SCHOOL OF THOUGHT
INTRODUCTION;
Difference of opinion among my community is a sign of the bounty of God." - Prophet
Muhammad (pbuh)
Islamic law and its practicing Muslim have changed and developed over centuries of thinking.
Following the death of the prophet Muhammad pbuh, there have always been differences of
opinion in how best to understand the message of God. Different interpretations on what
Islamic law should be, is reflected in the diverse range of schools of thought or ways of studying
and practicing Islam. The set of principles adopted by each school is followed by the jurists
within the school. It is obvious that the use of one set of principles my lead to a different legal
opinion of the derived law. For example, it is an established principle within the Hanafi school
that the legal opinion of a companion of the Prophet, especially a jurist companion, sets a
binding precedent for the later jurists, it has to be followed. The Safi school does not follow this
principle.
The common factor among the different groups is the Quran and the recorded sayings and
actions of the Prophet (peace and blessings upon him) - Sunnah - as sources of information and
guidance. Within Sunni and Shi'a Islam there are six main schools of Islamic law - fiqh:
SUNNI SCHOOLS:
The Hanbali School is named after Ahmad Ibn Hanbal
The Hanafi School is named after Abu Hanifa
The Shafi'i is named after al-Shafi'I
The Maliki is named after Anas bin Malik
They are related as;
Imam Malik of Maliki school of though was a student of Imam Abu Hanifa (Hanafi)
Imam Ahmad bin Humbal (Hambali) was student of Imam Abu Hanifa’s renowned student.
Imam Shafi was a student of Imam Malik.
SHI'A SCHOOLS:
The Zaydi School is named after Zayd Ibn Ali
The Jafari School is named after Jaffar al-Sadiq
The Hanafi School;
The founder of the Hanafi School was Abu Hanifah Na’man ibn Thabit ibn Zutah, possibly of
afghan origin, Imam Abou Hanifah was born in Kufah in the year 80 A.H. (699 A.D.) and died in
150 A.H. (767 A.D.). He is also called Iman Azam or the Great Iman. He began his early
education in scholastic (Kalam) and later developed an interest for jurisprudence under the
tutorship of his Sheikh, Hammad ibn Abu Suleiman (d.120 A.H).
The Hanafi School and legal theory;
Abu Hanifah, however, is reported to have said:
“this knowledge of ours is an opinion; it is the best we have been able to achieve. He who is able
to arrive at a different conclusion is entitled to his opinion as we are entitled to our own”.
Explaining the modes of Ijtihad adopted by him, he said:
“If I do not find my answers in the Book of Allah or in the traditions of the Prophet (P.B.U.H), I
seek the views of the Prophet’s companions, from whose opinion I do not deviate. But when it
comes to Ibrahim, al-Shabi, Ibn Sirin, al-Iasan, ‘Ata’, and Sa’id ibn Jubayr, well, they were
persons who resorted to independent interpretation and I will do likewise
Abu Hanifah accpeted Qiyas (analogy) and acted upon it like the principles relating to qiyas
used by the Hanafi school, it becomes apparent that its scope is narrower when compared with
the methods of the other schools. This strictness is overcome by the principle of Istihsan.
Istihsan is nothing more than the preference of a stronger principle over strict analogy. Istihsan
is also used by the Maliki School, but it is rejected by the Shafi’is.
The Maliki School;
The Imam of this school was Maliki, ibn Anas ibn Malik ibn Abi ‘Amir al-Asbahi. Malik was born
in Madinah in the year 93 A.H. (or 95 or 97). He lived all his life in Medina where he died in the
year 179 A.H. (795 C.E.). He received his early education form ‘Abd al-Rahman Haraz and
became a student of Rabi’ah ibn ‘Abd al-Rahman, known as Rabi’at al-Ra’y, at the age of 17 he
started giving lessons in Fiqh and traditions.
He himself says, “I began when seventy Shaykhs ahas approved that I was qualified to do
so.” He was universally acknowledged as a Jurist
Maliki School and Legal Theory
Malik’s name and method are usually associated with the Ahl al-Hadith, because he was the
first traditionalist. Malik’s statuses as a traditionalist is acknowledged by all, but he was an
equally great jurist. This was acknowledged by Abu Hanifah, who on visiting him said: “He truly
is a Faqih.” When Malik’s opinions and those of his school are examined in some detail, it
becomes obvious that the preferred method was analytically based on the use of general
principles. In fact, the methodology of this school is closer to that of the Hanafi school than to
any school of the traditionalists. Both accept Istihsan and the opinion of a companion.
