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Madhhab

A madhhab (Arabic: مَذْهَب, romanizedmadhhab, lit.'way to act', IPA: [ˈmaðhab], pl. مَذَاهِب, madhāhib, [ˈmaðaːhib]), is a school of thought within Islamic jurisprudence.

The major Sunni maddhab are Hanafi, Maliki, Shafi'i and Hanbali.[1] They emerged in the ninth and tenth centuries CE and by the twelfth century almost all jurists aligned themselves with a particular maddhab.[2] These four schools recognize each other's validity and they have interacted in legal debate over the centuries.[2][1] 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.[2][1] 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.[2][1][3] The first centuries of Islam also witnessed a number of short-lived Sunni madhhabs.[4] The Zahiri school, which is considered to be endangered, continues to exert influence over legal thought.[4][1][2] 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 Zaidi madhhabs amongst Isma'ilis and Zaidis respectively, whose differences from Sunni legal schools are roughly of the same order as the differences among Sunni schools.[4][3] The Ibadi legal school, distinct from Sunni and Shia madhhabs, is predominant in Oman.[1] Unlike Sunnis, Shias, and Ibadis, non-denominational Muslims are not affiliated with any madhhab.[5][6][7]

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.[2] In the 20th century, some Islamic jurists began to assert their intellectual independence from traditional madhhabs.[8] 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.[9]

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, Zaidi), the Ibadi school and the Zahiri school.[10] The Muslim schools of 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 edit

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.[11] (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.)[Note 1] 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".[15][16] 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.[17]

Al-Shafi‘i and after edit

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.[18] Historians have differed regarding the times at which the various schools emerged. One interpretation is that Sunni Islam was initially[when?] split into four groups: the Hanafites, Malikites, Shafi'ites and Zahirites.[19] Later, the Hanbalites and Jarirites developed two more schools; then various dynasties effected the eventual exclusion of the Jarirites;[20] 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.[18] 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.[21] 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).[22]

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.[20][23] 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.[24] Ibn Khaldun defined only three Sunni madhahib: Hanafi, Zahiri, and one encompassing the Shafi'i, Maliki and Hanbali schools as existing initially,[25][26] noting that by the 14th-century historian the Zahiri school had become extinct,[27][28] only for it to be revived again in parts of the Muslim world by the mid-20th century.[29][30][31]

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.[21]

Modern era edit

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 by the Salafi and Wahhabi movements.[2] In the 20th century many Islamic jurists began to assert their intellectual independence from traditional schools of jurisprudence.[8] 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.[2]

Schools edit

 
Some regions have a dominant or official madhhab; others recognize a variety.[32]

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.[33][34]

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 edit

Sunni schools of jurisprudence are each named after the classical jurist who taught them. The four primary Sunni schools are the Hanafi, Shafi'i, Maliki and Hanbali rites. The Zahiri school remains in existence but outside of the mainstream, while the Jariri, Laythi, Awza'i, and Thawri schools have become extinct.

The extant schools share most of their rulings, but differ on the particular practices which they may accept as authentic and the varying weights they give to analogical reason and pure reason.

Orthodox Sunni schools edit

The 4 major and 1 minor schools of thought are accepted by all main scholars in most parts of the world.

Hanafi edit

The Hanafi school was founded by Abu Hanifa an-Nu‘man. It is followed by Muslims in the Levant, Central Asia, Afghanistan, Pakistan, most of India, Bangladesh, Northern Egypt, Iraq and Turkey and the Balkans and by most of the Muslim communities of Russia and China. There are movements within this school such as Barelvis and Deobandi, which are concentrated in South Asia.

Maliki edit

The Maliki school is based on the jurisprudence of Imam Malik ibn Anas. It has also been called "School of Medina" because the school was based in Medina and the Medinian community.

It is followed by Muslims in Nigeria, Algeria, North Africa, West Africa, United Arab Emirates, Kuwait, Bahrain, Upper Egypt, and in parts of Saudi Arabia.

The Murabitun World Movement follows this school as well. In the past, it was also followed in parts of Europe under Islamic rule, particularly Islamic Spain and the Emirate of Sicily.

Shafi'i edit

The Shafi'i school is based upon the jurisprudence of Imam Muhammad ibn Idris ash-Shafi'i. It is followed by Muslims in the Hejaz region of Saudi Arabia, Upper Egypt, Ethiopia, Eritrea, Swahili coast, Indonesia, Malaysia, Jordan, Palestine, Philippines, Singapore, Somalia, Sri Lanka, Thailand, Yemen, Kurdistan, and southern India (such as the Mappilas of Kerala and the Konkani Muslims). Most Chechens and Dagestani people also follow the Shafi'i school. It is the official school followed by the governments of Brunei and Malaysia. The Shafi'i school is also large in Iraq and Syria.

Hanbali edit

The Hanbali school is based on the jurisprudence of Imam Ahmad ibn Hanbal who had been a student of Imam al-Shafi.

