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Everything About Shariah Law

Everything About The Shariah Law M. Alashari/Mohammad M Rahman

Article · December 2020

Contents
CITATION READS
What is Sharia Law? ...................................................................................................................................... 2
1 72,839
Sources of Sharia Law ................................................................................................................................... 3
1 author:
The Quran ................................................................................................................................................. 3
Mohammad Mushfequr Rahman
Northumbria University The Sunnah ............................................................................................................................................... 4
59 PUBLICATIONS 89 CITATIONS
Ijma' (Consensus) ...................................................................................................................................... 4
SEE PROFILE
Qiyas (Analogy) ......................................................................................................................................... 4
Interpreting The Sharia Law .......................................................................................................................... 5
General Process ........................................................................................................................................ 5
Arabic grammar ........................................................................................................................................ 5
Sarf and Nahw ....................................................................................................................................... 5
Balagha .................................................................................................................................................. 5
Arabic mantiq............................................................................................................................................ 5
The Maxims of Islamic Law ....................................................................................................................... 6
The five great legal maxims .................................................................................................................. 6
Men of Sharia Law ........................................................................................................................................ 9
Mujtahid.................................................................................................................................................... 9
Mufti ......................................................................................................................................................... 9
Qadi ........................................................................................................................................................... 9
Hakim ........................................................................................................................................................ 9
What is Fiqh? ................................................................................................................................................ 9
Discussion on Sharia Rulings ....................................................................................................................... 10
Hukm ....................................................................................................................................................... 10
Taklif/Mukallaf ........................................................................................................................................ 10
Legal Rulings/Hukm Taklifi ...................................................................................................................... 10
Philosophy of Islamic Legal Ruling .......................................................................................................... 11
Are Non-Muslims Bound by Islamic Law? ............................................................................................... 12
Legal Features/Hukmu Wadi................................................................................................................... 13
Obligation to Rule by Sharia Law ................................................................................................................ 13
Kufr Akbar ............................................................................................................................................... 14

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 Stubbornness and Arrogance.............................................................................................................. 14 prescribed for them and what He has explained to them of commands and prohibitions, halaal and
haraam.
Sharia is Optional ................................................................................................................................ 14
Considering Sharia Law equal to Secular Law Absolutely or Particularly ........................................... 15
Denies Right of Allah and His Prophet (Sharia Law) to Rule ............................................................... 15 Whoever follows the Sharia Law of Allah, regarding as permissible (halaal) that which He has permitted
and regarding as forbidden (haraam) that which He has prohibited, will triumph. Whoever goes against
Kufr Asghar.............................................................................................................................................. 15 the Sharia Law (laws) of Allah has exposed himself to divine vengeance, wrath and punishment.
Examples of Kufr Akbar ........................................................................................................................... 15
Example of Kufr Asghar ........................................................................................................................... 15 Allah, may He be exalted, says (interpretation of the meaning):
The Message and Goal of Sharia Law ......................................................................................................... 16
What is Madhab/Mazhab ........................................................................................................................... 16 “Then We put you, [O Muhammad], on an ordained way [Sharia Law] concerning the matter [of
The Legal Schools of Islam .......................................................................................................................... 18 religion]; so follow it and do not follow the inclinations of those who do not know”
Jafari ........................................................................................................................................................ 18
[Quran 45:18].
Hanafi ...................................................................................................................................................... 20
Sharia law is disciplines and principles that govern the behavior of a Muslim individual towards his or
Shafi ........................................................................................................................................................ 21
herself, family, neighbors, community, city, nation and the Muslim polity as a whole, the Ummah (global
Maliki....................................................................................................................................................... 22 Muslim community) and everyone under Islam’s jurisdiction. Similarly, Shariah governs the interactions
Hanbali .................................................................................................................................................... 23 between communities, groups and social and economic organizations. Shariah establishes the criteria by
which all social actions are classified, categorized and administered within the overall governance of the
What is Taqleed .......................................................................................................................................... 24 state.
Necessity of Taqleed ............................................................................................................................... 24
Shariah conceives of the earth as a single ‘city’ with diverse inhabitants—in modern parlance, a ‘global
Sharia Law in the 21st Century .................................................................................................................... 25 village.’
Reference .................................................................................................................................................... 25
In a land there can only thus be one system which defines best how to protect these interests. This
system can be called as the constitution, parliament, the whole legal apparatus. In Islamic state or
Read with republic, the system is the Shariah law. Shariah law has two aspects: Spiritual aspect and the practical
aspect. To elaborate these two types Shariah law has the following essential categories: adab (behavior,
https://www.researchgate.net/publication/355793130_Political_and_Legal_System_of_Islam morals and manners), ibadah (ritual worship), i’tiqadat (beliefs), mu’amalat (transactions and contracts)
and ‘uqubat (punishments).
OR

