The

background and formation of the Four Schools of Islamic Law

By Eirini Kakoulidou

Islams Early Period & Pre - Islamic Background

In Islamic faith, law and religion have developed a unique and very elementary association between them.
In the Western world, law and religious studies are known to research the role of religion in relation to the
State and its legal system. There is a vast contrast between the above and the focus of said studies in
Islam, where law and religion are very closely affiliated, and as a result one cannot follow or study one
domain in separation from the other1.

There are two main concepts that express the notion of divine law in Islam: those are fiqh and Shariah. In
its original sense, fiqh signifies a broad sense of understanding. It is also used in a more specific manner, in
order to express understanding towards the law. This meaning came up around the same time with the
first Islamic law texts, during the late 8th and early 9th centuries AD. Fiqh can be expressed through all of
the following examples: explaining the law in details; creating and institutionalising social norms; justifying
social norms in relation to holy texts; producing written texts, essays and books on the law. In contrast to
the above, Shariah is referred to the law of God and its divine quality. It indicates the practical application
of Gods or the Prophets will in relation to law, or the application of law that can be justified by holy texts.
Therefore, one of the main concepts to grasp is that practitioners of fiqh seek to find ways to express and
apply the principles the holy of law of Shariah2.

It is thought that the first three generations after Prophet Muhammads death (632 AD) are the most
important in relation to Islams cultural and religious development. This epoch is referred to as the First
Century of Islam, but it is also a time shrouded in obscurity due to the lack of historical evidence. During
that period, many important and distinguishing characteristics of Islamic law were founded, while the
newfound Islamic society established its own legal institutions. During most of the first century of Islam,
Islamic law did not exist by definition. As it were in the times of Prophet Muhammad, legislation and law

Schacht J. & Bosworth C.E The Legacy of Islam Oxford University Press 1979 p.392-393

The Oxford Encyclpaedia of the Modern Islamic World: Legal though and Jurisprudence (p.450).

were not inside the focus of religion, and therefore jurisprudence did not draw specific attention in the
Muslim world, as long as law technicalities and practices did not impose any religious or moral deviations3.

Islamic Jurisprudence did not start out with scientific intentions, i.e. to study the practice of courts within
the power of the established order. On the contrary, it served as an institution to protect the functioning
legal systems practices from being attacked and analysed. The first Islamic law scholars were first and
foremost Muslim devotees and did not regard themselves as men of law. Their main - and perhaps only -
interest was to explain and document the system of ritual law practice. Their interest in legislature and its
various relationships was a development that came later, taking most of its inspiration from the Abbasids
and their political agenda, as well as their approach to law in general. Therefore, one could argue that
those first scholars interest was mostly focused on religious ideals.


Two main tendencies were formed during the creation of jurisprudential processes in the late Umayyad
and early Abbasid period4. Firstly, in order to keep the Islamic doctrine consistent and coherent, lawful
procedures became more methodical; moreover, personal or arbitrary opinions (known as ray5) subsided
in order for a more analogical deduction (known as qiyas6) to arise. The second tendency was an increasing
importance of the practice of Sunnah or established doctrine7.

Schacht, J. An Introduction to Islamic Law. (Oxford: Oxford University Press, 1982)

Coulson, N, A History of Islamic Law. (Edinburgh: Edinburgh University Press, 1994) p. 36

l-ray -Personal opinion. Used by certain jurists opposed to the Traditionalists when interpreting religious law (fiqh).
Among the schools of law the Hanafites predominantly used it. (A Glossary of Islam, Dominique Sourdel & Janine
Sourdel-Thomine, Edinburg University Press, 2007).
6

Qivas - Reasoning by analogy. Used by jurists to resolve problems of religious law (fiqh) not clarified in the texts. It
was first developed by Al Shafii on the basis of his study of the effective cause (illa) of a decision that might lead to
other unforeseen decisions and used subsequently in the Shafii school of law. Later Al Ghazali (died 1111) sought to
justify the logical nature of such reasoning. (A Glossary of Islam by Dominique Sourdel & Janine Sourdel-Thomine,
Edinburg University Press, 2007).
7

Sunna or Sunnah- Established custom normative preceded, conduct and cumulative tradition, typically based on
Muhammads example. The actions and sayings of Muhammad are believed to complement the divinely revealed message
of Quran. J.P. Esposito, The Oxford Dictionary of Islam, 2003.

