Shafi'i school
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The Shafi'i school or Shafi'ism (
traditionist al-Shafi'i, "the father of Muslim jurisprudence",[3] in the early 9th century.[4][5][3]
The other three schools of Sunnī jurisprudence are
Ḥadīths as primary sources of law.[4][6] The Shafi'i school affirms the authority of both divine law-giving (the Qurʾān and the Sunnah) and human speculation regarding the Law.[7] Where passages of Qurʾān and/or the Ḥadīths are ambiguous, the school seeks guidance of Qiyās (analogical reasoning).[7][8] The Ijmā' (consensus of scholars or of the community) was "accepted but not stressed".[7] The school rejected the dependence on local traditions as the source of legal precedent and rebuffed the Ahl al-Ra'y (personal opinion) and the Istiḥsān (juristic discretion).[7][9]
The Shafiʽi school was widely followed in the
One who ascribes to the Shafi'i school is called a Shafi'i, Shafi'ite or Shafi'ist (
Arabic: ٱلشَّافِعِيّ, romanized
: al-shāfiʿī, pl. ٱلشَّافِعِيَّة, al-shāfiʿiyya or ٱلشَّوَافِع, al-shawāfiʿ).
Principles
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The fundamental principle of the Shafiʽi thought depends on the idea that "to every act performed by a believer who is subject to the Law there corresponds a statute belonging to the Revealed Law or the
Qurʾān or the Sunnah or it is possible, by means of analogical reasoning (Qiyas), to infer it from the Qurʾān or the Sunnah.[9]
As-Shafiʽi was the first jurist to insist that Ḥadīth were the decisive source of law (over traditional doctrines of earlier thoughts).[16] In order of priority, the sources of jurisprudence according to the Shafiʽi thought, are:[4][17]
The Foundation (al asl)
The school rejected dependence on local community practice as the source of legal precedent.[7][18][9]
Ma'qul al-asl
- Qiyas with Legal Proof or Dalil Shari'a — "Analogical reasoning as applied to the deduction of juridical principles from the Qurʾān and the Sunnah."[4][17]
- Ijmā' — consensus of scholars or of the community ("accepted but not stressed").[7]
The concept of Istishab was first introduced by the later Shafiʽi scholars.[10] Al-Shafiʽi also postulated that "penal sanctions lapse in cases where repentance precedes punishment".[16]
Risālah
The groundwork legal text for the Shafiʽi law is
al-Shafiʽi's al-Risala ("the Message"), composed in Egypt. It outlines the principles of Shafiʽi legal thought as well as the derived jurisprudence.[19] A first version of the Risālah, al-Risalah al-Qadima, produced by al-Shafiʽi during his stay in Baghdad, is currently lost.[9]
Differences from Mālikī and Ḥanafī thoughts
Istiḥsan).[20]
With Mālikī view
- Shafiʽi school argued that various existing local traditions may not reflect the practice of Shāfiʿī understanding, thus cannot be treated as sources of law.[20]
With Ḥanafī view
- The Shafiʽi school rebuffed the Ahl al-Ra'y (personal opinion) and the Istiḥsān (juristic discretion).[9] It insisted that the rules of the jurists could no longer be invoked in legal issues without additional authentications.[20][21][22] The school refused to admit doctrines that had no textual basis in either the Qurʾān or Ḥadīths, but were based on the opinions of Islamic scholars (the Imams[20]).[23][20]
- The Shafiʽi thinking believes that the methods may help to "substitute man for God and Prophet Muhammed, the only legitimate legislators"[9] and "true knowledge and correct interpretation of religious obligations would suffer from arbitrary judgments infused with error".[24][25][26][27]
History
Al-Shāfiʿī (c. 767–820 AD) visited most of the great centres of Islamic jurisprudence in the Middle East during the course of his travels and amassed a comprehensive knowledge of the different ways of legal theory. He was a student of Mālik ibn Anas, the founder of the Mālikī school of law, and of Muḥammad Shaybānī, the Baghdad Ḥanafī intellectual.[3][28][29]
- The Shafiʽi thoughts were initially spread by Al-Shafiʽi students in Cairo and Baghdad. By the 10th century, the holy cities of Mecca and Medina and Syria also became chief centres of Shafiʽi ideas.[10]
- The school later exclusively held the judgeships in Syria, Kirman, Bukhara and the Khorasan. It also flourished in northern Mesopotamia and in Daylam.[10] The Ghurids also endorsed the Shafiʽis in the 11th and 12th centuries AD.[10]
- Under Baybars, the Mamlūk sultan, later appointed judges from all four madhabs in Egypt.[10]
- Traders and merchants helped to spread Shafiʽi Islam across the Indian Ocean, as far India and the Southeast Asia.[11][12]
Under Ottomans and the Safavids
- Rise of the
- Under the Safavids, Shafiʽi preeminence in Central Asia was replaced by Shi'a Islam.[10]
- After the beginning of the Safavid rule, the presence of the Shafi's in Iran was limited to the western regions of the country.[30][31][32][33]
Distribution
The Shafiʽi school is presently predominant in the following parts of the world:[13]
- Middle East and North Africa: Parts of
- Eurasia: Northern regions of Azerbaijan, Dagestan, Chechen and Ingush regions of the North Caucasus.
