Madhhab

A ''madhhab'' (, , pl. , ) refers to any school of thought within Islamic jurisprudence. The major Sunni ''madhhab'' are Hanafi, Maliki, Shafi'i and Hanbali.
They emerged in the ninth and tenth centuries CE and by the twelfth century almost all Islamic jurists aligned themselves with a particular ''madhhab''. These four schools recognize each other's validity and they have interacted in legal debate over the centuries. Rulings of these schools are followed across the Muslim world without exclusive regional restrictions, but they each came to dominate in different parts of the world. For example, the Maliki school is predominant in North and West Africa; the Hanafi school in South and Central Asia; the Shafi'i school in East Africa and Southeast Asia; and the Hanbali school in North and Central Arabia. The first centuries of Islam also witnessed a number of short-lived Sunni ''madhhabs''. The Zahiri school, which is considered to be endangered, continues to exert influence over legal thought. The development of Shia legal schools occurred along the lines of theological differences and resulted in the formation of the Ja'fari ''madhhab'' amongst Twelver Shias, as well as the Isma'ili and Zaydi ''madhhabs'' amongst Isma'ilis and Zaydis respectively, whose differences from Sunni legal schools are roughly of the same order as the differences among Sunni schools. The Ibadi legal school, distinct from Sunni and Shia ''madhhabs'', is predominant in Oman. Unlike Sunnis, Shias, and Ibadis, non-denominational Muslims are not affiliated with any ''madhhab''.

The transformations of Islamic legal institutions in the modern era have had profound implications for the ''madhhab'' system. With the spread of codified state laws in the Muslim world, the influence of the ''madhhabs'' beyond personal ritual practice depends on the status accorded to them within the national legal system. State law codification commonly drew on rulings from multiple ''madhhabs'', and legal professionals trained in modern law schools have largely replaced traditional ''ulama'' as interpreters of the resulting laws. In the 20th century, some jurists began to assert their intellectual independence from traditional ''madhhabs''. With the spread of Salafi influence and reformist currents in the 20th century; a handful of Salafi scholars have asserted independence from being strictly bound by the traditional legal mechanisms of the four schools. Nevertheless, the majority of Sunni scholarship continues to uphold post-classical creedal belief in rigorously adhering (''Taqlid'') to one of the four schools in all legal details.

The Amman Message, which was endorsed in 2005 by prominent Islamic scholars around the world, recognized four Sunni schools (Hanafi, Maliki, Shafi'i, Hanbali), two Shia schools ( Ja'fari, Zaydi), the Ibadi school, and the Zahiri school. Schools of Islamic jurisprudence are located in Pakistan, Iran, Bangladesh, India, Indonesia, Nigeria, Egypt, Turkey, Afghanistan, Kazakhstan, Russia, China, the Philippines, Algeria, Libya, Saudi Arabia, and multiple other countries.

"Ancient" schools

According to John Burton, "modern research shows" that fiqh was first "regionally organized" with "considerable disagreement and variety of view." In the second century of Islam, schools of fiqh were noted for the loyalty of their jurists to the legal practices of their local communities, whether Mecca, Kufa, Basra, Syria, etc. Burton, ''Islamic Theories of Abrogation'', 1990: p.13 (Egypt's school in Fustat was a branch of Medina's school of law and followed such practices—up until the end of the 8th century—as basing verdict on one single witness, not two, and the oath of the claimant. Its principal jurist in the second half of the 8th century was al-Layth b. Sa'd.) Al-Shafiʽi wrote that, "every capital of the Muslims is a seat of learning whose people follow the opinion of one of their countrymen in most of his teachings". The "real basis" of legal doctrine in these "ancient schools" was not a body of reports of Muhammad's sayings, doings, silent approval (the ahadith) or even those of his Companions, but the "living tradition" of the school as "expressed in the consensus of the scholars", according to Joseph Schacht.

Al-Shafi‘i and after

It has been asserted that ''madhahib'' were consolidated in the 9th and 10th centuries as a means of excluding dogmatic theologians, government officials and non-Sunni sects from religious discourse. Historians have differed regarding the times at which the various schools emerged. One interpretation is that Sunni Islam was initially split into four groups: the Hanafites, Malikites, Shafi'ites and Zahirites. Later, the Hanbalites and Jarirites developed two more schools; then various dynasties effected the eventual exclusion of the Jarirites; Christopher Melchert, ''The Formation of the Sunni Schools of Law'': 9th–10th Centuries C.E., pg. 178. Leiden: Brill Publishers, 1997. eventually, the Zahirites were also excluded when the Mamluk Sultanate established a total of four independent judicial positions, thus solidifying the Maliki, Hanafi, Shafi'i and Hanbali schools. During the era of the Islamic Gunpowders, the Ottoman Empire reaffirmed the official status of these four schools as a reaction to Shi'ite Persia.Chibli Mallat, ''Introduction to Middle Eastern Law'', pg. 116. Oxford: Oxford University Press, 2007. Some are of the view that Sunni jurisprudence falls into two groups: ''Ahl al-Ra'i'' ("people of opinions", emphasizing scholarly judgment and reason) and ''Ahl al-Hadith'' ("people of traditions", emphasizing strict interpretation of scripture).

