Likewise, saudi arabia, in conjunction with attempts to strengthen its branch of sunni islam, has denounced other sunni powers like the muslim brotherhood. Today, the five schools of islamic thought accepted by all muslims are the jafari, comprising 23% of the muslims. This article summarizes the different branches and schools in islam. In sunni sect, there are four major schools of muslim law which are as follows a. He is enrolled with the bar council of karnataka in 1998.
Islamic jurisprudence 10 muslim law 37 some readings in islamic jurisprudence 58. Shia school imam jafar as sadik, the sixth imam of imamias founded the shia school and hence, the shia school is earlier than the sunni school. What is the difference between shia and sunni schools of. Abu hanifa annumanibnthabit, commonly known as imam abu hanifa, the founder of most important of the sunni sects was born in the year 80 a. Difference between shia and sunni law of marriage and divorce. Male lines inherit, unless fixed shares vary that result. Difference between shia and sunni schools muslim law youtube. The majority of the worlds muslim population follows the sunni branch of islam, and approximately 1015% of all muslims follow the shiite shiite, shia, shia branch. The three importance schools of law among shia are isna ashari, ismaili and zaidy. Waqf is very unique and beneficial for poverty alleviation programmes. The chart below gives a clear picture of the different schools of muslim law. Hussein led a majority shia army against a shia state in the iraniraq war. Islams sharia law is cast from the words of muhammad, called hadith, his actions, called sunnah, and the quran, which he dictated.
After a period of time, three distinguished scholars categorized these 400 usul in four books which are the main sources of hadith for the shia school of thought. For example, if the legator was a shia muslim at the time he wrote the will, then only wills shia law is enforceable. The basis on which all schools of islamic jurisprudence developed their doctrines. A variety of reasons are given for one preference over another.
Development of islamic law introduction islam means submission to the will of god and establishment of peace. Difference of religion a non muslim could not inherit from a muslim but the caste disabilities removal act of 1850 does away in india with the exclusion of a non muslim from the inheritance of the property. As far as shia or sunni male is concerned, i dont think they find any difficulty by marrying with a sunni or shia girl, respectively. The four schools of law in islam understanding islam. The legal status of the muslim women 1 in bangladesh is defined by the principles of sharia through muslim personal law along with the general law which is.
A father has no power to appoint any person as guardian for marriage by his will. Where a deceased muslim has no legal heir under muslim law, his properties are inherited by government through the process of escheat. It is further divided into two branches, the usuli school, which favors the exercise of ijtihad, and the akhbari school, which holds the traditions a. This school of the sunni muslims is named after its founder abu hanifa and is the most popular school of muslim law. The best known split, into sunni islam, shia islam, and kharijites, was mainly. Marriage, in india, is a social need through which families are created. The sunni muslims recognise the four caliphs as rightly. We believe shia muslim as religion should be recognized in every country and any discrimination should be brought to light. Sunnis and shias are the two main sects of islam and both of these sects have their own schools. Also known as islamic law, the law of islam, sharia or sharia law or even shia law. These laws relate to religious worship, prohibitions, and all contracts and obligations that arise in social life such as inheritance, marriage, divorce, punishments, conduct of war and the administration of the state. However, under shia law, a marriage between a muslim male and a nonmuslim female is unlawful and void. Jan 24, 2012 the shia movement dates from the period when a group of muslims wanted ali ibn abu talib, the cousin and sonin law of the prophet, to become the khalifa instead of abu bakr, who had been elected the first khalifa following the death of muhammad in 632. They enjoy the political power only in iran though they dont have the majority in that state also.
Today in this video,i have covered the schools of muslim law. Schools of muslim law imam abu hanifa was the founder of hanafi school 8 0 a. Thus, the school definitively established the quran, the traditions of the prophet, ijma and qiyas as the basis of islamic law. In muslim law, quran is the basis of the law relating to guardianship and therefore there is very little room for differences between shia and sunnis. The city of koofa in iraq was then the capital khilafath. Science temple, the nation of islam, and the american society of muslims pdf.
