Sources of Shariah
Outline
 Introduction
 Sources of Shariah
 Concept of Fiqh & Usul al Fiqh
 Five Schools of Fiqh
 Hanafi School of Fiqh
 Formation& Sources of Law
 Main Students & Followers
 Malikee School of Fiqh
 Formation& Sources of Law
 Main Students & Followers
 Shafi’ee School of Fiqh
 Formation& Sources of
Law
 Main Students & Followers
 Hanbali School of Fiqh
 Formation& Sources of
Law
 Main Students & Followers
 Jaffari School of Fiqh
 Formation& Sources of
Law
 Main Students & Followers
FIQH & USUL Al FIQH
 Fiqh is concerned with knowledge of detailed rules of
Islamic law (the law itself)

 Usul al-fiqh is concerned with methods applied in the

deduction of rules from their sources (the
methodology of the law).
OBJECTIVE OF USUL Al FIQH
 Regulates ijtihad and guide the jurist in deducing the
law from its sources.

 Regulates the application of qiyas, istihsan, istishab,

istislah, etc. which aids the jurist in distinguishing which
method of deduction is best suited for obtaining a
Shariah compliant ruling to a particular problem.
OBJECTIVE OF USUL Al FIQH
 Istihsan
moving from one anology (qiyas) to another
stronger anology (i.e. preferences)
 Istishab
continuity unless clear signs of changes occur
 Istislah
based on Maslaha (public interest)
 Urf
knowledge of society
 HANAFI SCHOOL OF FIQH
 The Founder: Imaam Abu Haneefah (Nauman Bin Sabit
Kofi)(703-767AD) (80-148 AH)

 He was born in the year 702 AD. Kufah, (Iraq). Abu

Haneefah began his earlier studies in the field of
philosophy and dialectics known as ‘Ilm-al-Kalaam, but
after mastering its various disciplines, he left it and went
into an in depth study of Fiqh and Hadeeth. He studied
under Hammad Ibn Zaid for 18 years. After Hammaad’s
death Abu Haneefah took up the position of teacher at
the age of forty and became the most outstanding scholar
in Kufah.
FORMATION OF HANAFI SCHOOL
 Imaam Abu Haneefah based his teaching method on
the principle of Shoorah (group discussion). He would
present a legal problem to his students for debate and
discussion and tell them to record its solution
whenever they arrived at a unified position.
 They would also debate on hypothetical problems and
work out solutions, based on the principle of preparing
for a problem before its occurrence.
 They became known as the what-iffers or Ahl ar-Ra’I
(the opinion of people).
SOURCES OF LAW USED BY
HANAFI
1 • The Qur’aan

2 • The Sunnah

3 • Ijmaa’ of the Sahaabah

4 • Individual opinion of the Sahaabah

5 • Qiyaas (Analogical deduction)

6 • Istihsaan (Preference)

7 • ‘Urf’ (Local Custom)

MAIN STUDENTS OF HANAFI
 Zufar ibn al-Hudhayl (732-774 AD) (113-157 AH)

 Abu Yoosuf Ya’qoob ibn Ibraaheem (735-795 AD) (113-

182 AH)

 Muhammad ibn al-Hasan, ash-Shaybaanee (749-805

AD) (50-106 AH)
FOLLOWERS OF HANAFI
 Those who now follow this school are found mostly in:
 India
 Afghanistan
 Pakistan
 Iraq
 Syria
 Turkey
 Guyana
 Trinidad
 Surinam
 to some extent in Egypt
HIGHLIGHTS OF IMAM ABU
HANEEFA
 Imaam Abu Hanifah (RA.) was a Taabi‘ee.
 He never accepted a favor from anyone and never
indebted.
 No book written properly with name.
 Death due to not accepting any Governmental
Designation
 Imam Abu Hanifa is reputed to have performed fifty
Hajj.
 His Salaatul Janaza was offered 6 times in all as people
continued to flock.
MAALIKEE SCHOOL OF FIQH
 The Founder: Imaam Maalik (Maalik bin Ans Asbahi) (717-
801 AD) (93-179 AH)