The Shafi’i School
The founder of this school was Abu Abd Allah Muhammad ibn Idris Ibn al-Abbas ibn Uthman ibn
al-Shafi’i al-Hashimi al-Matlabi. He belonged to the Quraysh tribe and was born in Ghaza in the
year 150 A.H. (767 A.D.) and died in Egypt in the year 204 A.H. (819 A.H.).
When he was two-year-old his father died and his mother took him Makkah. He memorized the
Quran at the age of 7 years. He went to the desert to live with the tribe of Hudhayl where he
learnt of Makkah, Muslim ibn Khalid al-Zanji. It is said that al-Zanji allowed him to give legal
opinions when he was only 15 years old. Al-Shafi’s traveled thought out his life from one place
to another. At the age of 30 he was offered a post by the Govern of Yemen. As a result of some
intrigue and subsequent accusation he was deported form Yemen and was sent to Baghdad in
the year 184 A.H. to appear before the Caliph. It is said that Muhammad al-Shaybani played an
effective role in his defense and he was released. He stayed with al-Shaybani and acquired
knowledge from him. He refers, in the Kitab al-Umm, to the discussions that took place. He has
earlier been the student of Malik and studied al-Muwatta under him. Al-Shafi’i left for Makkah
in the years and returned to Hijaz.
Shafi’i School and Legal Theory
The method of interpretation adopted by al-Shafi’i was directed against the use of
general principles. The reason appears to the desire to stay as close to revelation as possible, ie,
wahi in both its meanings. Thus, a basic rule he made was: “If the chain of a tradition is
complete and sound, it must be followed”.This rule, he insisted, should be followed irrespective
of general principles.
Al-Shafi’i was the first jurist to write about the rules of literal construction and then construct
his Fiqh on them. These principles are available in his book al-Risalah and are visible in the Kitab
al-Umm. In this book he also discussed Qiyas al-ma’na, Ijma, and Istihsan, the major emphasis,
however, was on the Sunnah as a source of law.
Al-Shafi’i attacked the principle of Istihsan used by the Hanafis as well as Malikis and
condemned it. A closer examination of his arguments, however, reveals that he did not identify
the exact nature of this principle as used by both Hanafis and Malikis, which is very much within
the ambit of the texts, and this is acknowledged by some Sahfi’i jurists like al-Ghazali.
The Hanbali School
The founder of the school is Abu Abd Allah Ahmad ibn Hanbal ibn Asad Al-Shaybani al-
Baghadadi. He was born in the year 164 A.H. (780 A.D.) in Baghdad and died there in 241 A.H.
(855 A.D.). He visited Syria, Hijaz, Yemen, Kufah and Basrah for purposes of collecting traditions.
He was pupil of al-Shafi’i for some time. He complied a major work on traditions entitled
musnad al-Imam Ahmad, which contanis more than 40,000 traditions.
Hanbli School and Legal Theory;
The Hanbali school derives its literature form the later jurists who have laid down the principles
of their imam. Ibn Qayyim al-Jaqziyah stated that these principles are five:
1. The texts (Nus-us). The Quran and those traditions whose chains are complete are to be
preferred over any other kind of source whether textual or rational.
2. Opinion of a companion. These are of two kinds: First, an opinion of a companion in
which he has not been opposed by other, this is accepted. Second, when the opinions
over an issue are more than one. In such a case that which is closest to the texts is to be
accepted.
3. The daif and Mursal Traditions. We have said that al-Shafii does not accept a tradition
the chain of which is cut up or there is a defect in it, Ahmad ibn Hanbal does. These
traditions are not to be rejected totally, but are to be used for the establishing of the
ahkam in order of strength. These traditions also are preferred by the Imam over Qiyas.
4. Qiyas: Qiyas is the source of law as a last resort. When all the above sources fail to
reveal a hukm the jurist may then have recourse to Qiyas.
The Hanbali school existed for some time in Iran, before that country became Shah, and also in
Baghdad. The school then faced virtual extinction before it was rejuvenated by Ibn Taymiyah
and his pupil Ibn Qayyim al-Jawziyah in the seventh and eighth centuries.
Conclusion
From the above discussion it is truth that the four school of thought plays a fundamental role in
contribution of Fiqh and codification and compilation of Islamic law. And all school of thought
rising the prestige and authority of the Holy Prophet and also tell the followers of these school
of thought that actual Islamic law is Quran, a complete code of life for Muslims.