More specifically, during the early Abbasid period, those ancient schools of law were established mainly
because of their geographic position and importance. Those schools later transformed into a new type of
institution, which pledged allegiance to an individual person, a master in the form of a learned scholar.

The geographically based schools of law were situated in various central positions of the Islamic world and
each had its own religious scholar, who had formed a certain minimum agreement on their doctrines.
Towards the half of the 2nd hijra century, many people had taken to following the teachings of a
recognised spiritual leader and the main principles of his doctrine, while maintaining the right to diverge
from any specific point they did not agree with. This is what essentially led to the formation of groups of
people within the ancient schools of law. In the Kufa school of Iraq, there were followers of Abu Hanifa,
and in the Medina8 school there were followers of Malik9.

Around the middle of the third hijra century, the conversion of ancient law schools into personal schools
(schools based on certain scholars) took greater effect. These law schools did not continue the long
standing tradition of geographically-based schools, but rather focused on the doctrine of a certain
religious figure along with his followers. This transformation was a subsequent outcome that was long ago
cradled in the ancient Islamic schools of law, but was surely accelerated by the influence of the Shafii
school10.

The aforementioned development, which was for the most part carried out by al Shafii, influenced and
shaped Islamic laws future as a whole. But as law focused on the teachings of religious dogma, the
application of law became more rigid and based on doctrine. Independent research and analysis was
increasingly prohibited, while law with its various facets was dependent on traditions and the strict
adherence to Gods command.

Of the many schools of law, which flourished in the different provinces of Islam at the early times, those of Medina and
Kufa were the most important. The Oxford Encyclpaedia of the Modern Islamic World: Legal though and Jurisprudence
(p.450).
9

Abu Hanifa and Malik were the founders of two out of four law schools of orthodox Sunni Islam.

10

Schacht, J. An Introduction to Islamic Law. (Oxford: Oxford University Press, 1982) p.58


The Evolution Period
According to professor Joseph Schacht in his work An Introduction to Islamic Law, there are two main
schools of Islamic law, which prevailed during the 8th and early 9th century: Ashab al-ray, considered as the
rationalistic jurisprudents, and Ashab al-hadith, which was an adversary school known as the Traditionists11.
Al Shafii, Joseph Schacht says, tried to steer a middle course between them, accepting the
Traditionists stress on hadith but rejecting the crudeness of their legal thought 12.

Schacht13 indicates that ultimately Shafii did not succeed in replacing the established schools of law with
his new type of doctrine, which was based on concepts held by the Traditionists. However, Shafii
succeeded in creating a new thesis on Islamic law, which was indeed the outcome of his efforts in
searching to find a logical and indisputable expression of Shariah, as well as its function in legal theory.
Well-known jurisprudents like the Hanafis and the Malikis continued the aforementioned ancient law
schools of Kufa and Medina, without changing their established legal doctrine according to Shafii
ideologies. However, they did in the end adopt a type of legal theory that was extensively based on the
Traditionist inspiration, much like the Shafii did.
As J. Schacht indicates:
This 'classical' theory of Islamic law, or doctrine of the usul al-fiqh, which was established during
the third century of the hijra (ninth century A.D.), was in many respects more elaborate than
Shafii s own theory, and differed from it in one essential aspect. Shafii, in order to be able to
follow the traditions from the Prophet without reservation, rejected the principle of the
consensus of the scholars, which embodied the living tradition of the ancient schools, and
restricted his own idea of consensus to the unanimous doctrine of the community at large. The
11

