Sub-Schools of Shia School of Muslim Law

After the death of the Prophet in 632, his followers subsequently built an empire that would stretch from Central Asia to Spain less than a century after his death. But a debate over succession split the community, with some arguing that leadership should be awarded to qualified individuals and others insisting that the only legitimate ruler must come through Mohammedโ€™s bloodline. 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. While, the 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”. Thus, there are two main schools of Muslim Law: a) Sunni school and b) Shia school.  There are three sub-schools of Shia school in Muslim Law. Viz: Ithna-ashari school, Ismaili school, Zaidy school.

Shia School

The Shia reject not only the jurists but also all the traditions not handed down by Ali or its immediate descendants. The three important schools of law among Shia are Isna Ashari or Ja-afari, Ismaili and Zayadi. Shia sect is a minority in the Muslim world. They have political power only in Iran though they were not a majority in that state also. In India, they are a microscopic minority. Shias do not accept qiyas.

Ithna-ashari School of Muslim Law:

After the death of Imam Zainul Abidin, the majority, however, followed Imam Muhammad al-Baqir and after him Imam Jafar-as- Sadiq after the death of Imam Jafar the Sixth Imam a difference arose; the majority following Imam Musa al-Kazim and though him six other Imams, thus making twelve imams in all. Thus, ithna Asharis school of Shias was founded. Ithna Asharis, an Arabic term, means Twelvers. In India, they are next to Hanafis and mostly found in Lucknow, Murshidabad and Deccan. In Kashmir Itnna Asharis are in majority among Shias.

They follow the โ€˜Ithna-Ashariโ€™ law. 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. The dominant Shia legal school is sometimes termed the Ja’fari Fiqh, after the lmam Jaafar Sadiq (a.s.), the Sixth Infallible Imam of the world of Shiism. The Ja’fari [Hafari] fiqh of the Imami Shias is in most cases indistinguishable from one or more of the four Sunni madhahib, except that “Mutah” or temporary marriage is considered lawful by the Fiqh Jafari, whereas it is prohibited in all the Sunni schools. The important text is โ€™Sharaโ€™ya-ul-Islamโ€™

There were twelve imams. Their major belief is that last of these Imams has disappeared and to be returning as Mehdi (Messiah). 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 of Muslim Law:

The minority of the Shias, after the death of Imam Jafar did not acknowledge Musa-al-Kazim, but followed his elder brother, Ismail and are known as Ismailies. They are also caled โ€œSabiyyaโ€ or โ€œSevenersโ€ for acepting only seven Imams. Originally this school prevailed in Egypt where it found favour with the fatimid Kings. It is for this reason, Sometimes called โ€œ Fatimid Schoolโ€,

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 โ€œBohraโ€ merely means merchant and does not signify any particular school of Muslim law. Bohoras may be divided into Daudis and Sulaymanis and various other small groups. 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.

The Khojas and Bohras of Mumbai (Bombay) belong to this school. They are identified with esoteric and gnostic (having special knowledge) religious doctrines.

Zaidy School of Muslim Law:

After the death of fourth Imam, Zaynul Abidin, one faction of the Shias accepted Zaydi, one of his sons, as Imam. Thus, Zaidiyah school or sect was founded. Zayd is the author of Majmu-ul-Fiah, but the work is available in spurious form. 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 โ€˜right guideโ€™.

Main Features of Zaidy School:

Main fetures of Zaidy school are as follows:

  1. The school recognized the principle of election as the basis of succession.
  2. The school considers the Imam is nothing more than a โ€˜right guideโ€™.
  3. This school believes in the political uprising and thinks that untrue and un-divine leaders should be revolted against.
  4. The teachings of this school are very similar to that of Sunni schools and incorporate some of the same learning. 

Conclusion:

There are two main schools of thought in Islam. They are Sunni school and Shia school. Sunni school has four sub-schools namely: Hanafi, Maliki, Shafei, and Hanbali. While there are three sub-schools of Shia school. They are Ithna-ashari, Ismaili, and zaidy. Shia believe 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.

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