It is followed by Muslims in Qatar, most of Saudi Arabia and minority communities in Syria and Iraq. There are movements that are highly influenced by Hanbali fiqh such as Salafism and Wahhabism concentrated in Saudi Arabia.

Zahiri edit

The Zahiri school was founded by Dawud al-Zahiri. It is followed by minority communities in Morocco and Pakistan. In the past, it was also followed by the majority of Muslims in Mesopotamia, Portugal, the Balearic Islands, North Africa and parts of Spain.

Shia edit

Ja'fari edit

Twelver Shia adhere to the Ja'fari theological school associated with Ja'far al-Sadiq. In this school, the time and space bound rulings of early jurists are taken more seriously, and the Ja'fari school uses the intellect instead of analogy when establishing Islamic laws, as opposed to common Sunni practice.[citation needed]

Subgroups edit

Ismaili edit

Ismaili Muslims follow their own school in the form of the Daim al-Islam, a book on the rulings of Islam. It describes manners and etiquette, including Ibadat in the light of guidance provided by the Ismaili Imams. The book emphasizes what importance Islam has given to manners and etiquette along with the worship of God, citing the traditions of the first four Imams of the Shi'a Ismaili Fatimid school of thought.

Subgroups edit

  • Nizari: the largest branch (95%) of Ismaili, they are the only Shia group to have their absolute temporal leader in the rank of Imamate, which is invested in the Aga Khan. Nizārī Ismailis believe that the successor-Imām to the Fatimid caliph Ma'ad al-Mustansir Billah was his elder son al-Nizār. While Nizārī belong to the Ja'fari jurisprudence, they adhere to the supremacy of "Kalam", in the interpretation of scripture, and believe in the temporal relativism of understanding, as opposed to fiqh (traditional legalism), which adheres to an absolutism approach to revelation.
  • Tāyyebī Mustā'līyyah: the Musta'ali group of Ismaili Muslims differ from the Nizāriyya in that they believe that the successor-Imām to the Fatimid caliph, al-Mustansir, was his younger son al-Mustaʻlī, who was made Caliph by the Fatimad Regent Al-Afdal Shahanshah. In contrast to the Nizaris, they accept the younger brother al-Mustaʻlī over Nizār as their Imam. The Bohras are an offshoot of the Taiyabi, which itself was an offshoot of the Musta'ali. The Taiyabi, supporting another offshoot of the Musta'ali, the Hafizi branch, split with the Musta'ali Fatimid, who recognized Al-Amir as their last Imam. The split was due to the Taiyabi believing that At-Tayyib Abi l-Qasim was the next rightful Imam after Al-Amir. The Hafizi themselves however considered Al-Hafiz as the next rightful Imam after Al-Amir. The Bohras believe that their 21st Imam, Taiyab abi al-Qasim, went into seclusion and established the offices of the Da'i al-Mutlaq (الداعي المطلق), Ma'zoon (مأذون) and Mukasir (مكاسر). The Bohras are the only surviving branch of the Musta'ali and themselves have split into the Dawoodi Bohra, Sulaimani, Alavi Bohra, and other smaller groups.

Zaidi edit

Zaidi Muslims also follow their own school in the form of the teachings of Zayd ibn Ali and Imam Abu Hanifa. In terms of law, the Zaidi school is quite similar to the Hanafi school from Sunni Islam.[35] This is likely due to the general trend of Sunni resemblance within Zaidi beliefs. After the passing of Muhammad, Imam Jafar al-Sadiq, Imam Zayd ibn Ali, Imams Abu Hanifa and Imam Malik ibn Anas worked together in Al-Masjid an-Nabawi in Medina along with over 70 other leading jurists and scholars.[citation needed] Jafar al-Sadiq and Zayd ibn Ali did not themselves write any books.[citation needed] But their views are Hadiths in the books written by Imams Abu Hanifa and Imam Malik ibn Anas. Therefore, the Zaydis to this day and originally the Fatimids, used the Hanafi jurisprudence, as do most Sunnis.[36][better source needed][37][38][better source needed]

Ibadi edit

The Ibadi school of Islam is named after Abd-Allah ibn Ibadh, though he is not necessarily the main figure of the school in the eyes of its adherents. Ibadism is distinct from both Sunni and Shi'ite Islam not only in terms of its jurisprudence, but also its core beliefs. Ibadi Islam is mostly practiced in Oman, with Oman being the only country in the world where Ibadis form a sizable minority of the population. Other populations of Ibadis also reside in Libya, Algeria, Tunisia and Zanzibar in Tanzania.[39]

Amman Message edit

The Amman Message was a statement, signed in 2005 in Jordan by nearly 200 prominent Islamic jurists, which served as a "counter-fatwa" against a widespread use of takfir (excommunication) by jihadist groups to justify jihad against rulers of Muslim-majority countries. The Amman Message recognized eight legitimate schools of Islamic law and prohibited declarations of apostasy against them.[40][41][10]

  1. Hanafi (Sunni)
  2. Maliki (Sunni)
  3. Shafi'i (Sunni)
  4. Hanbali (Sunni)
  5. Ja'fari (Shia)
  6. Zaidiyyah (Shia)
  7. Ibadiyyah
  8. Zahiriyah