https://www.academia.edu/60559324/Political_and_Legal_System_of_Islam The spiritual aspect essentially is the Islamic faith and worship which are purely for Muslims to observe
(ibadah and I’tiqad). The practical aspect however transcends everyone under the Islamic jurisdiction.
Quran 2:256 and Quran 5:44/45 proves the two assertions.
What is Sharia Law?
Sources of Sharia Law
In linguistic terms, Sharia Law refers to a water source, which is the source to which people who want to
drink come, so they drink from it and fill their buckets, and perhaps bring their animals to drink from it
The Quran
as well. The Arabs do not call a water source Sharia Law unless the water is flowing without interruption
and is visible and can be seen. Lisaan al-‘Arab (8/175).
Muslims believe the Quran to be the direct words of Allah, as revealed to and transmitted by
the Prophet Muhammad. All sources of Islamic law must be in essential agreement with the Quran, the
In shar‘i/legal terminology, Sharia Law refers to the entire religion (Islam), which Allah has chosen for His most fundamental source of Islamic knowledge. The Quran is therefore regarded as the definitive
servants to bring them forth thereby from the depths of darkness into the light. It is what He has
authority on matters of Islamic law and practice. It is only when the Quran itself does not speak directly Interpreting The Sharia Law
to or in detail about a certain subject, that Muslims turn to alternative sources of Islamic law.

The Sunnah Sharia Law is deduced by using Usul al-fiqh/Usool al-fiqh. Usool al-fiqh is knowledge of shar‘i (legal)
evidence and the way in which that evidence is interpreted in order to reach a ruling, in general terms or
The Sunnah is a collection of writings documenting the traditions or known practices of the Prophet in detail. (Sharh Mukhtasar ar-Rawdah 1/106). It is the body of principles and investigative
Muhammad and His family (Ahl Bayt), many of which have been recorded in the volumes methodologies through which practical legal rules are developed from the foundational sources Quran
of Hadith literature. The resources include many things that he said, did, or agreed to—mostly based on and Sunnah.
his life and practice based entirely on the words and principles of the Quran. During his lifetime, the
Prophet's family and companions observed him and shared with others exactly what they had seen in In Islamic legal terminology interpreting of Shari Law means ijtihad which is “the process of deriving the
his words and behaviors—in other words, how he performed ablutions, how he prayed, and how he laws of the shari'ah from its sources.” The person who interprets the Sharia law is called Mujtahid.
performed many other acts of worship.

It was also common for people to ask the Prophet directly for legal rulings on various matters. When he General Process
passed judgment on such matters, all of these details were recorded, and they were used for reference When analyzing the sources jurists consider the following
in future legal rulings. Many issues concerning personal conduct, community and family relations,
1. Consideration of letters and wordings in divine texts
political matters, etc. were addressed during the time of the Prophet, decided by him, and recorded.
2. Consideration of intent and purpose in divine texts
The Sunnah can thus serve to clarify details of what is stated generally in the Quran, making its laws
applicable to real-life situations. 3. Consideration of textual connectivity and context (not historical context)
4. Consideration of historical context as supportive and secondary. This includes the activities,
Hadith is classified as authentic, weak and fabricated. practices and custom of the common people.
5. Consideration of accuracy and authority of texts. This can apply to abrogation and Hadith.
Ijma' (Consensus) 6. Consideration of textual conflict.

