6,632
edits
Madh'hab: Difference between revisions
Jump to navigation
Jump to search
m
no edit summary
| [checked revision] | [checked revision] |
mNo edit summary |
|||
| (4 intermediate revisions by the same user not shown) | |||
| Line 1: | Line 1: | ||
{{QualityScore|Lead= | {{QualityScore|Lead=3|Structure=3|Content=4|Language=4|References=1}} | ||
A '''Madh'hab''' (مذهب) is a school of [[Islamic law]] or [[fiqh]] (Islamic jurisprudence). Within [[Sunni]] Islam there are four mainstream schools of thought, which are accepted by one another, and the [[Shiite|Shi'ite]] school of fiqh which (according to a [[fatwa]] by Al-Azhar, the most respected authority in Sunni Islam)<ref>[http://www.al-islam.org/encyclopedia/chapter1b/14.html al-Azhar Verdict on the Shia] - Shi'ite Encyclopedia v2.0, Al-islam</ref> is also now accepted by some Sunnis as a legitimate fifth school of Islamic Law. The five major schools of Islamic law agree on many things, including the death sentence for [[Islam and Apostasy|apostates]].<ref>[{{Reference archive|1=http://formermuslimsunited.org/?page_id=2169|2=2011-10-04}} A Shiite Opinion on Apostasy] - Originally from Kayhan International, March 1986</ref> | A '''Madh'hab''' (مذهب) is a school of [[Islamic law]] or [[fiqh]] (Islamic jurisprudence). Within [[Sunni]] Islam there are four mainstream schools of thought, which are accepted by one another, and the [[Shiite|Shi'ite]] school of fiqh which (according to a [[fatwa]] by Al-Azhar, the most respected authority in Sunni Islam)<ref>[http://www.al-islam.org/encyclopedia/chapter1b/14.html al-Azhar Verdict on the Shia] - Shi'ite Encyclopedia v2.0, Al-islam</ref> is also now accepted by some Sunnis as a legitimate fifth school of Islamic Law. The five major schools of Islamic law agree on many things, including the death sentence for [[Islam and Apostasy|apostates]].<ref>[{{Reference archive|1=http://formermuslimsunited.org/?page_id=2169|2=2011-10-04}} A Shiite Opinion on Apostasy] - Originally from Kayhan International, March 1986</ref> | ||
The various schools of Islamic law all developed as theologians and jurists debated among themselves more than a hundred years after [[Muhammad's Death|Muhammad's death]] on how to identify and interpret what Muhammad had left behind by way of oral traditions. Additionally, adherence to a school of Islamic law appears to be more a matter of geography than conscience | The various schools of Islamic law all developed as theologians and jurists debated among themselves more than a hundred years after [[Muhammad's Death|Muhammad's death]] on how to identify and interpret what Muhammad had left behind by way of oral traditions. Additionally, adherence to a school of Islamic law appears to be more a matter of geography than conscience, as followers of each school exist, for the most part, in certain geographical regions, often divided by country lines. | ||
==The nature of the schools of law== | ==The nature of the schools of law== | ||
| Line 10: | Line 10: | ||
===Non-conformist Salafis=== | ===Non-conformist Salafis=== | ||
{{Main|Salafism}}Starting in the | {{Main|Salafism}}Starting in the 18th century, Muhammad ibn abd al-Wahhab gave rise to what would become the modern day trend in Sunni Islamic thought known as Salafism. Salafism, almost necessarily wildly diverse internally, is the basic idea that the four classical schools of Islamic law have developed so cumbersome a set of legal methodologies that staying loyal to both the exact words of scripture ''and'' any respective madh'hab's interpretive methods is impossible. Lacking a strict method of interpretation, the Salafis look back to the practices of the early Muslims and Muhammad's [[companions]] to determine how scripture should be interpreted, and almost always prefer to just cite a hadith directly in response to a legal question rather than provide a systematically-derived, nuanced answer - though, since many hadith are in themselves unclear and apparently contradictory, this becomes a contentious and even impossible task, thus forcing either disagreement or a resort to some to a more rudimentary (and crucially less systematic or standardized) interpretive approach that brings about a reconciliation of the texts. | ||
==The five schools== | ==The five schools== | ||
| Line 28: | Line 28: | ||
