Shia and Sunni Division

Following the demise of the Prophet, contention arose over the method of selecting his successor. One faction advocated for an electoral process, thus forming the Sunni sect. Abu Bakr assumed the mantle of the first Caliph through election, leading the Muslim community. The Sunni sect justifies this method citing the Prophet's purported inclination towards election-based succession.

Conversely, proponents of succession, including Fatima, the Prophet's daughter, advocated for a hereditary succession model, giving rise to the Shia sect. This group affirmed Ali, the Prophet's son-in-law, as the inaugural Imam.

Schools under Muslim Law

Islamic jurisprudence is dichotomized into two major sects, each espousing distinctive viewpoint on various aspects of Islam. Consequently, the schools of Muslim law are broadly categorized into:

• Sunni Schools.
• Shia Schools.

I. Sunni Schools

Within the Sunni sect, four distinct schools of Muslim law exist, each rooted in similar principles yet diverging on minor nuances. These schools draw from four primary sources of Muslim law: the Quran, Ijma, Sunna, and Qiyas. Discrepancies among these schools stem from variations in the reliance placed upon these sources, although all schools acknowledge the significance of each.

a) Hanafi School

The Hanafi School stands as the foremost and most prevalent within Muslim law. Originally known as the Koofa School, based on the city of Koofa in Iraq, it later assumed the name Hanafi in honor of its founder, Abu Hanafee. Given the Prophet's prohibition against recording his words and traditions, the Hanafi School derived its principles from the customs and decisions prevailing within the Muslim community. This led to the codification of prevalent precedents.

The founding scholar, Abu Hanafee, left no written record of the school's principles, and its evolution was shaped by his disciples, Imam Muhammed and Imam Abu Yousuf. Both contributed to juristic preferences (Isthi Hasan) and codified contemporary Ijmas.

The Hanafi School gained widespread acceptance across diverse regions, particularly in countries such as India, Pakistan, Syria, and Turkey. In India, where Hanafi adherents constitute the majority, courts default to Hanafi jurisprudence in cases involving Sunni Muslims unless otherwise specified.

The authoritative text within the Hanafi School is the Hedaya, compiled over 13 years by Ali bin Abu Baker al Marghinani. This comprehensive work covers various legal aspects except for inheritance law. Attempts at translating the Hedaya into English were undertaken by Lord Warren Hastings, who engaged multiple Muslim scholars for the task.

Additionally, the Sirajiyya serves as the authoritative text on Hanafi Law of Inheritance, authored by Sheikh Sirajddin, with the first English translation completed by Sir William Jones.

Under Hanafi jurisprudence, children are obligated to support their parents, with provisions allowing parents to seek maintenance from their offspring in times of need. Notably, maternal claims hold precedence over paternal ones in matters of maintenance.

Custody of children under the Hanafi School favors maternal guardianship for sons until the age of 7 and daughters until puberty. Subsequently, paternal guardianship supersedes maternal authority.

In the legal case of Abdul Kalam v. Akhtari Bibi (1987), concerning the custody of a minor son, the Orissa High Court ruled in favor of the mother under Section 25 of the Guardians and Wards Act, 1890, affirming the applicability of the Act to Muslim children.

Regarding the legitimacy of children, both Sunni and Shia schools establish specific timeframes post-marital dissolution within which children are deemed legitimate. Within the Hanafi School, legitimacy is conferred upon children born within two years of marriage dissolution.

b) Maliki School

The Maliki School derives its name from Malik bin Anas, the renowned Mufti of Medina during his era. While the Hanafi School flourished under Imam Abu Haneefa and his disciples in Kufa, Malik bin Anas discovered approximately 8000 traditions of the Prophet but codified only about 2000 of them. His disciples then codified their legal framework based on Ijma’a and Istihsan.

The Maliki School prioritizes Sunna and Hadith, unlike the Hanafi School, which emphasizes the role of people and Istihsan. It tends to be less inclined towards Ijma’a. Notably, individuals who issued Fatwas challenging the sovereign authority of the Caliph encountered opposition and lacked support from Muslim governments, hindering the widespread acceptance of the Maliki School.

Although this school has minimal presence in India, certain provisions of its laws were considered when the Dissolution of Muslim Marriage Act, 1939 was introduced. Notably, the Maliki School affords more rights to women compared to other schools. For instance, while under Hanafi law, a woman must wait seven years for dissolution of marriage if she receives no news of her husband, under Maliki law, the waiting period is two years.

The Muwatta of Imam Malik stands as the preeminent text of the Maliki School, recognized as the first book written on Hadith in Islam and holding authority over Muslims worldwide. Unlike the Hanafi School, the Maliki School prioritizes traditions as the paramount source of law, emphasizing that legal principles should be rooted in tradition.

Imam Malik bin Anas, renowned for his mastery of Sunna or traditions, served as both a lecturer and jurist. He and other proponents of this school served as judges, addressing the daily legal matters of the people, thereby prioritizing practicality in law. Imam Malik's legal interpretations relied on traditions and the Prophet's practices, with an emphasis on public welfare, known as muslahat.

Legitimacy of Child

Under the Maliki School, a child born after the dissolution of marriage is deemed legitimate if born within four years of the dissolution. Notably, Section 112 of the Indian Evidence Act, 1872 addresses the legitimacy of such children. According to this act, a child is considered legitimate if born within 280 days of the dissolution of marriage, provided the mother is unmarried at the time of birth. Thus, while a child may not meet the criteria under the Evidence Act, they may still be recognized as legitimate under Maliki law.

c) Shafi'i School

The Shafi'i School, named after Muhammad bin Idris al-Shafi'i (767 AD - 820 AD), emerged from his studies under Imam Malik in Medina, followed by collaboration with disciples of Imam Abu Hanifa in Kufa. Al-Shafi'i harmonized ideas and theories from both the Hanafi and Maliki Schools, establishing the classical theory of Shafi'i Islamic Jurisprudence.

