Sunni Schools of Islamic Jurisprudence

Islamic Jurisprudence Project

Jamia Millia Islamia

Faculty of Law

Submitted To:- Submitted By:-

Dr. Ghulam Yazdani Harsh Dixit

B.A. LL.B (Hons.), S.F, 3rd Semester

Roll No:- 23
 Acknowledgment
It is not possible to prepare a project report without the assistance and encouragement of other
people. This one is certainly no exception. On the very outset of this project I would like to
extend my sincere and heartfelt obligation towards all the personages who helped me in this
endeavor.

I would like to express my special thanks of gratitude to Dr. Ghulam Yazdani who gave me the
golden opportunity to work on this wonderful project „Sunni Schools of Islamic Jurisprudence‟.
It helped me in doing a lot of research through which I came to know about so many new and
important things.

I would also like to thank my parents for their moral and financial support for this project.
 Contents
1. Introduction
2. The Hanafi School
3. The Maliki School
4. The Shafii School
5. The Hanbali School
6. Conclusion
Introduction:-

The Holy Qur‟an, Tradition and Ijtihad are the three main sources of Islamic law which
govern and regulate all aspects of a Muslim‟s public and private life. These laws relate to
religious worship, prohibitions, and all contracts and obligations that arise in social life such as
inheritance, marriage, divorce, punishments, conduct of war and the administration of the state.
The science of these religious laws is called Fiqah and the expert in this field such as a jurist is
called a faqih (plural: fuqaha). According to Ijtihad, or the exercise of judgment, is a valid source
of Islamic laws in areas where the Holy Qur‟an and the Traditions are not explicit. But the
exercise of this independent judgement can only be left in the hands of proper scholars of the
Holy Qur‟an and the Tradition.

The vast majority of Muslims give this right of independent reasoning to only four ancient
Muslim theologians and jurists who lived in the first three centuries of Islam. The death of the
Prophet Muhammad in 632 BCE constituted a major crisis for the fledgling Muslim Community.
The question of succession divided the Muslim Community into two distinct religio-political
communities of interpretation, designated subsequently as Sunnis and Shias. Although this
schism was initially the result of political factionalism, it gradually gained theological
characteristics as well. Even so, there is no clear distinction between Shia and Sunni Islam. In
addition, both of these denominations can be divided into subcategories of interpretation: there
are different branches of Shia Islam just as there are different branches in Sunni Islam.

Given the political instability and socio-religious factionalism among the early Muslims,
various madhab (schools) of thought within Islamic jurisprudence emerged. In the first 150 years
of Islam. Most of them were short-lived, either becoming extinct or merging with other schools.
Today, Hanafi, Maliki, Shafii, Hanbali (Sunni), Jafari, Zaydi (Shiite), these schools offer
different legal interpretations about issues that are not addressed in the Quran and Hadith
(traditions concerning the life and utterances of the Prophet Muhammad), in terms of the
fundamental principles of Islam, they share common ground. Although a number of other jurists
also became popular during their times, only the above four are now recognised by the vast
majority of Sunni Muslims. These four great jurists and theologians tried to systemize the
Islamic law into a comprehensive rational system which covered all possible legal situations. The
four prominent schools of Islamic law are named after their founders and are called the
Hanafiyya, the Malikiyya, the Shafiyya, and the Hanbaliyya schools of religious law.

Most Muslims regard these four schools as equally valid interpretations of the religious law
of Islam. These schools are in good agreement on all essential aspects of the religion of Islam.
They all acknowledge the authority of the Holy Qur‟an and the Traditions as the ultimate source
of the Islamic law. Only in areas and situations where these two sources are silent, do the four
schools use their independent reasoning in which they may differ with each other. The framing
of Islamic law in the first four centuries of Islam is of great significance to scholars. During this
period, the Islamic diaspora was in the earliest part of its development, establishing its identity
and developing the foundations of its knowledge principles. These times were tumultuous; yet, at
the same time, what occurred during these early centuries formed the bedrock upon which a
further millennium of growth has taken place in this global religion. Many forces were
interplaying during these early years in the context of Islamic law1.

1
Sunni Schools of Islamic Jurisprudence available at: https://fanack.com (last visited on Nov 13, 2019).
The Hanafi School:-

The Hanafi School is one of the four major schools of Sunni Islamic legal reasoning and
repositories of positive law. It was built upon the teachings of Abu Hanifa (d. 767), a merchant
who studied and taught in Kufa, Iraq and who is reported to have left behind one major work, Al-
Fiqh al-Akbar.