- On the Indian Ocean
The Shafiʽi school is one of the largest school of Sunni madhhabs by number of adherents.[2][13] The demographic data by each fiqh, for each nation, is unavailable and the relative demographic size are estimates.
Notable Shafiʽis
Contemporary Shafiʽi scholars
From Middle East and North Africa:
- Ahmed Kuftaro
- Ali Gomaa
- Habib Umar bin Hafiz
- Habib Umar al-Jilani
- Sa'id Foudah
- Abdullah al-Harari
- Ali al-Jifri
- Mohammad Salim Al-Awa
- Wahba Zuhayli
- Taha Jabir Alalwani
- Taha Karaan
From Southeast Asia:
From South Asia:
See also
- Sunni Islam
- Hanafi
- Maliki
- Hanbali
- Shia Islam
References
Notes
- 1.^ "The law provides sanctions for any religious practice other than the Sunni Shafiʽi doctrine of Islam and for prosecution of converts from Islam, and bans proselytizing for any religion except Islam."[14]
Citations
- ^ a b Hallaq 2009, p. 31.
- ^ a b c Saeed 2008, p. 17.
- ^ a b c "Abū ʿAbd Allāh ash-Shāfiʿī". Encyclopaedia Britannica.
- ^ a b c d e Ramadan 2006, pp. 27–77.
- ^ Kamali 2008, p. 77.
- ^ a b Shanay, Bulend. "Shafi'iyyah". University of Cumbria.
- ^ a b c d e f g "Shāfiʿī". Encyclopaedia Britannica.
- ^ Hasyim 2005, pp. 75–77.
- ^ a b c d e f g h i j k l Chaumont, Éric (1997). "Al-Shafi". The Encyclopedia Of Islam. Vol. IX. Brill. pp. 182–183.
- ^ a b c d e f g h i Heffening, W. (1934). "Al-Shafi'i". The Encyclopaedia of Islam. Vol. IV. E. J. Brill. pp. 252–53.
- ^ a b Christelow 2000, p. 377.
- ^ a b Pouwels 2002, p. 139.
- ^ a b c "Islamic Jurisprudence & Law". University of North Carolina.
- ^ a b c "International Religious Freedom Report: Comoros" (PDF). United States Department of State. 2013.
- ^ Ahmady, Kameel 2019: From Border to Border. Comprehensive research study on identity and ethnicity in Iran. Mehri publication, London. p 440.
- ^ ISBN 978-0-19-512558-0.
- ^ a b c Al-Zarkashi 1393, p. 209.
- ^ Brown 2014, p. 39.
- ^ Khadduri 1961, pp. 14–22.
- ^ a b c d e Chaumont, Éric (1997). "Al-Shafi'iyya". The Encyclopedia Of Islam. Vol. IX. Brill. pp. 185–86.
- ^ Istislah The Oxford Dictionary of Islam, Oxford University Press
- ^ Istihsan The Oxford Dictionary of Islam, Oxford University Press
- ^ Ridgeon 2003, p. 259–262.
- ^ "Istiḥsān". Encyclopædia Britannica.
- ^ "Istislah". The Oxford Dictionary of Islam. Oxford University Press. Archived from the original on 16 October 2014.
- ^ "Istihsan". The Oxford Dictionary of Islam. Oxford University Press. Archived from the original on 11 October 2014.
- ^ a b Hallaq 2009a, p. 58–71.
- ^ Haddad 2007, p. 121.
- ^ Dutton, p. 16.
- ISSN 2228-7906.
- ^ "Iran". United States Department of State. Retrieved 2023-09-24.
- ^ "The arrival of Seljuks at Khorasan and the sufferings of Nishapurian Shafi'is -Ash'aris".
