IN THE NAME OF ALLAH ALMIGHTY

Subject: Islamic Jurisprudence-I Instructor: Tayyab Haneef

Program: B.A, LLB (Hons) Lahore Leads University, Pakistan
______________________________________________________

Islamic Jurisprudence
(‫)أصول الفقه‬
Course Title: ISLAMIC JURSPRUDENCE-I
Course Code: LLB 2301
Cr. Hrs. P/W: 3
Total Cr.Hrs 45
Total Week: 15 week

Introduction/Objectives:
The course will elaborate–Islamic Legal theories including their philosophical, historical and sociological
basis.-. The Course will cover the history and the growth of the Muslim legal system, the primary and
secondary sources of Islamic Law: a). The Quran and the Traditions b).Ijma and customs, Juristic
Deduction: a). Qiy'as or Analogy, b).Istehsan or Juristic -preference, c).Istedlal, d).Ijtehad and Taqlid.
Course Contents
1. History of the growth of the Muslim legal system

2. Various Schools of Islamic Law

3. Sources of Law

a) The Qur’an and the Traditions

b) Ijma and customs

4. Juristic Deduction

a) Qiy’as or Analogy

b) Istehsan or Juristic Equity

c) Istedlal

d) Ijtehad and Taqlid

Assessment Exercise Per cent Marks

Sessional Work (Quizzes/Test(s)/Assignment(s)/Term Paper, etc.) 25%
Mid-Semester (Mid Term) Examination 30%
Attendance / Participation in Course 5%
End of Semester (Final) Examination 40%

Recommended Reading:
1. Coulson, N. J. A History of Islamic law. Edinburgh: University Press, 1964, (2006 rpt.)
2. Engineer, Asghar Ali. Islam: Misgivings and History. New Delhi: Vitasta, 2008.
3. Faruki, Kemal A. Islamic Jurisprudence. Karachi: Royal Books, 2003 (rpt.).
4. Hassan, Ahmad. The Early Development of Islamic Jurisprudence. Islamabad: Islamic Research Institute, 1970.
5. Khadduri, Majid. (Tr.) Al-Shafi’i’sRisala(Treatise on the Foundations of Islamic Jurisprudence. Cambridge: Islamic
Text Society, 2008 (rpt.)
6. Nyazee, Imran A. Khan. Outlines of Islamic Jurisprudence, 4th edn. Islamabad: Advanced Legal Studies Institute,
2008.
7. Nyazee, Imran A. Theories of Islamic Law. Islamabad: Advanced Legal Studies Institute, 2007.
8. Rahim, Abdur. The Principles of Islamic Jurisprudence. New Delhi: KitabBhavan 2006. (rpt.).
9. Schact, Joseph. An Introduction to Islamic Law. Oxford: OUP, 1983.
Modern Arabic Works:

 'Abd al-Wahhab Khallaf's 'Ilm Usul al-Fiqh

 Abu Zahrah's Usul al-Fiqh

 Muhammad al-Khudari's Usul al-Fiqh

 Badran's Usul al-Fiqh al-lslami

Tayyab Haneef 1 Lahore Leads University, Pakistan

Introduction to Islamic Jurisprudence:
The Prophet (peace and blessings be upon him) said,

“Whomever Allah wants good for, He will grant him fiqh (deep understanding) of the
religion.” (Sahih Bukhari )

All Muslim Jurists are unanimously agreed that every word and action of a man though
related to worship, trade, crime, and politics or even to personal life, has legal ruling
(Hukm) under Islamic Law. From these legal rules (Ahkam), some of them explicitly have
been described in the text of Quran and Sunnah and some legal rules are not mentioned,
however guidance has been provided to Muslim Jurists (Mujtahideen) to find and explore
in the light of Quran and Sunnah. The study and exploration of these legal rules by Muslim
Jurists may be called as Islamic Jurisprudence.
Islamic Jurisprudence is the study of Islamic law. It is a type of science that explores the
creation, application, and enforcement of laws. It is the study of theories and philosophies
regarding Islamic law. If we understand the theories and philosophies behind law, then we
can better understand laws.
Islamic Jurisprudence (Usul al Fiqh) discusses both the sources of Islamic law and
the law. Primarily Islamic Jurisprudence deals with the sources or roots of Islamic law.
Islamic Jurisprudence deals with the primary sources of Islamic law, the Quran and the
Sunnah, and what are the methods of deduction of law from primary sources. It also
discusses the secondary sources of Islamic law, the Ijma (consensus), Qiyas (analogical
deduction), Istihsan (Juristic preference) and other methods of Ijtihad (reasoning and
investigation) etc. All the secondary sources are either directly or indirectly based on the
primary sources of Islamic law, the Quran and the Sunnah.