The first three literally includes mantiq (logic), legal maxims and Arabic grammar.
In situations when Muslims have not been able to find a specific legal ruling in the Quran or Sunnah, the
consensus of the community is sought. This community can be the legal scholars of Islam or the Ummah Arabic grammar
(Muslim community) in general. Most Sunni scholars consider consensus binding; others, including Shii
scholars, say such consensus is impossible.
Sarf and Nahw
Qiyas (Analogy)
It is usually divided into two major parts: sarf or tasrif, the conjugation of verbs, and nahw or irab,
In cases when something needs a legal ruling but has not ever been clearly addressed in the other
modulations of words and declensions. The Baghdad and Basra schools of grammar are well known for
sources, judges may use the analogy, reasoning, and legal precedent to decide new case law. This is
often the case when a general principle can be applied to new situations. For example, when recent their differences concerning Arabic syntax, semantics, and philosophy of language.
scientific evidence showed that tobacco smoking is hazardous to human health, Islamic authorities Balagha
deduced that the Prophet Mohammad's words "Do not harm yourselves or others" could only indicate
that smoking should be forbidden.
Or Ilm al-bayan (the art or science of eloquence) is a branch of Arabic rhetoric dealing with metaphorical
In addition to these basic sources, several presumptions and principles aid the jurist in deriving language, connecting idea and verbal expression or writing, and interpreting knowledge, and is close to
interpretive rules: preference (istihsan), unregulated interest (maslahah mursalah), and the balagha, eloquence. Based on the sanctity of Arabic as the Quranic language, the Quran is sometimes
presumption of continuity (istishab) and legal maxims (qawa’id). This field is also concerned with called al-Bayan, the ultimate manifestation.
hermeneutic and deductive principles.

Arabic mantiq
In the Quran, mantiq is described as a means for justification and the expression of truth, hence
connected with the ancient Greek logos. For Ibn Sina (d. 1037 ), it designated rules for passing from the
The second legal maxim: certainty is not removed by doubt
known to the unknown in the acquisition of knowledge. Was extended to an intuitive or speculative
arrival at the truth and then adapted to the mystical illuminationist philosophy (hikmet al-ishraq). Some
grammarians (ninth century onward) highlighted logic's dependence on its linguistic or civilizational Evidence for this lies in the hadith, “Let not any of you break their prayer [to go ablute] unless he hears a
contexts, a view later held by the famous western philosopher Ludwig Wittgenstein sound or passes wind.” That is, in the case when one is certain he performed ablutions, but then
doubted whether he broke those ablutions (by passing wind or the like), then he should cleave to his
certainty (i.e., that he remains ritually pure) and dispel himself of his doubts (i.e., that he broke his
The Maxims of Islamic Law ablutions). The inverse case likewise obtains.

Islamic legal maxims are rooted in Islamic texts in Quran and Sunnah. These have been deduced and
Secondary principles derived from this maxim:
extracted by jurists over a long period of time either knowingly or unknowingly. These were established
after representatives of all schools of thought regarding Muslim Jurisprudence came together to reach a 1- the presumption that a thing remains as it was originally (unless definitely altered)
consensus. Legal maxims are general rules of fiqh, which can be applied in various cases that come
under the common rulings. Legal maxims are theoretical abstractions, usually in the form of short 2- the presumption of innocence
descriptive statements that are expressive, often in a few words, of the goals and objectives of Sharia 3- the presumption that what is established with certainty is not altered except with certainty
Law. These maxims are used to clarify and elaborate Islamic legal texts to new situations. They do not
contradict the texts but rather broaden and simplify them. 4- the presumption to regard qualities and things depending on whether they are accidental or
essential
The Codification of these maxims, known as the Mejelle, disseminated the jurisprudential maxims, and
became like a legal encyclopedia of practical rulings. The rulings of this civil code were articulated 5- the presumption to attribute an incident to the nearest occasion
according to the conventions of legal articles, 1851 of them arranged in 16 volumes. This filled an urgent 6- that the general presumption in matters for the general populace is permissibility
need of the time, as the civil matters of the Shari‘a were otherwise scattered across innumerable tomes
of law; with this new systematization, the responsa and various legal texts on a single topic were 7- that the general presumption in economic transactions is permissibility.
organized according to a single method.
8- give no weight to evidence in the face of explicit testimony

9- do not attribute speech to the silent

The five great legal maxims
10- give no weight to speculation

11- give no weight to suspicions in offenses

The first legal maxim: matters are judged by their purposes.
12- a habitual prohibition is like a definite prohibition

Evidence for this lies in the Prophetic hadith, “Surely actions are by their intentions.” For example, 13- do not dispute the consequences of a proof
different judgments are incurred by someone who killed another, depending on whether he intended to
do so or it was an accident—for the very basis of the action differs in each case.
The third legal maxim: difficulty must be alleviated

Secondary principles derived from this maxim:

Evidence for this lies in the Qur’anic verse And [He] has not laid any hardship upon you in religion (al-
1- Contractual stipulations are to be understood by their intended meaning, not strictly by their Hajj: 78) and in the Prophetic hadith, “I was appointed to [a prophethood of] primordial generous faith.”
wording or formulation. An example of this is the dispensation given one who finds it difficult to pray standing, as he may then
pray seated.
2- Intention generalizes the specific, and specifies the general.