The Traditionst jurisprudents of the earlier ninth century, proposed that Islamic law be inferred from hadith, reports of
that the Prophet, his leading Companions, and the Follower had said or done, without significant resort to reason.
Contradictions among hadith reports they either resolved by means of isnad comparison or simply let stand, refusing to
define the law by their won preferences. Their adversaries the rationalistic jurisprudents (ashab al-ray) also used hadith,
but far less extensively and without significant use of the isnad comparison to sort out the sound from the unsound. In the
later ninth century, rationalistic jurisprudents, took up many of the forms formely peculiar to the traditionist jurisprudents,
especially formal dependence on hadith and isnad comparison to sort the sound from the unsound. Traditionist
jurisprudents in turn accepted the need for separate expertise in legal reasoning besides hadith criticism. Christopher
Melchert, Islamic Law and Society Vol. 8, No. 3, Hadith and Fiqh (2001), p. 383-406,
BRILL: http://www.jstor.org/stable/3399450.
12

Schacht Joseph, The Origins of Muhammadan Jurisprudence Oxford: Clarendon Press, 1950 p.56-57.

13

Schacht Joseph, An Introduction to Islamic Law Oxford University Press, 1982 p. 59.

classical theory returned to the concept of the consensus of the scholars, which it considered
infallible in the same way as the general consensus of the Muslims. But it had to take into account
the status, which Shafii had meanwhile won for the traditions from the Prophet, and it extended
the sanction of the consensus of the scholars to Shafiis identification of the Sunna with the
contents of traditions from the Prophet 14.

In his book A History of Islamic Legal Theories, professor Wael B. Hallaq notes that Al Shafii was one of the
first few individuals to bring a new kind of analogical reasoning in order to approach the Quran and hadith.
This new understanding was different compared to the consensus (ijma) that fiqh scholars had
established; a consensus which had been the main way of interpreting the holy texts up until Shafiis
work. This kind of legal reasoning became a core factor in the development of usul-as-fiqh and has been
widely referred to as analogy or qiyas. The latter provided the basis for laws to be established through
the process of analogical deduction, when the matters that needed legal consideration were not discussed
neither in the Quran or Prophet Muhammads Sunnah. Apart from the aforementioned quiyas, other
processes of legal decision making (or ijtihad) can be found in Islamic law, such as: istihsan, or juristic
preference and istislah, which is a method of reasoning based on public welfare when a problem is not
addressed in the sacred texts15.

Towards the end of the 9th century, the ideological clashes that Al Shafiis presence brought in Islamic
legislature had subsided for the most part. The tradition of Sunnah, in other words the practice of the
Prophet Muhammads teachings in Islamic jurisprudence, had been introduced and solidified16.

As a result of the above, the classical theory has come to instruct that Islamic law as a whole is based on
four basic principles (roots), which are the following: The Quran, the Sunnah of Prophet Muhammad
which is inherited by the applicable traditions in law-making decision, the consensus (or ijma) made up by

14

Ibid p. 60.

15

Hallaq Wael B., A History of Islamic Legal Theories: An Introduction to Sunni Usul al-fiqh , Cambridge University
Press, 1997
16

Goulson N.J, The History of Islamic Law, Edinburg University Press, 2003 p.72 (chapter Jurisprudence in Embryo, the
Early Schools of Law)

scholars belonging in the orthodox Islamic community, and the method of analogical reasoning known as
quiyas17.

The Four Sunni Schools of Law: Madhabs
The foundations of Islamic law schools go way back to the end of the Umayyad period, or the beginning of
the second Islamic century. At that point in history, Islamic law had started to venture outside the borders
of institutional and popular law practice, the latter being shaped by religious concepts taken from the
sacred texts of the Quran and the hadith. The change in the political scenery that came with the
Umayyads fall from power and the emergence of the Abbasids in 132 of the hijra (750 AD) also influenced
Islamic law as a whole. By that time, Islamic law had already developed its basic characteristics, while the
call of the Arab Muslim society for a suiting legal system had been met. At that stage, the early Abbasids
did not only continue but also emphasised on the Islamicising trend in law, which had prevailed towards
the end of the later Umayyad period18.