Example:

The Science of Usool al-Fiqh is about the method by which rules are deduced from
indications (evidences), so imagine a man thinking of a way to pick a fruit from a tree! The
man is the mujtahid; the tree is the source/ evidence; the fruit is the hukm (ruling) and the
method of picking is the procedure of deduction.

1- The Rules (Fruit)

2- The Sources (Tree)
3- The Rules of Interpretation (Istinbaat)/ Implications (Dalalaat) (Method of Picking)
4- The Interpreter (al-Mujtahid) and His Work (Ijtihaad) (Man)

Importance:

The benefits of the study of Islamic Jurisprudence are many. From a study of Jurisprudence,
we come to know the methods of interpretations of the Quran and Sunnah, all the
secondary sources of Islamic law, the views of major scholars of the past and present, the
rules of Qiyas and other methods of Ijtihad, the history of development of Islamic law and
legal theory. All these make anybody who studies Islamic Jurisprudence cautious in
approach to Islamic law.

The need for the methodology of usul al-fiqh became prominent when unqualified persons
attempted to carry out ijtihad, and the risk of error and confusion in the development of
Shari'ah became a source of anxiety for the Ulama. This subject has much importance
because deduction (ijtihad) of an authentic Muslim jurist is applicable on every Muslim to
follow the rules laid down by him.

The Muslim Ummah can produce great mujtahid only by study of Jurisprudence in addition
to other sciences. No Muslim can do Ijtihad or interpret Islamic law without having
command on this subject. A Muslim, who has command on Islamic Jurisprudence, is called

Tayyab Haneef 2 Lahore Leads University, Pakistan

Mujtahid. The principal objective of Islamic Jurisprudence is to regulate Ijtihad and guide
the jurist in his effort at deducing the law from the sources.

Literal Explanation

Islamic Jurisprudence and Usul al Fiqh are used as synonyms. Both terminologies
are interchangeable, but they have slight differences in their origins and meanings as
following:
Uṣūl al-fiqh (‫)أصول الفقه‬ comprises the conjunction of two Arabic
terms, usool and fiqh. Usool is derived from the root word ASL (Usul is plural of Asl) which
refers to the bases or roots (principles or rules) of Islamic Law. Fiqh linguistically refers to
knowledge, deep understanding or comprehension. Thus, it is the knowledge of
fundamentals of Islamic law.
Islamic Jurisprudence : The word jurisprudence is derived from a Latin maxim as referred
'jurisprudentia'.It is a combination of two words 'juris' which means 'law' and 'prudence' which
means 'knowledge' or 'skill'. Therefore Islamic jurisprudence is the study, knowledge, skill
and theory of Islamic law. Jurisprudence includes principles behind law that make the law.

Fiqh: 'knowledge of the practical rules of Shari’ah acquired from the detailed evidence in the sources'.

Fiqh, is the law itself whereas usul al-fiqh is the methodology of the law.

Legal Definitions

Islamic Jurisprudence can be defined in many ways:

Imam Ibn al Hajib in his book “Mukhtasar al-Muntaha”, states as

“They are the principles by the use of which the Mujtahid(Jurist) derives the legal rules of
conduct from the specific evidences”

This definition explores that Islamic jurisprudence is a body of principles of interpretation

by the help of which the Mujtahid is able to derive the law from the detailed evidences in
the Quran, the Sunnah , Ijma and Qiyas.

