INTRODUCTION
The madhahib, or schools of Islamic law, stand as foundational pillars of jurisprudential thought, shaping the interpretation and application of Shariah through their distinct methodologies and doctrinal principles. These schools, which crystallized in the formative centuries of Islam, encompass the four major Sunni traditions—Ḥanafi, Maliki, Shafei, and Ḥanbali—alongside the Ithna Ashria, Ismailia and Zyadi school of the Shia, each reflecting the intellectual legacy of its founding jurist. Grounded in the divine sources of the Quran and Sunnah, their legal reasoning is further refined through the use of analogical deduction (qiyas), juristic consensus (ijma), and, in certain instances, considerations of public welfare and custom (urf).
This jurisprudential diversity has endowed Islamic law with remarkable adaptability, enabling its application across various historical and cultural contexts. While the schools differ in their interpretative approaches—some embracing expansive legal reasoning, others adhering more strictly to textual sources—they do not represent sectarian divisions but rather illustrate the intellectual breadth of the Islamic legal tradition.
Thus, the study of these schools is not merely an academic endeavor but a crucial inquiry into the legal structures that have governed Muslim societies for centuries, underscoring the enduring relevance of Islamic jurisprudence in shaping ethical, legal, and social norms.
THE FORMATION OF SUNNI AND SHIA SECT
Prophet Muhammad, as the chief administrator of the Muslim community, was universally recognized as the leader of the Islamic polity.[1] His governance encompassed both spiritual and temporal affairs, establishing a unified system of leadership. However, following his passing, the pressing issue of succession arose, necessitating a resolution on who would assume the mantle of leadership in the nascent Muslim state.[2] Here began the divergence within the Muslim community, marked by differing perspectives on leadership. One faction was led and supported by Ayesha Begum, the youngest wife of the Prophet, while the other was headed by Fatima, the beloved daughter of the Prophet and Khadija, his first wife.[3] This division laid the foundation for differing interpretations of authority within the Islamic tradition.
The majority of Muslims aligned with the faction led by Ayesha Begum, the youngest wife of the Prophet, which upheld the principle that the Prophet’s successor and the administrative head of the Muslim community should be chosen through an electoral process.[4] This belief was rooted in the Prophet’s own practices (Sunnah), which emphasized consultation and collective decision-making.[5] Consequently, an election was held, resulting in the selection of Abu Bakr, Ayesha Begum’s father, as the first caliph.[6] His leadership marked the foundation of what would later be known as the Sunni sect of Islam.
A minority of Muslims opposed the electoral system and instead upheld the belief in the Prophet’s spiritual leadership, which they saw as best represented by his daughter, Fatima, born to his first wife, Khadija.[7] This group focused on spiritual guidance and the propagation of Islam, reflecting the Prophet’s own role.[8] They argued that leadership was an inherited quality rooted in noble lineage and that succession should remain within the Prophet’s bloodline. According to their belief, only those directly related to the Prophet possessed the legitimacy and divine authority to lead the Muslim community. Consequently, this group nominated Fatima’s husband, Ali, the Prophet’s son-in-law, as the first Imam.[9] His appointment marked the formation of a distinct sect, later known as the Shia sect of Islam. The sect emphasized hereditary leadership as the foundation of Islamic governance and spiritual authority.
SUNNI SECT
During the third developmental stage of Muslim law (661–900 AD), the rulers played little to no role in its advancement, as their primary focus was the expansion of the Islamic empire rather than legal development. In the absence of state-driven legal codification, individual jurists took on the responsibility of interpreting and refining Muslim law through judicial reasoning based on the Quran and the traditions (Sunnah) of the Prophet. This independent juristic effort led to the emergence of varying interpretations of legal principles, as scholars approached the sources of law with differing methodologies and perspectives.
