Introduction:-
- Schools mean thoughts.
- Schools under Muslim Law are two:-
- Sunni school; &
- Shia
- The division between Sunni and Shia schools is not based on theological ground
- It is based on political grounds with respect to the appointment of a caliph and increased with the passage of time.
Caliphs:-
- Abu Bakr
- Hazrat Umar
- Hazrat Usman-e-gani
- Hazrat Ali
Schools under Muslim Law:-
Sunni school’s sub-schools:-
Hanafi School:-
Founder:-
- Imam Abu Hanifa founded the Hanafi school
- Imam Abu Hanifa was born in 80 A.H.at Qufa.
- He has constituted a committee of forty people for the purpose of Codifying Islamic law and this committee took 22 years to complete its work.
- Hanafi School has solved almost 5 lakh legal problems.
- This collection is known as Kutubh-Abu-Hanifa.
- He died in 150 H. at the age of 70.
Features:-
The Quran is the most important source of Muslim Law, having dual purposes Provides law and Confers authority to another source.
- All traditions of the Prophet are not important only traditions that are established/approved and beyond doubt are important.
- Ijma can be of any age according to the changing needs of society/time.
- He accepted analogical deduction as a valid source of
- He founded a new doctrine called the Doctrine of Juristic Preference.
Maliki School:-
Founder:-
- Maliki School was founded by Imam Malik.
- Imam Malik was born in Madina
- He wrote a book called Muwatta.
Features:-
- The Quran is the most important source of the law.
- He was in favor of those traditions which was similar to the practices of the people of Madina.
- He validates the Ijma of jurists and their successors.
- He preferred analogical deduction which was in consonance/conformity with the Quran and the traditions of the Prophet.
- He founded a doctrine of Public Good.
Shafi’i School:-
Founder:-
- Imam Shafi’i was born in Ghaza, Palestine.
- He belongs to the tribe of ‘Quresh’ and was a ‘Hasmi’, remotely connected with Prophet.
Features:-
- The Quran is the source of legal knowledge.
- He preferred sunnat over hadith.
- He was a strong supporter of Ijma
- He accepted and formulated a detailed rule into the application of analogical deduction as a source of Law
- He rejected both the doctrines of Imam Hanifa and Imam Malik..
Hambali School:-
Founder:-
- Imam Muhammad Hambal was the founder of this School
- He was born in Baghdad.
- He belonged to the family of Shayban
- Abu Hanifa. was one of the famous disciples of Imam Abu Abu Hanifa.
Features:-
- The Quran is the most important source of law.
- He accepted every kind of Tradition.
- He accepted but rarely used Ijma as a source of Law.
- He used Qiyas only in Share of necessity.
Shia school:-
-
Ithnā ʿAsharīyah:- believes in twelve Imam
-
Ismailiya:- believes in seven Imam
- Zaidiya:- believes in four Imam
PREPARED BY:-
PUJA DWIVEDI, BIHAR UNIVERSITY.