 Maalik ibn Anas ibn‘Aamir, was born in Madeenah in the

year 717 AD. His grandfather, ‘Aamir, was among the major
Sahaabah of Madeenah.
 Maalik studied Hadeeth under az-Zuhree who was the
greatest Hadeeth scholar of his time.
 Imaam Maalik continued to teach Hadeeth in Madeenah
over a period of forty years and he managed to compile a
book containing Hadeeths named al-Muwatta’
FORMATION OF MAALIKEE
SCHOOL
 Imaam Maalik’s method of teaching was based on
 the narration of Hadeeths and Athars (statements of the
Sahaabah)
 and the discussion and implication of their meanings in
the context and solution of problems of that period.
 He used to strictly avoid speculation and hypothetical
Fiqh and thus his school and its followers were referred
to as the people of Hadeeth (Ahl al-Hadeeth).
SOURCES OF LAW USED BY
MAALIKEE
1 • The Qur’aan
2 • The Sunnah
3 • ‘Amal’ (practices) of the Madeenites
4 • Ijmaa’ of the Sahaabah
5 • Individual opinion of the Sahaabah
6 • Qiyaas (Analogical deduction)
7 • Customs of the Madeenites
8 • Istislaah (Welfare)
9 • ‘Urf’ (Local Custom)
MAIN STUDENTS OF MAALIKEE
 Abu ‘Abdur-Rahmaan ibn al-Qaasim (745-813 AD) (38-
108AH)

 Abu ‘Abdillaah ibn Wahb (742-819 AD) (120-197AH)

FOLLOWERS OF MAALIKEE
 Today, the followers of this school are found mostly in
 Upper Egypt
 Sudan
 North Africa (Tunisia, Algeria and Morocco),
 West Africa (Mali, Nigeria, Chad, etc)
 Arabian Gulf states (Kuwait, Qatar, and Bahrain)
HIGHLIGHTS OF IMAM MAALIK
 Imaam Maalik (RA.) was a Tabe’ Taabi’ee.
 He was very cautious in procuring fatawaa.
 He hated innovations (bidaah).
 He refrained from joining sects arising in his era.
 He never recited a hadith without ablution.
 He considered the shaver of moustache as Makrooh.
 Masjid with gatekeeper is like jail.
 Refused to display his book Mu’atta in Kaaba.
SHAFI’EE SCHOOL OF FIQH
 The founder: Imaam Ash-Shaafi’ee ( Imam Muhammad Bin
Idrees) (769-820 AD) (150 — 204AH)

 He was born in the town Ghazzah, Shaam in the year 796

AD, but travelled to Madeenah in his youth to study Fiqh
and Hadeeth under Imaam Maalik. He succeeded in
memorizing al-Muwatta.
 He went to Yemen and taught there after Imaam Malik
Death.
 Then travelled to Iraq and Egypt to study under Imaam
Muhammad ibn al-Hasan, the famous student of Abu
Haneefah.
FORMATION OF SHAFI’EE SCHOOL
 Al-Madh-hab al-Qadeem:
 Imaam ash-Shaafi’ee combined the Fiqh of Hijaaz (Maalikee
thought) with that of Iraq, (Hanafee thought) and created a
new school which he dictated to his students in the form of a
book called al-Hujjah (The Evidence).
 Al-Madh-hab al-Jadeed:
 In Egypt he absorbed the Fiqh of Imaam al-Layth ibn Sa’d
created another book which he named al-Umm (The Essence).
 Imaam ash-Shafi’ee holds the distinction of being the first
Imaam to systematize the fundamental principles of Fiqh
which he recorded in his book called ar-Risaalah.
SOURCES OF LAW USED BY
SHAFI’EE
1 • The Qur’aan

2 • The Sunnah

3 • Ijmaa’ of the Sahaabah

4 • Individual opinion of the Sahaabah

5 • Qiyaas (Analogical deduction)

6 • Istis-haab (Linking)

 Both the principle Istihsaan (hanafi) and Istislaah (Maliki)

were rejected and considered a form of Bid’ah and Istihsab
introduced.
MAIN STUDENTS OF SHAFI’EE
 Al-Muzanee (791-876 AD) (179-264 AH)

 Ar-Rabee’ Al-Maraadee (790-873 AD) (173-259 AH)

 Yoosuf ibn Yahyaa al-Buwaytee(died 231 AH)

FOLLOWERS OF SHAFI’EE
 The majority of the followers of the Shaafi’ee are in:
 Egypt
 Southern Arabia (Yemen, Hadramout),
 Sri Lanka
 Indonesia
 Malaysia
 East Africa (Kenya, Tanzania)
 Surinam in South America.
HIGHLIGHTS OF IMAM SHAFI’EE
 Every night Imaam Sahib (R.A) used to complete
the Qur’an
 In Ramadhan complete the Qur’an twice in a day.
 Imaam Shafi'ee ( R.A.) keenly practiced upon attributes
that were praised within Ahaadeeth and Qur’an.
 He was less than 20 years of age when permitted to
give fatwa.
 Abu ubaid said that he had high intellect and can prove
marble pillar as wooden stick.
 Dreamt of hand shaking with Hazrat Ali (R.A.)
HANBALI SCHOOL OF FIQH
 The Founder: Imaam Ahmad (778-855 AD) (161-241
AH)