The statement also asserted that fatwas can be issued only by properly trained muftis, thereby seeking to delegitimize fatwas issued by militants who lack the requisite qualifications.[41]

See also edit

References edit

Notes edit

  1. ^ It is usually assumed that no regional school developed in Egypt (unlike in Syria, Iraq and the Hijaz). Joseph Schacht states that the legal milieu of Fustat (ancient Cairo) was a branch of the Medinan school of law.[12] Regarding judicial practices, the qadis (judges) of Fustat resorted to the procedure called "al-yamin ma'a l-shahid", that is, the ability of the judge to base his verdict on one single witness and the oath of the claimant, instead of two witnesses as was usually required. Such a procedure was quite common under the early Umayyads, but by the early Abbasid period it had disappeared in Iraq and it was now regarded as the 'amal ("good practice") of Medina. Up until the end of the 8th century, the qadis of Fustat were still using this "Medinan" procedure and differentiated themselves from Iraqi practices. From a doctrinal point of view, however, the legal affiliation of Egypt could be more complex. The principal Egyptian jurist in the second half of the 8th century is al-Layth b. Sa'd.[13] The only writing of his that has survived is a letter he wrote to Malik b. Anas, which has been preserved by Yahya b. Ma'in and al-Fasawi. In this letter, he proclaims his theoretical affiliation to the Medinan methodology and recognizes the value of the 'amal. Nevertheless, he distances himself from the Medinan School by opposing a series of Medinan legal views. He maintains that the common practice in other cities is also valuable, and thus implicitly defends the Egyptians' adherence to their own local tradition. Thus it is possible that, even though it did not develop into a formal school of law, a specific Egyptian legal milieu was distinct of the Medinan School in the 8th century.[14]

