Q2. Discuss the origin of the Schools of Muslim Law. Elaborate on the sub-schools of Sunni Law and highlight the major differences between the Sunni and Shia schools.
- Origin of the Schism
The division into distinct schools (Madhhabs) was not religious but political. Following the Prophet’s death in 632 AD, a dispute arose regarding his successor.
- Sunnis: Believed the Caliph (leader) should be elected by the community’s consensus. They elected Abu Bakr.
- Shias: Believed leadership (Imamate) was a divine right belonging exclusively to the Prophet’s bloodline, beginning with his cousin and son-in-law, Ali.
- Sub-Schools of Sunni Law
- Hanafi School: Founded by Imam Abu Hanifa. It is the most widely followed school in India. It is highly progressive, relying heavily on Qiyas (reasoning) and equitable preference (Istihsan).
- Maliki School: Founded by Imam Malik. It strictly adheres to the traditions and practices of the people of Medina.
- Shafi’i School: Founded by Imam Shafi’i. He systematized Islamic jurisprudence, striking a balance between strict traditionalism and logical deduction.
- Hanbali School: Founded by Imam Ahmad bin Hanbal. It is the most rigid and orthodox, rejecting analogy and relying almost entirely on the literal reading of Ahadis.
- Sub-Schools of Shia Law
- Ithna Ashari: (Twelvers) The vast majority of Shias in India.
- Ismaili: (Seveners) Includes the Khojas and Bohras in India.
- Zaidya: Not prominent in India; primarily found in Yemen.
- Key Differences: Sunni vs. Shia Law
Area of Law | Sunni (Hanafi) Law | Shia (Ithna Ashari) Law |
Marriage Witnesses | Essential: 2 males (or 1 male, 2 females). | Not essential at the time of marriage. |
Muta (Temporary) Marriage | Void (Batil). Not recognized. | Legally recognized (temporary marriage). |
Talaq (Divorce) | Witnesses not required. | Strictly requires 2 competent witnesses. |
Inheritance | Strongly prefers Agnates (male lineage). | Treats Agnates and Cognates equally; closer blood excludes remoter. |