Imran Ahsan Nyazee describes in his book “Islamic Jurisprudence” as

“The discipline imparting a knowledge of the sources and principles of interpretation and
of legal reasoning that helps the jurist arrive at the legal rules of conduct” Islamic
jurisprudence may be defined as “Science of basic principles of Islamic Law”

It is very pertinent to mention here that some of the scholars have pronounced Islamic
Jurisprudence incorrectly as “the principles of Muhammadan Jurisprudence” or
“Muhammadan Jurisprudence” or “Muhammadan Law” which is wrong under Islamic law,
because it is not the law of man “Muhammad (PBUH)” but the law of God “Allah Almighty.”

To conclude we can say that Islamic Jurisprudence is the study and critical analysis of the
origins, sources, and principles upon which Islamic law is based.

History of the Growth of the Muslim Legal System:

History of the Growth of the Muslim Legal System is the study of how Islamic
law has evolved and why it changed. History of the Growth of the Muslim Legal System is
different from the Islamic history. We are concerned here not with history but with growth
and development of law. We examine the foundation of the legal schools through a
historical analysis of Islamic law in the era of the Prophet, rightly guided caliphs, tabi’in,
and the great imams. We will explore the process of the development and refinement of a
legal school and why following a legal school is the best option to implement Islam in your
life.

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 We can divide the whole development of Islamic law during the past 1500 years into
five periods. The first period begins from the date when the Prophet Muhammad (PBUH)
was inspired by the first revelation and terminates with the end of Prophetic career. The
second period starts with the period of the first Caliph and covers the reign of four Caliphs.
The third period marks the beginning of the four Sunni schools of thought and then the
fourth period begins where the period of Sunni schools of thought ends. The fifth and final
period starts with the twentieth century and is going on till today.

1) Legislative Period

The first period commenced when the Prophet Muhammad (PBUH) was guided by
the first revelation by God and ended with his death. The prophetic era, comprising the life
of the Prophet (peace be upon him), saw the completion of the edifice of the Shariah
(Islamic Law) and the completion of the religion. The prophetic period (610-32 A.D)-the
whole Quran was revealed and the Prophet explained and reinforced it through his own
teaching and practice, the Sunnah. The Qur'an became the first source of Islamic Law. It
was that period during which not only the Qur'an became Law for public, but also were the
precepts of the Holy Prophet (PBUH) made available to the Muslim community as a
second source of Islamic Law. It is the embodiment of the dictates of the Allah Almighty
who is considered in Islam to be the supreme Legislator. It was the time when laws were
enacted by the divine legislator and promulgated in the words of the Quran, or by the
percepts of Muhammad(PBUH) as Sunnah. It is for this reason that this period is known as
the " Legislative period in Islam". There was no need for speculative legal reasoning
(ijtihad) simply because the Prophet himself provided definitive rulings on issues as and
when they arose.

The traditions of the Prophet Muhammad (PBUH) are no less important both in respect of
their source as well as in their nature, as they are regarded as having in them the element
of divinity. Qur'an and Tradition, which format the basis of Islamic Law, laid down many
principles and introduced new reforms in all fields of law in civil, criminal and
constitutional laws the ages of darkness:

2) Interpretation Period

The second period is the era of the Prophet's Companions , the rightly guided Caliphs on
11 A.H, (632-61 A.D) and their successors ( Tabiun) and ends with the foundation of
different schools of jurisprudence. This period is considered the preliminary stage for the
codification of Islamic Law. It w as an age is as has been observed mainly of collection,
interpretation, supplementation of the textual subject and extension of Islamic laws
by collective deliberations.

In this period fiqh and ijtihad find their historical origins. The Companions of the
Prophet took a rational approach toward the textual materials - the Quran and the
Sunnah. The divine law (Qur'an and Traditions) was developed by dint of hard effort and
literal devotion by the Caliphs towards the ordinary sources of Islamic Law.