The Hanafi School of Law19

Abu Hanifah (699-767) is the alias of Numan ibn Thabit, a scholar of Persian descent and a Kufa native.
Hanifah studied scholastics while later he focused on deeply studying the jurisprudence of the Kufa School
of law. He earned his living by operating a business as a textile merchant. Hanifah is said to have always
used common sense and logic in the process of practical problem solving and philosophical ethics. He also
broadened his reasoning with the use of analogy (the aforementioned qiyas) and preference (known as
istihsan). Hanifah widely used the instrument of opinion in the process of legal thought analysis, together
with analogy and preference. This led to the characterisation of his school as the people of opinion (or
rationalists, ray), thus distinguishing his school from the people of traditions, the aforementioned
Traditionists. However, that does not imply that the Hanafi School was less meticulous concerning Islamic
traditions. Hanifah is also credited with the following words: This knowledge of ours is opinion; it is the
best we have been able to achieve. He who is able to arrive at different conclusions is entitled to his
17

Although the later schools of law shared the essentials of this classical theory, traces of the different doctrines of the
ancient schools have survived in some of them. (Joseph Schacht, An Introduction to Islamic Law, p.60)
18

The Oxford Encyclopaedia of the Modern Islamic World, Chapter Legal Thought and Jurisprudence, p.450

19

Ibid p.457

opinions as we are entitled to our own. Although Abu Hanifa does not have a book on fiqh, scholars
mention a musnad of hadiths and traditions ascribed to him20

Abu Hanifahs lifework as expressed in his legal thought displayed a deep belief in liberality and showed
reverence for personal freedom. This is something that cannot easily be found among other Islamic jurists
of his time. He was the first to establish laws in order to secure contracts, the latter being evidence of his
belief in the principle of protecting freedom, a fact demonstrated in contracts of salam and murabahah.
Salam, the first contract, secures the immediate payment of the goods which are to be delivered in the
future, even though sales contracts usually dictate the immediate payment of money in exchange for the
goods. Murabahah, the second type of contract, allows a trader to sell goods for their original agreed price
plus an extra predetermined profit as long as usury is not involved in the exchange process. As for laws on
personal freedom, Hanafi allowed unmarried women who had reached their adulthood to be able to marry
without the intervention of a marriage guardian. Nevertheless, later Hanafi doctrine restricted that right to
a woman who had previously been married. Despite the beliefs of the Kufa School (at which he belonged)
and the general legal ethos of his time, Hanafi did not sentence compulsive shoppers and spendthrifts, and
justified his action by stating that a person who has reached adulthood is free to spend their possessions
and/or property in any way that they wish21.

Abu anafis doctrine was carried on by his students, four of which went on to become quite famous: Abu
Yusuf, Zufar ibn al Hudhayl, Muhammad ibn al Hasan al Shaybani and al Hasan ibn Ziyad.

Hanafi became the most prevailing Islamic school of law during the Abbasid Caliphate period, largely to
due to Abu Yusufs and other early Hanafis efforts, which gave Kufa an advantage compared to other
schools of law of the time. Hanafi was also the official law school of the Ottoman Empire. To this day,
Hanafi is the official school for the issuing of fatwas22 as well as for the application of personal status
matters of Sunni Muslims in countries that ensued the demise of the Ottoman Empire, i.e. Egypt, Syria,
Lebanon, Iraq, Jordan, Israel and Palestine. In Turkey, which is an officially secular state, it is the Hanafi law

20

Abu Zahra Muhammad, The four Imams- Their Lives, Works and Schools of Jurisprudence, Dar Al Takwa 2010 p.229

21

The Oxford Encyclopaedia of the Modern Islamic World p.457.

