Sharia - law schools Flashcards
In which countries is the Hanafi school followed?
Syria, Jordan, Iraq
What sources of authority do Hanafi use?
The Qur’an, Sunna and Hadith, Qiyas and ijtihad. Juristic discretion - the opinion of one legal scholar. Ijma.
How do Hanafi follow the Ijma in practice?
Only the scholarly consensus of qualified legal generation was acceptable but in practice they accept the local consensus of a small group of scholars.
In what countries is the Maliki school followed?
Egypt, North Africa - not popular in Medina where it originate.
What sources of authority do the Maliki school use?
Qur’an, Hadith and Sunna. Custom. Istislah.
What is meant by custom?
Cites reports given by Companions and important Muslim followers in Medina at the time of the Prophet. For him Ijma was the will of the people in Medina not the consensus of the legal authorities of a given generation.
What is meant by Istislah?
Taking into account the public interest. New laws could be introduced with no basis in the Qur’an or the Sunnah. Have to bring about benefit and prevent harm and be consistent with Shari’a.
Where is the Shafi’i school followed?
Malaysia, Indonesia
What sources of authority do the Shafi’i school follow?
The Qur’an. Sunna as enshrined in the Hadith. Ijma - consensus of the whole of the Muslim community for Shafi’i. Qiyas. Ijtihad. Rejected Istislah
Where is the Hanbalite Law school followed?
Wahhabi sect of Saudi Arabia. Qatar.
What sources of authority did the Hanbalite school use?
Qur’an, Sunna and the Hadith. Legal rulings of the companions. Sayings of individual companions. Prophetic traditions with weak chains of transmission. Analogical reasoning and Ijtihad, but only when necessary.
What does Turner say about Sharia?
From a Non-Muslim perspective, the Sharia is made up mostly of human law. The Shari’s refers to the laws that men and women use to regulate their lives.
How do traditionalist Muslims view Sharia? Give Turner’s quote.
It is made up of a hybrid of Qur’anic precepts, moral and social codes that come from the Sunna - Turner: “law abstracted by Muslims from a Mixture of divine and human sources”