As a result, distinct schools of thought emerged, each led by a prominent jurist whose legal reasoning and interpretations gained widespread acceptance among followers. This period saw the crystallization of the four major Sunni schools of jurisprudence: the Ḥanafi, Maliki, Shafei and Ḥanbali schools. While these schools share fundamental principles of Islamic law, they differ in their approaches to legal reasoning, sources of law, and the weight assigned to elements such as analogical deduction (qiyas), juristic preference (istihsan), and local customs (urf). Despite these differences, their foundational legal doctrines remain substantially aligned.
HANAFI SCHOOL
The Hanafi School, founded by Abu Hanifa in Kufa, emphasized logical reasoning and legal interpretation, earning it the name “Kufa School.” Prioritizing Quranic texts over traditions, Abu Hanifa employed analogical deductions to develop laws suited to societal needs, accepting only 18 rigorously scrutinized traditions.[10] His practical and adaptable approach made the Ḥanafī School highly favored by Caliphs and rulers. Key texts include Radd-al-Makhtar, Al-Hidayah, and Fatwa-i-Alamgiri. Originating in Iraq, it spread to Egypt, Turkey, and India. Today, it remains the most widely followed school, with the majority of Muslims in India and Pakistan adhering to its teachings.
MALIKI SCHOOL
The Maliki School, founded by Malik-ibn-Anas of Medina, emphasized tradition as a primary source of law, recognizing the practices of the Prophet’s companions and their successors. Unlike the Ḥanafī School, it limited the role of Ijma (consensus) and Qiyas (analogical deduction), making its approach more practical. Maliki jurists introduced Istidlal, a method of inference for public welfare, and prioritized custom alongside the Quran and traditions.[11] A unique doctrine vested control of a married woman and her property on her husband. Malik’s Kitab al-Muwatta is an exhaustive book of his idea. This has influence over Central and West Africa, Spain, Kuwaitand Bahrain, though not India.
SHAFEI SCHOOL
The Shafei School, founded by Ash-Shafei, a pupil of Malik-Ibn-Anas and a relative of the Prophet, emphasized a systematic and balanced approach to law, critically relying on traditions. He maintained that every human issue could be resolved through the Quran or the Prophet’s traditions.[12] Ash-Shafei extensively used Qiyas but only after considering the Quran, Sunnah, and Ijma.[13] His school also recognized custom and Maliki’s Istidlal. A distinctive feature is that a woman cannot marry without her guardian’s consent. His principles, compiled in Kitab-ul-Umm. This idea spread over Egypt, Indonesia, Malaysia, Southeast Asia, and parts of India’s western coast.
HANBALI SCHOOL
The Hanbali School, founded by Ibn Hanbal, a disciple of Ash-Shafei, strictly adhered to the Prophet’s traditions, earning him the title of traditionist rather than jurist.[14] He rejected Ijma and Qiyas, except for the consensus of the Prophet’s companions. His rigid doctrine, compiled in Musnad al-Imam Hanbal, is primarily followed in Saudi Arabia and Qatar.
SHIA SECT
The Shia sect was led by Imam Ali, the Prophet’s son-in-law. After his death, his sons Hassan and Hussain became the second and third Imams. Hussain’s son, Zain-ul-Abideen, became the fourth Imam, after whom divisions emerged. His son Muhammad Baqir led the majority, while Zyad’s followers formed the Zyadi sub-sect. After Baqir’s death, Jafar Sadiq became the sixth Imam. His son Musa Kazim led the majority, while his brother Ismail’s followers formed the Ismailia sub-sect. The Twelver Shia sect (Ithna Asharia) emerged under Muhammad-al-Mantazar, the twelfth and final Imam, becoming the largest Shia denomination.[15]
ITHNA ASHARIA SCHOOL
The Ithna Ashariyya, or Imamia School, follows the 12 Imams, believing the 12th will reappear. Their rulings are law, and they uniquely permit Muta (temporary marriage).[16] It has two sub-schools: the orthodox Akbari and the pragmatic Usuli. Their key text is Shari-ul-Islam. Ithna Asharias are found in Iran, Iraq, Pakistan, and India.