22

Fatwa: Authoritative legal opinion given by a mufti (legal scholar) in response to a question posed by an individual of a
court of law. J.P. Esposito, The Oxford Dictionary of Islam, 2003.

which determines religious holidays. Furthermore, it is still the most established school in regard to the
application of personal status matters and the religious holidays of Muslims living in the Balkan area, as
well as Caucasus, Afghanistan, Pakistan, India, the Republics of Central Asia and China. It is reported that
its followers make up more than an impressive 1/3 of the worlds Muslim population23.

The Maliki School of Law24

The Maliki School arose in the Arabian Peninsula, the original home of all Islamic thought. It was initially
named the School of Hejaz25 or alternately the School of Medina. The doctrines developed by the Maliki
School are historically related to prime Muslim thinkers like Umar ibn al Khattab, Abbas (Prophet
Muhammads uncle) and Aishah (Prophet Muhammeds wife). Later on in the schools history, some of
the most learned jurists were the teachers of Malik, whose name became the eponym of the school.

Malik ibn Anas al Asbahi was a Yemen descendant, born in Medina in 713 AD. He lived there until his death
in 795, the only times he left the city being those that he went to Mecca as a pilgrim. Therefore, Malik
epitomised the learning of the people of Medina. The Al Muwatta is a book written by Malik on Muslim law,
which contains a compilation of traditions handed down from Prophet Muhammed, his companions and
followers arranged according to the subjects of jurisprudence. In this book, Malik mentions the general
foundations of fiqh, which are the Quran, its texts, its outward meanings and understood meanings, the
Sunnah, the consensus and then analogy26.

Malik ibn Anas was a man profoundly committed to tradition throughout the development of his legal
doctrine. He often stressed the fact that he would not stray from the path that his teachers and the
consensus of the great thinkers of Medina had handed down to him.
Nevertheless, Malik studied and put to use a form of deductive thought process which was similar to
analogy. In his own words, as for those matters that I did not receive from (my predecessors) I exercised
23

The Oxford Encyclopaedia of the Modern Islamic World p. 450 Law: Legal Thought and Jurispudence / Juristic
Schools and Hermeneutical Traditions, p. 456: Sunni Schools of Law.
24

The Oxford Encyclopaedia of the Modern Islamic World. (Oxford: Oxford University Press, 2001), p..459.

25

Western coastal province of Saudi Arabia, home to the pilgrimage cities of Mekka and Medina. It was the first region to
become part of the Islamic world under Muhammads leadership. J.P. Esposito, The Oxford Dictionary of Islam.
26

Abu Zahra Muhammad, The four Imams- Their Lives, Works and Schools of Jurisprudence, Dar Al Takwa 2010 p.89

my reasoning and reflection according to the course of those I have met so that I would not deviate
from the course of the people of Medina and their opinions. If I did not hear anything specifically about a
matter I attributed the opinion (ray) to me.27
Compared to the Hanafi School, the Maliki School is considered to be somewhat more conservative in its
approach to law, and especially in relation to issues concerning the female gender. This is perhaps
something linked with the fact that at the time, Medinas scholars had traditionally followed more
conservative views. According to Maliks doctrine, women can only get married with the approval and
involvement of a marriage guardian. Moreover, Maliki law grants fathers and parental grandfathers the
right to approve a marriage of their daughters and granddaughters without their consent, and in some
cases, even against their will. Hanafi law, on the other hand, limits this coercion (known as jabr) in relation
to marriage to the age of puberty.

Among Malik ibn Anass students was Muhammad ibn Idris al-Shafii., who was the founder of the school
going under his name.

The Shafii School of Law28

As discussed above, the Shafii school was not exactly a school based on the geographic tradition of a
certain area or city; it was an outcome of a single jurists efforts, who was very much knowledgeable in the
doctrines of the other two schools and was able to synthesise new doctrine out of both.

