Schools of Law

The prophet made hijra or a flight to Medina from Mecca in 622 A.D. from
this the Muslim era started. Then Islamic society was formed in Mecca and
the people got the direct revelations of the Holy Quran from the divine and
also interpreted it.

What the prophet practiced said, acted and did during his lifetime was
recognized after his death (632 A.D) as Sunna. Then the consensus of
opinion or Ijmaa of the Caliphs specially the 4 Caliphs Abu Baker, Omar,
Osman and Ali was formed. Then the Omeyads and the Abbasides came.
In the reign of the Abbasides they collected all the Islamic Jurists from Kufa
and Medina to their court in Baghdad.

Then difference of the Jurists were there and from these difference of
Jurists the 4 Sunni Schools came into operation from the 3rd period of
Islamic law. These schools are all equally orthodox:
 Hanafi School

The founder of the first school was Imam Abu Hanifa (80-150 A.H). His
schools name is Hanafi School. He was educated in the Shia school of law
and he received the first instructions of Jurisprudence from the sixth Imam
Jafar Ibn Sadaq in Baghdad.

Coming back to Kufa his native city he founded a new system of his own
different from the Shia school of law. He was endowed with talents of an
exceptional nature and had the true lawyer’s gift of detecting nice
distinctions and possessed remarkable powers of reasoning and deduction
which combined with the resources of a retentive memory and clear
understanding soon brought him into prominence as the master of
Jurisprudence.

So he acquired the title of the upholder of private judgment. In arriving at

legal conclusion he placed little reliance upon traditions and more upon
deductions. He stressed on Qiyas or analogical deduction then traditions
so some scholars think he was the upholder of private judgment or founder
of Qiyas. But he was not. He employed Qiyas more because the science
of Hadith did not fully develop at that time and no recognised collections
were available. He modified law calling it Istehsan. He assigned a
distinctive name a prominent position to the principle by which the theory of
law is modified in its application to actual facts, calling it Istehsan (Juristic
preference), which bears in many points a remarkable resemblance to the
doctrine of equity.
He extended Ijmaa unlike other jurists he affirmed its validity in every age.
Ijmaa was also extended to the descendants (Tabiun) of the companions
of the prophet. From among his principle disciples he instituted a committee
of 40 men for the codification of the laws. It took 30 years for the code to be
completed. The entire work is lost, but his contribution to the code is
present. There is a small collection of traditions based on his authority
called Masnad- ul-Imam Abu Hanifa.

Two very authoritative text of this school is Hedaya and Fatwa-i- Alamgiri.
His teachings were not liked by the Caliphs and so they cast him to prison.
As so believed they poisoned him to death. He was held in such esteem
that his funeral prayers as reported was said for 10 days and 50000 people
attended it on each day.

The Muslims of Bangladesh, India, Afghanistan and Turkey are Hanafis.

Also in Egypt, China and Arab – they are largely found. He left his two
disciples Abu Yusuf and Imam Mohammad. So we can say that he was the
founder of the theories and principles of Muslim Jurisprudence.
 Maliki School

The Kufa School of Imam Abu Hanifa is distinguished from the Medina
School of Imam Malik-Ibn-Anas (97-179 A.H.). The name of his school is
Maliki School. He was not only a Jurist but a traditionalist. He exercised
the judgment if other things failed with the traditions and usages of Medina.

He introduced a principle corresponding of that to Imam Abu Hanifa’s

Istehsan which is known as Muslahat and which means public welfare-as
a basis of deduction.

He introduced a 5th source of law known as Istadlal. Istadlal is according

to him a principle of Juristic deduction which does not come within the
scope of analogy. Malik recognizes the validity of Ijmaa of the companions
and successors residing in Medina –Consensus of the Muslims of Medina
(at that time).

Al-Muwatta a well known book of his contains of 300 traditions. His

followers are found in northern Africa especially in Morocco and Algiers.
 Shafie School

Imam –Ash-Shafie (150-204 A.H) was the disciple of Malik-Ibn-Anas and

he also took lectures from Imam Mohammad (The disciple of Imam Abu
Hanifa). His school’s name is Shafie school. He had exceptional juristic
talents. He was not only a Jurists but a traditionalist. He was known as the
founder of the science of usul or traditions although he applied Qiyas
more than Malik. He was an upholder of the traditions he examined them
more critically and made more use of analogy than Malik.