- ^ Ahmady, Kameel 2019: From Border to Border. Comprehensive research study on identity and ethnicity in Iran. Mehri publication, London. pg. 440.
- ^ "Ahmady, Kameel. Investigation of the Ethnic Identity Challenge in Iran- A Peace-Oriented, EFFLATOUNIA - Multidisciplinary Journal, Vol. 5 No. 2 (2021) pp. 3242-70". EFFLATOUNIA - Multidisciplinary Journal.
- ^ "Religious Governance in Syria Amid Territorial Fragmentation".
Bibliography
Primary sources
- Al-Zarkashi, Badr al-Din (1393). Al-Bahr Al-Muhit Vol VI.
- Khadduri, Majid (1961). 'Islamic Jurisprudence: Shafiʽi's Risala. Johns Hopkins University Press.
- Al-Shafiʽi: The Epistle on Legal Theory - Risalah fi usul al-fiqh. Translated by Lowry, Joseph. New York University Press. 2013. ISBN 978-0814769980.
Scholarly sources
- ISBN 9780521678735.
- Saeed, Abdullah (2008). The Qur'an: An Introduction. Routledge. ISBN 978-0415421256.
- Ramadan, Hisham M. (2006). Understanding Islamic Law: From Classical to Contemporary. ISBN 978-0-7591-0991-9.
- ISBN 978-1851685653.
- Hasyim, Syafiq (2005). Understanding Women in Islam: An Indonesian Perspective. Equinox. ISBN 978-9793780191.
- Hallaq, Wael B. (2009a). Sharī'a: Theory, Practice, Transformations. Cambridge University Press. ISBN 978-0521861472.
- Brown, Jonathan A. C. (2014). Misquoting Muhammad: The Challenge and Choices of Interpreting the Prophet's Legacy. Oneworld Publications. ISBN 978-1780744209.
- Ridgeon, Lloyd (2003). Major World Religions: From Their Origins to the Present. Routledge. ISBN 978-0415297967.
- Dutton, Yasin. The Origins of Islamic Law: The Qurʼan, the Muwaṭṭaʼ and Madinan ʻAmal.
- Haddad, Gibril F. (2007). The Four Imams and Their Schools. Muslim Academic Trust, London.
- Pouwels, Randall L. (2002). Horn and Crescent: Cultural Change and Traditional Islam. Cambridge University Press. ISBN 978-0521523097.
- Christelow, Allan (2000). Levtzion, Nehemia; Pouwels, Randall (eds.). "Islamic Law in Africa," in The History of Islam in Africa. Ohio University Press. ISBN 978-0821412978.
- Zayn Kassam; Bridget Blomfield (2015). "Remembering Fatima and Zaynab: Gender in Perspective". In Farhad Daftory (ed.). The Shi'i World. I. B. Tauris Press.
Further reading
- Al-Shāfiʿī, Muḥammad ibn Idrīs; Lowry, Joseph E. (2013). The Epistle on Legal Theory: A Translation of Al-Shafi'i's Risalah. Translated by Lowry, Joseph E. New York University Press. JSTOR j.ctt17mvkhj.
- Cilardo, Agostino (2014). "Shafiʽi Fiqh". In Fitzpatrick, Coeli; Walker, Adam Hani (eds.). Muhammad in History, Thought, and Culture: An Encyclopedia of the Prophet of God. ABC-CLIO.
- Yahia, Mohyddin (2009). Shafiʽi et les deux sources de la loi islamique, Turnhout: Brepols Publishers, ISBN 978-2-503-53181-6
- Rippin, Andrew (2005). Muslims: Their Religious Beliefs and Practices (3rd ed.). London: Routledge. pp. 90–93. ISBN 0-415-34888-9.
- Calder, Norman, Jawid Mojaddedi, and Andrew Rippin (2003). Classical Islam: A Sourcebook of Religious Literature. London: Routledge. Section 7.1.
- Schacht, Joseph (1950). The Origins of Muhammadan Jurisprudence. Oxford: Oxford University. pp. 16.
- Khadduri, Majid (1987). Islamic Jurisprudence: Shafiʽi's Risala. Cambridge: Islamic Texts Society. pp. 286.
- Abd Majid, Mahmood (2007). Tajdid Fiqh Al-Imam Al-Syafi'i. Seminar pemikiran Tajdid Imam As Shafie 2007.
- al-Shafiʽi, Muhammad b. Idris, "The Book of the Amalgamation of Knowledge" translated by A.Y. Musa in Hadith as Scripture: Discussions on The Authority Of Prophetic Traditions in Islam, New York: Palgrave, 2008.
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