Sharia law is a set of principles derived from the Quran, the words and actions of Prophet Muhammad, and other sources. It is widely practised among the Muslim countries of Africa and the nations of the Middle East, and guides the personal religious practices of Muslims worldwide. While some countries have a fully Sharia-based criminal and personal law system, others have hybrid systems, in which Sharia laws inform certain parts of the legal code. The manner of its application in modern times has been a subject of dispute, with critics condemning its harsh punishments and the impact of its enforcement on women.
Characteristics of countries that apply Sharia Law
Characteristics | Values |
---|---|
Countries | Afghanistan, Bangladesh, Brunei, Egypt, Indonesia, Iran, Iraq, Malaysia, Maldives, Mauritania, Nigeria, Pakistan, Qatar, Saudi Arabia, Sudan, Syria, United Arab Emirates, Yemen |
Legal System | Mixed systems, classical Sharia systems, secular systems |
Sources of Sharia Law | Quran, sunnah (authentic hadith), qiyas (analogical reasoning), and ijma (juridical consensus) |
Sharia Law Schools | Hanafi, Maliki, Shafi'i, Hanbali and Jafari (Shia) |
Sharia Law Classifications | Farḍ (or farīḍah or fardh, sometimes wajib) (obligatory), mustahabb (recommended), mubah (permitted), makruh (disliked), haram (forbidden) |
Punishments | Stoning, lashing, amputation, crucifixion, beheading, eye-for-an-eye, blood money, diya (monetary compensation) |
Application | Family law, inheritance law, criminal law, banking, economics, personal status, marriage, divorce, child custody |
What You'll Learn
The Hanafi school of Islamic law
The Hanafi school, or Hanafism, is one of the four major schools of Islamic jurisprudence within Sunni Islam. It was established by the 8th-century scholar, jurist, and theologian Abu Hanifa (c. 699–767 CE), a follower whose legal views were primarily preserved by his two disciples, Abu Yusuf and Muhammad al-Shaybani. Hanafi is considered the oldest and most-followed of the four major Sunni schools, also called the "school of the people of opinion" (madhhab ahl al-ra'y).
The Hanafi school is regarded as the most liberal of the schools, with the strongest focus on reason and analogy. It is the largest of the four traditional Sunni schools of Islamic jurisprudence, followed by approximately 30% of Sunni Muslims worldwide. The school currently predominates in Central Asia, India, Pakistan, Turkey, and the countries of the former Ottoman Empire. It is the main school of jurisprudence in the Balkans, Turkey, Lebanon, Egypt, the Levant, Central Asia, and South Asia, in addition to parts of Russia and China.
The Hanafi school favours the use of 'istihsan', or juristic preference, a form of 'ra'y' (personal opinion) which enables jurists to opt for weaker positions if the results of 'qiyas' (analogy) lead to an undesirable outcome for the public interest ('maslaha'). Hanafi usul recognises the Quran, hadith, consensus (ijma), legal analogy (qiyas), juristic preference (istihsan), and normative customs (urf) as sources of Sharia law.
The Hanafi school is the only one of the four Sunni schools to incorporate the legal opinions of the ancient Iraqi schools of Kūfah. It developed from the teachings of the theologian Imam Abu Hanifa as spread by his disciples and became the dominant system of Islamic administration for the Abbasids and Ottomans. Under the patronage of the Abbasids, the Hanafi school flourished in Iraq and spread throughout the Islamic world, firmly establishing itself in Muslim Spain and Greater Iran, including Greater Khorasan, by the 9th century. The Turkic expansion introduced the school to the Indian subcontinent and Anatolia, and it was adopted as the chief legal school of the Ottoman and Mughal Empire.
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The Hanbali school of Islamic law
The Hanbali school, also known as Hanbalism, is one of the four major schools of Islamic jurisprudence within Sunni Islam. It is named after and based on the teachings of the 9th-century scholar, jurist, and traditionist, Ahmad ibn Hanbal (c. 780–855 CE). It is the smallest of the four schools and adheres most strictly to the traditionalist school of theology. The other three schools are Hanafi, Maliki, and Shafi'i.
The Hanbali school is deeply rooted in the traditionalist school of theology and emphasizes the authority of the Hadith (the traditions concerning the Prophet Muhammad's life and utterances) and the precedent set by the early generations of Muslims. It is highly suspicious of speculative legal reasoning and analogy and rejects their use to overrule Hadiths or go against early precedent. The school's followers, known as Hanbalis, Hanbalites, or Hanbalists, are found primarily in Saudi Arabia and Qatar, where it is the official jurisprudence. Large minorities of Hanbalis are also found in Bahrain, Syria, Oman, and Yemen, and among Iraqi and Jordanian bedouins.
The Hanbali school experienced a significant transformation with the rise of the 18th-century conservative Wahhabi movement. The movement's founder, Muhammad ibn Abd al-Wahhab, collaborated with the House of Saud to spread Hanbali teachings with a Wahhabi interpretation worldwide. While some scholars argue that Ahmad ibn Hanbal's beliefs played no significant role in establishing the central doctrines of Wahhabism, others maintain that he was the "distant progenitor of Wahhabism" and also inspired the similar Salafi movement.