3- The intention of the oath-taker determines.

Secondary principles derived from this maxim:

1- If a matter is difficulty, ease it. Secondary principles derived from this maxim:

2- If a matter is easy, straiten it. 1- What is in practice ought to be followed

3- Necessity renders the prohibited permissible. 2- Something becomes custom when it is generally adopted and becomes predominant

4- What necessity makes permissible is permitted only to the extent of the necessity. 3- Weight is given what is predominant and common, not what is rare

5- What is permitted with due cause is again prohibited without it. 4- Writing is considered like an oral expression.

6- A universal need is a necessity. 5- A conventional gesture is considered like verbal speech.

7- Necessity does not trump the rights of another. 6- Custom has the force of a contractual stipulation.

8- If the principle cannot be satisfied, it falls to its equivalent. 7- Something identified by custom has the force of something identified by a text.

8- The established practice of a community is considered like a stipulation between them.

The fourth legal maxim: harm must be removed

Evidence for this lies in the Prophetic hadith, “There is no inflicting harm (darar) or returning harm
Men of Sharia Law
(dirar) [in Islam].” The former is done without cause, while the latter is performed with cause. For
example, one whose possessions injure a neighbor has a responsibility to remove the source of the
Mujtahid
injury or hardship.
One who exercises independent reasoning (ijtihad) in the interpretation of Islamic law. Qualifications
include training in recognized schools of Islamic law and extensive knowledge of the Quran, hadith and
Usool al-fiqh.
Secondary principles derived from this maxim:
Mufti
1- repel harm to the extent possible
The Muslim man who is knowledgeable about the Islamic Sharia Law, according to specific conditions
2- remove harm. which qualifies him to reach the degree of fatwa (Sharia ruling) and the legal judgement. The mufti and
the judge are one degree. But the mufti is informed of the ruling, and the judge carries out/implements
3- An greater harm is removed with a lesser harm. the ruling. Usool al-fiqh is what explains the conditions of the judge, the mufti and the Mujtahid
4- A particular harm can repel a general harm.

5- Averting what corrupts is more important than generating what benefits. Qadi
The judge who administers, judges by Sharia Law.

Hakim
The fifth legal maxim: custom has the weight of law
The Islamic Ruler.

This can be understood with reference to the Prophetic hadith, may peace and blessings be upon him,
“What Muslims hold to be excellent is deemed excellent by God.” Al-Suyuti held, in his al-Ashbah wal-
naza’ir, that every transmitted but unrestricted legal injunction that cannot be specified with reference
What is Fiqh?
to another authority or linguistic analysis should accede to communal custom. Certain other scholars
In linguistic terms, fiqh means understanding. It may be said that so-and-so has been given fiqh fi’d-
commented: the entirety of the law is based on a single principle, namely, convening what benefits and
deen, meaning understanding of the religion. Another example is the du‘aa’ of the Prophet (blessings
repelling what corrupts.
and peace of Allah be upon him) for Ibn ‘Abbaas: “Allahumma faqqihhu fi’d-deen (O Allah, give him 4. 4. Karahah (disapproval): It is the communication which indecisively demands to refrain from an
understanding of the religion).” Narrated by al-Bukhaari (143) and Muslim (2477). act.
5. lbahah (permissibility): It is the communication which confers a choice between the
performance and omission of an act.
Tahdheeb al-Lughah (5/263).