Unique to the Maliki madh'hab is its non-exclusive reliance upon Islamic scriptures and some degree of reason. Imam Malik, living in a Medina that had just a few generations ago hosted Muhammad and his companions, thought it was prudent to observe and emulate the religious practices and beliefs of his contemporaries, even if they could not marshal a hadith narration to justify themselves. This was because Imam Malik believed strongly in what some have dubbed the "living" tradition in addition to the "written" or "memorized" scriptural tradition. As a result, the Maliki madh'hab is the only school of Islamic law to rely o on what is known as ''<nowiki/>'Amalu ahl al-Madinah'' (or, "the actions of the people of Medina"). The Maliki madh'hab is also distinguished by its relative cosmopolitanism and leniency compared to competing schools of Islamic law (thus making it particularly popular among Western converts to Islam today, most famously Hamza Yusuf) due to Imam Malik having reportedly received questioners from all over the Islamic empire and thus needing to accommodate a wide variety of cultural and social milieus in his legal judgements. | Unique to the Maliki madh'hab is its non-exclusive reliance upon Islamic scriptures and some degree of reason. Imam Malik, living in a Medina that had just a few generations ago hosted Muhammad and his companions, thought it was prudent to observe and emulate the religious practices and beliefs of his contemporaries, even if they could not marshal a hadith narration to justify themselves. This was because Imam Malik believed strongly in what some have dubbed the "living" tradition in addition to the "written" or "memorized" scriptural tradition. As a result, the Maliki madh'hab is the only school of Islamic law to rely o on what is known as ''<nowiki/>'Amalu ahl al-Madinah'' (or, "the actions of the people of Medina"). The Maliki madh'hab is also distinguished by its relative cosmopolitanism and leniency compared to competing schools of Islamic law (thus making it particularly popular among Western converts to Islam today, most famously Hamza Yusuf) due to Imam Malik having reportedly received questioners from all over the Islamic empire and thus needing to accommodate a wide variety of cultural and social milieus in his legal judgements. | ||
''<nowiki/><nowiki/><nowiki/>'' | ''<nowiki/><nowiki/><nowiki/><nowiki/><nowiki/>'' | ||
It is said that of all of the four madh'habs, the Maliki and Hanafi madh'habs are most similar methodologically, as the Maliki madh'hab employs the principle of ''Istislah,'' also translatable as "public interest" (comparable to and in many ways indistinguishable from the Hanafi principles of ''Istihsan'' and ''Mashlaha''). The primary difference is that whereas the Hanafi madh'hab prefers ''qiyas'', or analogy'','' to ''istihsan'', the Maliki madh'hab prefers ''istislah'' to ''qiyas''. The Maliki madh'hab also prefers the practices of the people of Medina as well as the ''Ijma'' or consensus of Muhammad's [[companions]] over ''qiyas,'' but allows ''qiyas'' as well. | It is said that of all of the four madh'habs, the Maliki and Hanafi madh'habs are most similar methodologically, as the Maliki madh'hab employs the principle of ''Istislah,'' also translatable as "public interest" (comparable to and in many ways indistinguishable from the Hanafi principles of ''Istihsan'' and ''Mashlaha''). The primary difference is that whereas the Hanafi madh'hab prefers ''qiyas'', or analogy'','' to ''istihsan'', the Maliki madh'hab prefers ''istislah'' to ''qiyas''. The Maliki madh'hab also prefers the practices of the people of Medina as well as the ''Ijma'' or consensus of Muhammad's [[companions]] over ''qiyas,'' but allows ''qiyas'' as well. | ||
| Line 34: | Line 34: | ||
The most important book in the development of the formal Maliki madh'hab is Imam Malik's own collection of Hadith, ''<nowiki/>'Amal'', and fiqh commentary called the ''Muwatta''. The other key source in the Maliki tradition is the ''Mudawwana'' which was a compilation, for the most part, of the views of Imam Malik as compiled by his important students Ibn Qasim and Sahnun. In addition to the views of Imam Malik, the two compilers occasionally include their own reasoning (using Imam Malik's principles) on legal matters on which Imam Malik did not himself opine. As with the other madh'habs, the Maliki madh'hab is internally diverse. | The most important book in the development of the formal Maliki madh'hab is Imam Malik's own collection of Hadith, ''<nowiki/>'Amal'', and fiqh commentary called the ''Muwatta''. The other key source in the Maliki tradition is the ''Mudawwana'' which was a compilation, for the most part, of the views of Imam Malik as compiled by his important students Ibn Qasim and Sahnun. In addition to the views of Imam Malik, the two compilers occasionally include their own reasoning (using Imam Malik's principles) on legal matters on which Imam Malik did not himself opine. As with the other madh'habs, the Maliki madh'hab is internally diverse. | ||