Before the advent of islam in arabia, the arabians were following various superstitions and continue reading class notes on family. In england, the muslim arbitration tribunal makes use of sharia family law to settle disputes, though this limited adoption of sharia is controversial. This project will portray the meaning and essential elements of a valid waqf, evolution of the concept of waqf and various kinds of waqf under muslim law. There are two main schools in muslim law,there are two main schools in.
In this project conseqences of waqf will be dealt and the powers which a mutawali enjoys. The islamic law of inheritance is a combination of the preislamic customs and the rules introduced by the prophet. The personal laws play a vital role in governing the conflicting interest of the individuals. He has specialization in bail, cheque dishonour cases, civil and land matters.
Male lines of descent and ascent favored over female lines. There are four important schools of law among sunni. Pdf sunni and shia laws of inheritance are different in their foundational. After the sunnis, the shias consist of the next largest group of muslims in india.
The source of the sharia is the koran and the sunna found in the sira and the hadith. The shia movement dates from the period when a group of muslims wanted ali ibn abu talib, the cousin and soninlaw of the prophet, to become the khalifa instead of abu bakr, who had been elected the first khalifa following the death of muhammad in 632. However, islamic law is based on a mans duties or obligations rather than his rights. These two sects formed two major schools of the muslim law.
Besides these four schools, there had been certain other personal schools of the sunni muslims. Pdf laws of muslim marriage from the concept of the holy. A comparative survey by andrea buchler and christina schlatter 39 islamic scholar and imam jafar ibn muhammad alsadiq. Shiite populations constitute a majority in iran, iraq, bahrain, and azerbaijan. The five schools of islamic thought inquiries about shia.
Although there are differences of opinions amongst these. After the death of fourth imam, zaynul abidin, one faction of the shias. The legal status of the muslim women 1 in bangladesh is defined by the principles of sharia through muslim personal law along with the general law which is nonreligious and secular in its. It is the duty of every muslim to obey the laws of allah, the 2 sharia law for nonmuslims. As a legal system, the sharia law is exceptionally broad. Schools of muslim lawschools of muslim law difference of opinion among my communitydifference of opinion among my community is a sign of the bounty of allahis a sign of the bounty of allah prophet muhammad. Shi a islam also called shiite, or shii is the second largest division of islam, constituting about 1015% of all muslims. This article entitled succession under muslim law, which outlines the law relating to both testate and intestate succession applicable to the muslims of sri lanka, came out of an attempt made by its author, justice saleem marsoof, pc in the late. The major shia school of jurisprudence is the jafari or imami school. Schools of muslim law history, their difference, practice obtainable. Islam, unlike other religions is a strong advocate of marriage.
In many countries where an official secular legal system exists alongside the sharia law, the majority of their muslim citizens favor making sharia the official law. The laws of the united states are temporary, limited and will pass away. The ibadi legal school, distinct from sunni and shia madhhabs, is predominant. Muslim law is a religious law, and it applies to a person, who is muslim either by birth or by proselytization. A sunni muslim can marry not only a muslim woman, but also a kitabia i. He first studied scholaristic divinity, but soon abandoned i t in favour of jurisprudence. Hence, they are eligible to inherit an estate either as a sharer or a residuary. Some muslim jurists insist that the proper term is islamic law and others defer to the term of muslim law or sharia. The islamic legal code is called sharia also shariah, meaning the way. In india, the muslim personal law shariat application act provides for the use of islamic law for muslims in several areas, mainly related to family law. Introduction to islamic law contents page course information. The wakif also has the power to lay down the rules to appoint a. The sharia law itself cannot be altered but its interpretation, called fiqh, by muftis islamic jurists is given some latitude.