Although the foundation of Islamic Jurisprudence was laid down in the epoch making period of
Prophet Mohammad, the systematic work of codification of Islamic law was only commenced by
Imam Abu Hanifa in the 2nd century of Islamic era of Kufa, the famous city of learning.

The expansion of Islam beyond the borders of Arabia, the foundation and organization of the
Caliphate, the extension of Islamic state and accession of new lands into it resulted into contract
of different cultures and races. The simple Islamic society has to face various political, social and
legal problems. It was Imam Abu Hanifa, who felt the need of time and with a sacred goal to
preserve the divine law of Islam as ordained by God in Quran in the light of the precepts of the
Prophet, he started the systematic study of Islamic Jurisprudence and began the codification of
Islamic law.

Imam Abu Hanifa based his doctrines on Quran and Hadith. He regarded the Quran as the first
and primary source of deducting the form of rituals bearing on Civil and Criminal laws, or for
deducting the moral principles which should govern a case. Next, the tradition, which being
narrated by different persons in varying manner.

While the Hanafi madhab, along with other Sunni schools, utilizes qiyas (analogical reasoning)
as a method of legal reasoning, Abu Hanifa himself relied extensively on ra‟y (personal opinion).
It is said that he was very strict and cautious in relating the traditions of prophet as forgery had
become common in his days. He narrated only seventeen traditions and preferred qiyas or
analogy, which means the analogical deductions from passages occurring in the Quran tested by
his own opinion. He relied less upon the traditions in arriving at legal conclusions and more upon
2
analogical deductions than the other jurists.

2
Mohammad Hameedullah Khan, The Schools of Islamic Jurisprudence 63(Kitab Bhavan, New Delhi, 3rd edn.,
2001).
He was the first jurist to give prominence to the doctrine of Qiyas or analogical deduction and set
up a regular machinery to deduce principles by was of Qiyas or analogical deduction. He adopted
the following methods:

1. As per contents of verse

2. As per reasons of a verse
3. As per indication of a verse
4. According to purpose of a verse

He also favored the use of istihsan, commonly known as juristic preference, which, in some
circumstances, can operate to ameliorate harsh consequences that might otherwise flow from
strict legal reasoning, and which is believed by some to be based on principles of equity as
interpreted by the jurist. Hanafi doctrines have always been considered among the most flexible
and liberal in Islamic law, including in the areas of criminal law, treatment of non-Muslims,
individual freedoms, marriage and guardianship, and ownership and use of property. 3

Abu Hanifa also accepted the doctrine of Ijma or consensus of opinion. His view regarding the
Ijma is more comprehensive and broad than many of his contemporary jurists. He affirmed its
validity in every age.

Officially adopted by the Ottoman Turks in the 16th century and codified in the Mejelle, Hanafi
jurisprudence remains the most influential school in the world today and is used in Jordan,
Lebanon, Pakistan, Syria, Turkey, and the United Arab Emirates. With respect to family and
personal law issues, Hanafi fiqh predominates in Bangladesh, Egypt, India, Iraq, Pakistan, Syria,
and, for significant minority populations, in Iran and Malaysia.

Like the other schools, the Hanafi School derives its Interpretation from the Quran and Hadith.
When these sources are ambiguous on an issue, the consensus of the Prophet Muhammad‟s
companions is relied upon. Then the individual opinion of the prophet‟s companions is sought,
and finally local customs. Abu Hanifa is regarded by modern scholars as the first to formally
adopt and use qiyas (analogical reasoning) when the Koran and Hadith are silent or ambiguous in
their guidance.

3
Aqil Ahmad, Mohammedan Law 35(Central Law Agency, Allahabad, 22nd edn., 2006).
 As a theologian and a religious lawyer, Abu Hanifa exercised considerable influence in his
time. His legal thought is very consistent, uses high degree of reasoning, avoids extremes, and
lays great emphasis on the ideas of the Muslim community. The Ahmadi Muslims generally
follow the Hanafi School of law.

The Maliki School:-

Maliki School of Islamic Jurisprudence which is also known as Madani School commenced
its life from Madina city of learning. It founded by Imam Malik bin Anas (d. 795 A.D.) of
Medinah and reflects the views and practices associated with that city. He was born in the holy
city of Madina, and his fame spread throughout Hijaz. On the account of his disagreement with
Imam Abu Hanifa, Imam Malik became the leader of the school of tradition (hadith), while
Imam Abu Hanifa was the leader of the school of opinion (ra΄i). Yet, most Muslim governments
were supportive of Imam Abu Hanifa.

