These are frequently asked questions about different schools of Muslim Law viz: Sunni school and Shia school.
a) Who is Muslim?
Muslims is a person who has professed belief in Islam. As believer, he/she worship the One God and revere Prophet Muhammad, as the last messenger of the God.
b) Who is Shia under Muslim Law?
At the time of the death of the Prophet, there was a quarrel between the two groups for imamate (the temporal leadership of the religion). One group opposed the principle of the election in choosing the Imam and proclaimed that Ali is the successor of the ‘Prophet’. They firmly believe that imamat must be devolved upon the successors of the prophet, i.e. (i) Ali, the son in law; and (ii) Fatima, the daughter of Prophet. This group is known as “Shia”.
c) Who is Sunni under Muslim Law?
The word Sunni is derived from the Arabic word ‘Sunnah’ which implies a ‘way’, referring to “One of the path” or “one who follows the practices of the Prophet”. At the time of the death of the Prophet, there was a quarrel between the two groups for imamate (the temporal leadership of the religion). One group advocated the principle of the election in choosing the Imam. This group is known as “Sunni”. The adherents to the Sunni doctrine are called Sunni.
d) Name sub-schools of Sunni School.
There are four sub-schools of Sunni school namely a) Hanafi school, b) Maliki school, c) Shafei school and d) Hanbali school.
e) Name sub-schools of Shia School.
There are three sub-schools of Shia school namely a) Ithna-ashari, b) Ismaili and c) Zaidy. Ithna-ashari sub-school is further divided into i) Akhbari and ii) Usuli. Ismaili sub-school is further divided into i) khoja and b) Bohra
f) Name the sects which divides Muslim into two.
Muslims are mainly divided into two sects Sunnis and Shias.
g) Differentiate between Sunni School and Shia School
| Sunni School | Shia School |
| At the time of the death of the Prophet, there was a quarrel between the two groups for imamate (the temporal leadership of the religion). One group advocated the principle of the election in choosing the Imam. This group is known as “Sunni”. The adherents to the Sunni doctrine are called Sunni. | At the time of the death of the Prophet, there was a quarrel between the two groups for imamate (the temporal leadership of the religion). One group firmly believed that imamat must be devolved upon the successors of the prophet, i.e. (i) Ali, the son in law; and (ii) Fatima, the daughter of Prophet. This group is known as “Shia”. |
| According to the Sunni doctrine, the leader of Muslims, at any given moment, is the Caliph. He is mainly temporal (worldly) ruler than the religious chief. | According to Shia doctrine, Imam is the final interpreter of the laws. The Imam is not a leader by an election, but by divine right as he is the successor of the Prophet, a descendant of Ali. |
| In the past, four principles for appointing the Caliph recognized: consensus by the ummah, nomination by the preceding Caliph, selection by a committee, or by military force. | They deny and dispute the principle of election by the people in the matter of Caliphate, and hold that the Prophet had appointed Ali as his successor. |
| Most of the Muslims follow Sunni school. | Followers of this school are found in Iraq, Iran, and India. |
h) Explain the “Choice of school” available to Muslims.
Every adult Muhammadan may choose any school he or she likes and may renounce one school in favour of another. And thereafter, the person will be subjected to the law of new school.
Brief Explanations of Important Concepts and Terms:
Different Schools of Muslim Law:
Muslims are mainly divided into two sects Sunnis and Shias. The word Sunni is derived from the Arabic word ‘Sunnah’ which implies a ‘way’, referring to “One of the path” or “one who follows the practices of the Prophet”. At the time of the death of the Prophet, there was a quarrel between the two groups for imamate (the temporal leadership of the religion). One group advocated the principle of the election in choosing the Imam. This group is known as “Sunni”. The adherents to the Sunni doctrine are called Sunni.
Other group opposed the principle of the election in choosing the Imam and proclaimed that Ali is the successor of the ‘Prophet’. They firmly believe that imamat must be devolved upon the successors of the prophet, i.e. (i) Ali, the son in law; and (ii) Fatima, the daughter of Prophet. This group is known as “Shia”.
There are four sub-schools of Sunni school namely a) Hanafi school, b) Maliki school, c) Shafei school and d) Hanbali school. And there are three sub-schools of Shia school namely a) Ithna-ashari, b) Ismaili and c) Zaidy. Ithna-ashari sub-school is further divided into i) Akhbari and ii) Usuli. Ismaili sub-school is further divided into i) khoja and b) Bohra
Sunni Sub-Schools:
Hanafi School:
It is the first and most popular and largest school of Law among Muslims. Imam Abu Hanifa (A.H. 80 – 150) founded this school. He was native of Koofa city; hence this school is also known as Koofa school. The majority of Sunnis in India are the follower of this school. It prevails in Northern India, Arabia, Syria, Turkey, Pakistan, Bangladesh, Afghanistan, and Egypt.
The Prophet himself prohibited writing and preserving of his words and traditions. There were some questions where the Quran does not provide explicit commands. The doctrine of hadith was not developed at that time. Hence Hanifa relied mostly on ‘qiyas’ (analogical deductions). Two disciples of Imam of Abu Hanifa named Abu Yunus and Imam Mohammad codified their law based on Ijma and lsthihsan. Abu Yusuf relied upon traditions while Imam Mohammad cited traditions to justify conclusions arrived at by qiyas.
