Schools of Muslim Law | Family Law - CLAT PG PDF Download

Introduction to Muslim Law

Muslim Law is rooted in the teachings of the  Quran  and the practices of the Prophet Muhammad. However, there are many situations not explicitly covered in these texts. To address these gaps, scholars use their interpretations, leading to different opinions and the emergence of various schools of thought within Muslim Law.

Sources of Muslim Law 

The primary sources of Muslim Law are the Quran and the teachings of Prophet Muhammad. When these sources provide clear instructions, they are followed strictly. However, there are many situations not explicitly addressed by these texts.

Role of Scholars 

• In cases where the Quran and Hadith do not provide clear guidance, scholars interpret the law based on their understanding. This process is known as  Qiyas  , which means analogical reasoning.
• Different scholars may have different interpretations based on their reasoning, leading to various opinions on the same issue.

Schools of Thought 

• These differing interpretations have given rise to various  schools of Muslim Law  , each with its own reasoning and explanations for its views.
• Examples of these schools include the Hanafi, Maliki, Shafi'i, and Hanbali schools, among others.
• Each school is considered valid, and there is no hierarchy among them. A follower of any school is considered to be following the right path.

Schools of Islamic Law: Ancient and Modern

• During the Umayyad period, the appointment of  Kadis  as judges was a significant development in the legal system.
• Kadis replaced the pre-Islamic arbitrators, exercising wide discretion in their decisions.
• They laid the foundation of  Muslim law  by working based on custom, practice, administrative regulations, and Koranic norms.
• By 1800, Kadis became specialists in law, and the practice of appointing legal specialists began.
• Kadis, also known as  Muftis of Islam  , played a crucial role in legal development in areas such as  Kufa  ,  Basra  ,  Iran  ,  Mecca  ,  Madina  , and  Syria  .
• Differences among Kadis arose due to geographical, social, and customary factors.
• Two opposing tendencies emerged: i.  Islamicising law  and ii.  rationalizing and systematizing the law  .
• Over time, rules became more settled, but juristic freedom was suppressed, leading to increased  fanaticism  .

Modern Schools 

In the modern period of Islam, the community has been divided into two main sects with differing views on various aspects of Islam. Consequently, schools of Muslim law are broadly classified into:

Sunni Schools 

A. Hanafi School

• The Hanafi School is the oldest and most widely followed school in Muslim law.
• Initially known as the  Koofa School  , it was later renamed after its founder, Abu Hanafee.
• Due to the Prophet's prohibition on writing his words and traditions, the Hanafi School relied on the customs and decisions of the Muslim community.
• Abu Hanafee did not write down the rules of this school; instead, it developed through his disciples, Imam Muhammed and Imam Abu Yousuf.
• The  Hedaya  is the most important book of the Hanafi School, written by Ali bin Abu Baker al Marghinani over 13 years.
• The  Sirajiyya  , written by Sheikh Sirajddin, is the authoritative book of Hanafi Law of Inheritance.
• Hanafi School followers are predominant in countries like India, Pakistan, Syria, and Turkey.

B. Maliki School

• Founded by  Malik-bin-Anas  , the Maliki School emphasizes Sunna and Hadis over Ijma’a.
• The  Mu-atha  of Imam Malik is the authoritative book of this school.
• In India, the Maliki School is less popular but influenced some provisions of the  Dissolution of Muslim Marriage Act, 1939  .

C. Shafi School

• Founded by  Muhammad bin Idris Shaffie  , the Shafi School emphasizes Ijma’a and customs of Islamic people.
• The  Al-Risala  of Imam Shaffie is the authoritative book of Islamic Jurisprudence.
• Shafi School followers are found in  Egypt  ,  Southern Arabia  ,  South East Asia  ,  Indonesia  , and  Malaysia  .

D. Hanbal School

• Founded by  Ahmad bin Hanbal  , the Hanbali School emphasizes Hadis and opposes Ijthihad methods.
• Followers are primarily in  Syria  ,  Palestine  , and  Saudi Arabia  .