ZYADI SCHOOL
The Zyadi School, founded by Zyad, one of the sons of the fourth Imam Zain-ul-Abdeen, was the first to diverge from mainstream Shia Islam. A unique feature of this school is its incorporation of certain Sunni principles. Zyadi followers are primarily found in Yemen, where the doctrine remains influential.
ISMAILIA SCHOOL
The Ismailia School, led by Ismail, the disinherited son of Jafar Sadiq, is a minority Shia sect known as the Seveners, believing in only seven Imams. In India, they include Khojas, originally Hindus, and Bohras, who emerged during the Fatimid era.[17] Ismailis are primarily found in Central Asia, India, and Pakistan.
CONCLUSION
The evolution of Islamic jurisprudence, marked by the development of these distinguished schools of thought, stands as a testament to the intellectual depth and spiritual devotion of early Muslim scholars. With unwavering commitment, they sought to preserve divine law while ensuring its adaptability to the ever-changing fabric of human society. These schools, though diverse in their approaches—some rooted in strict traditionalism, others embracing reason and public welfare—collectively enriched the tapestry of Islamic legal thought. Far from being mere divergences, their existence exemplifies the wisdom of legal pluralism, allowing Shariah to flourish across different lands and cultures. This intricate framework not only safeguarded the essence of divine guidance but also fostered resilience and continuity in Islamic law. As time unfolds, these schools remain enduring pillars of legal and ethical discourse, guiding generations with their profound interpretations while harmonizing the eternal principles of faith with the dynamic realities of human civilization.
Author(s) Name: Rachita Mohanty (Siksha ‘O’ Anusandhan)
References:
[1] Ibn Khaldun, Muqaddimah (Franz Rosenthal tr, Princeton University Press 1967) 262
[2] Fazlur Rahman, Islam and Modernity: Transformation of an Intellectual Tradition (University of Chicago Press 1982) 43
[3] Marshall G S Hodgson, The Venture of Islam: Conscience and History in a World Civilization vol 1 (University of Chicago Press 1974) 187
[4] Wilfred Madelung, The Succession to Muhammad: A Study of the Early Caliphate (Cambridge University Press 1997) 54
[5] Reza Aslan, No God but God: The Origins, Evolution, and Future of Islam (Random House 2005) 112
[6] Patricia Crone and Martin Hinds, God’s Caliph: Religious Authority in the First Centuries of Islam (Cambridge University Press 1986) 99
[7] Moojan Momen, An Introduction to Shiʿi Islam (Yale University Press 1985) 45
[8] Wilferd Ferdinand Madelung, Religious Trends in Early Islamic Iran (Aldershot 1988) 133
[9] Seyyed Hossein Nasr, Ideals and Realities of Islam (ABC International Group 2000) 121
[10] Wael B Hallaq, The Origins and Evolution of Islamic Law (Cambridge University Press 2005) 89
[11] Muhammad Khalid Masud, Shatibi’s Philosophy of Islamic Law (Islamic Research Institute 1995) 41
[12] Bernard G Weiss, The Spirit of Islamic Law (University of Georgia Press 2006) 99
[13] Yasin Dutton, The Origins of Islamic Law: The Quran, the Muwatta and Madinan Amal (Routledge 1999) 53
[14] Ahmad ibn Hanbal, Musnad Ahmad ibn Hanbal (Dar al-Kutub al-Ilmiyyah 1999) vol 1, 23
[15] Hossein Modarressi, Crisis and Consolidation in the Formative Period of Shi‘ite Islam (Darwin Press 1993) 99
[16] Rudolph Peters, Islamic Criminal Law in Nigeria (Spectrum Books 2003) 91
[17] Wilson, Anglo Muhammadan Law, Ed. IV, p. 21