Two important and authoritative texts of this school are Fatwa-e-Alamgiri and Hidaya. Fatwa-e-Alamgiri.
Maliki School:
This school was founded by Malik–bin- Anas (A.H. 95 – 175) who was the Mufthi of Madeena. There are no followers of Maliki School in India. This school prevails in North and West Africa, Morocco and Spain.
Imam Malik collected about 8000 traditions of the Prophet. He testified and compiled only about 2000 out of these traditions. He codified it in subject wise in his Book Kitab-al-Muwatta which was the first and most authoritative book of Hadis. The Hanafi School gave importance to Ijma’a of the people and lsthihsan (Juristic preference) while the Maliki School was giving importance to Sunnah and Hadis. Maliki law is based on Sunnah. They accept Ijma’a only in rare cases and they will accept Ijma’a of the scholars of Madeena alone. The most authoritative Book on Maliki School is Kitab-al-Muwatta by Imam Malik which is the first book on Hadis in Islam.
Shafei School:
This school was founded by Muhammad bin Idris Shafei (150 A.H. – 204 A.H.). He was a disciple of Imam Malik at Madeena and later he went to Koofa and worked with the disciples of Imam Abu Haneefa. There are followers of Shafie School in Egypt, Cairo, Southern Arabia, South East Asia, Indonesia, Malaysia, and Malabar (Kerala).
Imam Shafei conceived the idea of harmonizing the two schools Hanafi and Maliki in a friendly manner. He is considered as the greatest jurist of Islam. He is the creator of the classical theory of Islamic Jurisprudence. Shafei established Ijma as an important source of Muslim law and gave validity to the custom of the people of Islam following more to the method of Hanafi school. Quiyas or analogy is the contribution of Imam Shaffie to Muslim law. The only authoritative book of Islamic jurisprudence is Al-Risala is written by Imam Shaffie.
Hanbali School:
This school was founded by Ahmad bin Hanbal (A.H. 164-241). He was a disciple of Imam Shafei and strong supporter of Hadis. The followers of Hanbali school found in Syria, Palestine and Saudi Arabia.
He opposed the method of Ijthihad (personal reasoning) explained by Imam Shaffie. And instead, he formed a theory of tracing root (usool) of Sunnah or Hadis to get the answer. He collected about 80,000 Ahadis and codified them in his Book ‘Musnath’. Other important texts of this school are Taat-ur-Rasul and Kitab-ul-Alai.
Shia Sub-Schools:
Ithna-ashari School of Muslim Law:
The Ithna Asharia school called as Imamia School. They follow the ‘Ithna-Ashari’ law. The followers of this school believe that starting from Imam Ali (A. S) there had been twelve Imams who possessed spiritual powers. Followers of this school are found in Lebanon, Iraq, Iran, Pakistan and India. Majority of Shias in India follow this school. They are considered political quietists. This is the largest Shia school.
This school is further divided into (i) Akhbari (they are rigid traditionalists) and (ii) Usuli (they allow free scope to human reason in the interpretation of the Quran and estimate genuineness of tradition).
Ismaili School:
They believe that there were seven imams. and Ismail who was the seventh Imam formed this school. In India, they consist of two groups, viz, the Khojas or Eastern Ismailis, representing the followers of the present Aga Khan, who is believed to be 49th Imam in the line of the prophet, and the western Ismailis, who are popularly called Bohras and may be divided into Daudis and Sulaymanis and various other small groups. The word “Bohra” merely means merchant and does not signify any particular school of Muslim law.
The Khojas and Bohras of Mumbai (Bombay) belong to this school. They are identified with esoteric and gnostic (having special knowledge) religious doctrines. Ismailis are more open to the importance and role of women and less literal or strict and more tolerant in their view and practice of Islam in my experience.
Zaidy School:
They are not found in India but found in South Arabia. This sect is the most prominent in Yemen. The followers of this school are known for their political activism.
The beliefs of this school are closer to the orthodox Hanafi Sunni school and often rejected by Twelver Shia school. They recognize the principle of an election as the basis of the succession and consider the Imam is nothing more than a ‘right guide’.
The Motazila School:
The Motazila emerged as a separate sect of Islam around 9 Century A. D. This school was established by Ata-al-Ghazzal during the reign of Mamun. Although they do not associate themselves from any of the two existing sects yet, it is said that they were defectors from the Shia community.
Choice of School of Law:
Every adult Muhammadan may choose any school he or she likes and may renounce one school in favour of another. And thereafter, the person will be subjected to the law of new school.
Conclusion:
Muslim law is governed by the teachings of the Quran and the Prophet Mohammad. Sunnis and Shias are the two main sects of Islam and both of these sects have their own schools. Although there are differences of opinions amongst these schools of Muslim Law, the Muslim world considers all of them to be correct. Thus, no school has more prominence over another. The teachings of these different schools of Muslim Law can be compared to different paths which all lead to the same destination.