''<nowiki/><nowiki/><nowiki/><nowiki/>'' | ''<nowiki/><nowiki/><nowiki/><nowiki/><nowiki/><nowiki/>'' | ||
===The Shafi'i madh'hab (Sunni)=== | ===The Shafi'i madh'hab (Sunni)=== | ||
The Shafi'i madh'hab was founded by Imam Muhammad ibn Idris al-Shafi'i (d. 820), who, after being born in Gaza, would travel to Mecca, Medina, Yemen, Cairo, and Baghdad. The Shafi'i madh'hab is adhered to in parts of Saudi Arabia, parts of Egypt, Indonesia, Malaysia, Jordan, Palestine, the Philippines, Singapore, Somalia, Thailand, Yemen, Kurdistan, and parts of India. | The Shafi'i madh'hab was founded by Imam Muhammad ibn Idris al-Shafi'i (d. 820), who, after being born in Gaza, would travel to Mecca, Medina, Yemen, Cairo, and Baghdad. The Shafi'i madh'hab is adhered to in parts of Saudi Arabia, parts of Egypt, Indonesia, Malaysia, Jordan, Palestine, the Philippines, Singapore, Somalia, Thailand, Yemen, Kurdistan, and parts of India. | ||
| Line 51: | Line 51: | ||
Of all the madh'habs, the Hanbali madh'hab at the latest time, almost 200 years after Muhammad's death, and was the most strict and uncompromising. It is also the Madh'hab that has changed most with time. In addition to allowing ''qiyas'', modern Hanbali scholars allow some sort of limited ''istislah'' or ''istihsan'' as well. | Of all the madh'habs, the Hanbali madh'hab at the latest time, almost 200 years after Muhammad's death, and was the most strict and uncompromising. It is also the Madh'hab that has changed most with time. In addition to allowing ''qiyas'', modern Hanbali scholars allow some sort of limited ''istislah'' or ''istihsan'' as well. | ||
In what can be described as a characteristic coincidence, the most famous work left behind by Imam Ahmad was his collection of hadith, the ''Musnad Imam Ahmad'', rather than his works on legal methodology. | |||
===The Ja'fari madh'hab (Shi'ite)=== | ===The Ja'fari madh'hab (Shi'ite)=== | ||
The Shi'ite Ja'fari madh'hab was founded by Imam Ja'far al-Sadiq (d. 765), the 6th Shi'ite imam, who | The Shi'ite Ja'fari madh'hab was allegedly founded by Imam Ja'far al-Sadiq (d. 765), the 6th Shi'ite imam, who was born in Medina. The Ja'fari madh'hab is adhered to today in Iran, parts of Afghanistan, parts of Pakistan, parts of Iraq, and parts of Saudi Arabia. This madh'hab is the exclusive to Twelver Shi'ites in particular. Sunni scholars and critical historians hold that the actual attribution of this legal school to Imam Ja'far is unfounded. | ||
The Ja'fari madh'hab relies far more heavily on [[Ijtihad|''Ijtihad'' (independent legal reasoning)]] rather than focusing almost entirely on the rigid methodological and scriptural constraints that characterize the four Sunni madh'habs. Beyond this generic description, the Ja'fari madh'hab is itself divided into two branches: the ''Usuli'' branch and the ''Akhbari'' branch. According to the Usuli (lit. "principle-based" or "method-based") branch, scholars of law can and should independently interpret scripture on the behalf on the "occulted" or "hidden" twelfth Shi'ite imam. This is the branch of Ja'fari fiqh endorsed by most modern Shi'ites and the state of Iran (and the ayatollahs). The Usuli branch also further distinguishes between what is described as "conventional fiqh" (which is supposed to be objective and unchanging) and "dynamic fiqh" (which is supposed to be heavily dependent on temporal realities). The other branch of Ja'fari fiqh is the Akhbari branch, which is today almost non-existent (except for a few "neo-Akhbaris" in India). This school of Ja'fari fiqh is far more rigid and methodological, and is more easily compared to the Sunni schools of law (even if the scriptures it references are different) than it is compared to the Usuli branch of Ja'fari fiqh. | |||
==References== | ==References== | ||