Speaking of the development and growth of Muslim legal system in generally one should
note that during A.H 11 or A.D 632, with the end of the Prophetic career, the community
was left only with the Qur'an and the Sunnah of the Prophet (PBUH) for its guidance. The
people eventually had to look to the trusted lieutenants of the Prophet (PBUH) Hazrat Abu
Bakar, Umar, Usman and Ali (R.A). These pious people in turn had to decide matters in the
light of the Qur'anic Injunctions and precepts of the Prophet (PBUH). If they felt a particular
point was not sufficiently covered by the Qur'an or Traditions, they had to decide the
matter in the light of Quran and Sunnah through reason. Another safe and reliable method,
evolved by these companions, was the unanimous verdict of the group of the learned
personalities known as Ijma. Ijma means the consensus of the learned people on any

Tayyab Haneef 4 Lahore Leads University, Pakistan

question of Law. Hence, consciously or unconsciously Ijma as a third source of Islamic
Law, developed in this period. Even the election of the first caliph viz. Hazrat Abu Bakar
(RA) as the chief executive of the community, was based on consensus. There was Ijma on
the Qur'an and the Traditions as very sound and solid sources of Islamic Law. Subsequent
to the introduction of Ijma, as a method of reasoning, the use of Qiyas, i.e. analogy, also
developed to a certain extent.

The period of Caliphate the age of rightly guided Caliph, was the golden age of Islam. It is
this period which has witnessed the rise and fall of the institution of Caliphate: it is the
second phase in the development of Islamic Law which is marked by the emergence of Ijma
and to a certain extent Qiyas as a source of Islamic Law. The administrative decrees issued
by the early Caliphs supplied answers to many legal problems.

3) Scientific Period

The third period starts from the beginning of the second century A.H to the middle of the
fourth. During this stage, the codification of Islamic Law was completed.
At this stage, Islamic Law became a distinct science of its own that scholars would
specialize in. Schools of thought were formed in this period, which is the stage that
Islamic Law as a science was established.
The Islamic schools of thoughts were developed as a natural evolution in the Umayyad and
Abbasid time. In initial stage, the emergence of two schools of legal thought that left a
lasting impact on the subsequent development of Muslim Legal system: (1)Traditionists
(Ahl al-Hadith), who were centered mainly in Mecca and Medina in the Hejaz, and (2) the
Rationalists (Ahl al-Ray), who were active in the Iraqi cities of Kufa and Basra. Whereas
the Traditionists relied mainly on textual authority and were averse to the use of personal
opinion (ray), the Rationalists were inclined, in the absence of a clear text, toward a more
liberal use of personal reasoning.

During this process came the downfall of Umayyad dynasty which was replaced by Bani
Abbas. This dynasty was more awakened to learning and gave due encouragement
developing the science of jurisprudence. It was in the reign of Bani Abbas that the four
Sunni schools of law were founded.

Imam Abu Hanifah was the most outstanding jurist of the four and he was responsible for
developing the theory of Istehsan known as "Juristic Preference: which, eventually
emerged and established itself as a source of Islamic Law. While Abu Hanifah was the first
to have started the study of jurisprudence as a separate science, Imam Shaf'i was a pioneer
in writing a book on jurisprudence. He promoted the idea of studying Fiqh and Traditions
from the technical point of view and himself worked intensively in the same direction
Hazrat Imam Malik is known by his "doctrine of public good". Imam Shaf'i accepted Qiyas
and extensively used it to deduce rules of Law. As a whole this period was the most
glittering, in this period there came, into use economic terminology, a boom for knowledge
and evolvement of new theories and formulas to meet the requirements of the time.

To sum up, we can say that in this age the compilation of Traditions was undertaken:
Fiqh as a science of Islamic thought was studied, Commentaries were written both on
Qur'an and Tradition and the fullest use was made for the development of legal notion. The
most outstanding among them are known as the Imams of Tradition, as distinguished from
the Imams of jurisprudence. We refer here to Abdullah Muhammad Abu Ismail al-Bukhari,
Commonly known as Bukhari, who devoted his life to the scientific investigation of
Traditions. Along with Bukhari, the names of Muslim Bin al Hajjaj, Tirmizi, Abu Daud, Ibn-e-
Majah and Nisai are noteworthy.

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All four Islamic schools of thoughts, Hanafi, Maliki, Shafe’i and Hanbali, are respected as
valid legal schools of Islam that have arrived through their analysis of the Qur'an and
Sunnah. In fact the differences between the schools are considered a blessing in disguise
as it gives freedom of choice to the people as per their personal inclination.