Citations edit

  1. ^ a b c d e f Rabb, Intisar A. (2009). "Fiqh". In John L. Esposito (ed.). The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press. doi:10.1093/acref/9780195305135.001.0001. ISBN 9780195305135.
  2. ^ a b c d e f g h Hussin, Iza (2014). "Sunni Schools of Jurisprudence". In Emad El-Din Shahin (ed.). The Oxford Encyclopedia of Islam and Politics. Oxford University Press. doi:10.1093/acref:oiso/9780199739356.001.0001. ISBN 9780199739356.
  3. ^ a b Vikør, Knut S. (2014). . In Emad El-Din Shahin (ed.). The Oxford Encyclopedia of Islam and Politics. Oxford University Press. Archived from the original on 2 February 2017. Retrieved 3 September 2014.
  4. ^ a b c Calder, Norman (2009). . In John L. Esposito (ed.). The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press. Archived from the original on 21 November 2008.
  5. ^ Tan, Charlene (2014). Reforms in Islamic Education: International Perspectives. A&C Black. ISBN 9781441146175. This is due to the historical, sociological, cultural, rational and non-denominational (non-madhhabi) approaches to Islam employed at IAINs, STAINs, and UINs, as opposed to the theological, normative and denominational approaches that were common in Islamic educational institutions in the past
  6. ^ Rane, Halim, Jacqui Ewart, and John Martinkus. "Islam and the Muslim World." Media Framing of the Muslim World. Palgrave Macmillan UK, 2014. 15-28
  7. ^ Obydenkova, Anastassia V. "Religious pluralism in Russia." Politics of religion and nationalism: Federalism, consociationalism and secession, Routledge (2014): 36-49
  8. ^ a b Messick, Brinkley; Kéchichian, Joseph A. (2009). . In John L. Esposito (ed.). The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press. Archived from the original on 20 November 2015.
  9. ^ Auda, Jasser (2007). "5: Contemporary Theories in Islamic Law". Maqasid al-SharÏah as Philosophy of Islamic Law: A Systems Approach. 669, Herndon, VA 20172, USA: The International Institute of Islamic Thought. pp. 143–145. ISBN 978-1-56564-424-3.{{cite book}}: CS1 maint: location (link)
  10. ^ a b "Amman Message – The Official Site".
  11. ^ Burton, Islamic Theories of Abrogation, 1990: p.13
  12. ^ J. Schacht, The Origins of Muhammadan Jurisprudence (Oxford: Clarendon Press, 1950), p. 9
  13. ^ R.G. Khoury, "Al-Layth Ibn Sa'd (94/713–175/791), grand maître et mécène de l’Egypte, vu à travers quelques documents islamiques anciens", Journal of Near Eastern Studies 40, 1981, p. 189–202
  14. ^ Mathieu Tillier, "Les "premiers" cadis de Fusṭāṭ et les dynamiques régionales de l'innovation judiciaire (750–833)", Annales Islamologiques, 45 (2011), p. 214–218
  15. ^ Schacht, Joseph (1959) [1950]. The Origins of Muhammadan Jurisprudence. Oxford University Press. p. 246.
  16. ^ Shafi'i. Kitab al-Umm vol. vii. p. 148. Kitab Ikhtilaf Malid wal-Shafi'i.
  17. ^ Schacht, Joseph (1959) [1950]. The Origins of Muhammadan Jurisprudence. Oxford University Press. p. 98.
  18. ^ a b "Law, Islamic". Encyclopedia.com. Retrieved 13 March 2012.
  19. ^ Mohammad Sharif Khan and Mohammad Anwar Saleem, Muslim Philosophy And Philosophers, pg. 34. New Delhi: Ashish Publishing House, 1994.
  20. ^ a b Christopher Melchert, The Formation of the Sunni Schools of Law: 9th–10th Centuries C.E., pg. 178. Leiden: Brill Publishers, 1997.
  21. ^ a b Chibli Mallat, Introduction to Middle Eastern Law, pg. 116. Oxford: Oxford University Press, 2007. ISBN 978-0-19-923049-5
  22. ^ Murtada Mutahhari, The Role of Ijtihad in Legislation, Al-Tawhid volume IV, No.2, Publisher: Islamic Thought Foundation 14 March 2012 at the Wayback Machine
  23. ^ Devin J. Stewart, THE STRUCTURE OF THE FIHRIST: IBN AL-NADIM AS HISTORIAN OF ISLAMIC LEGAL AND THEOLOGICAL SCHOOLS, International Journal of Middle East Studies, v.39, pg.369–387, Cambridge University Press, 2007
  24. ^ Crone, Patricia (2013). The Princeton Encyclopedia of Islamic Political Thought. Princeton University Press. p. 498. ISBN 978-0691134840. Retrieved 13 May 2015.
  25. ^ Ignác Goldziher, The Zahiris, pg. 5. Trns. Wolfgang Behn, intro. Camilla Adang. Volume three of Brill Classics in Islam. Leiden: Brill Publishers, 2008. ISBN 9789004162419
  26. ^ Meinhaj Hussain, A New Medina, The Legal System, Grande Strategy, 5 January 2012
  27. ^ Wolfgang, Behn (1999). The Zahiris. BRILL. p. 178. ISBN 9004026320. Retrieved 11 May 2015.
  28. ^ Berkey, Jonathon (2003). The Formation of Islam. Cambridge University Press. p. 216. ISBN 9780521588133. Retrieved 11 May 2015.
  29. ^ Daniel W. Brown, Rethinking Tradition in Modern Islamic Thought: Vol. 5 of Cambridge Middle East Studies, pgs. 28 and 32. Cambridge: Cambridge University Press, 1996. ISBN 9780521653947
  30. ^ M. Mahmood, The Code of Muslim Family Laws, pg. 37. Pakistan Law Times Publications, 2006. 6th ed.
  31. ^ Hassan Ahmed Ibrahim, "An Overview of al-Sadiq al-Madhi's Islamic Discourse." Taken from The Blackwell Companion to Contemporary Islamic Thought, pg. 172. Ed. Ibrahim Abu-Rabi'. Hoboken: Wiley-Blackwell, 2008. ISBN 9781405178488
  32. ^ Jurisprudence and Law – Islam Reorienting the Veil, University of North Carolina (2009)
  33. ^ "Salafi Publications | on Ijtihad and Taqlid".
  34. ^ "On Islam, Muslims and the 500 most influential figures" (PDF).
  35. ^ Article by Sayyid 'Ali ibn 'Ali Al-Zaidi, التاريخ الصغير عن الشيعة اليمنيين (A short History of the Yemenite Shi‘ites, 2005)
  36. ^ El-Gamal, Mahmoud A. (3 July 2006). Islamic Finance. Cambridge University Press. ISBN 9781139457163.
  37. ^ Tucker, Spencer C.; Roberts, Priscilla (12 May 2008). The Encyclopedia of the Arab-Israeli Conflict: A Political, Social, and ... Abc-Clio. ISBN 9781851098422.
  38. ^ [better source needed]Wehrey, Frederic M.; Kaye, Dalia Dassa; Guffrey, Robert A.; Watkins, Jessica; Martini, Jeffrey (2010). The Iraq Effect. Rand Corporation. ISBN 9780833047885.
  39. ^ "UNHCR Web Archive".
  40. ^ Hendrickson, Jocelyn (2013). "Fatwa". In Gerhard Böwering, Patricia Crone (ed.). The Princeton Encyclopedia of Islamic Political Thought. Princeton University Press.
  41. ^ a b Dallal, Ahmad S.; Hendrickson, Jocelyn (2009). . In John L. Esposito (ed.). The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press. Archived from the original on 20 November 2015.

Sources edit

  • Burton, John (1990). (PDF). Edinburgh University Press. ISBN 0-7486-0108-2. Archived from the original (PDF) on 4 January 2020. Retrieved 21 July 2018.
  • Branon Wheeler, Applying the Canon in Islam: The Authorization and Maintenance of Interpretive Reasoning in Ḥanafī Scholarship, SUNY Press, 1996.

Further reading edit

  • Haddad, Gibril F. (2007). The Four Imams and Their Schools. London: Muslim Academic Trust.