However, a third school, which is a minority sect exists. According to this school, they considered ijmaa as the important source of the muslim law and provide validity to the customs of the islamic people and follows more methods of hanafi school. These schools are based on the following of ithnaashari laws. Muslim law had its origin in arabia, where the prophet mohammed started it and the mohammedan invaders in india brought the religion to india. A madhhab is a school of thought within fiqh islamic jurisprudence. Like other religions in india, islam is also a strong advocate of marriage. God has given us all the freedom of religion and the rights to live in peace.
Islamic law is perfect, universal and eternal since it is based on the koran the words of allah and mohammeds words and deeds. The five schools of islamic thought inquiries about shi. Jurisprudence and law islam reorienting the veil, university of north carolina 2009. Pdf laws of muslim marriage from the concept of the holy quran. Mar 22, 2018 shia school imam jafar as sadik, the sixth imam of imamias founded the shia school and hence, the shia school is earlier than the sunni school. Sunnishia conflicts have unfortunately occurred in various parts of the arab and muslim world, and pakistan is not immune to such conflict.
This property can be movable or immovable and ancestral or selfacquired. The will shall be regulated by the rules of that school of muslim law of which the legator was a member at the time the will was executed. Its name comes from the word sunnah, referring to the behaviour of the islamic prophet muhammad. Since islam is primarily a political system, it would only make sense that it has a legal code. As im married to a shia girl, therefore, im eligible to answer it. Also, the will is governed by the rules of that school of muslim law to which the legator belonged at the time of execution of the will. One of the most essential part of a valid marriage that the parties are competent to enter into marriage contract, i. Before the advent of islam in arabia, the arabians were following various superstitions and continue. In the name of allah, most gracious, most merciful islaamic sharia law based on quraan, sunnah and ijtihaad. The shia muslims, on the other hand, believe that the successor to the leadership of the muslim community both in spiritual and temporal matters was the prophets cousin and sonin law, ali, and that this leadership was to continue thereafter by heredity through ali in the prophets family. For example, while egypts military blocked the muslim brotherhood s efforts in this direction in 20, 74% of egypts muslims still favor it. Since the sunni muslims and shia muslims do not agree on which hadith to use, they have. In addition to these, hanafi accepted local customs as a secondary source of the law.
According to them, the imam is the final interpreter of the law. Shia sect is considered as the minority in the muslim world. Under the muslim law, a valid marriage is that which has been constituted in accordance with the essential conditioned prescribed earlier. Difference of religion a nonmuslim could not inherit from a muslim but the caste disabilities removal act of 1850 does away in india with the exclusion of a nonmuslim from the inheritance of the property. Most shia muslims follow the jafari school of thought. Jun 05, 2018 where a deceased muslim has no legal heir under muslim law, his properties are inherited by government through the process of escheat.
While most literature attributes the development of shia praxis to the persian. Also, families, in our society are the fundamental entities. Thus, understanding the historic roots of the shiasunni divide provide some explanations for reasons of conflict. After the death of jafar, the sixth imam, majority of the shias followed musa kazim. Sunni school and shia school here i have particularly explained the types of. It is said that there is no celibacy in a muslim marriage. The holy quran, tradition and ijtihad are the three main sources of islamic law which govern and regulate all aspects of a muslim s public and private life. Pdf succession under muslim law saleem marsoof academia. Concept of marriage in muslim law legal service india. The word islam means total surrender of oneself to god and its follower i. Whatever is left after the death of a muslim is his heritable property. Nov 21, 2012 development of islamic law introduction islam means submission to the will of god and establishment of peace. He graduated in law in the year 1995 from law college bangalore. This school is the motazila sectschool of muslim law.
Shia inheritance law sunni law follows principles of preislamic custom, changing those rules as specified in the quran and by the prophet. For example, if the legator was a shia muslim at the time when he wrote the will, only shia law of will is made applicable. Shia law deduces principles from quranic amendments and. A sunni muslim cannot marry his wifes aunt or his wifes niece on the ground of unlawful conjunction.