Shia Schools 

• Shia Schools are less detailed but are based on similar principles as Sunni Schools.
• They have their own interpretations and sources of law, often differing on certain theological and legal aspects.

Schools of Law in the Shia Sect 

The Shia sect, though a minority in the Muslim world, has three schools of law and holds political power primarily in Iran. The following are the main schools under the Shia sect:

 A. Ithna-Asharis School 

• Based on Ithna-Ashari laws, this school is predominant among Shia Muslims, especially in  Iraq  and  Iran  . In  India  , a significant number of Shia Muslims also follow this school.
• Followers are considered  political quietists  and often align with the Jafari fiqh, which closely resembles the four Sunni madhahib, with the exception of  mutah  being recognized as a lawful form of marriage.
• Believers in this school hold that the last Imam has  disappeared  and will return as the  Mahdi (Messiah)  .

 B. The Ismailis School 

• In  India  , the Ismailis are divided into two main groups:
•  Khojas  or Western Ismailis, who follow the current  Aga Khan  , regarded as the 49th Imam in the line of the Prophet.
•  Bohoras  , further divided into  Daudis  and  Sulaymanis  . The Bohoras and Khojas of Mumbai are notable followers of this school.
• Followers of the Ismaili school are believed to possess  special knowledge  of religious doctrine.

 C. Zaidys School 

• The Zaidys school, while not present in  India  , is most prominent in  South Arabia  , particularly in  Yemen  , where it is the dominant sect.
• Followers of this school are known for their  political activism  and often reject the philosophies of the Twelver Shia school.

Other Schools of Thought in Islam 

In addition to the Sunni and Shia sects, there are other schools of thought within Islam, each with its unique beliefs and practices. Here are two notable ones:

 1. Ibadi School 

• The Ibadi School is distinct from both Shia and Sunni sects, claiming its origins trace back to the time of the fourth Caliph, Ali.
• It places greater emphasis on the Quran and gives less importance to the Sunna (traditions of the Prophet).
• Followers of the Ibadi School are primarily found in Oman.
• A key principle of this school is  Ijithad  (personal reasoning), which is partially accepted by Sunnis but rejected by Shias.

 2. Ahmadiya School 

• The Ahmadiya School considers itself Muslim but does not follow the teachings of Prophet Muhammad in the same way mainstream Muslims do.
• Founded by Mirza Ghulam Ahmad in the 19th century, this school has its roots in British India.
• Ahmadiya followers believe that God continues to communicate with holy servants after Prophet Muhammad, which is a significant point of divergence from mainstream Islam.
• They also include figures like Buddha, Krishna, Zoroaster, and Ramchandra in their list of prophets, a claim not recognized by non-Ahmadi Muslims.
• Unlike mainstream Muslims, Ahmadis do not accept the Sultan of Turkey as the Caliph and emphasize loyalty to one’s country.
• The Ahmadiya School believes in spreading Islam through arguments and signs rather than violence, contrasting with the traditional view of Jihad.

Key Differences between Ahmadiya and Mainstream Islam 

• Prophethood: Muslims believe Muhammad is the last prophet, while Ahmadis think God still communicates with prophets.
• List of Prophets: Ahmadis include figures like Buddha and Krishna as prophets, which mainstream Muslims do not accept.
• Caliphate: Ahmadis reject the Turkish Sultan's claim to the Caliphate and promote loyalty to one’s government.
• Spread of Islam: Mainstream Muslims believe in spreading Islam through Jihad, while Ahmadis advocate for peaceful means.

Conclusion 

• Muslim law is based on the teachings of the Quran and the Prophet Muhammad, with various schools interpreting these teachings differently.
• Despite differences, all schools ultimately lead to the same fundamental principles of Islam.
• The diverse schools within Sunni and Shia sects reflect different paths within the broader framework of Islamic teachings.

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