theoryofabrogation

Tag: Islamic Legal Principles

Schools Of Muslim Law

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.

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