External links edit

  •   Media related to Madhhab at Wikimedia Commons

madhhab, madhhab, arabic, romanized, madhhab, ˈmaðhab, اه, madhāhib, ˈmaðaːhib, school, thought, within, islamic, jurisprudence, major, sunni, maddhab, hanafi, maliki, shafi, hanbali, they, emerged, ninth, tenth, centuries, twelfth, century, almost, jurists, a. A madhhab Arabic م ذ ه ب romanized madhhab lit way to act IPA ˈmadhab pl م ذ اه ب madhahib ˈmadaːhib is a school of thought within Islamic jurisprudence The major Sunni maddhab are Hanafi Maliki Shafi i and Hanbali 1 They emerged in the ninth and tenth centuries CE and by the twelfth century almost all jurists aligned themselves with a particular maddhab 2 These four schools recognize each other s validity and they have interacted in legal debate over the centuries 2 1 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 2 1 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 2 1 3 The first centuries of Islam also witnessed a number of short lived Sunni madhhabs 4 The Zahiri school which is considered to be endangered continues to exert influence over legal thought 4 1 2 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 Zaidi madhhabs amongst Isma ilis and Zaidis respectively whose differences from Sunni legal schools are roughly of the same order as the differences among Sunni schools 4 3 The Ibadi legal school distinct from Sunni and Shia madhhabs is predominant in Oman 1 Unlike Sunnis Shias and Ibadis non denominational Muslims are not affiliated with any madhhab 5 6 7 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 2 In the 20th century some Islamic jurists began to assert their intellectual independence from traditional madhhabs 8 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 9 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 Zaidi the Ibadi school and the Zahiri school 10 The Muslim schools of 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 Contents 1 Ancient schools 2 Al Shafi i and after 3 Modern era 4 Schools 4 1 Sunni 4 2 Orthodox Sunni schools 4 2 1 Hanafi 4 2 2 Maliki 4 2 3 Shafi i 4 2 4 Hanbali 4 2 5 Zahiri 4 3 Shia 4 3 1 Ja fari 4 3 2 Subgroups 4 3 3 Ismaili 4 3 4 Subgroups 4 3 5 Zaidi 4 4 Ibadi 5 Amman Message 6 See also 7 References 7 1 Notes 7 2 Citations 7 3 Sources 8 Further reading 9 External links Ancient schools editAccording 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 11 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 Note 1 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 15 16 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 17 Al Shafi i and after editIt 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 18 Historians have differed regarding the times at which the various schools emerged One interpretation is that Sunni Islam was initially when split into four groups the Hanafites Malikites Shafi ites and Zahirites 19 Later the Hanbalites and Jarirites developed two more schools then various dynasties effected the eventual exclusion of the Jarirites 20 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 18 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 21 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 22 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 20 23 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 24 Ibn Khaldun defined only three Sunni madhahib Hanafi Zahiri and one encompassing the Shafi i Maliki and Hanbali schools as existing initially 25 26 noting that by the 14th century historian the Zahiri school had become extinct 27 28 only for it to be revived again in parts of the Muslim world by the mid 20th century 29 30 31 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 21 Modern era editThe 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 by the Salafi and Wahhabi movements 2 In the 20th century many Islamic jurists began to assert their intellectual independence from traditional schools of jurisprudence 8 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 2 Schools edit nbsp Some regions have a dominant or official madhhab others recognize a variety 32 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 33 34 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 edit Sunni schools of jurisprudence are each named after the classical jurist who taught them The four primary Sunni schools are the Hanafi Shafi i Maliki and Hanbali rites The Zahiri school remains in existence but outside of the mainstream while the Jariri Laythi Awza i and Thawri schools have become extinct The extant schools share most of their rulings but differ on the particular practices which they may accept as authentic and the varying weights they give to analogical reason and pure reason Orthodox Sunni schools edit The 4 major and 1 minor schools of thought are accepted by all main scholars in most parts of the world Hanafi edit The Hanafi school was founded by Abu Hanifa an Nu man It is followed by Muslims in the Levant Central Asia Afghanistan Pakistan most of India Bangladesh Northern Egypt Iraq and Turkey and the Balkans and by most of the Muslim communities of Russia and China There are movements within this