In shar‘i (legal) terminology, fiqh refers to knowledge of the practical, minor shar‘i rulings which are Philosophy of Islamic Legal Ruling
derived from detailed evidence and proof.
Islamic legal rulings are all encompassing in the sense that these rulings define human existence and
Al-Mawsoo‘ah al-Fiqhiyyah (1/13).
those who adhere to these are believers and Muslims. God says in Quran that our body parts and we
ourselves will be questioned and accounted by God on the day of judgement, a theology and
metaphysical reality of existence which will see the emergence of a new world and a new reality. Of
Discussion on Sharia Rulings course atheism has no regard for final judgement or absolute justice and hence in atheism sin has a
ticket to escape specially when the sinners hold positions of power and influence and fear no
accountability.
This has been extensively discussed in Usool al-fiqh books. However, for information that it exists and
due to it’s importance it is being discussed in short. These Islamic rulings has been classified as obligatory, prohibited, permitted, recommended, disliked.
These legal rulings address human existential activities and when I say existential, I mean all possible
Hukm forms or models of human endeavors. In the most basic sense, we can say these legal rulings define
human beliefs and actions and are normative both in their personal and collective levels. These rulings
The ḥukm shar‘ī (aḥkām) in its literal sense carries the meaning of a rule of Islamic law. Thus aḥkām apply to various scopes of human beliefs and actions in their varied activities such as:
(rules) is the plural form of ḥukm (rule), which means rule, command, the absolute, order, judgment, • A legal ruling can be applied to sight such as prohibition of seeing a woman, man or beast
injunction, prescription, and decree. Technically, it is considered a rule of Islamic law. Āmidī (d. sexually unlawfully.
631/1234) defines adillah/evidence as the science of the proofs of fiqh and the indications that they • A legal ruling can be applied to hearing such as prohibition of willingly listening to sexualized
provide with regard to the aḥkām of the sharia. music or willingly indulging in sinful words and statements of others.
Taklif/Mukallaf • A legal ruling can be applied to touch such as touching a woman unlawfully.
• A legal ruling can be applied to smell such as smelling something can cause death.
• A legal ruling can be applied to taste such as eating or drinking something prohibited.
A legal charge or obligation; to entrust or charge someone with a task. A person who meets the legal • A legal ruling can be applied to sentiment, impulse and desire such as prohibition of desiring a
prerequisites becomes a mukallaf (a person obligated by law to discharge a legal duty). For instance, secular life, practicing apathetic sentiment or hedonistic impulse.
prayer is a taklif imposed upon those who reach the age of discernment (bulgh). A woman who is • A legal ruling can be applied to belief and outlook such as prohibition of belief in atheism or
menstruating does not have a taklif to perform prayer. Hardship or incapacity will relieve a person from obligation of belief in patriarchy.
certain obligations or impose less demanding obligations, for instance, praying while sitting down in the
case of a sick person. A taklif imposed upon property is an encumbrance. A legal ruling can be applied to intelligent human action which can be expressed in verb. This is a
broader aspect and also includes models of collective authority such as political, military, economic,
Legal Rulings/Hukm Taklifi financial, legal and criminal, familial, ritualistic etc.

Islamic legal rulings as has been discussed depend on taklif and that demands rightful responsibility.
1. Ijab (declaring an act obligatory) It is the communication which absolutely demands the Such as a person who has taklif of prayer is also rightfully responsible to pray or a person who has taklif
performance of an act. of ruling is also rightfully responsible to rule or a group who has taklif of Jihad is also rightfully
2. Nadb (recommendation): It is the communication which indecisively demands the performance responsible to fight etc. So, a person who has taklif is a mukallaf and the basic prerequisites are being
of an act. adult, discerning/intellect/sane and ability. Depending on the type of legal ruling and the type of legal
3. 3. Tahrim (declaring an act forbidden): It is the communication which demands absolutely to act/belief ability will depend. Generally, ability can be mental, physical and/or financial. Some scholars
refrain from an act. impose being Muslim or a believer is also a condition, but this is wrong as having faith or the act of belief
in God is also itself an obligatory legal ruling. In many actions thus faith should be a condition of held accountable in the hereafter whereas non-Muslims will not be held accountable. This distinction is
performance but not condition of being a mukallaf. This is because Islamic legal rulings are not only only for the application of Islamic law in this world.
limited to Muslim performance or adherence but also non-Muslim under Islamic hukm or jurisdiction.
One example is Jizya but general principle is all non-faith based laws of Islam are to be followed by non-
Muslims. One such Islamic law is limited freedom for non-Muslims to perform their religious acts and Legal Features/Hukmu Wadi
religious laws under Islamic rule filtered through Islamic law. “Filter” because for example theoretically
will Islamic law allow Aztec practice of human sacrifice as part of their religious rituals? Definitively not!? 1. Sabab (Cause): It is the cause on the basis of which a hukm taklifi is invoked or is established.
This is fasad on earth, or theoretically will Islamic law allow public sexual hedonism as part of Satanic 2. Shart (condition): Shart literally means an inseparable sign. Technically shart means a thing by
religion or occult or witchcraft religion? Definitively not as this is social moral disaster and a threat to whose nonfulfillment the object of condition does not come into existence, but its fulfillment
Islamic public security and morality. does not necessarily entail the existence of the thing.
3. Mani' (Impediment): Mani' is one whose existence entails the non-existence of the command,
There is another classification of hukm wadi, Sahih, Fasid and Batil.
Are Non-Muslims Bound by Islamic Law? 4. Sahih (valid): It is one whose essential elements and conditions are combined together in as
much as they are recognized by the Sharia Law with respect to the command. Hence prayer, fast
and sale are valid when the essential elements and conditions of each of them are present.
When God says in the Quran “Oy who believe..” or when Quran commands or prohibits something then
5. Batil (Invalid): Batil is one which neglects the objective in all respects despite the existence of
in the jurisdictional sense it means the believers must implement such laws or supervise the
the form, either by nonfulfillment of the object of the right of disposition on account of
implementation i.e. the believers must be the highest authority in their jurisdiction. It does not mean
incapacity of the person.
Islamic laws are only for Muslims to follow. This is ridiculous. 6. Fasid (Irregular): Fasid is defined as that which is legitimate by its nature but not legitimate by its
attribute.
You will see on the site lawsofquran.com that beside every verse either one of the acronyms FBL and
NFBL or both. Sometimes both because a legal text may contain both aspects of FBL and NFBL. Obligation to Rule by Sharia Law