Historically, the Hanbali school has been associated with Sufism, often described as the inner mystical dimension of Islam. Many early medieval Hanbali scholars were reportedly close to the Sufi martyr and saint Hallaj, and several prominent later Hanbalis, such as Ibn Taymiyyah and Ibn Qayyim al-Jawziyyah, were initiated into the Qadiriyya order of the mystic and saint Abdul Qadir Gilani. Despite this historical connection, many contemporary Hanbalis, particularly those associated with Salafi and Wahhabi movements, shun Sufism and its practices.
In the modern era, Hanbalis have shown flexibility in addressing novel issues and have even delved into matters concerning the public interest and juristic preference, which earlier Hanbalis considered anathema.
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The Ja'fari school of Islamic law
The Jafari school, also known as the Jafarite school, Jafarī fiqh, or Ja'fari jurisprudence, is a school of thought within Twelver and Ismaili Shia Islam. It is named after the sixth Imam, Ja'far al-Sadiq, and is the principal method of jurisprudence in Shi'a Islam. It is enshrined in the Iranian Constitution, shaping various aspects of governance, legislation, and the judiciary in the country.
The Jafari school is followed predominantly in Iran, Iraq, Azerbaijan, and Bahrain, with large minorities in eastern Saudi Arabia, southern Lebanon, and Afghanistan. It differs from Sunni jurisprudence in its reliance on ijtihad, as well as on matters of inheritance, religious taxes, commerce, personal status, and the allowance of temporary marriage or mut'a.
The Jafari school utilizes ijtihad by adopting reasoned argumentation in finding the laws of Islam. This means that Mujtahid, or intermediaries of the Hidden Imam, are capable of independently interpreting sacred sources and guiding the community. This school of thought emphasizes the role of Mujtahid in interpreting Islamic law in a flexible manner that accounts for changing conditions and the dynamics of the times.
The Jafari school is comparatively less well-known among students of Islamic law in the West, who tend to focus on the four Sunni schools of fiqh. However, it has been recognized as the "fifth school" of Islamic law by Azhar University and is one of the eight recognized madhhabs listed in the Amman Message of 2004 by the Jordanian monarch.
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The Maliki school of Islamic law
The Maliki school, or Malikism, is one of the four major schools of Islamic jurisprudence within Sunni Islam. It was founded by Malik ibn Anas in the 8th century and is based on the teachings of the Islamic prophet, Muhammad, and the Quran and Hadith.
The Maliki school is unique in its consideration of the consensus of the people of 7th-century Medina, where Muhammad lived, as a valid source of Islamic law. Malikis view the collective practice of the Medinans as robust evidence, given their proximity to the time and place of the Prophet. The school also places emphasis on the amal (customs and practices) of the people of Medina.
The Maliki school is one of the largest groups of Sunni Muslims and is predominantly found in North and West Africa, as well as parts of Saudi Arabia, Chad, Sudan, and some of the Persian Gulf states. It was historically found in parts of Europe under Islamic rule, including Islamic Spain and the Emirate of Sicily.
The Maliki school is most closely related to the Hanafi school, differing in degree rather than kind. However, the Maliki school does not assign as much weight to analogy and instead derives its rulings from pragmatism, using the principles of istislah (public interest) when the Quran and Hadith do not provide explicit guidance.
The Maliki school, with its deep roots in the teachings and practices of Medina, offers a unique perspective on Islamic jurisprudence and continues to guide millions of Muslims worldwide in their daily practice of Islam.
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The Shafi'i school of Islamic law
The Shafii school of Islamic law, also known as Shafi'ism, is one of the four major schools of Islamic jurisprudence within Sunni Islam. It was founded by the Muslim scholar, jurist and traditionist al-Shafi'i (c. 767-820 CE), often regarded as the "father of Muslim jurisprudence".
The Shafii school is distinguished by its emphasis on the Quran and Sunnah as the primary sources of Islamic law. It also recognises the importance of Ijma (consensus of scholars) and Qiyas (analogical reasoning) in formulating Islamic laws. This school of thought is particularly influential in Egypt, Saudi Arabia, Malaysia, Indonesia, and other regions of the Muslim world.
The fundamental principle of Shafii thought is the idea that every act performed by a believer is subject to the Revealed Law or the Sharia. This statute is either presented in the Quran or the Sunnah, or it can be inferred through analogical reasoning (Qiyas). The Shafii school assigns a hierarchy to its sources, with the Quran as the superior authority, followed by the Sunnah, the consensus of Muslim scholars, and analogy.
The Shafii school is currently predominant in parts of the Middle East and North Africa, including the Hejaz, the Levant (Palestine, Jordan, Syria, Lebanon, and Iraq), Lower Egypt, among Sunnis in Iran and Yemen, and among the Kurdish people. It is also prevalent in several regions of Eurasia, Africa, South Asia, and Southeast Asia.
The Shafii school has several sub-schools, including the Shafi'is of Medina, Egypt, and Southeast Asia, each adapting the school of thought to their respective cultural and legal contexts while remaining faithful to its fundamental principles.
Over time, the Shafii school has evolved and adapted to meet the changing needs of Muslim societies. Shafii scholars have continued to refine and develop Imam Shafi'i's teachings, taking into account new situations and contemporary challenges. This adaptability has allowed the school of thought to maintain its influence in the modern world, guiding the legal, religious, and ethical decisions of millions of Muslims worldwide.
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