1

Schools of Muslim (Muhammadan) Law

SUNNI SHIA
Sub-schools 4 sub-schools 3 sub-schools
1. Hanafi / Kufa school......predominant in India 1. Zaydis school
2. Maliki / Medina school 2. Ismaili / Seveners school
3. Shafi school 3. Ithna Ashari / Twelvers school......predominant in
4. Hanbal(i) school India
Hanafi Maliki Shafi Hanbali Zaydis Ismailis Itna Ashari
Diffs b/w the sub-
Differ in the details, their basic doctrines are essentially the same Not so much in the Interpretation as in the Doctrinal points
schools
Founder  Imam Abu Hanifa  Imam Malik-  Mohmd.-ibn-  Imam   
 8th cc AD Ibn-Anas idris-ash-safi Hanibal
 [AH 80- 150]  Born- AH 95, (Imam Shaafi)  [AN 164-
Madina  [AH 150- 204] 241]
 [AH 95- 175]  Pupil- M-i-a
Imp features  Founded the institution  Traditionalist, Founder of :     Follow the Itna
of Kazi but a jurist of  Classical theory Ashari law
 Codification of a v. high of Muslim  Important text
law…with assistance of order jurisprudence “Shara’ya-Ul-
disciples  Malik’s book-  Science of Usul Islam”
 Laid down theories & ‘Kitab-al-  Doctrine of Ijma
principles of Muslim Muwatta’  Usul-al-fiq
jurisprudence (theoretical basis
 Founded Muslim of Islam)
jurisprudence  Book- Kitabh-ul-
 Two Authoritative Umm
texts:
1. Fatava Alamgiri
2. Hidaya
Sources of Law  Recgzd Main Sources:  Recgzd Main  Perfected the  Advocates   
& Authority of Quran(believed to be the Sources: doctrine of Ijma the
direct words of Allah Quran & (or consensus of principle of
Custom revealed to and Sunnah the learned) adhering to
transmitted by the  Recognize the Hadith
Prophet Muhammad) & the authority literally.
Sunnah (traditions or of Custom
known practices of the  Recognize
Prophet Muhammad) Muslahat
 2

 Recognize the authority (public

of Custom welfare)
 Laid more stress on
Ijma (consensus of
opinion of the scholars)
& Istihsan (Arabic term
for Juristic
prudence/preference-
literally means “to
consider something
good”
(Arabic: “to approve,”
or “to sanction”),
among Muslim
theologians, the use of
one’s own judgment to
determine the best
solution to a religious
problem that cannot be
solved by citing sacred
texts….to deem
something preferable
 Great reliance on the  Does not     
principles of Qiyas differ
(analogical deductions) materially
as the doctrine of from
Hadith had not fully Hanafi…but
developed in this lays..greater
period nor were there reliance on
any recognized systematic
collections of Hadith reasoning
Representation  Well represented in:  Followers  Egypt, S.  It is  Followers NOT  Khoja & Bohra 
 India NOT found in America, S. believed found in India communities of
 Pakistan India Africa, W. that the  Found mostly Bombay belong to
 Bangladesh  North, India….S. India follower of in Saudi Arabia this school
 Afghanistan Central, & Imam  Smallest minority of
 Turkey West Africa, Hanibal are Muslim groups
Egypt almost  Found in W. & C.
extinct India
today.