الصفحات

Sunday, November 10, 2019

The Four Schools of Jurisprudence

The Four Schools of Jurisprudence

The Four Schools of Jurisprudence


Introduction:

Muslims gathered around the Prophet, were sincere in their religion for Allah, and succeeded in forming a new society that is ruled by the Book and the Sunnah.

Then, they went on to spread the light of Allah everywhere and could remove the two largest corrupt states at that time: the Persians and the Romans. Also they could remove the despots in the north of the Arabian Peninsula who follow them like AL-Manaadhirah and AL-Ghasaasenah.

Muslim armies were accompanied by jurists from the Prophet’s Companions who studied under him and went on to teach people provisions of Islam and regulate their lives in which ways of living differed from one region to another.

This was followed by the appearance of schools of giving legal opinions (Iftaaᶦ):

Imam Abu-Hanifah School.

Imam Malik ibn Anas School.

Imam Shafii School.

Imam Ahmad ibn Hanbal School.


 

These schools were not the only ones that appeared in the early times, but there were more than eighty independent famous jurists, such as AL-Layth ibn Saᶦd in Egypt, Imam ibn Taymiyah in Damascus and his student ibn AL-Qayeem, also ibn Hazm AL-Andalusi.

¨The Prophet’s message has spread to the world by two groups of the Companions:
①A group stayed in AL-Madinah, to whom people went and asked for legal opinions.
②And a group went off with the conqueror Muslim armies to teach people provisions of the religion.

Causes of emergence of these schools:

1) The death of the Prophet, i.e., he was no longer alive to answer Muslims’ questions and give them legal opinions.
2) The death of the Prophet’s Companions who lived with the Prophet and gave people legal opinions.
3) Appearance of new issues due to Muslims’ new life.
4) The presence of a number of the Companions in AL-Madinah made it difficult for people to travel to them.

Some of the most important famous scholars


Imam Abu Hanifah

He is AL-Numaan ibn Thabit. He was born in Kufa, in 80 A.H.

He lived for fifty years under the Umayyad Caliphate and for twenty years under the Abbasid Caliphate. 

He was famous for wisdom and self-esteem and was fond of debates and thought. He had followers and students who disseminated his opinions in many Muslim countries.

He established his school in Kufa.

He tends to juristic deduction and depends to a lesser extent on the Prophetic tradition. The Shariah Judiciary and educational books in Egypt depend on his school.
He died in 150 A.H., under the Caliph Abu-Gafar AL Mansour.
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❷Imam Malik ibn Anas

He was born in AL-Madinah AL-Munawwarah in 93 A.H.
He learned in it among the Companions and the Successors of the Companions.

He became the leader of the jurisprudents of AL-Hejaz so that it was said: “NO one is asked to give a verdict while Malik is in AL-Madinah.”

He was called “Imam of Dar AL-Hijrah (AL Madinah).”
His school combines between tradition, jurisprudence, interpretation, and history.
He disagreed with Abi Jaᶦfar AL-Mansour who ordered to flog him. But the Caliph AL Mahdi got close to him and narrated his book “AL-Muwatta”.

Malik ibn Anas School spread in Morocco and Andalusia. His book “AL-Muwatta” has gained a great fame. He wrote it in forty years. He has combined between jurisprudence and tradition in it.

The Abbasid Caliphs suggested to publish his book and commit people to it, but he refused this suggestion. Imam Shafii is one of his students.

Malik ibn Anas died in AL Madinah in 179 A.H. under the Caliph Haroun AL Rasheed.
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❸Imam Shafii

He is Muhammad ibn Idrees. 
He was born in Shafiᶦ in Ghazah in 150 A.H. ,i.e., in the same year of Abi Hanifah’s death.

His descent is the same as that of the Prophet in Hashem ibn Abd Manaaf.

He learned language and literature in Makkah.

He memorized the Qurᶦan at the age of seven, and studied under Imam Malik so that he memorized “AL-Muwatta” at the age of ten.

He became a jurisconsult at the age of fifteen. Then he went to Iraq where he met Abu-Hanifah’s friends, thus he combined between acquaintance of the scholars of tradition (Imam Malik), and the scholars of juristic deduction (Abu-Hanifah).

He took over some administrative acts in the Yemen under Haroun AL-Rasheed.

His school spread in Egypt, Damascus, and Iraq.

Imam Shafii is famous for his fluency and intelligence. He has set a good example for that. He has composed many poems in wisdom and preachment.

 He has established two schools. The first of them is in Iraq. 
On his last days, he moved to Egypt in 199 A.H. and lived in AL-Fustat (ancient Cairo). Then he started to teach people in Amr ibn EL-Aas Mosque. As he realized that the living conditions of people in Egypt differed from that of people in Iraq, he established his new school.

He wrote 113 books and established the science of jurisprudence principles.

He died in Egypt in the month of Rajab in 204 A.H. He was buried in Egypt near his mosque in the time of the Caliph AL-Mamoun.
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Imam Ahmad ibn Hanbal

He was born in Baghdad in 164 A.H.

He met Imam Shafii and studied under him, then he moved to Damascus and AL-Hejaz.
He is one of the most adherent people to the Holy Quran and the Prophetic Tradition. 
Bukhari and Muslim are of his students. 
He has written his book “AL-Musnad AL-Kabeer” which includes 40000 traditions.
He died in 241 A.H. under the Caliph AL-Mutawakkil.
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A comment on the Schools


Diversity of schools is a mercy for people and not a contradiction as the stupid claim.

Some of those scholars have taken the prudent opinion, and the others have taken the easiest opinion. 

This diversity does not affect the principles of the faith or the worship. There are red lines that any independent jurist cannot cross.

For example: NO one can give a legal opinion that makes sunset prayer of two prayer units instead of three, makes morning prayer of three units instead of two, or omits any verse or Chapter of the Holy Quran.

This diversity is due to that the Holy Quran and traditions are in Arabic Language. And Arabic Language vocabularies allow deduction in some of its expressions.


  



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