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Tag: Maliki School

Schools of Muslim Law (Madhahib): An In-Depth Overview: •Introduction The schools of Muslim law, also known as Madhahib (singular: Madhhab), represent diverse interpretations of Islamic jurisprudence developed by prominent scholars. Rooted in the Quran, Sunnah, Ijma (consensus), and Qiyas (analogy), these schools provide frameworks for legal reasoning (ijtihad) across various regions and cultures of the Muslim world. ✓ Factors Behind the Formation of Schools • Several key factors contributed to the emergence of different schools of Muslim law: 1. Geographical Spread As Islam expanded into different parts of the world, scholars adapted legal rulings to local customs and cultural practices. These adaptations resulted in the formation of regionally distinct madhahib. 2. Legal Reasoning (Ijtihad) Early Islamic scholars practiced ijtihad, deriving rulings independently from the Qur’an and Sunnah. Their varied approaches and methodologies gave birth to different schools of thought. 3. Diverse Juridical Methods Each madhhab developed its own principles of interpreting Shariah sources: • Hanafi: Emphasized istihsan (juristic preference) and custom • Maliki: Gave weight to the practice of the people of Madinah • Shafi’i: Focused on qiyas (analogy) and systemized legal theory • Hanbali: Followed textual evidence strictly and minimally used analogy   • The Four Major Sunni Schools of Law: 1. The Hanafi School Founder: Imam Abu Hanifa (699–767 CE) Region: Widely followed in India, Pakistan, Turkey, Afghanistan, Egypt, and parts of Central Asia. Key Features: • Relatively less dependence on Hadith unless they are of unquestionable authenticity • Strong emphasis on Qiyas (analogy) • Introduction of Istihsan (juristic preference) for fairness in unique cases • Broader scope of Ijma (consensus) Notable Students: Imam Abu Yusuf, Imam Muhammad al-Shaybani — instrumental in spreading and documenting Hanafi jurisprudence. Fun Fact: The Hanafi school is followed by over one-third of Muslims worldwide. 2. The Maliki School Founder: Imam Malik ibn Anas (711–795 CE) Region: North and West Africa, Bahrain, Kuwait, and parts of the Arabian Peninsula. Key Features: • Strong reliance on traditions of the Prophet (Hadith) • Acceptance of Amal Ahl al-Madinah (practice of the people of Madinah) as a legal source • Use of al-Masalih al-Mursalah (public welfare) — a unique principle • Limited use of Qiyas only when no clear text exists Legacy: Imam Malik’s Muwatta is one of the earliest and most authentic collections of Hadith. 3. The Shafi’i School Founder: Imam al-Shafi’i (767–820 CE) Region: Egypt, parts of Syria, Lebanon, Indonesia, Malaysia, Yemen, Palestine, and East Africa. Key Features: • Clear hierarchy of sources: Qur’an → Sunnah → Ijma → Qiyas • Rejected Istihsan (Hanafi) and Masalih Mursalah (Maliki) • Emphasis on legal methodology — authored Al-Risalah, a foundational book in Usul al-Fiqh (principles of Islamic jurisprudence) Notable Pupil: Ahmad ibn Hanbal, who later founded his own school. ∆ Known for its balance between textual evidence and rational deduction. 4. The Hanbali School Founder: Imam Ahmad ibn Hanbal (780–855 CE) Region: Saudi Arabia (official school), parts of Syria, Iraq, and the Gulf. Key Features: • Strict adherence to Qur’an and Sunnah • Use of weak (da’if) Hadith when necessary • Restrictive use of Qiyas and Ijma • Rejected analogical and public interest reasoning unless absolutely needed  Hanbali school forms the legal foundation of Saudi Arabia’s modern legal system. Extinct Sunni Schools Although four schools survived and flourished, some others became extinct over time: • Awzai School – Prominent in 2nd century AH • Zahiri School – Rejected analogy and relied solely on literal texts • Tabari School – Formed by historian and jurist Al-Tabari • Final Thoughts: Why Understanding Madhahib Matters The diversity of Sunni schools of Muslim law reflects the intellectual richness of early Islamic jurisprudence. Each school emerged from sincere efforts to apply divine guidance in different social contexts. Though distinct, they all remain united in core beliefs and reverence for the Qur’an and Sunnah.   ✓Start Your Preparation with TOA At Theory of Abrogation,we equip you with everything you need: •Subject-wise expert classes •Mock test series •Legal current affairs •Personalized mentorship for interview preparation “Your law degree is your foundation, but your preparation is what will build your success.”   ✓ Join Our New Batch Now! Prepare smart. Prepare with Theory of Abrogation. Contact Us: B-109, Commercial Complex Dr. Mukherjee Nagar, Delhi-09 +91 9971399324 | +91 8840961324 [email protected]

Law

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.

Law