school such as Barelvis and Deobandi which are concentrated in South Asia Maliki edit The Maliki school is based on the jurisprudence of Imam Malik ibn Anas It has also been called School of Medina because the school was based in Medina and the Medinian community It is followed by Muslims in Nigeria Algeria North Africa West Africa United Arab Emirates Kuwait Bahrain Upper Egypt and in parts of Saudi Arabia The Murabitun World Movement follows this school as well In the past it was also followed in parts of Europe under Islamic rule particularly Islamic Spain and the Emirate of Sicily Shafi i edit The Shafi i school is based upon the jurisprudence of Imam Muhammad ibn Idris ash Shafi i It is followed by Muslims in the Hejaz region of Saudi Arabia Upper Egypt Ethiopia Eritrea Swahili coast Indonesia Malaysia Jordan Palestine Philippines Singapore Somalia Sri Lanka Thailand Yemen Kurdistan and southern India such as the Mappilas of Kerala and the Konkani Muslims Most Chechens and Dagestani people also follow the Shafi i school It is the official school followed by the governments of Brunei and Malaysia The Shafi i school is also large in Iraq and Syria Hanbali edit The Hanbali school is based on the jurisprudence of Imam Ahmad ibn Hanbal who had been a student of Imam al Shafi It is followed by Muslims in Qatar most of Saudi Arabia and minority communities in Syria and Iraq There are movements that are highly influenced by Hanbali fiqh such as Salafism and Wahhabism concentrated in Saudi Arabia Zahiri edit The Zahiri school was founded by Dawud al Zahiri It is followed by minority communities in Morocco and Pakistan In the past it was also followed by the majority of Muslims in Mesopotamia Portugal the Balearic Islands North Africa and parts of Spain Shia edit Ja fari edit Twelver Shia adhere to the Ja fari theological school associated with Ja far al Sadiq In this school the time and space bound rulings of early jurists are taken more seriously and the Ja fari school uses the intellect instead of analogy when establishing Islamic laws as opposed to common Sunni practice citation needed Subgroups edit Usulism forms the overwhelming majority within the Twelver Shia denomination citation needed They follow a Marja i Taqlid clarification needed on the subject of taqlid and fiqh They are concentrated in Iran Pakistan Azerbaijan India Iraq and Lebanon citation needed Akhbarism similar to Usulis however reject ijtihad in favor of hadith Concentrated in Bahrain citation needed Shaykhism an Islamic religious movement founded by Shaykh Ahmad in the early 19th century Qajar dynasty Iran now retaining a minority following in Iran and Iraq citation needed It began from a combination of Sufi and Shia and Akhbari doctrines In the mid 19th century many Shaykhis converted to the Babi and Bahaʼi religions which regard Shaykh Ahmad highly citation needed Ismaili edit Ismaili Muslims follow their own school in the form of the Daim al Islam a book on the rulings of Islam It describes manners and etiquette including Ibadat in the light of guidance provided by the Ismaili Imams The book emphasizes what importance Islam has given to manners and etiquette along with the worship of God citing the traditions of the first four Imams of the Shi a Ismaili Fatimid school of thought Subgroups edit Nizari the largest branch 95 of Ismaili they are the only Shia group to have their absolute temporal leader in the rank of Imamate which is invested in the Aga Khan Nizari Ismailis believe that the successor Imam to the Fatimid caliph Ma ad al Mustansir Billah was his elder son al Nizar While Nizari belong to the Ja fari jurisprudence they adhere to the supremacy of Kalam in the interpretation of scripture and believe in the temporal relativism of understanding as opposed to fiqh traditional legalism which adheres to an absolutism approach to revelation Tayyebi Musta liyyah the Musta ali group of Ismaili Muslims differ from the Nizariyya in that they believe that the successor Imam to the Fatimid caliph al Mustansir was his younger son al Mustaʻli who was made Caliph by the Fatimad Regent Al Afdal Shahanshah In contrast to the Nizaris they accept the younger brother al Mustaʻli over Nizar as their Imam The Bohras are an offshoot of the Taiyabi which itself was an offshoot of the Musta ali The Taiyabi supporting another offshoot of the Musta ali the Hafizi branch split with the Musta ali Fatimid who recognized Al Amir as their last Imam The split was due to the Taiyabi believing that At Tayyib Abi l Qasim was the next rightful Imam after Al Amir The Hafizi themselves however considered Al Hafiz as the next rightful Imam after Al Amir The Bohras believe that their 21st Imam Taiyab abi al Qasim went into seclusion and established the offices of the Da i al Mutlaq الداعي المطلق Ma zoon مأذون and Mukasir مكاسر The Bohras are the only surviving branch of the Musta ali and themselves have split into the Dawoodi Bohra Sulaimani Alavi Bohra and other smaller groups Zaidi edit Zaidi Muslims also follow their own school in the form of the teachings of Zayd ibn Ali and Imam Abu Hanifa In terms