Sunni and Shia Schools of Muslim Law: Differences, Evolution, and Legal Framework

INTRODUCTION

Muslim law, or Sharia, derives from the Quran, the Hadith (sayings and actions of the Prophet Muhammad), and subsequent interpretations by scholars, forming a complex and multifaceted legal system. 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 Muslim law, known as "madhabs." These schools of Muslim law 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. Ayesha Begum, the youngest wife of the Prophet, advocated this view. 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 known as his traditions (Sunnat). Accordingly, the Muslim community held an election in which they elected Abu Bakr, the father of Ayesha Begum, as the first Caliph. This group of Muslims, led by 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 people popularly know them as Sunnis.

The Minority View and the Shia Sect

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. Fatima, daughter of the Prophet, represented this minority group. 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 that the community should regard him as the most appropriate person to succeed the Prophet. Thus, this section of Muslims rejected the election and relied upon the principle of succession. Consequently, this group of Muslims nominated Ali, who was the son-in-law of the Prophet (Fatima’s husband) and also his cousin, as the first Imam. 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.

The Evolution of Sunni and Shia Schools of Law

Later on, the Sunnis further split into several sub-sects in themselves, each sect representing a distinct school of Sunni law. A similar split also occurred among the Shias, leading to the formation of various schools of Shia law. These schools of Muslim law reflect differing interpretations and methodologies, shaped by cultural, historical, and theological contexts. The evolution of theseschools of Muslim law has played a significant role in shaping Islamic jurisprudence and the diverse practices within the Muslim community.

Sunni Schools of Muslim Law

1. Hanafi School or Kufa School
2. Maliki School or Medina School
3. Shafi School
4. 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 division among Sunnis likely arises from their varying emphasis on different sources of law, though all accept the Quran's text. The sub-division among Sunnis took place due to different interpretations put on law by the founders of the sub-schools.

1. Hanafi School

Scholars regard this school as the most prominent among the four schools of Sunni law. The Hanafi school takes its name from its founder, Abu Hanifa, who was the pupil of Imam Jafar-al-Sadik, 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 reportedly relied on only eighteen traditions. 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, and its doctrines spread from there to Afghanistan, Syria, Turkey, Coastal Arabia, and other regions.

• 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

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

• Hanbali School

Imam Abu Abdullah Ahmed-Ibn-Hanbal established this school. He rigidly adhered to the traditions of the Prophet, which was his peculiar feature. Scholars therefore say that Hanbal was a traditionalist rather than a jurist. The followers of this school are in Saudi Arabia and Qatar.

Shia Schools of Muslim Law

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 they are largely present 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. Authoritative expositions of laws laid down by their sages or mujtahids guide them. They accept only certain resolutions of former scholars.

Difference between Sunnis and Shias schools of Muslim Law

Sunnis and Shias agree on the core fundamentals of Islam—the Five Pillars—and recognize each other as Muslims. Significant differences remain between the two forms of Islam, and these are what people tend to emphasize. 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 Muslim law 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.