The Emergence of Jurisprudential Schools
The development of jurisprudential schools (madhahib) in Islamic law began shortly after the time of the Companions of the Messenger of Allah ﷺ. These schools emerged as various prominent mujtahidun (legal jurists) developed principles to derive rulings from the established sources of Islam. The differences observed between these schools today trace back to the era following the veiling of the Messenger of Allah ﷺ. Many of the Companions migrated to different regions during the Prophet’s ﷺ lifetime or after his passing. These Companions, who were appointed as leaders in areas far from the central Islamic state, received training from the Prophet ﷺ in matters of judicial responsibility.
Explore The Mystery of Fiqh and understand why Islamic schools of thought differ. Uncover the roots of scholarly diversity in Islamic law and its relevance today.
One noteworthy event occurred when the Prophet ﷺ instructed his companion, Muadh b. Jabal, to travel to Yemen. The Prophet ﷺ accompanied him part of the way and asked Muadh a series of questions regarding how he would handle legal matters:
The Prophet ﷺ said to Muadh, “With what will you judge by? O Muadh.” He replied, “By the Book of Allah Almighty.” The Prophet ﷺ then asked, “And if you don’t find it therein?” Muadh answered, “By the Sunnah of the Messenger of Allah.” The Prophet ﷺ asked again, “And if you do not find it therein?” To this, Muadh replied, “I will utilize my reasoning.” The Prophet ﷺ then patted Muadh on his chest and said, “All praise is for Allah, who has granted the ability to the messenger of the Messenger of Allah ﷺ to do that which He loves and is pleased by.” (Abu Dawud, 3592)
From this narration, we can infer several key sources of the mystery of fiqh and understand the process the Companions followed when they couldn’t find rulings in the Quran or Sunnah. It’s important to note that the reasoning of the Companions may have varied, as not all had the same length of time spent with the Prophet ﷺ, and this naturally influenced their legal opinions.
The Sources of Jurisprudence
Aside from the Quran and Sunnah, the third major source of fiqh is Al-Ijma (consensus). This occurred when a Companion would issue a ruling and no one else disagreed with it. Their consensus held the same weight as a verse of the Quran in the eyes of Islamic law. The fourth source is Al-Qiyas (rational deduction), which was used when new circumstances arose, as evidenced by the hadith of Muadh b. Jabal.
Following the era of the Companions, their students, known as the Tabi’un (followers), worked to codify and systematize fiqh. They employed principles based on the teachings of the Companions, all of which ultimately traced back to the Quran and Sunnah.
There is no disagreement about using these core sources for deriving rulings. However, the differences between the jurisprudential schools arise from the way these sources are applied, leading to various interpretations and rulings. The reasons behind these differences are complex and can only be fully understood by studying the principles of jurisprudence (usul al-fiqh).
Multiple Meanings and Interpretations
The differences in legal rulings often stem from varied interpretations of words and phrases found in the Quran and Sunnah. A clear example of this can be seen with the word qurū’ in the verse:
“And divorced women must wait three monthly cycles (2:228).”
The interpretation of the word qurū’ (translated as “monthly cycles”) is disputed. According to the Hanafi school, qurū’ refers to menstruation. This opinion was also supported by Companions such as Umar b. al-Khattab and Abdullah b. Mas’ud. On the other hand, the Shafi’i school holds that qurū’ refers to the period of cleanliness between menstrual cycles. This interpretation was supported by other Companions such as Usman b. Affan and Aisha b. Abi Bakr (may Allah be pleased with them all).
This example illustrates how different interpretations, rooted in the understanding of the Companions, gave rise to divergent opinions in later generations. Additionally, the geographical location of the schools also influenced these interpretations. For instance, scholars in Iraq followed the first opinion (menstruation), while scholars in Hijaz favored the second opinion (period of cleanliness).
The Significance of the Companions’ Understanding
During the lifetime of the Prophet ﷺ, there were instances when the Companions understood his orders in different ways. Importantly, when the Prophet ﷺ became aware of these differences, he did not rebuke them. This is a crucial point, as it highlights the merciful approach of the Prophet ﷺ to differing legal understandings. He, as the shāri’ (lawmaker), was responsible for correcting any errors in understanding.
A well-known incident took place after the Battle of the Confederates (al-Ahzab), when the Prophet ﷺ instructed his Companions not to perform the Asr prayer until they reached Banu Qurayza. Some Companions interpreted the command as an order to delay the prayer until they reached their destination, while others, concerned about missing the prayer time, offered the Asr prayer along the way. When the matter was brought to the Prophet ﷺ, he did not reprimand either group. This incident was used by scholars as evidence of the validity of differing opinions, and the concept that a mujtahid (jurist) earns reward for being correct and also reward for striving, even if incorrect. (Bukhari, 946)
The Role of Accepted Narrations
The differences between the schools also extend to their interpretations of Hadith. Each school has its own criteria for accepting or rejecting a narration. A scholar from one school may deem a narrator as unreliable, while another may consider them trustworthy. Similarly, a narration might be interpreted literally by one scholar and metaphorically by another, depending on the context.