FBL means faith-based law that is its performance and Implementation must be by Muslims on Allaah has commanded us to refer matters to His judgement and to establish Sharia Law, and He has
themselves or on other Muslims or non-Muslims. This is because such a law requires Islamic faith and forbidden us to rule with anything else, as is clear from a number of aayaat in the Qur’aan:
religious intention. FBL is primarily spiritual in nature such as rituals and its rewards are mainly in the
hereafter. An example of a law which requires Muslims implementing on non-Muslims is prohibition of
mosque management by non-Muslims. The command to rule according to what Allaah has revealed: “And so judge between them by what
Allaah has revealed . . .” [Quran 5:49]
NFBL means non-faith-based law that is its performance and Implementation maybe done by both
Muslims and non-Muslims on Muslims and non-Muslims. This is because such a law does not require Warning against ruling by other than what Allaah has revealed: “. . . and follow not their vain desires . .
Islamic faith and religious intention. NFBL is primarily for the structure and dynamics of worldly life and .” [Quran 5:49]
its benefits such as in our individual and social psychology, society, economy, morality, politics and
governance, war and peace, some parts of family and marriage, etc. It's meant to support our worldly
life. Let's take an example from collection of Islamic taxes: There can be Muslim and non-Muslim Islamic Warning against compromising on any detail of Sharia Law, no matter how small: “. . . but beware of
them lest they turn you far away from some of that which Allaah has sent down to you . . .” [Quran 5:49]
tax collectors and there can be Muslim and non-Muslim Islamic tax recipients. Another example, there
can be a Muslim or non-Muslim person who cuts the thief’s hand and there can be a Muslim and non-
Muslim person whose hand is cut due to thievery, etc. Forbidding seeking the ruling of jaahiliyyah, as is expressed in the rhetorical question “Do they then seek
the judgement of (the Days of) Ignorance?” [Quran 5:50]
Rationale: Non-Muslims are under divine address so the NFBL is justified however there is no forced
conversion in Islam, so FBL is justified. Understand that FBL and NFBL do not mean Muslims will be only
The statement that nobody is better than Allaah to judge: “. . . and who is better in judgement than
Allaah for a people who have firm Faith?” [Quran 5:50]
The statement that whoever does not judge according to what Allaah revealed is a kaafir, a zaalim Considering Sharia Law equal to Secular Law Absolutely or Particularly
(oppressor or wrongdoer) and a faasiq (sinner), as Allaah says: “. . . And whoever does not judge by what
Allaah has revealed, such are the kaafiroon.” [aayah 44]; “. . . And whoever does not judge by that which
“. . . Then do not set up rivals unto Allaah (in worship) while you know (that He Alone has the right to
Allaah has revealed, such are the zaalimoon (polytheists and wrongdoers)” [Quran 5:45]; “. . . And
be worshipped).” [al-Baqarah 2:22]
whoever does not judge by what Allaah has revealed (then) such (people) are the faasiqoon (rebellious
or disobedient).” [Quran 5:47].

