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Schools of Muslim Law Lecture - 3

The document discusses the primary and secondary sources of Muslim law according to different schools of thought in Islam. It explains the four primary sources - Quran, Sunnah, Ijma and Qiyas. It also discusses the secondary sources and different schools of thought under Sunni and Shia Islam.

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Rakesh Chandra Ghosh
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35 views24 pages

Schools of Muslim Law Lecture - 3

The document discusses the primary and secondary sources of Muslim law according to different schools of thought in Islam. It explains the four primary sources - Quran, Sunnah, Ijma and Qiyas. It also discusses the secondary sources and different schools of thought under Sunni and Shia Islam.

Uploaded by

Rakesh Chandra Ghosh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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MOHAMMEDAN LAW

Lecture 3rd
Schools of Muslim law

By:- Apurva Sharma


Sources of Muslim Law

The primary sources of Muslim law as per the Sunni Muslims:-

1. Quran,

2. The Sunnat (the way of the Prophet),

3. The Ijma (consensus of Islamic scholars), and

4. The Qiyas (reasoning by analogy).


Other Secondary Sources are

1. Judicial decisions,

2. Customs and

3. Legislation.

 In Shia Law there are only two chief sources of

1. Quran

2. Ahadis:- What Prophet said and done.


 Primary Sources:

1. Quran

 The word Quran is derived from the Arabic word ‘Qurra’

which means to read. Every word of Quran is the word of

god, communicated to the Prophet Mohammed through

angel Gabriel for the benefit of mankind, at different times,

places, and situations during the period from 609 to 632

A.D (23 years).


The whole body of the Quran was given to the world in
small incomplete parts during the lifetime of the Prophet.
The Quran was never compiled or arranged in a proper
form. In the starting, it was written down on palm leaves,
skin or parchment, so it was available in this form only.

 The Quran was structured in Arabic and it consists of


114 chapters, which are known as Suras. The Suras
contain 6666 verses which are called Ayats and the total
number of 77, 934 words.
Out of these verses, 200 dealt with legal principles such as
marriage, maintenance, transfer of property, inheritance, etc.

 The Quran was disclosed over two periods which :

 Meccan

 Medina

 The words of the Quran is divine in nature, it cannot be


amended, revised, or modified by any institution or human
agency. The sacred book has been translated into a number
of languages as well.
2. The Sunnat

 Sunnat is also known as Hadis or Sunna, it is the


traditions of the Prophet Mohammed. The term Sunnat
means a procedure, the trodden path or a way of action.
Quran consists of the words of Allah but on the other
hand, Sunnat indicates some precedents, acts, language,
and the practice of the Prophet. Whatever the actions of
the Prophet were or the Prophet said or did was
considered as a tradition.
 The Traditions of Sunna comprises of:
(1) Sunnat-ul-Fail :- Sometimes, the Prophet gave his
opinion or after consulting with some of his companions
but most of his verdicts were influenced by divine
authority. He was considered as a role model and others
were inspired by whatever he did. This was known
as Sunnat-ul-fail, which means whatever he did by
himself.
(2) Sunnat -ul-Tuqrir :- There were many instances when
in his presence people did some acts which were in
accordance with the Quran. The acts of the people which he
allowed without openly expressing his consent through
words were known as Sunnat -ul-Tuqrir'.
(3) Sunnat-ul-Qaul:- All the enjoined words & the
precepts of the Prophet were known as Sunnat-ul-Qaul.

3. Ijma

 Ijma is a consensus within Muslim Jurists on a


particular legal issue. In simpler words when Quran
and other traditions were not able to provide any rule
of law for a particular problem, the jurists
unanimously gave their decision and this was referred
to as Ijma.
 Those people who had much knowledge
and learning about the law were known
as Mujtahids (jurists).
There are two types of Ijma or
consensus:

1. Ijma-al-ummah (Community consensus)

2. Ijma-al-aimmah (Religious authorities


consensus)
4. Qiyas

Qiyas is the fourth primary source of Islamic law, it means


analogical reasoning. The term in the literal sense is known
measuring or ascertaining the length, quality, and weight of
something. There are no clear authorities of Qiyas in the Quran.
However many legal jurists have provided several proofs from
the Quran and Sunnat and also from the practices done by the
companions as indirect evidence to support the authority of
Qiyas.
 The Hanafi school of thought very strongly supports Qiyas.
 Secondary Sources:-

1. Judicial Decisions

 Our Indian judiciary at several instances interpreted Muslim law


in several cases. All these interpretations is generally relied upon
primary sources. Legislation, opinion of jurists and courts have
settled many important legal anomalies using judicial
interpretations.
2. Customs

 Customs are basically practices that people follow continuously


for a long period of time. In fact, it is followed for so long that it
obtains the status of law in some cases. In Muslim law there are
3. Legislation

 Muslim law in India is not codified, but the Parliament

has made some laws to regulate Islamic practices. For

ex. The Muslim personal law (Shariat) Application

Act, 1939.This act deals with the marriage, succession,

inheritance and charities among Muslims.


SCHOOLS OF MUSLIM LAW.
Schools developed under Sunni were-

 Hanafi School ( 699 AD – 767 AD)

 The founder of this school was Imam Abu Hanifa. He

had two most important disciples – Abu Yusuf and

Imam Muhammad. In India, mostly Muslims follow

Hanafi school. This school was followed in China,

Pakistan, Afghanistan, Turkey as well.


 Maliki School (711 AD – 795 AD)

 The founder of this school was Imam Malik. They


were followers of the hadiths however only the ones
that were authentic or adequate even if they were
not correct as per the parameters laid down. People
of Madina also followed a certain way of Islam, this
way was also followed by the Maliki School. They
accepted the practices of the people of Madina and
the sayings of the companions of the prophet.
 Shafi School ( 767 AD – 820 AD)

 The founder was Imam Muhammad ibn Idris Ash-Shafi who was also
a disciple of the Maliki School. They followed all four sources.

 Hanbali School (780 AD – 855 AD)

 Ibn Hanbali was the founder of the Hanbali School of Islamic


Jurisprudence. They were strict regarding the traditions of the Prophet
and strictly confirmed to the Principle of Hadiths. Their methodology
depended on Quran, Ijma, and Sunnat. They followed Qiyas only
when they believed it to be necessary. They were dominant in Saudi
Arabia mostly.
 Schools developed under Shia were-

 Ashriya School

 The founders of this school are twelve Imams, thus the

Arabic Term Itna Ashris means Twelvers. They are followed

in Syria, Lebanon, and Pakistan. The majority of the Shias

follow this school. In India also this school is followed by

Muslims residing in Lucknow, Murshidabad, and Deccan,

Kashmir.
 Ismailiyah School

 The school of Ismailis accepted only seven Imams and were


hence known as the ‘Seveners’. Their origin could be traced
to Egypt. There consist two groups of them viz,

(1) the Kohojas or Eastern Isamilis who were believed to be


followers of Aga Khan who was the 49th Imam in the line
of the prophet, and

(2) Western Ismailis popularly called as Bohoras who were


divided among the Sulaymanis and Daudis. They prevailed in
Central Asia, East Africa, Arabia, Pakistan, Syria, and Iran.
 Zaidiyah School

 Imam Zaidi founded this school. They believed that

Imam should be based on election, so the succession in

this school is through the election. They believe Imam to

be above and considered as a ‘right guide’. The Zaidis

were followed in the South of Arabia, mostly in Yemen.

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