of law the Zaidi school is quite similar to the Hanafi school from Sunni Islam 35 This is likely due to the general trend of Sunni resemblance within Zaidi beliefs After the passing of Muhammad Imam Jafar al Sadiq Imam Zayd ibn Ali Imams Abu Hanifa and Imam Malik ibn Anas worked together in Al Masjid an Nabawi in Medina along with over 70 other leading jurists and scholars citation needed Jafar al Sadiq and Zayd ibn Ali did not themselves write any books citation needed But their views are Hadiths in the books written by Imams Abu Hanifa and Imam Malik ibn Anas Therefore the Zaydis to this day and originally the Fatimids used the Hanafi jurisprudence as do most Sunnis 36 better source needed 37 38 better source needed Ibadi edit The Ibadi school of Islam is named after Abd Allah ibn Ibadh though he is not necessarily the main figure of the school in the eyes of its adherents Ibadism is distinct from both Sunni and Shi ite Islam not only in terms of its jurisprudence but also its core beliefs Ibadi Islam is mostly practiced in Oman with Oman being the only country in the world where Ibadis form a sizable minority of the population Other populations of Ibadis also reside in Libya Algeria Tunisia and Zanzibar in Tanzania 39 Amman Message editMain article Amman Message The Amman Message was a statement signed in 2005 in Jordan by nearly 200 prominent Islamic jurists which served as a counter fatwa against a widespread use of takfir excommunication by jihadist groups to justify jihad against rulers of Muslim majority countries The Amman Message recognized eight legitimate schools of Islamic law and prohibited declarations of apostasy against them 40 41 10 Hanafi Sunni Maliki Sunni Shafi i Sunni Hanbali Sunni Ja fari Shia Zaidiyyah Shia Ibadiyyah ZahiriyahThe statement also asserted that fatwas can be issued only by properly trained muftis thereby seeking to delegitimize fatwas issued by militants who lack the requisite qualifications 41 See also editSharia Islamic law Schools of Islamic theology Islamic schools and branches Fiqh Ikhtilaf Ijtihad Taqlid Verse of Obedience Uli al amr Istihsan QiyasReferences editNotes edit It is usually assumed that no regional school developed in Egypt unlike in Syria Iraq and the Hijaz Joseph Schacht states that the legal milieu of Fustat ancient Cairo was a branch of the Medinan school of law 12 Regarding judicial practices the qadis judges of Fustat resorted to the procedure called al yamin ma a l shahid that is the ability of the judge to base his verdict on one single witness and the oath of the claimant instead of two witnesses as was usually required Such a procedure was quite common under the early Umayyads but by the early Abbasid period it had disappeared in Iraq and it was now regarded as the amal good practice of Medina Up until the end of the 8th century the qadis of Fustat were still using this Medinan procedure and differentiated themselves from Iraqi practices From a doctrinal point of view however the legal affiliation of Egypt could be more complex The principal Egyptian jurist in the second half of the 8th century is al Layth b Sa d 13 The only writing of his that has survived is a letter he wrote to Malik b Anas which has been preserved by Yahya b Ma in and al Fasawi In this letter he proclaims his theoretical affiliation to the Medinan methodology and recognizes the value of the amal Nevertheless he distances himself from the Medinan School by opposing a series of Medinan legal views He maintains that the common practice in other cities is also valuable and thus implicitly defends the Egyptians adherence to their own local tradition Thus it is possible that even though it did not develop into a formal school of law a specific Egyptian legal milieu was distinct of the Medinan School in the 8th century 14 Citations edit a b c d e f Rabb Intisar A 2009 Fiqh In John L Esposito ed The Oxford Encyclopedia of the Islamic World Oxford Oxford University Press doi 10 1093 acref 9780195305135 001 0001 ISBN 9780195305135 a b c d e f g h Hussin Iza 2014 Sunni Schools of Jurisprudence In Emad El Din Shahin ed The Oxford Encyclopedia of Islam and Politics Oxford University Press doi 10 1093 acref oiso 9780199739356 001 0001 ISBN 9780199739356 a b Vikor Knut S 2014 Shariʿah In Emad El Din Shahin ed The Oxford Encyclopedia of Islam and Politics Oxford University Press Archived from the original on 2 February 2017 Retrieved 3 September 2014 a b c Calder Norman 2009 Law Legal Thought and Jurisprudence In John L Esposito ed The Oxford Encyclopedia of the Islamic World Oxford Oxford University Press Archived from the original on 21 November 2008 Tan Charlene 2014 Reforms in Islamic Education International Perspectives A amp C Black ISBN 9781441146175 This is due to the historical sociological cultural rational and non denominational non madhhabi approaches to Islam employed at IAINs STAINs and UINs as opposed to the theological normative and denominational approaches that were common in Islamic educational institutions in the past Rane Halim Jacqui Ewart and John Martinkus Islam and the Muslim World Media Framing of the