4) Period of Taqleed

The Fourth phase in the formative history of fiqh began around 950 A.D, after the close of
third century of the Hijrah. This period is characterized by the institutionalization of the
dominant schools, with emphasis not on new developments but on following precedent
(Taqleed). The jurists occupied themselves with elaboration and commentaries on the
works of their predecessors. By far the longest phase, this period lasted for about nine
centuries and witnessed the downfall of the Abbasid and Ottoman Empires, the expansion
in the military and political powers of the West, and the industrial revolution and colonial
domination of Muslim lands by European powers.

5) Period of Renaissance

The Fifth and final period in the development of Muslim legal system began at the turn of
the twentieth century. It is marked by less emphasis on precedent and greater emphasis
on original thinking and the quest to make the Shariah once again relevant to the social
reality and experience of contemporary Muslims. The revivification of fiqh and its
necessary adjustment to respond to the prevailing needs of society is generally seen as an
important component of the Islamic resurgence of the recent .During this period, studies in
Islamic Law broadened considerably, especially in the field of Comparative Law and in the
critical study of the major classical works in the field.

In modern times legal interpretation or reasoning has occurred in the following three
ways: statutory legislation, judicial decision and learned opinion (fatwa), and scholarly
writings. That is why it is rightly said that if the Qur'an and Tradition are legislation, and
Analogy is common law, Istihsan becomes equity.

In the 1967 case of Khursid Bibi vs. Muhammad Amin, the supreme court of Pakistan's
decision to validate a form of divorce, known as khula, that can take place at the wife's
initiative, even without the consent of the husband, can be cited as an example of judicial
ijtihad.

Various schools of Islamic Law

Sunni Schools of Thought

Introduction

The Prophet (peace be upon him) did not leave this world until after the structure of
the Shariah was completed and its basis and general principles fully outlined. This has been
established by a clear text from the Quran:

“This day I have perfected for you your religion and completed My favor upon you and
have approved for you Islam as religion..” (AlQuran 5:3)

At the same time, the Prophet (peace be upon him) did not leave for his Companions
a fully codified Law. He left them with only a collection of principles and general rules and a
number of specific injunctions and judicial verdicts that are found in the Quran and Sunnah.
It was left on Muslim scholars to guide public on new emerging issues, in the light of these
principles laid down in the shape of Quran and Sunnah. That was a great responsibility
which was rightly done by many great scholars. However, four schools of thought became
prominent of them and eventually they were called as “Four Schools of Thought.”

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There is nothing special about their number 'four'. There were many other eminent
scholars, some of whom were contemporaries to those four. However, the four schools
had the publicity because of the adoption of them by certain governments in the course of
history. The ‘Abbasids adopted Abu Yusuf’s (the main student of Abu Hanifah) thought in
their financial administration. The Ayyubi’s adopted the Shafi’i school. In vast areas of
North Africa Imam Malik’s Fiqh was adopted. The Hanbali school is now adopted in Arabia.
Other schools of thought faded away and didn’t have as many supporters, but their
thoughts are still preserved in the important records and works of Islamic literature.

Each of the four scholars (Imam Malik, Imam Ahmed Bin Hambal, Imam Shafi, Imam Abu
Hanifa), who founded the schools of thought known after them, is simply a great scholar.
He does not aspire to any higher position. None of them has added anything to the
religion of Islam. None has a special status. None has made a claim to be followed as a
school of thought.

A school of thought is all about method of construction and deduction of rulings

and verdicts from Quranic and Hadith statements. Those four imams did not have the
same frame of knowledge available to each one of them. They certainly learned the Quran
properly, but their knowledge of Hadith differed and there were some differences in their
approach to Hadith and how they deduced its meaning and applied it to practical
situations.

A school of thought (Maktaba-e-Fikar otr Madhhab) is not to be considered a religious sect.

As sect means ‘a group of people sharing a particular religious, philosophical or political
opinion, who have broken away from the main body’. The Muslims Sects should not be
confused and overlapped with the School of thoughts of Islamic Jurisprudence (Fiqh).
When we talk of different sects of Muslims, it means that these groups have broken away
from the ‘Correct Islamic Faith’, though they claim themselves to be truthful Muslims..like
Ahmadi Mirzai.