Imam Malik served as a judge in Medinah and compiled all his decisions in a book form called
al-Muwatta (the Levelled Path). Like the jurists of Iraq, Imam Malik preferred to depend more
on the Traditions associated with the Companions of the Holy Prophet. He attached a
prepondering weight to the usages and customs of Medina, relying on the presumption that they
must have been transmitted from the times of the Prophet.

Another conception which Malik and his School developed into greater exactitude and force was
that of agreement (Ijma). The Malikis recognize the validity of Ijma of the companions and their
successors residing at Madina without reference to the opinion of others. Malikis recognize the
authority of Ijma not merely in matters of law and religion but also in other matter such as
organization of army, preparations for war and in other matters of administration of the state.

Qiyas is defined by Malikis as “The accord of a deduction with the original text in respect of the
Illat or effective cause of its law”. An analogical deduction may be founded according to the
Malikis on the law established either by text of the Quran or Hadith which has not been repealed
or by a unanimous decision of the learned. The rule so deduced must not be opposed to a text law
nor covered by the words of a text. In other words, an analogical deduction is to be in the nature
of a corollary of the text law.
 The Maliki School differs slightly from the three other schools of jurisprudence in Sunni Islam,
most notably in the sources it uses to derive rulings. Although it follows other schools in its use
of the Quran as a primary source, it relies less on the hadith. Additionally, the practice of the
people of Medina (amal ahl al-medina) is used as a source, which is different from other schools.
This source sometimes takes precedence over the Hadith, since the practice of the people of
Medina was considered a „living Sunnah‟ (the body of traditional social and legal custom and
practice), because the Prophet Muhammad lived in Medina, formed a government there and died
there. Furthermore, most of his companions lived there during his life and after his death. In
addition to the above jurisprudential differences, there are slight differences in the preferred way
to pray. According to the majority of ulama (Muslim scholars) in the Maliki school, during
prayer the hands should be placed at the sides, which is similar to how Shiites pray. However,
the more common Sunni practice of joining the hands beneath the chest, right hand over left,
does not invalidate the prayer.

Maliki Doctrine of Public Good (Istislah) – Imam Malik propounded a doctrine somewhat
similar to juristic equity or preference. He would allow a deduction of law to ne based on general
considerations of the public good. In the School of Imam Malik subjective elelment in ray has
been recognized as legitimate, it is called Istislah (consideration) of what is beneficial or
expedient. This right is to set aside the ruling based on methodical analogy in favor of the
judgement of a competent jurist.

There is no great distinction between the principle of istihsan of Imam Abu Hanifa and the
Maliki doctrine of public good as the aim of both is to reduce the rigidity of law in the interest of
public good or welfare, which is the basic aim of Islamic legislation.

However, the Istislah as a principle of public utility is sound one, only thing is that in its
application, strict care must be taken so that it may not exceed the limit and must be within the
ambit of textual law of Islam. For example, a decision of Imam Malik regarding lost husband, he
decided keeping in view the welfare of the society and the wife that she could marry after a lapse
of 4 years.4

4
Aqil Ahmad, Mohammedan Law 43 (Central Law Agency, Allahabad, 22nd edn., 2006).
The Shafii School:-

The Shafii School is named after its founder, Imam Shafii (767-820). He belonged to the tribe of
Quraish, he was a Hashmi and thus, remotely connected with the Prophet. From 804 to 810, he
was taught by Malik ibn Anas, the founder of the Maliki School. Shafii‟s most important books
are ar-Risalah („the message‟) and al-Umm („the mother‟). One of the most notable followers of
the Shafii School was the Persian scholar Imam al-Ghazali (1058-1111), the influential
philosopher and theologian.

Imam Shafi is regarded as one of the greatest jurist in the history of Islamic jurisprudence.
Modern critics place Imam Shafi very high as a jurist. He is the creator of the classical theory of
Islamic Jurisprudence and is regarded as founder of the science of usual. He may be described as
an intermediary between the independent legal investigation and the traditionalism of his time.

The school recognizes five sources of jurisprudence as having the necessary authority: the
Quran, Hadith, ijma (the consensus of scholars or of the community), the individual opinions of
Prophet Muhammad‟s close companions and, finally, qiyasy. Imam Shafii significantly limited
the scope for using qiyas in deriving Islamic law.

Imam Shafi based his doctrines on Holy Quran. He says the Quran is the basis legal knowledge.
He further stated that Quranic communication can be abrogated only by another communication.
According to him the Quran serves the double purpose of supplying raw material for legislation,
as the basic source of law and an inspiring ideal for scholar who aimed at shaping his system of
law in harmony with that model.

