Madhhab
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A madhhab (
The major
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.
The
"Ancient" schools
According to
Al-Shafi‘i and after
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.
10th century
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.
Modern era
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
Schools
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.[34][35]
Experts and scholars of fiqh follow the
Sunni
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
The 4 major and 1 minor schools of thought are accepted by all main scholars in most parts of the world.
Hanafi
The
Maliki
The
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
The
.Hanbali
The
It is followed by Muslims in
.Zahiri
The
Shia
Ja'fari
Subgroups
- 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 Bábí and Baháʼí religions, which regard Shaykh Ahmad highly.[citation needed]
Ismaili
Subgroups
- legalism), which adheres to an absolutism approach to revelation.
- Tāyyebī Mustā'līyyah: the Alavi Bohra, and other smaller groups.
Zaidi
Ibadi
The
Amman Message
The
- Sunni)
- Sunni)
- Sunni)
- Sunni)
- Shia)
- Shia)
- Ibadiyyah
- 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.[42]
See also
- Sharia (Islamic law)
- Schools of Islamic theology
- Islamic schools and branches
- Fiqh
- Ikhtilaf
- Ijtihad
- Taqlid
- Verse of Obedience
- Uli al-amr
- Istihsan
- Qiyas
References
Notes
- ^ 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
- ^ ISBN 9780195305135.
- ^ ISBN 9780199739356.
- ^ Emad El-Din Shahin (ed.). The Oxford Encyclopedia of Islam and Politics. Oxford University Press. Archived from the originalon 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.
- 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; Kéchichian, Joseph A. (2009). "Fatwā. 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.
- ISBN 978-1-56564-424-3.)
{{cite book}}
: 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 maître et mécène de l’Egypte, vu à travers quelques documents islamiques anciens", Journal of Near Eastern Studies 40, 1981, p. 189–202
- ^ Mathieu Tillier, "Les "premiers" cadis de Fusṭāṭ et les dynamiques régionales 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.
- ^ 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
- ISBN 978-0691134840. Retrieved 13 May 2015.
- ISBN 9789004162419
- ^ Meinhaj Hussain, A New Medina, The Legal System, Grande Strategy, 5 January 2012
- ISBN 9004026320. Retrieved 11 May 2015.
- ISBN 9780521588133. Retrieved 11 May 2015.
- ISBN 9780521653947
- ^ M. Mahmood, The Code of Muslim Family Laws, pg. 37. Pakistan Law Times Publications, 2006. 6th ed.
- ISBN 9781405178488
- ^ Louis Massignon, The Passion of al-Hallaj: Mystic and Martyr of Islam. Trans. Herbert W. Mason. Pg. 130. Princeton: Princeton University Press, 1994.
- ^ 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)
- ISBN 9781139457163.
- ISBN 9781851098422.
- ISBN 9780833047885.
- ^ "UNHCR Web Archive".
- ^ Hendrickson, Jocelyn (2013). "Fatwa". In Gerhard Böwering, Patricia Crone (ed.). The Princeton Encyclopedia of Islamic Political Thought. Princeton University Press.
- ^ a b Dallal, Ahmad S.; Hendrickson, Jocelyn (2009). "Fatwā. 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
- Burton, John (1990). The Sources of Islamic Law: Islamic Theories of Abrogation (PDF). 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
- Haddad, Gibril F. (2007). The Four Imams and Their Schools. London: Muslim Academic Trust.
External links
- Media related to Madhhab at Wikimedia Commons