In the following lines, we will study various schools of Islamic Law, who expanded the
theoretical and scientifically study of Islamic law and religion.

1) Imam Abu Hanifah ® (699 – 767 AD) – (80-150 AH)

Imam Abu Nahifah the first of the 4 Imams of Islamic Jurisprudence. His real name was
Nu’man Ibn Thabit. He is famous by the name of one of his daughters named Hanifah. He
was born in Kufa in 80 H (699 AD) to a businessmen family who had migrated to Iraq from
Iran.

Hanafi school of thought is generally considered as compassionate towards people. It is

known for its open hearted religious orientation that elevates True Islamic Faith and is
tolerant for differences within Muslim communities. Some people believe that this school of
thought appeals more to reason. It is distinguished from the other schools through its
placing less reliance on mass oral traditions as a source of legal knowledge. It developed
the exegesis of the Qur'an through a method of analogical reasoning known as Qiyas. It also
established the principle that the universal concurrence of the Ummah (community) of
Islam on a point of law, as represented by legal and religious scholars, constituted evidence
of the will of God. This process is called ijma', which means the consensus of the scholars.
Thus, the school definitively established the Qur'an, the Traditions of the Prophet, ijma' and
qiyas as the basis of Islamic law. In addition to these, Hanafi accepted local customs as a
secondary source of the law.

Tayyab Haneef 7 Lahore Leads University, Pakistan

Hanafi Jurisprudential views were preserved primarily by two most important disciples of
Imam Abu Haniifa ®, Abu Yusuf ® and Mohammad Al-Shayban ®. The latter's works,
known collectively as Zahir Al-Riwaya, remained authoritative for later Hanafis.

A unique feature of the Hanafi school is the method in which the law was codified. Imam
Abu Hanifa ® would convene and preside over a board of Jurists (consisting of about 40-50
of his students) and each would give his opinion on a particular legal issue, Imam Abu
Hanifa ® would then decide which is the opinion that is to be selected by corroborating it
or sometimes would offer his own unique opinion. The sources from which the law is
derived by Hanafis, in order of importance and preference are, (i) the Qur'an, (ii) the
authentic narrations of the Prophet (Hadith), (iii) Consensus (Ijma) and (iv) Analogical
reasoning (Qiyas). Analogical reasoning was applied when a decision could not be arrived
at an issue directly from Qur'an or Hadith.

The Hanafi School had based many of its rulings on Prophetic narrations (Hadith)
transmitted by his companions residing in Iraq. Thus it came to be known as the Kufan or
Iraqi school. The fourth rightful Caliph, Hazrat Ali (RU) had transferred the Islamic capital
to Kufa, Iraq and many of the companions of Prophet (SAWS) had settled there. Hazrat Ali
ibn Abi Talib (RU) and Hazrat Abdullah Ibn Mas'ud (RU) formed much of the base of this
school. In addition, Imam Abu Hanifa ® studied under many Imams of Prophet’s (SAWS)
household. His teachers, among others, included Imam Ja'far Al-Sadiq ®, Hammad Ibn
Sulayman ® and Atta ®.

Hanafi methodology involved the logical process of examining Quran and all available
knowledge of the Sunna and then finding an example in them that analogous to the
particular case under review. It thus entails the use of reason in the examination of Quran
and Sunna so as to come to the logical conclusion necessary for the implementation of
Islamic jurisprudence in that case. This made it an ideal legal tool for the central
Governance of widely varied Muslim populations.

Today, the Hanafi school is predominant in Central Asia, Afghanistan, Pakistan, Bangladesh,
India, China, Iraq, Syria, Turkey, Albania, Bosnia, Kosovo, Macedonia and the Caucasus. This
school is also followed by major chunks of populations in other parts of Muslim world.