Muhammad ibn Idris ibn al-Abas ibn Uthman ibn Shafii was born in Gaza, Palestine in 767 AD and died in
Egypt in 820 AD. He utilised the opportunity to merge the knowledge of the Iraqi as well as the Hejaz fiqh,
which, along with his extensive traveling in the Islamic world, gave him a profound and deep
understanding of Islamic law. As a result of the above, Shafii gained the opportunity to formulate a new
theoretical basis for law, which is expressed in his famous work, Al-risalah. This book was written in
Bagdad during Shafiis second stay and was revised when the scholar moved to Egypt during the years
814-815.

27

Professor Amin al-Khuli, a reformist scholar, explains that the word ray at that time did not bear its later technical
meaning of opinion vis--vis analogy, but meant rather understanding and good judgment. The Oxford
Encyclopaedia of the Modern Islamic World, p. 459
28

Oxford Encyclopaedia of the Modern Islamic World. p. 460


Shafii regarded himself as a representative of the law school of Medina, even though he had openly
accepted the Traditionists central views. (The Traditionist approach propagated that that Islamic tradition
was more important for the formulation of law compared to the doctrines developed by the various
schools, which emerged across the Islamic world). Shafii first developed his doctrine in Iraq, but when he
moved to Egypt he retreated back to some of his early views on law. Thus, this resulting doctrine came to
be known as the Egyptian doctrine, or new version of Shafiis school. Shafii dictated Al-umm to al-Rabi ibn
Sulayman, a close student of his. It is a highly influential piece of work that did not only define Shafiis own
doctrine, but also many of the elements and differences among other Islamic schools of law. This seven-
volume book deals with many law topics, some of them being: transactions, religious holidays,
penal/criminal matters and personal status manners. The book also makes references to the differences in
Islamic thought on law, such as those between Ali and Ibn Masud, and those between Shafii and Malik. In
Al-umm, Shafii delves into his most loved topic, which is attacking those who do not regard the traditions
of Islam as necessary in the formulation of jurisprudence. He also nullifies the importance of juristic
preference (known as istihsan29) as a valid form of law.

Among Shafiis students was Ahmad ibn Hanbal, whose name was given to the school he founded.
Since Egypt was home of Shafiis doctrine, the Shafii School has deep roots in this particular country. It
was the official school in the times of the Ayyubid dynasty (1169-1252 AD) and maintained a prestigious
rank during the Mamluks, who succeeded the Ayyubids. The Shafii School was replaced by the Hanafi
School much later, when the Ottoman Empire conquered Egypt in 1517 AD. Nowadays, the Hanafi School
constitutes the official law practiced in courts as far as personal status matters go. However, many
Egyptians (especially of the rural areas of the country) follow the doctrine of the Shafii school for their
religious observances. The same happens in many other areas of the Muslim world, i.e. in the greater parts
of Palestine and Jordan, and has many followers in Syria, Iraq, the Hejaz, India, Pakistan, Indonesia, and the
Sunni parts of Iran and Yemen30.


29

Istihsan Search for the best solution. - Refers particularly to the methods used by scholars of school of law of Hanafi
to resolve practical problems posed by the application of the law (Shariah). A Glossary of Islam by Dominique Sourdel
& Janine Sourdel-Thomine, Edinburg University Press, 2007).
30

The Oxford Encyclopaedia of the Modern Islamic World. p. 460

10

The Hanbali School of Law31

Hanbali is another school based on the heritage of a scholar, since it embodied the doctrine, opinions and
fatwas of another important Islamic lawmaker: Ahmad ibn Hanbal. Hanbal was born in Baghdad in 780 AD
and died in the same city in 855. He traveled extensively the Islamic world, in countries like Syria, Yemen
and the Hejaz, as well as Kufa and Basra cities in Iraq. He did so in order to gather as many Islamic
traditions concerning all aspects of law and produce his seminal work, Musnad al-Imam Ahmad. It is a
colossal piece of work, which extends over six volumes and contains more than forty thousand items. The
Musnad al-Imam Ahmad, together with the fact that Hanbali did not write any books on fiqh like many
other of the scholars of his time, leads many Muslim historians to think that he should be regarded a
traditionalist rather than a jurist. Nevertheless, his students assembled his opinions on legal matters as
well as fatwas (juristic rulings) he produced, which led to a set of principles and laws important enough to
create a school out of this great thinkers work on law.