“Do they then seek the judgement of (the Days of) Ignorance? And who is better in judgement than
Obligation to judge non-Muslims by Sharia Law under Islamic jurisdiction, as Allaah says: “. . . And if you Allaah for a people who have firm Faith?” [al-Maa’idah 5:50]
judge, judge with justice between them. . .” [Quran 5:42]
Denies Right of Allah and His Prophet (Sharia Law) to Rule

Judging or ruling according to other than what Allaah has revealed is contrary to faith and “. . . And whoever does not judge by what Allaah has revealed, such are the kaafiroon.” [al-Maa’idah
Tawheed/Monotheism, which are Allaah’s rights. It may be counted as kufr akbar (greater kufr/disbelief)
5:44]. Ibn ‘Abbaas said (A senior companion of Prophet): “Whoever rejects what Allaah has revealed is
or kufr asghar (lesser kufr/disbelief) according to circumstances. Kufr akbar will make a person no longer
a kaafir.”
a Muslim.

Kufr Akbar
Kufr Asghar
This is a form of disbelief which takes a Muslim outside of Islam. This disbelief is related with rejection,
denial, arrogance and pride against Sharia Law. It can occur in the following circumstances: This is a form which makes a Muslim sinner. This is related with disobedience in physical action. An
example can be if a ruler or judge passes judgement according to other than what Allaah revealed out of
Stubbornness and Arrogance
disobedience or on a whim, or as a favor to someone, or because he was bribed, and so on, although he
believes that it is obligatory to judge according to what Allaah has revealed, and that what he has done
If he does not rule according to what Allah has revealed out of stubbornness and arrogance, he is a
is a sinful and haram/prohibited action.
kaafir and has left Islaam, even if he does not deny the rule of Allaah. Stubbornness and arrogance
may mean negligence and turning away, as Allaah says: “Have you seen those (hypocrites) who claim Examples of Kufr Akbar
that they believe in that which has been sent down to you, and that which was sent down before you,
and they wish to go for judgement (in their disputes) to the Taaghoot (false judges, etc.) while they
1. Abolishing Sharia Law as the law governing a country, as Mustafa Kemal (“Ataturk”) did in
have been ordered to reject them. But Shaytaan wishes to lead them astray. And when it is said to
Turkey, as he abolished the book Majallah al-Ahkaam al-‘Adliyyah which was based on the
them: ‘Come to what Allaah has sent down and to the Messenger,’ see they hypocrites turn away
Hanafi madhhab, and replaced it with man-made laws.
from you (Muhammad) with aversion.” [al-Nisaa’ 4:60-61]
2. Imposing man-made laws, such as Italian, French, German law, etc., to judge between the
people, or mixing these laws and Sharia Law, as Genghis Khan did in his book al-Yaasiq, which
Sharia is Optional combined laws from different sources; the ‘ulamaa’ (scholars) ruled that he was a kaafir.
3. Enforced removal of Hijab by Shah of Iran pre-Islamic revolution era
4. Mahathir Mohammad’s claim that Hodood law is unfair
“O Messenger! Let not those who hurry to fall into disbelief grieve you, of such who say: ‘We believe’
with their mouths but their hearts have no faith. And of the Jews are men who listen much and
eagerly to lies - listen to others who have not come to you; they say, ‘If you are given this, take it, but Example of Kufr Asghar
if you are not given this, then beware!’ . . .” [al-Maa’idah 5:41]. He says: “Go to Muhammad (peace be
upon him), and if he tells you that the ruling is lashes, accept it, but if he commands stoning, ignore
Najib Razak’s claim that Malaysia is not ready for Hodood laws.
what he says. Then Allaah revealed “. . . And whoever does not judge by what Allaah has revealed,
such are the kaafiroon (disbelievers)” [al-Maa’idah 5:44].
The Message and Goal of Sharia Law knowledge directly from the Qur'an and hadith, as is also the case with a second type of knowledge, that
of general Islamic ethical principles to do good, avoid evil, cooperate with others in good works, and so
forth. Every Muslim can take these general principles, which form the largest and most important part
of his religion, from the Qur'an and hadith.
1. Proposes resistance against tyranny, persecution and exploitation

