INTRODUCTION

Muslim law, or Sharia, is a complex and multifaceted legal system derived from the Quran, the Hadith (sayings and actions of the Prophet Muhammad), and subsequent interpretations by scholars. It governs various aspects of life for Muslims, including personal conduct, family relations, and social justice. The interpretation and application of Sharia have evolved over centuries, leading to the emergence of various schools of thought, known as “madhabs.” These schools reflect differing methodologies and perspectives on legal reasoning and jurisprudence, shaped by cultural, historical, and social contexts.

The four principal Sunni schools are the Hanafi, Maliki, Shafi’i, and Hanbali. Each school offers unique interpretations of Islamic texts and principles. The Hanafi school, founded by Imam Abu Hanifa in the 8th century, is known for its emphasis on reason and opinion (ra’y) in legal rulings. The Maliki school, established by Imam Malik ibn Anas, relies heavily on the practices of the people of Medina as a source of law. The Shafi’i school, initiated by Imam Al-Shafi’i, seeks a balance between textual sources and reasoning. Finally, the Hanbali school, founded by Imam Ahmad ibn Hanbal, advocates for a strict adherence to the Quran and Hadith with minimal use of personal reasoning.

In contrast to the Sunni schools, the Shia branch of Islam has its own distinct legal tradition, primarily represented by the Ja’fari school, named after Imam Ja’far al-Sadiq. Shia jurisprudence places significant importance on the role of the Imams and their interpretations.

SCHOOLS OF MUSLIM LAW

On the death of Prophet Mohammad in 632 A.D., a dispute arose in the Muslim community regarding the appointment of a successor to the Prophet because the Prophet had not nominated his successor. A great majority of Muslims suggested that there should be an election for the successor of the Prophet. The view was advocated by Ayesha Begum, the youngest wife of the Prophet. This section of the Muslim society pleaded for elections as a method of finding out the successor of the Prophet also because the Prophet himself had suggested so. The Prophet’s suggestions or sayings are called his traditions (Sunnat). Accordingly, an election was held in which Abu Bakr, who was the father of Ayesha Begum, was elected and became the first Caliph. This group of Muslims, with its leader Abu Bakr, formed the Sunni sect of Islam. They assumed the name Ahle-Sunnat-wal-Jamat, which means people of the ‘tradition and assembly,’ and are popularly known as Sunnis.

However, there was a minority section of Muslims who did not agree to the principle of election. That group emphasized the spiritual headship of the Prophet rather than his administrative control. This minority group was represented by Fatima, daughter of the Prophet. Their contention was that the Prophet’s successor should be a spiritual leader of the community as the Prophet himself was. They argued that this quality comes through blood or belongs to his family and should be regarded as the most appropriate person to succeed him. Thus, this section of Muslims rejected the election and relied upon the principle of succession. Consequently, Ali, who was the son-in-law of the Prophet (Fatima’s husband) and was also his cousin, was nominated as the first Imam by this group of Muslims. They dissociated themselves from the majority and constituted a separate sect called Shia (literal meaning ‘faction’). Thus, the split that divides the Muslims as to how to find out the successor of the Prophet.

Later on, the Sunnis further split into several sub-sects in themselves, each sect representing a distinct school of Sunni law. There was a similar split also among the Shias.

Sunni School

1. Hanafi School or Kufa School
2. Maliki School or Medina School

• Shafi School

1. Hanbali School

All the schools of Sunni law subscribed to the same principles, but they differed in details. There are four ancient sources of Islamic law—the Quran, the Sunna, the Ijma, and the Qiyas. The main cause of the division among Sunnis is probably their different degrees of stress on one or more sources of law, though the text of the Quran is accepted by all these. The sub-division among Sunnis took place due to different interpretations put on law by the founders of the sub-schools.

1. Hanagi SchoZol

This school is regarded as the most prominent among the four schools of Sunn law. The Hanafi school is named after its founder, Abu Hanifa, the pupil of Imam Jafar-al-Sadik, who was the founder of the Shia School (Ithna Ashari or Imamia) and the sixth Imam of the Shias. It is one of the salient features of this school that out of a large number of traditions, the Hanafi School recognizes only those traditions that have passed through the severe test regarding their originality. Those traditions that are not authentic are not accepted as law. Abu Hanifa is said to have relied upon eighteen traditions only. On the other hand, Qiyas and Ijma as sources of law have been given prominence under this school. The doctrines of this school, being practical and the most suitable to the changing conditions of society, have always been favored by caliphs and emperors.