Additionally, the applicability of a narration might differ. Some scholars may view a narration as specific to a certain person or time, while others may apply it more broadly. This is part of the science of khass (specific) versus aam (general). The standards for accepting Hadith vary across the schools, and this is a critical consideration, especially in today’s climate, where some individuals blindly follow narrations without understanding the principles behind them.
One important aspect of jurisprudence is understanding nasikh (abrogating) and mansukh (abrogated) verses and Hadith. Knowing which texts override others is fundamental to correct legal rulings.
Types of Differences in Jurisprudence
In Islamic jurisprudence, differences can be categorized into two main types:
- Accepted Differences: These are differences that do not contradict the clear and definitive principles of the Quran, Sunnah, or Ijma (consensus). These differences are seen as a mercy from Allah, and many of the examples given above fall into this category.
- Unacceptable Differences: These are differences that oppose the clear guidance from the Quran, Sunnah, or Ijma. Disputing these sources, or following personal desires, leads to destruction, as the Prophet ﷺ warned: “Nations before you were destroyed because of their abundant questions and opposing their Prophets.” (Bukhari, 7288)
FAQs about The Mystery of Fiqh
Why do Islamic jurisprudential schools differ in their rulings?
Islamic jurisprudential schools differ due to variations in their interpretation of primary sources like the Quran and Sunnah, as well as differences in the application of principles such as qiyas (rational deduction) and ijma (consensus). These differences stem from factors like geographical location, personal understanding of the Companions, and the time spent with the Prophet ﷺ, which ultimately led to the development of distinct legal schools.
What role did the Companions of the Prophet ﷺ play in the development of Islamic law?
The Companions played a vital role in shaping Islamic law by deriving rulings from the Quran and Sunnah. They were trained by the Prophet ﷺ in judicial matters, and when faced with new situations, they used their reasoning. The differences in their rulings arose due to their unique understanding and experiences with the Prophet ﷺ, which led to the diversity in legal opinions seen in later generations.
What are the four main sources of Islamic jurisprudence (fiqh)?
The four main sources of Islamic jurisprudence are:
- The Quran – The direct revelation from Allah.
- The Sunnah – The actions, sayings, and approvals of the Prophet ﷺ.
- Al-Ijma – Consensus among the Companions or later scholars on a particular ruling.
- Al-Qiyas – Rational deduction or analogy applied to new situations.
What is the significance of the word qurū’ in Islamic law, and why do schools interpret it differently?
The word qurū’, as mentioned in Surah Al-Baqarah (2:228), refers to the waiting period for divorced women. Different schools of thought interpret qurū’ differently: the Hanafi school considers it to refer to menstruation, while the Shafi’i school interprets it as the period of cleanliness between menstrual cycles. These differences arose due to variations in how the Companions understood this term.
How does the example of the Asr prayer during the Battle of al-Ahzab demonstrate the validity of differences in interpretation?
The incident during the Battle of al-Ahzab, where the Prophet ﷺ instructed his Companions not to pray Asr until reaching Banu Qurayza, illustrates the acceptance of differing interpretations. Some Companions prayed early to avoid missing the prayer time, while others followed the order to delay the prayer. The Prophet ﷺ did not reprimand either group, highlighting the validity of multiple interpretations when legal rulings are not clear-cut.
Conclusion: The Mercy in Differences
In conclusion, the schools of fiqh have been thoughtfully constructed and have undergone numerous revisions over time. Following one of the four recognized schools of jurisprudence provides a structured path based on the Quran and Sunnah. The differences between the schools are a mercy for this final Ummah, as there is no new Shariah to be revealed. We pray that Allah grants us the wisdom to understand these differences and unite the Ummah in adherence to the four schools of fiqh. Ameen.
Bibliography:
- Usul ash-Shahi, Shashi
- Tarikh Usul al-Fiqh, Jummah
- Irshad al-Anam, Hammad
- Tarikh at-Tashri al-Islam, Ibrahim
- Al-I’iqaf ala Sabab al-Ikhtilaf, as-Sindi
- Hujjiyyat e Fiqh, Raza
- Umdat al-Qari, Ayni
- al-Madkhal al-Fiqhi al-Aam, az-Zarqa
This article has been written with the assistance of As-Siraj, a charity organization based in the UK and collaboration with The House of Wisdom, which seeks to promote understanding and implementation of Islamic principles.
