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.

1. 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.

2. 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.

3. 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.

4. Key Differences: Sunni vs. Shia Law