2) Imam Malik Ibn Anas® (714-798 AD) - (93 – 179 H)

Imam Maalik was the second Imam of Islamic Jurisprudence (Fiqh). His full name was Abu
Abdullah Malik Ibn Anas Ibn Malik Ibn Abi Amir. He was son of Anas Ibn Malik (not the
Sahabi) and Aaliyah bint Shurayk Al-Azdiyya. He was born in Medina. His family belonged
to Al-Asbahi tribe of Yemen, but his great grandfather Abu Amir relocated to Madina after
converting to Islam in 623 AD. Imam Malik died at the age of 89 in Madina in 798 AD and is
buried in the famous Jannatul Baqi cemetery.

Imam Shafi'i ®, who was one of Malik's ® student for nine years and a scholarly giant in his
own right, stated, ‘when scholars are mentioned, Malik is like the star among them’. Imam
Malik is the second of the 4 Imams of Islamic Jurisprudence. His school is based on the
Madina consensus of opinion and uses Hadith as a guide. It appeals to the idea of common
good of people. Imam Malik ® did not record the fundamental principles in a written
format on which Maliki school of thought is based. In this respect, he resembled his
contemporary, Imam Abu Hanifa ®. The Maliki school of thought is predominant in north,
central and west Africa and Egypt.

Imam Malik developed his ideas in Madina, where he knew some of the last surviving
companions of the Prophet (SAWS) or their immediate descendents. His doctrine is
recorded in Muwatta (the book of Hadith written by him) which has been adopted by most
Muslims of Africa except in Lower Egypt, Zanzibar and South Africa.

Tayyab Haneef 8 Lahore Leads University, Pakistan

 3) Imam Muhammad Ibn Idris Al-Shafi'i ® (767-820) – (150-204 H)

Imam Al-Shfi'i is the third of the 4 Imams of Islamic Jurisprudence. His full name was Abu
Abdullah Mohammad Ibn Idris Al-Shafi’i. He was born in Gaza, Palestine. His family moved
to Makka when he was about ten years old. He is reported to have studied with the School
of Makka and then moved to Madina. Afterwards he lived in Makka, Baghdad and finally in
Egypt. His prominent teachers include Imam Malik Ibn Anas and Mohammad Ibn Al Hasan
Al Shaybani. He died at the age of 54 on the 30th of Rajab, 204 H (820 AD). He was buried
in al-Fustat, Egypt.

He developed the principles of Islamic Jurisprudence in a written format.he wrote first

book on Isamic Jurisprudence named “ Al Risalah”.He was known for balance of judgment
and moderation of views. The sources of Islamic Jurisprudence (Usul-e-Fiqh), in order of
priority in Shafi’i school are (i) Quran, (ii) Sunnah of Prophet Mohammad (SAWS) based on
Hadith narrated by companions of Prophet (SAWS), (iii) Consensus of the Muslim
community (Ijma), and (iv) Reasoning (Ra’y). Reasoning is divided into two areas; (a)
Analogical reasoning (Qiyas), and (b) Compassion (Istihsan). His principles became the
basis of Islamic Jurisprudence which were subsequently used by all the schools.

Muslims in Indonesia, Lower Egypt, Malaysia, Singapore, Somalia, Jordan, Lebanon, Syria,
India, Sri Lanka, Palestine, Yemen and Kurds in the Kurdish regions follow Shafi’i school.

4) Imam Ahmed Bin Hanbal ® ( 780 – 855 AD ) - ( 164 -241 H )

Imam Hanbal was born in Central Asia to Arab parents. His full name was Ahmad bin
Muhammad bin Hanbal Abu Abdullah Al-Shaybani. After the death of his father, he moved
to Iraq where he completed his religious studies. He was a student of Imam Shafi’i. Despite
persecution, he held to his belief that the Qur'an was not a creation of Allah (SWT). His
school of law is followed primarily in the Arabian Peninsula. He is the last of the 4 Imams of
Islamic Jurisprudence. Hanbali School of thought is the smallest of all the four schools. It
derives its decrees from the Qur'an and the Sunnah, which it places above all forms of
consensus, opinion or inference. The school accepts as authoritative an opinion given by a
Companion of the Prophet, provided there is no disagreement with another Companion. In
the case of such disagreement, the opinion of the Companion nearest to that of the Qur'an
or the Sunnah is taken into consideration.