Imam Shafi Stressed on the Prophet‟s Sunna next to Quran. He was upholder of the traditions
and adopted middle course in following traditions between Imam Abu Hanifa and Imam Malik.
He said „God‟ has imposed the duty on men to obey his divine communications as well as the
Sunna of his apostle. He even said that the Sunna is established only by tradition going back to
the prophet not by practice or consensus.

Imam Shafii was strong supporter of the doctrine of Ijma. By ijma (consensus) Shafii does not
mean merely the agreement of a few scholars of a certain town or locality but the consensus of
the majority of leading jurists in Muslim lands. He in fact universalized the institution of Ijma
and made a doctrine for all people of all ages.
Imam Shafii was the first jurist who maid down regular rules for Qiyas or analogical deduction.
He defined Qiyas as “The accord of a known thing by reason of the equality of the one with the
other in respect of the effective cause of its law.” He tried, however to limit the use of analogy to
matters of details, it cannot supersede an authoritative text. Neither should it be based on a
special or an exceptional precedents, analogy must conform to the spirit and the general rules and
principles of law.

The Shafii School predominates in Kurdistan, Egypt, Yemen, Indonesia, Thailand, Singapore,
the Philippines, Sri Lanka, Palestine, Syria, Brunei and Malaysia. Although the school is
considered to be one of the more conservative, many of its followers uphold liberal views in
interpreting Islam.5

The Hanbali School:-

The Hanbali school is named after the Iraqi scholar Ahmad ibn Hanbal (d. 855), who was a
disciple of Imam Shafii. Until the emergence of the House of Saud in the Arabian Peninsula, the
school did not enjoy any patronage or support from a serious political force. Indeed, its
legitimacy was not always accepted. Today, it is regarded as the smallest of all the Sunni schools
of jurisprudence, found mainly in Saudi Arabia and Qatar. Although Hanbali is the most
conservative of the Sunni schools, it is considered liberal in most commercial matters.
„Conservative‟ here refers to adherence to a strict interpretation of Islam through a literal
understanding of the Koran and Hadith. Wahhabism, which is one of the strictest and most
influential movements within Sunni Islam, is rooted in the Hanbali School. After Mohamad ibn
Abdul Wahhab (d. 1791), Ibn Taymiyyah (d. 1328) was one of the most notable and
controversial Hanbali scholars. His strict beliefs are thought to have had a considerable influence
on contemporary Wahhabism and Jihadism.

The Hanbali school recognizes as sources of law the Quran, Hadith, fatwas (decrees) issued by
the prophet‟s companions, the opinions of individual companions, traditions with weaker chains
of transmission or lacking the name of a transmitter in the chain, and Qiyas when absolutely
necessary. The school encourages independent reasoning (ijtihad) through the study of the Quran

5
Sunni Schools of Islamic Jurisprudence available at: https://fanack.com (last visited on Nov 13, 2019).
and Hadith. It also rejects taqlid, or blind adherence to the opinions of other scholars, and
advocates a literal interpretation of textual sources.

He made use of traditions extensively. His interpretation of Hadith then was literal and
unbending. He learned so much on Hadith that it is said he accepted even weak Hadith and did
not adhere to the strict principle of scrutining the transmission of Hadith.

He made a little use of Ijma due to dependence on Hadith. He allowed Qiyas merely in sheer
necessity and always tried to derive law from traditional sources. He accept the validity of Qiyas
generally in matters which are the rights of men (e.g. appraising the value of property destroyed
6
by a trespasser) and are ascertained by exercise of our senses and reason.

Conclusion:-

Even though these schools offer different legal interpretations about issues that are not addressed
in the Quran and Hadith (traditions concerning the life and utterances of the Prophet
Muhammad), in terms of the fundamental principles of Islam, they share common ground.

The basis on which all schools of Islamic Jurisprudence developed their doctrines is the same
and it is only in matters of secondary nature, they differ to each other. These differences are due
to various methods of their interpretation of the Holy Quran and Sunna, the fundamental sources
of law.

6
Aqil Ahmad, Mohammedan Law 56(Central Law Agency, Allahabad, 22nd edn., 2006).
 Bibliography
 Aqil Ahmad, Mohammedan Law (Central Law Agency, Allahabad, 22nd edn., 2006).
 Mohammad Hameedullah Khan, The Schools of Islamic Jurisprudence (Kitab Bhavan,
New Delhi, 3rd edn., 2001).
 Sunni Schools of Islamic Jurisprudence available at: https://fanack.com (last visited on
Nov 13, 2019).