He introduced the middle course of Imam Abu Hanifa and Malik Ibn-Anas
on analogy and traditions. He allowed greater scope of Ijmaa than Malik but
he supported Malik Ibn Anas’s 5th source of law as Istadlal and rejected
Imam Abu Hanifa’s equity of the Jurists. He first established a treatise (A
long written work dealing thoroughly with one subject) investigating the
principles and methods of jurisprudence known as “Risala”. His principles
are followed in Egypt, Africa, Arabia and in some parts of India specially
Bombay and Madras.
 Hanbal School

Finally we came to Imam Ahmad Ibn Hanbal (164-241 A.H.) pupil of Imam
– Ash-Shafie. He was the founder of Hanbal School. He strictly recognised
or had an extreme reaction to the school which was known as Ahl-Al-Ray
or people of opinion / Ahl-A-Hadith.

He strictly followed hadith literally. He was a very strictly in character and

was unbending on his interpretation of the hadith.

Tabari a historian refused to accept him as a jurist but recognised him as a

mere traditionalist. His Masnad-ul-Hanbal contains of 50,000 traditions. His
followers are only found in middle of Arabia and no where else. He allowed
a narrow margin within Qiyas and Ijmaa.

Conclusion: So we conclude that though all jurists agree on Quran and

Sunna they differ in Qiyas and Ijmaa. Abu Hanifa was founder of Qiyas
and he was the first to use it. But Malik was in favour of traditions and he
used it. Shafie followed the middle course of analogy and traditions. Hanbal
was strictly and literally following the hadith or traditions.
 Shia School of Thought

After the death of the prophet (632 A.D) it became necessary to elect a
Caliph or successor to the prophet to assume leadership of Islam.

The Hashimites the kinsmen of Mohammad (S.M) maintained that the

office belonged by right to Ali, the son-in-law and cousin of the prophet. But
the Koreishites insisted upon proceeding by election and elected Abu
Baker as the 1st caliph. After his death Omar was elected. Upon his
decease the caliphate was offered to Ali on the condition that he should
govern in accordance to the precedents established by the two former
Caliphs. Ali declined to accept the office on those terms, declaring that in all
cases if there is no law, or decision of the prophet, he would rely upon his
own judgment.

The Caliphate was offered to Osman. In his life time he appointed one of
his kinsmen Muawiyah as the Governor of Syria. Osman was murdered
and Ali was elected caliphate. Defeated in several battles Muawiyah
appealed for arbitration. In the arbitration it was held that Ali and Muawiyah
should be set aside to heal the wounds which the differences of Ali and
Muawiyah had inflicted in the Muslim world. But one of the arbitrators
confirmed Muawiyah in his office. Ali was later killed while he was engaged
in prayers in a mosque in Kufa (see the details, Ameer Ali, p3-7 (1928).
This Shias who attach themselves to Ali deny the rightful succession of the
first three caliphs (Fyzee p.39). The Shias do not admit the genuineness of
any tradition not received from the Ahl-I-Bait i.e. “The people of the house”
(of Mohammad) consisting of Ali and Fatima and their descendants. They
repudiate entirely the validity of all decisions not passed by their own
spiritual leaders and Imams (Ali, p.7). According to Shias Imams are the
final interpreters of the law on earth. He is an Imam not by election but by
divine right, because he is descendant of the Prophet as Ali.
 The Prophet Mohammad (d. A.H. 10)
Ali (d. A.H. 41)

Hassan (d. A.H. 50) Hussain (d. A.H. 61)

Ali Zaynal –Al-Abedin (d. 94)

Zayd (d. 122)

Md. Ali Baqir (d. 113)

Jafar Al Sadiq (d. 148)

Ali Al- Rida (d. 202)

Ismail Hussain Al- Kazim (d. 183)
(Seveners of Ismailies)

Md. Al- Jawad/Taqi (d. 220)

Al-Hasan Al- Askari (d. 260)

Ali Al- Hadi/Naqi (d. 254)
These are the 12 imams
known as Ithna Asharis or
Md. Ali Muntazai (disappeared. in 260)
twelvers