10th century Shi'ite scholar Ibn al-Nadim named eight groups: Maliki, Hanafi, Shafi'i, Zahiri, Imami Shi'ite, Ahl al-Hadith, Jariri and Kharijite. Abu Thawr also had a school named after him. In the 12th century Jariri and Zahiri schools were absorbed by the Shafi'i and Hanbali schools respectively. Ibn Khaldun defined only three Sunni ''madhahib'': Hanafi, Zahiri, and one encompassing the Shafi'i, Maliki and Hanbali schools as existing initially, noting that by the 14th-century historian the Zahiri school had become extinct, only for it to be revived again in parts of the Muslim world by the mid-20th century.

Historically, the ''fiqh'' schools were often in political and academic conflict with one another, vying for favor with the ruling government in order to have their representatives appointed to legislative and especially judiciary positions.

Modern era

The transformations of Islamic legal institutions in the modern era have had profound implications for the ''madhhab'' system. Legal practice in most of the Muslim world has come to be controlled by government policy and state law, so that the influence of the ''madhhabs'' beyond personal ritual practice depends on the status accorded to them within the national legal system. State law codification commonly utilized the methods of ''takhayyur'' (selection of rulings without restriction to a particular ''madhhab'') and ''talfiq'' (combining parts of different rulings on the same question). Legal professionals trained in modern law schools have largely replaced traditional ulema as interpreters of the resulting laws. Global Islamic movements have at times drawn on different ''madhhabs'' and at other times placed greater focus on the scriptural sources rather than classical jurisprudence. The Hanbali school, with its particularly strict adherence to the Quran and hadith, has inspired conservative currents of direct scriptural interpretation. In the 20th century many Islamic jurists began to assert their intellectual independence from traditional schools of jurisprudence. Examples of the latter approach include networks of Indonesian ulema and Islamic scholars residing in Muslim-minority countries, who have advanced liberal interpretations of Islamic law.

Schools

Generally, Sunnis will follow one particular ''madhhab'' which varies from region to region, but also believe that ''ijtihad'' must be exercised by the contemporary scholars capable of doing so. Most rely on ''taqlid'', or acceptance of religious rulings and epistemology from a higher religious authority in deferring meanings of analysis and derivation of legal practices instead of relying on subjective readings.

Experts and scholars of ''fiqh'' follow the '' usul'' (principles) of their own ''madhhab'', but they also study the ''usul'', evidences, and opinions of other ''madhahib''.

Sunni

The four main schools of jurisprudence of Sunni Islam are the Hanafi, Shafi'i, Maliki and Hanbali schools. There's also the Zahiri school but it has less followers. Historically, there were other schools of jurisprudence but they became extinct which include the Jariri, Awza'i, Laythi, Thawri and Qurtubi schools. The reason for the survival and dominance of the main schools was because of a number of factors including state support for specific scholars, dominance in debates and student numbers. Sunni schools take their name from the classical jurist who founded them.

Hanafi

The order of priority for deducing law by the Hanafi school is:

# Quran
# Sunnah
# Ijma of the Sahaba
# Individual opinions of the Sahaba
# Qiyas
# Istihsan
# Urf

Maliki

The order of priority for deducing law by the Maliki school is:

# Quran
# Sunnah, a hadith would be rejected if it contradicted the practice of the people of Medina
# ʻAmal, the practice of the people of Medina
# Ijma of the Sahaba
# Individual opinion of the Sahaba
# Qiyas
# Isolated customs and practices of pockets of Medinans were also given some weight
# Istislah
# Urf

Shafi'i

The order of priority for deducing law by the Shafi'i school is:

# Quran
# Sunnah
# Ijma
# Individual opinions of the Sahaba
# Qiyas

Hanbali

The order of priority for deducing law by the Hanbali school is:

# Quran
# Sunnah
# Ijma of the Sahaba, but not the ijma after that period
# Individual opinions of the Sahaba
# Weak hadith unless its weakness is attributed to transmission by degenerates or liars
# Qiyas

Zahiri

The order of priority for deducing law by the Zahiri school is:

#Quran
#Sunnah
#Ijmah of the Sahaba

Shia

The Twelver school of jurisprudence is known as the Ja'fari school. The other two schools are the Zaydi and Ismaili schools.

Ja'fari

The Ja'fari school was named after the sixth Imam, Ja'far al-Sadiq. The order of priority for deducing law by the Ja'fari school is:

# Quran
# Sunnah
# Ijtihad of the Imam

See also

* Sharia (Islamic law)
* Schools of Islamic theology
* Islamic schools and branches
* Fiqh
* The four Sunni Imams
* Ikhtilaf
* Ijtihad
* Taqlid
* Verse of Obedience
* Uli al-amr
* Istihsan
* Qiyas

References

Notes

Citations

Sources

*
* Branon Wheeler
Applying the Canon in Islam: The Authorization and Maintenance of Interpretive Reasoning in Ḥanafī Scholarship
SUNY Press, 1996.

Further reading

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External links

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Arabic words and phrases in Sharia
Islamic jurisprudence
Islamic schools