This school accords significance to Ijma’a as a vital source of Muslim law, validates Islamic customs, and adopts methods akin to the Hanafi School. Its primary contribution lies in the formulation of Qiyas or Analogy.

Al-Risala by Imam al-Shafi'i stands as the sole authoritative text of Shafi'i Islamic Jurisprudence, covering Ijma’a (Consensus), Qiyas (Analogy), Ijtihad (Personal reasoning), Istihsan (Juristic preference), and Ikhtilaf (Disagreement) in separate chapters. Al-Umm serves as the authority on Fiqh (science of way of life).

Followers of the Shafi'i School are prevalent in Egypt, Southern Arabia, Southeast Asia, Indonesia, and Malaysia.

d) Hanbali School

The Hanbali School, founded by Ahmad bin Hanbal in 241 AH (AD 855), elevates the status of Hadith and strongly opposes the methods of Ijtihad. Ahmad bin Hanbal prioritized tracing the origins of Sunna and Hadith to find answers to legal questions, advocating a return to the practices of the Prophet.

Imam Ahmad bin Hanbal, hailed as the successor of Imam al-Shafi'i, maintained a rigid traditionalist stance, emphasizing the importance of traditions above other sources. Despite his strict adherence to traditions, he adopted a liberal approach to their interpretation.

II. Shia Schools

Within the Shia Sect, there exist three distinct schools of law. Despite being a minority within the Muslim community, Shia adherents wield political power primarily in Iran, although they lack majority representation even in that state.

a) Ithna-Asharis

The Ithna-Asharis School, also known as Twelver Shia, predominates among Shia Muslims. Followers of this school, largely concentrated in Iraq, Iran, and India, adhere to the principles laid down by Ithna-Ashari law. They are characterized as politically passive. Notably, the Ja'fari fiqh followed by these adherents often shares similarities with one or more of the four Sunni madhahib, except in cases where mutah, temporary marriage, is considered lawful. Devotees of this school anticipate the return of the final Imam, Mahdi, as the Messiah.

b) The Ismailis

The Ismaili School exhibits a division between the Khojas, or Western Ismailis, who follow the Aga Khan as their 49th Imam, and the Bohras. This division extends to the Daudis and Sulaymanis within the Bohra community. Followers of this school, prominent among the Bohras and Khojas in Mumbai, are regarded as possessing specialized knowledge of religious doctrine.

c) Zaidi

The Zaidi School, predominantly located in South Arabia with negligible presence in India, represents the most influential sect within Yemen. Followers of this school are characterized by their political activism and often reject the philosophical tenets of Twelver Shia.

Other Schools

Apart from the Shia and Sunni sects, several other schools exist:

• Ibadi School

The Ibadi School, not aligned with either Shia or Sunni sects, traces its origins to the era of the fourth Caliph, Ali. Prioritizing the Quran over the Sunna, this school maintains a presence primarily in Oman. A noteworthy aspect of Ibadi jurisprudence is its emphasis on Ijtihad (personal reasoning), a concept partially embraced by Sunnis and wholly rejected by Shias.

• Ahmadiya School

The Ahmadiya School, a relatively recent development, claims affiliation with Islam but diverges significantly from mainstream beliefs. Founded by Mirza Ghulam Ahmad in the 19th century, its followers, known as Ahmadis or Qadianis, reject Prophet Muhammad as the final prophet. Despite their claims, mainstream Muslim governments refuse to recognize Ahmadis as Muslims due to their beliefs contradicting fundamental Islamic doctrines.

In essence, while Muslim law finds its basis in the Quran and the teachings of Prophet Muhammad, interpretations of these teachings vary among different schools. While Shia and Sunni sects represent the primary divisions, further fragmentation occurs within these sects, each with its own distinct beliefs and practices. Despite this diversity, all schools ultimately lead to the same destination, akin to different paths converging towards a common goal.

Differences among the Schools of Muslim Law in India

The various schools of Muslim law in India, while sharing fundamental principles, exhibit notable differences, particularly in the following aspects:

i. Sources of Law: Each school in India draws upon distinct sources of law. The Hanafi school, being predominant, incorporates analogical reasoning (Qiyas) and juristic consensus (Ijma) alongside the Qur’an and Sunnah. In contrast, the Maliki school places a significant emphasis on local customs and practices (Urf) in addition to the Qur’an and Sunnah. The Shafi’i school adheres strictly to the Qur’an and Sunnah with limited scope for reinterpretation.

ii. Interpretation and Adaptability: The schools vary in their approach to interpretation and adaptability. The Hanafi school is characterized by its flexibility, allowing for interpretations influenced by evolving social norms and customs. Similarly, the Maliki school considers regional customs, permitting some adaptability. Conversely, the Shafi’i school is perceived as rigid, adhering closely to the literal interpretation of the Qur’an and Sunnah without much room for reinterpretation or adaptation.

iii. Application and Popularity: There are disparities in the application and popularity of these schools across different regions and communities in India. The Hanafi school enjoys the widest adherence, with a substantial majority of Indian Muslims following its tenets. The Maliki school, although followed by a minority, maintains influence in specific regions. The Shafi’i school also commands a notable following, particularly in South India and certain coastal areas.