Muslim World Palgrave Macmillan UK 2014 15 28 Obydenkova Anastassia V Religious pluralism in Russia Politics of religion and nationalism Federalism consociationalism and secession Routledge 2014 36 49 a b Messick Brinkley Kechichian Joseph A 2009 Fatwa Process and Function In John L Esposito ed The Oxford Encyclopedia of the Islamic World Oxford Oxford University Press Archived from the original on 20 November 2015 Auda Jasser 2007 5 Contemporary Theories in Islamic Law Maqasid al SharIah as Philosophy of Islamic Law A Systems Approach 669 Herndon VA 20172 USA The International Institute of Islamic Thought pp 143 145 ISBN 978 1 56564 424 3 a href Template Cite book html title Template Cite book cite book a CS1 maint location link a b Amman Message The Official Site Burton Islamic Theories of Abrogation 1990 p 13 J Schacht The Origins of Muhammadan Jurisprudence Oxford Clarendon Press 1950 p 9 R G Khoury Al Layth Ibn Sa d 94 713 175 791 grand maitre et mecene de l Egypte vu a travers quelques documents islamiques anciens Journal of Near Eastern Studies 40 1981 p 189 202 Mathieu Tillier Les premiers cadis de Fusṭaṭ et les dynamiques regionales de l innovation judiciaire 750 833 Annales Islamologiques 45 2011 p 214 218 Schacht Joseph 1959 1950 The Origins of Muhammadan Jurisprudence Oxford University Press p 246 Shafi i Kitab al Umm vol vii p 148 Kitab Ikhtilaf Malid wal Shafi i Schacht Joseph 1959 1950 The Origins of Muhammadan Jurisprudence Oxford University Press p 98 a b Law Islamic Encyclopedia com Retrieved 13 March 2012 Mohammad Sharif Khan and Mohammad Anwar Saleem Muslim Philosophy And Philosophers pg 34 New Delhi Ashish Publishing House 1994 a b Christopher Melchert The Formation of the Sunni Schools of Law 9th 10th Centuries C E pg 178 Leiden Brill Publishers 1997 a b Chibli Mallat Introduction to Middle Eastern Law pg 116 Oxford Oxford University Press 2007 ISBN 978 0 19 923049 5 Murtada Mutahhari The Role of Ijtihad in Legislation Al Tawhid volume IV No 2 Publisher Islamic Thought Foundation Archived 14 March 2012 at the Wayback Machine Devin J Stewart THE STRUCTURE OF THE FIHRIST IBN AL NADIM AS HISTORIAN OF ISLAMIC LEGAL AND THEOLOGICAL SCHOOLS International Journal of Middle East Studies v 39 pg 369 387 Cambridge University Press 2007 Crone Patricia 2013 The Princeton Encyclopedia of Islamic Political Thought Princeton University Press p 498 ISBN 978 0691134840 Retrieved 13 May 2015 Ignac Goldziher The Zahiris pg 5 Trns Wolfgang Behn intro Camilla Adang Volume three of Brill Classics in Islam Leiden Brill Publishers 2008 ISBN 9789004162419 Meinhaj Hussain A New Medina The Legal System Grande Strategy 5 January 2012 Wolfgang Behn 1999 The Zahiris BRILL p 178 ISBN 9004026320 Retrieved 11 May 2015 Berkey Jonathon 2003 The Formation of Islam Cambridge University Press p 216 ISBN 9780521588133 Retrieved 11 May 2015 Daniel W Brown Rethinking Tradition in Modern Islamic Thought Vol 5 of Cambridge Middle East Studies pgs 28 and 32 Cambridge Cambridge University Press 1996 ISBN 9780521653947 M Mahmood The Code of Muslim Family Laws pg 37 Pakistan Law Times Publications 2006 6th ed Hassan Ahmed Ibrahim An Overview of al Sadiq al Madhi s Islamic Discourse Taken from The Blackwell Companion to Contemporary Islamic Thought pg 172 Ed Ibrahim Abu Rabi Hoboken Wiley Blackwell 2008 ISBN 9781405178488 Jurisprudence and Law Islam Reorienting the Veil University of North Carolina 2009 Salafi Publications on Ijtihad and Taqlid On Islam Muslims and the 500 most influential figures PDF Article by Sayyid Ali ibn Ali Al Zaidi التاريخ الصغير عن الشيعة اليمنيين A short History of the Yemenite Shi ites 2005 El Gamal Mahmoud A 3 July 2006 Islamic Finance Cambridge University Press ISBN 9781139457163 Tucker Spencer C Roberts Priscilla 12 May 2008 The Encyclopedia of the Arab Israeli Conflict A Political Social and Abc Clio ISBN 9781851098422 better source needed Wehrey Frederic M Kaye Dalia Dassa Guffrey Robert A Watkins Jessica Martini Jeffrey 2010 The Iraq Effect Rand Corporation ISBN 9780833047885 UNHCR Web Archive Hendrickson Jocelyn 2013 Fatwa In Gerhard Bowering Patricia Crone ed The Princeton Encyclopedia of Islamic Political Thought Princeton University Press a b Dallal Ahmad S Hendrickson Jocelyn 2009 Fatwa Modern usage In John L Esposito ed The Oxford Encyclopedia of the Islamic World Oxford Oxford University Press Archived from the original on 20 November 2015 Sources edit Burton John 1990 The Sources of Islamic Law Islamic Theories of Abrogation PDF Edinburgh University Press ISBN 0 7486 0108 2 Archived from the original PDF on 4 January 2020 Retrieved 21 July 2018 Branon Wheeler Applying the Canon in Islam The Authorization and Maintenance of Interpretive Reasoning in Ḥanafi Scholarship SUNY Press 1996 Further reading editHaddad Gibril F 2007 The Four Imams and Their Schools London Muslim Academic Trust External links edit nbsp Media related to Madhhab at Wikimedia Commons Retrieved from https en wikipedia org w index php title Madhhab amp oldid 1218001280, wikipedia, wiki, book, books, library,

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