The dedication of the Hanbali School to the traditions of Islam can also be found in its separation from the
views of other schools regarding the sources of law. According to Ibn Qayyim al-Jawziyah (d. 1350), a late
Hanbali legist, there are five main sources of law32: the holy texts of the Quran and Sunnah, the fatwas of
scholars as long as they do not contradict the scriptures, the sayings and opinions of jurists that fall in line
with the holy texts, traditions without a specific lineage of transmission and ownership, and finally the
reasoning which is based on analogy if there are no other means available.

Ibn Hanbal is famous throughout the annals of Islamic history for being a steadfast believer in all things
Muslim in his personal life. He maintained a solid stance, which passionately defended the idea of an
uncreated and eternal Quran. His denial towards the doctrine of the createdness of the Quran led to his
imprisonment during the Inquisition in Baghdad, involving hard conditions and beatings. Hanbals strict
adherence to doctrine is mirrored in the voices of two followers who brought his school back to life: one is
Ibn Qayyim (another great Sunni Islamic jurist) and the great Hanbali school teacher, Tawi al-Din ibn
Taymiyah (d. 1327). Echoes of Hanbalis personal views can also be found in the career of Muhammad ibn
Abd al-Wahhab (d. 1792), who was a famous Hanbali reformer of Nejd.

31

Ibid. p. 461

32

Ibn Qayyim al-Jawziyya, Ibn Taymiyya, and Islamic Theology, J. E. Lowry and D. Stewart. p.201-222

11


Hanbals school includes many followers, an important one being Muwaffaq al-Din ibn Qudamah (d. 1223),
the author of the twelve-volume masterpiece Al-Mughni, as well as author of the Al-umdah. The revived
Hanbali School, which lacked popularity among Muslim followers before the abovementioned Ibn
Tayamiyah, gained even more strength during the 18th century AD. Ibn Abd al-Wahhab was head of a
reformist movement in Arabia, which sought to drive Islam back to its original, pristine foundations. Those
foundations were impeccably loyal to the Quran and the Sunnah, instead of the thought of later Islamic
law scholars.
The success of the Wahhabis33 and the return of the famous Saudi Arabian family in the early 20th century
established the Hanbali School as the official law school of Saudi Arabia. Hanbali is also the official law
school of Qatar, and has many followers in Syria, Iraq, Palestine and other places of the Muslim world.

The two approaches of studying usul al fiqh

Ensuing the establishment of the madhabs (schools of Muslim law), the ulema (the educated class of
Muslim legal scholars) of various schools assumed two separate stances to the study of usul al-fiqh. One is
theoretical, while the other one is based on deductive methods. The main differences of the two
approaches have to do for the most part with their basic orientation: the first one is ultimately based on
the strict adherence to theoretical doctrines and traditions, while the second is more pragmatic because it
sees theory as something formulated according to the legal issues at hand and the way they need to be
tackled. The gap between those two approaches is more akin to their whole design and approach and has
less to do with legal thought in its entirety. The first approach remains loyal to the principles and their
application in law, while the second approach aims to combine traditions and principles in order to meet a
specific cases needs. The theoretical approach to studying usul al fiqh is followed by the Shafii School. On
the other hand, the deductive approach is connected with the Hanafi School. The theoretical approach is