Iraq was the home of this school, from where the doctrines spread to Afghanistan, Syria, Turkey, Coastal Arabia, etc.

1. Maliki School

This school was established by Imam Malik ibn Anas, who was born in Medina. The principles of this school spread not only in Medina but also in North Africa, Central and West Africa, Egypt, Spain, Morocco, etc.

• Shafei School

This school was established by Imam Mohammad Ibn-Idris-Ash-Shafei, who was an eminent scholar of Islamic jurisprudence hailing from Palestine. He developed his doctrine in Baghdad and Cairo. The doctrine of this school spread to Lower Egypt, East Africa, South Arabia, etc.

1. Hanbali School

This school was established by Imam Abu Abdullah Ahmed-Ibn-Hanbal. His peculiar feature was that he rigidly adhered to the traditions of the Prophet. It is therefore said that Hanbal was a traditionalist rather than a jurist. The followers of this school are in Saudi Arabia and Qatar.

Shia School

1. Ithna Asharia or Twelvers
2. Ismaili School
3. Khojas (Eastern Ismailis)
4. Bohras (Western Ismailis)

• Zaidiyas School or Seveners

The Shia shahadah (declaration of faith) states:

There is no God but Allah, Muhammad is the Messenger of Allah, and Ali is the Friend of Allah. The successor of the Messenger of Allah and his first Caliph.

The important features of the Shia schools are as follows:

• The Shias accept only those traditions that emanate from the household of the Prophet, particularly of Ali.
• They do not accept Qiyas (analogical deductions)
• They affirm that the Imam is the final interpreter of the law.
• They affirmed that the Ijma could be valid only when it is impossible to consult the Imam.
• They do not recognize the principle of equity (Istihasan), public welfare (Muslihat), public policy, and analogy.

There is no important difference between these schools in so far as the law is concerned.

1. Zyadis School

The Zyadis is the first school of Shiya law, where the founder is one of the sons of the fourth Imam. The Zyadis were the first to defect from the general body of Shia Muslims. One of the peculiar features of this school is that its doctrines incorporate some of the Sunni principles as well. The followers of this school are not found in India, but largely in Yemen and South Arabia.

1. Ismailia School

In India, this school consists of two main groups:

1. Khojas
2. Bohras

The Khojas are Eastern Ismailis and the followers of Aga Khan, whereas the Bohras are Western Ismailis. The term ‘Bohra’ denotes ‘merchant.’. This includes Hindu Bohras, Sunni Bohras, and other Bohras.

• Ithna Asharia School

The Arabic term ‘Ithna Ashari’ denotes twelvers. This is the third and most prominent among other schools of Shia law. This school is further divided into two sub-sects:

1. The Akhbari
2. The Usuli

The Akhbaris are orthodox and rigid traditionalists. They are guided by authoritative expositions of laws laid down by their sages or mujtahids. They accept only certain resolutions of former scholars.

Difference between Sunnis and Shias

Sunnis and Shias agree on the core fundamentals of Islam—the Five Pillars—and recognize each other as Muslims. There remain significant differences between the two forms of Islam, and there are what tend to be emphasized. Many Sunni’s would contend that Shias seem to take the fundamentals of Islam for granted, shunting them into the background and dwelling on the martyrdoms of Ali and Hussein.

On a practical daily level, Shias have a different call to prayer; they perform wudu and salat differently, including placing the forehead onto a piece of hardened clay from Karbala, not directly onto the prayer mat when prostrating. They also tend to combine prayers, sometimes worshipping three times per day instead of five. The Shias also have some different Ahadith.

CONCLUSION

Muslim family law, rooted in the diverse interpretations of Sharia, reflects a rich tapestry of beliefs and practices shaped by historical, cultural, and theological contexts. The distinctions between Sunni and Shia schools of thought illustrate the varying methodologies and principles that inform legal rulings and personal conduct within the Muslim community. While both groups share fundamental beliefs and respect for the Quran and Hadith, their differences in legal reasoning, authority, and practices highlight the complexity of Islamic jurisprudence.

The evolution of these schools has allowed for a dynamic understanding of family law, adapting to changing societal needs while remaining grounded in religious texts. As Muslim communities continue to navigate modern challenges, the principles derived from these traditions will play a crucial role in shaping family life, rights, and responsibilities. Ultimately, the ongoing dialogue among various Islamic legal schools not only enriches the understanding of Muslim family law but also promotes a greater appreciation for the diversity within the Islamic legal framework.