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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 | 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, one of the most respected authorities 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, as followers of each school exist, for the most part, in certain geographical regions, often divided by country lines. | 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. They also had differing views on the roles of human reasoning, and local practice and custom (see [[History of Islamic Thought]]). 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== | ||
The schools of law differ primarily in the authentication and interpretive methodologies they employ to firstly determine which scriptures ([[ | The schools of law differ primarily in the authentication and interpretive methodologies they employ to firstly determine which scriptures ([[hadith]], for the most part, since the [[Qur'an]] is considered [[Textual History of the Qur'an|authentic]] by consensus) are soundly attributable to [[Muhammad]] and to secondly determine how these scriptures should be understood and reconciled with one other in such a manner as to allow the derivation of legal rulings. | ||
It should be noted that the schools of law are in themselves neither static nor homogeneous, as they have each developed and formalized a great deal since the times of their eponymous founders and consist internally of a diverse variety of opinions. As such, the schools of law are perhaps better characterized as enclosed arenas of debate wherein a common set of rules are followed. When it comes to inter-madh'hab debate, there is no common set of rules that is obliged beyond the thinly theological (such as the divinity of the Qur'an) and, as such, the topic of debate is frequently the rules themselves rather than the substantive rulings they give rise to. | It should be noted that the schools of law are in themselves neither static nor homogeneous, as they have each developed and formalized a great deal since the times of their eponymous founders and consist internally of a diverse variety of opinions. As such, the schools of law are perhaps better characterized as enclosed arenas of debate wherein a common set of rules are followed. When it comes to inter-madh'hab debate, there is no common set of rules that is obliged beyond the thinly theological (such as the divinity of the Qur'an) and, as such, the topic of debate is frequently the rules themselves rather than the substantive rulings they give rise to. | ||
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The Hanafi madh'hab was founded by Imam Abu Hanifah al-Nu'man (d. 767) in Kufa, Iraq. The Hanafi madh'hab is adhered to in the Levant, Central Asia, Afghanistan, Pakistan, India, Bangladesh, the largest part of Egypt, Iraq, Turkey, the Balkans, and by large parts of the Muslim populations of Russia and China. Large religious movements that exist within the Hanafi sphere are the Barelvi and Deobandi movements. Altogether, it is estimated that Hanafis form a plurality of Muslims world wide (roughly 30% of all Muslims). | The Hanafi madh'hab was founded by Imam Abu Hanifah al-Nu'man (d. 767) in Kufa, Iraq. The Hanafi madh'hab is adhered to in the Levant, Central Asia, Afghanistan, Pakistan, India, Bangladesh, the largest part of Egypt, Iraq, Turkey, the Balkans, and by large parts of the Muslim populations of Russia and China. Large religious movements that exist within the Hanafi sphere are the Barelvi and Deobandi movements. Altogether, it is estimated that Hanafis form a plurality of Muslims world wide (roughly 30% of all Muslims). | ||
The Hanafi madh'hab is descended from the ''Ahl al-Rai''' (the so-called "partisans of reason") of Iraq from the early Muslim community, of which Abu Hanifah was a part. As such, the interpretive methodology of the Hanafis can be broadly described as favoring reasoning over an uncritical regurgitation of scripture. In more concrete terms, this means allowing reasoning by analogy (''qiyas'') on legal/moral matters where scriptures are absent (the other madh'habs would come to adopt this concept to some degree, but the Hanafis adopted it first and arguably employ it most liberally). Another manifestation of this general preference for reasoning over, say, resorting to relying on [[Hadith | The Hanafi madh'hab is descended from the ''Ahl al-Rai''' (the so-called "partisans of reason") of Iraq from the early Muslim community, of which Abu Hanifah was a part. As such, the interpretive methodology of the Hanafis can be broadly described as favoring reasoning over an uncritical regurgitation of scripture. In more concrete terms, this means allowing reasoning by analogy (''qiyas'') on legal/moral matters where scriptures are absent (the other madh'habs would come to adopt this concept to some degree, but the Hanafis adopted it first and arguably employ it most liberally). Another manifestation of this general preference for reasoning over, say, resorting to relying on [[Hadith|weakly authenticated scripture]] (as the Hanbalis generally do), is the legal principle of ''Istihsan'', or juristic preference. ''Istihsan'' is the practice of favoring an epistemologically and methodologically weaker opinion simply for the sake of "public interest" or ''maslaha''. | ||
As with all the other madh'habs, the views of the Hanafis school changed over time, are internally diverse, and in many instances disagree today with the opinions of its founder, Abu Hanifah. The two most important transmitters of the Hanafi school are Abu Hanifah's top two students, Abu Yusuf and Muhammad al-Shaybani. | As with all the other madh'habs, the views of the Hanafis school changed over time, are internally diverse, and in many instances disagree today with the opinions of its founder, Abu Hanifah. The two most important transmitters of the Hanafi school are Abu Hanifah's top two students, Abu Yusuf and Muhammad al-Shaybani. | ||
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[[Category:Fiqh (legal theory)]] | [[Category:Fiqh (legal theory)]] | ||
[[Category:Islamic History]] | [[Category:Islamic History]] | ||
[[Category:Salaf al-Salih (Pious Predecessors)]] | |||
[[Category:Sacred history]] | |||