predominant in Yemen, was founded by Imam Zaid and emphasizes the election of the Imam based on merit. Unlike other Shia groups, the Zaidis hold that the Imam should be a political and spiritual leader, chosen by the community. They are known for their activist approach and rejection of some of the philosophical tenets of the Twelvers.

Other Schools of Muslim Law

Besides the Shia and Sunni schools, there are other significant schools in Islamic jurisprudence that exist outside these two major sects:

1. Ibadi School

The Ibadi school neither belongs to the Shia nor Sunni sects. It claims to trace its origins back to the time of the 4th Caliph, Ali. One of the distinguishing features of this school is its preference for the Quran over the Sunna, giving less importance to the latter. The Ibadis primarily reside in Oman.

A notable aspect of this school is its emphasis on Ijtihad (personal reasoning), which is given significant weight in Ibadi thought. This practice of personal reasoning has been partially accepted by Sunnis but completely rejected by Shias. The school has maintained its independent identity through this reliance on individual interpretation and reasoning, making it distinct from both major sects of Islam.

2. Ahmadiya School

The Ahmadiya school, though its followers claim to be Muslims, differs significantly from mainstream Islam. It was founded in the 19th century by Mirza Ghulam Ahmad, who hailed from the British-controlled Indian subcontinent, specifically from Khadiyan, a village in Punjab, India. His followers are often referred to as Kadhiyanis.

Though the Ahmadiya school claims to follow Islam, it has been widely rejected by Muslim governments due to its beliefs, which are seen as contradictory to traditional Islamic teachings. Notably, Ahmadiyas do not believe Prophet Muhammad to be the last prophet and claim that divine communication with holy servants continues even after the Prophet’s death.

The Ahmadiyas also have several other key differences from mainstream Islam:

  • Prophethood: Unlike Muslims, they include figures like Buddha, Krishna, Zoroaster, and Ramchandra in the list of Prophets and claim their belief is based on the Quran, although non-Ahmadi Muslims do not accept this.
  • Caliphate: Ahmadiyas do not recognize the Sultan of Turkey as the rightful Caliph, and they advocate that Muslims should remain loyal to the governments of their respective countries.
  • Jihad: While many Muslims believe in a holy war or Jihad to spread Islam, the Ahmadiya school holds that Islam will be spread through peaceful means—arguments and heavenly signs rather than by the sword.

Because of these theological differences, the Ahmadiya school is not recognized as part of mainstream Islam by the broader Muslim community.

Conclusion

Muslim law, rooted in the teachings of the Quran and Prophet Muhammad, has given rise to various schools with differing interpretations on matters not explicitly addressed by the Quran. The major divisions, Shia and Sunni, are themselves further divided into multiple schools, each with its own practices and beliefs. However, all these schools ultimately aim to follow the path laid down by the Quran, despite their varied interpretations. As a result, these different schools can be seen as distinct paths leading to the same destination, devotion to the core teachings of Islam.

What is the Doctrine of Lis Pendens under the Transfer of Property Act?
What is the Doctrine of Lis Pendens under the Transfer of Property Act?
The Doctrine of Lis Pendens, under Section 52 of the Transfer of Property Act, 1882, prevents property transfers during ongoing litigation. It ensures the disputed property's status remains unchanged, protecting litigants' rights and upholding judicial authority.
What is the process for the inspection, inquiry, and investigation of companies under The Companies Act, 2013?
What is the process for the inspection, inquiry, and investigation of companies under The Companies Act, 2013?
The Companies Act, 2013 outlines processes for inspecting, inquiring, and investigating companies to ensure transparency and prevent fraud. Authorities like the Registrar, Central Government, and SFIO can scrutinize records, investigate misconduct, and protect shareholder interests.
What is the Doctrine of Part Performance under the Transfer of Property Act?
What is the Doctrine of Part Performance under the Transfer of Property Act?
The Doctrine of Part Performance, under Section 53A of the Transfer of Property Act, 1882, protects transferees who act in good faith on an unregistered property agreement. It ensures fairness by barring transferors from denying rights after part performance of the contract.
Powered by Lit Law
New Chat
Sources

Ask Lit Law