33

Wahhabis - Eighteenth century reformist/revivalist movement for socio-moral reconstruction of society. Founded by
Muhammad ibn Abd al-Wahhab, a Hanbali scholar in Arabia. Proclaimed tawhid (uniqueness and unity of God) as its
primary doctrine. Wahhabism began in response to the perceived moral decline and political weakness of the Muslim
community in Arabia. It proposed a return to an idealized Islamic pas through reassertion or monotheism and reliance on
Quran and hadith, rejection medieval interpretations of Islam and jurisprudence. Emphasized education and knowledge
as weapons in dealing with nonbelievers. Known for its sometimes violent opposition to the popular cult of saints,
idolatry, and shrine and tromp visitation, as well as the sacking of Shii shrines in Najaf and Karbala in 1802. Formed an
alliance with Muhammad ibn Saud in 1747, which served at the basis for the consolidation of the present-day kingdom of
Saudi Arabia. (Esposito John, The Oxford Dictionary of Islam).

12

known as usul al-Shafi'iyyah or tariqah al-Mutakallimin; the deductive approach is known as usul al-
Hanafiyyah, or tariqah al-fuqaha'34.

Relationship between the Four Schools of Law

The traditional schools of law discussed throughout this essay have generally shared relationships of
mutual toleration and respect, despite acts of religious fanaticism of the past. These acts mainly took place
in the high Middle Ages and were carried out by rulers and members of the public alike. However, the
attitude of mutual tolerance dates back to the time of the ancient schools of law reviewed above. These
schools had managed to accept their geographical differences of doctrine as natural. As early as the
second century of the hijra, there was a saying that scholarly religious disagreement between Muslim
communities (known as ikhtilaf) was a sign of spiritual expression. However, this saying came to be known
as a saying of Prophet Muhammad much later. This mutual tolerance between the Islamic schools of law
did by no means come easy, and went through many trials and tribulations, as each school aimed to
maintain its own doctrine unchanged and loyal to its geographical tradition. Shafiis innovative input is
what enabled the opportunity for debate on matters of principle between the schools of law and as a
result, the various schools managed to reach some common ground. Moreover, the consensus, which is
generally considered as the unifying principle of Islam, has proved to be very successful in smoothing out
the differences of doctrine and opinion that different law schools have had, without needing to eliminate
those said differences.

The four schools discussed throughout this essay have proved to be equally respectful to ijma (the
consensus of the Muslim community). All of the schools have the objective to apply and instill the will of
Allah in all of their legal work, by staying close to the holy texts of the Quran and Prophet Muhammads
Sunnah. Their individual interpretations of the holy texts and principles can all be considered equally valid
and important, and their methods of reasoning can be seen in the same light. Ultimately, all of those
schools belong in the orthodox Islamic thought. Any follower of Islam has the right to choose and join the
school of their choice, and also change their adherence to a specific school according to their wish and
without hindrances. With a simple transaction and for any reason be it personal convenience or any other
motive, Muslim followers have the right to depart from the one they follow normally, i.e. because of their
34

M. H. Kamali, Principles of Islamic Jurisprudence International Islamic University, Malaysia, March, 1991 p. 17-19
(Chapter: Two approaches to the study of Usul al-fiqh)

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geographical status and place of residence. This procedure is known as taklid. Nevertheless, is an individual
wishes to carry out the above procedure; they are to follow the principle of their school of choice in every
way until the procedure is complete. Muslim individuals are not supposed to combine different doctrines
from various schools, because this would be considered as talfik, the act of religious unlawfulness. Finally,
it should be noted that Modernists within Islamic culture have disregarded this last rule.




GEOGRAPHICAL UNITS

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Schacht, J. An Introduction to Islamic Law. (Oxford: Oxford University Press, 1982)

Schacht, J. The Origins of Muhammadan Jurisprudence. (Oxford: Clarendon Press, 1950) published in
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Wael B. Hallaq, An Introduction to Islamic Law, Cambridge University Press 2009.

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Wael B. Hallaq, A History of Islamic Legal Theories: An Introduction to Sunni Usul al-fiqh , Cambridge
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Mawil Izzi Dien, Islamic Law: From Historical Foundations to Contemporary Practice. The New
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M. H. Kamali, Principles of Islamic Jurisprudence (International Islamic University, Malaysia, 1991)
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