Islamic Jurisprudence (Fiqh): Schools and Methodology

Islamic Jurisprudence (Fiqh)

Definition

Fiqh literally means "understanding." It is knowledge of practical rules derived from their detailed sources. It is not the same as Sharia (revealed divine law) but the human effort to understand and apply it.

The Four Sources of Fiqh

1. Quran: the primary source, God's word
2. Sunnah: the Prophet's tradition (sayings, actions, approvals)
3. Ijma: scholarly consensus
4. Qiyas: legal analogy

Sunni Schools (Madhahib)

Hanafi (founder: Abu Hanifa, d. 767 CE)

• Greater use of reasoning (ray)
• Predominant in Turkey, India, Pakistan, Balkans, Central Asia
• Largest school (~45% of Sunnis)

Maliki (founder: Malik ibn Anas, d. 795 CE)

• Emphasis on the practice of Medina (amal al-Madinah)
• Predominant in North and West Africa

Shafii (founder: Muhammad ibn Idris al-Shafii, d. 820 CE)

• Systematized legal methodology (usul al-fiqh)
• Predominant in Indonesia, Malaysia, Yemen, Somalia, East Africa

Hanbali (founder: Ahmad ibn Hanbal, d. 855 CE)

• Emphasis on hadith, less use of analogy
• Predominant in Saudi Arabia, Qatar, UAE

Shia Schools

• Jafari (Imam Jafar al-Sadiq, d. 765 CE): main Shia school. Includes the Imam's authority as additional source. Predominant in Iran, Iraq, Lebanon, Bahrain, Azerbaijan

Main Differences Between Schools

• Hand position in prayer
• Whether wudu breaks by touching a woman
• Zakat calculation
• Marriage and divorce rules

Ijtihad

Independent reasoning to derive rules. The doors of ijtihad are not considered closed, but modern scholars must have solid training in Islamic sciences. Taqlid (following a school) is accepted for the average Muslim.