 Ahmad ibn Hambal ash-Shaybaanee, who was born in

Baghdad in the year 778 AD. Concentrating on the
study and memorizing of Hadeeth, Ahmad studied Fiqh
and Hadeeth science under Imaam Abu Yoosuf, the
famous student of Abu Haneefah, as well as under
Imaam ash- Shaafi’ee himself.
 Ahmad continued to teach in Baghdad until he died in
the year 855 AD.
FORMATION OF HANBALI SCHOOL
 Imaam Ahmad’s greatest concern was the collection,
narration, and interpretation of Hadeeth. His teaching
method consisted of
 Dictating Hadeeths from his vast collection known as al-
Musnad, which contained over 30,000 Hadeeths
 And various opinions of the Sahaabah concerning their
interpretation.
SOURCES OF LAW USED BY
HAMBALI
1 • The Qur’aan

2 • The Sunnah

3 • Ijmaa’ of the Sahaabah

4 • Individual opinion of the Sahaabah

5 • Hadeeth Da’eef (Weak Hadeeth)

6 • Qiyaas (Analogical deduction)

MAIN STUDENTS OF HANBALI
Imaam Ahmad’s main students were his own two sons,
 Saalih (died 873 AD/259 AH)
 ‘Abdullaah (died 903 AD/290 AH)

Other Students:
 Imaam Bukharee
 Imaam Muslim
 Compilers of the most outstanding collections of
Hadeeth
FOLLOWERS OF HANBALI SCHOOL
 The majority of the followers of this school can now be
found in:
 Palestine
 Saudi Arabia
HIGHLIGHTS OF IMAM
AHMAD
 The Mu'tazila controversy regarding the "immortality and
creation of the Qur'an“.
 Imam Hambal faced the imprisonment and sufferings rather
than deviating from the beliefs and practices of the Sunnah.
 Avoided gifts/hibah to be taken.
 Always concerned the book to describe any ritual.
 Prohibited his opinions and saying to be written in a book.
 Avoided to describe rituals of his teachers during their life.
JAFFARI SCHOOL
 The Founder: Ja'far al-Sadiq. (83-148 AH)

 Imam Jafar as-Sadiq was born on 17 Rabiee Awwal, 83

AH, in Medina, present-day Saudi Arabia. He was the
sixth Imam of the twelve designated imams of the
school of Ahlul Bayt.
 This school of jurisprudence is followed by Twelvers
and Ismailis in general, as well as a small minority of
Zaidis.
FORMATION OF JAFFARI SCHOOL
 Imam As-Sadiq had thousands of attendees taking part
in his classes. Those who agreed, those who disagreed,
and those who just wanted to listen flocked from
different parts of the world to hear the great imam.
 His teachings were collected in 400 usul(foundations)
which were written by his students and encompass
hadith, Islamic philosophy, theology, commentary of
the Quran, literature, and ethics.
 SOURCES OF LAW USED BY
JAFFARI
• The Qur’aan
1
• The Sunnah
2
• Ijtihad (Less Importance)
3
• Intellect (Aql)
4

 It differs from the four schools of Sunni jurisprudence

 reliance on matters of inheritance, religious taxes, commerce,
personal status and the allowing of temporary marriage or mut’a.
 It does not employ qiyas, but uses the intellect, aql.
MAIN STUDENTS OF JAFARI
 One of the most famous students of the Imam was
Jabir Ibn Hayyan. Jabir was the great chemist.

 After a period of time, three distinguished scholars

categorized these 400 usul in four books which are the
main sources of hadith for the Shi'a school of thought.
 Usul al-Kafi by al-Kulayni (d.329H)
 Man La Yahduruh al-Faqih by al-Sadiq (d.381H)
 al-Tahdib and al-Istibsar by al-Tusi (d.460H).
FOLLOWERS OF JAFARI
SCHOOL
 The majority of the followers of this school can now be
found in:
 Iran
 Iraq
 Azerbaijan
 Bahrain
HIGHLIGHTS OF IMAM JAFFAR
 Focused on hospitality, charity, the helping of the
needy.
 Focused on the fair treatment of poor relatives.
 Always demonstrated forgiveness, patience and
fortitude.
 Pilgrim charged against him for stealing the money
from his purse.
 During the days of scarcity, he gave his excess corn in
warehouse to needy and faced the situation along with
others.
 Mixed pure white wheat flour mixed with equal
quantity’s of oat flour.