Countries where School of Thought is Dominant :

 The Hanbali mad'hab is followed by those in Saudi Arabia
 The Maliki mad’hab is followed by those in North Africa and Spain
 The Shafi’ee mad’hab is followed by those in Yemen, East Africa and Indonesia, and Malaysia
 The Hanafi mad’hab is followed by those in India, Pakistan, Turkey, Iraq, and most other
Muslims in the world.
Conclusion

The four imaams and founders of the schools of Islamic fiqh (Imaam Abu Haneefah, Imaam
Maalik, Imaam al-Shaafa’i and Imaam Ahmad) – may Allah have mercy on them all – all
followed the texts of the Shari’ah and their efforts were all focused on teaching and
spreading sound Islamic knowledge. All of them were on the right path, and all were
devoted followers of the Prophet (peace and blessings of Allah be upon him).

The person who is suitably qualified can examine what the scholars said and see what is
supported by sound daleel. The “rank and file” Muslim who does not know how to examine
the evidence and weigh it up should follow a scholar or school of thought whose religious
commitment and knowledge he trusts, and act according to his fatwas. And Allah knows
best.

Tayyab Haneef 9 Lahore Leads University, Pakistan

Shia Schools of Thought

Introduction

The main difference nowadays between the Ahle-Sunna (Sunnites) and the Shiites is the
question of Imamate, or the religious leadership and authentic authority after the death
of Prophet Muhammad (PBUH). For the Ahle-Sunna (Sunnite) group, there is no specific
religious source (in Quran or Hadith) regarding the leadership of the Caliphs who came
after prophet Muhammad (pbuh), i.e., Abou Bakr, Omar, Othman, and Ali, (may Allah be
pleased them all) etc., while for the Shiite group, there is Hadith mentioning the
legitimate inheritance of leadership to Ali. And this is where the difference started.

Another difference is that the Ahle-Sunna believe that after the prophets, there is no
person who is exempt from major sinful acts and selected by God, while for the Shiite,
there is the belief that the first twelve Imams after prophet Muhammad who are
descendants from his family, are exempt from these sins, they behave them like prophets
but do not receive any revelations. There are of course other differences that are based
on matters of ideology and on matters of Jurisprudence. Shia Islam is divided into three
branches.

1) Ja’friyah:

The Ja‘fari school of thought was headed by Imam Ja‘far ibn Muhammad al-Sadiq who lived
from 83H to 148H. He was born in and died in the holy city of Madina, and he is the sixth
Imam of the twelve designated imams of the school of Ahlul Bayt. The phrase ‘Twelver
Shi'ites’ is used interchangeably with ‘Ja'fari Shi'ites’ and ‘Imami Shi'ites’ in various
literature. These are different names for the same school of thought.The largest are
the Twelver (Isna-Ashriya).Twelvers believe in twelve Imams. The twelfth Imam is
believed to be in occultation, and will appear again just before the Qiyamah(Islamic view of
the Last Judgment). The Shia hadiths include the sayings of the Imams. They form a
majority of the population in Iran, Azerbaijan, Bahrain and Iraq.

2) The Ismailis

The Ismailis and Twelvers both accept the same initial Imams from the descendants of
Muhammad through his daughter Fatima Zahra and therefore share much of their early
history. However, a dispute arose on the succession of the Sixth Imam, Ja'far al-Sadiq. The
Ismailis are those who accepted Ja'far's eldest son Ismā'īl as the next Imam, whereas the
Twelvers accepted a younger son, Musa al-Kazim. Today, Ismā'īlīs are concentrated in
Pakistan and other parts of South Asia.

3) Zaidiyah

Zaidiyah historically come from the followers of Zayd ibn Ali, the great-Grandson of 'Ali b.
Abi Talib. They follow any knowledgeable and upright descendant of al-Hasan and al-
Husayn, and are less esoteric in focus than Twelvers and Ismailis. Zaidis are the most akin
sect to Sunni Islam amongst the Shi'ite madh'habs. A great majority of them, more than
Seven Million people who constitutes less than 1% of the World overall Muslim population,
lives in Yemen.

Tayyab Haneef 10 Lahore Leads University, Pakistan