2. Proposes equality and fair play in economy and interest free economic system The third type of knowledge is that of the specific understanding of particular divine commands and
prohibitions that make up the shari'a. Here, because of both the nature and the sheer number of the
3. Establishes Morality and charity Qur'an and hadith texts involved, people differ in the scholarly capacity to understand and deduce
rulings from them. But all of us have been commanded to live them in our lives, in obedience to Allah,
4. Proposes defense of honor, property and lives and so Muslims are of two types, those who can do this by themselves, and they are the mujtahid
Imams; and those who must do so by means of another, that is, by following a mujtahid Imam, in
5. Proposes Humility and mercy accordance with Allahs word in surat al-Nahl, "Ask those who recall, if you know not" (Qur'an 16:43),
and in surat al-Nisa, "If they had referred it to the Messenger and to those of authority among them,
6. Proposes rational freedom then those of them whose task it is to find it out would have known the matter" (Qur'an 4:83), in which
the phrase those of them whose task it is to find it out, expresses the words "alladhina yastanbitunahu
7. Proposes accountability and transparency minhum", referring to those possessing the capacity to draw inferences directly from the evidence,
which is called in Arabic "istinbat".
8. Proposes justice irrespective of class, race, gender or power

9. Proposes defensive war

These and other verses and hadiths oblige the believer who is not at the level of istinbat or directly
10. Proposes harsh deterring criminal legal system deriving rulings from the Qur'an and hadith to ask and follow someone in such rulings who is at this
level. It is not difficult to see why Allah has obliged us to ask experts, for if each of us were personally
responsible for evaluating all the primary texts relating to each question, a lifetime of study would
hardly be enough for it, and one would either have to give up earning a living or give up ones din, which
Shariah law aims to protect five basic human interests: religion, life, lineage, property, and intellect. is why Allah says in surat al-Tawba, in the context of jihad:
These basic interests are universally recognized among all other nations even though nations vary in
their approach in doing so.
"Not all of the believers should go to fight. Of every section of them, why does not one part alone go
forth, that the rest may gain knowledge of the religion and admonish their people when they return,
that perhaps they may take warning".
What is Madhab/Mazhab
The slogans we hear today about "following the Qur'an and Sunna instead of following the madhhabs"
Sheikh Nuh Keller an American Muslim, a philosopher and Islamic legal expert says:
are wide of the mark, for everyone agrees that we must follow the Qur'an and the Sunna of the Prophet
(Allah bless him and give him peace). The point is that the Prophet (Allah bless him and give him peace)
is no longer alive to personally teach us, and everything we have from him, whether the hadith or the
‘The word madhhab is derived from an Arabic word meaning "to go" or "to take as a way", and refers to
Qur'an, has been conveyed to us through Islamic scholars. So it is not a question of whether or not to
a mujtahids choice in regard to a number of interpretive possibilities in deriving the rule of Allah from
take our din from scholars, but rather, from which scholars. And this is the reason we have madhhabs in
the primary texts of the Qur'an and hadith on a particular question. In a larger sense, a madhhab
Islam: because the excellence and superiority of the scholarship of the mujtahid Imams--together with
represents the entire school of thought of a particular mujtahid Imam, such as Abu Hanifa, Malik, Shafi'i,
the traditional scholars who followed in each of their schools and evaluated and upgraded their work
or Ahmad--together with many first-rank scholars that came after each of these in their respective
after them--have met the test of scholarly investigation and won the confidence of thinking and
schools, who checked their evidences and refined and upgraded their work. The mujtahid Imams were
practicing Muslims for all the centuries of Islamic greatness. The reason why madhhabs exist, the benefit
thus explainers, who operationalized the Qur'an and Sunna in the specific shari'a rulings in our lives that
of them, past, present, and future, is that they furnish thousands of sound, knowledge-based answers to
are collectively known as fiqh or "jurisprudence". In relation to our din or "religion", this fiqh is only part
Muslims questions on how to obey Allah. Muslims have realized that to follow a madhhab means to
of it, for the religious knowledge each of us possesses is of three types. The first type is the general
follow a super scholar who not only had a comprehensive knowledge of the Qur'an and hadith texts
knowledge of tenets of Islamic belief in the oneness of Allah, in His angels, Books, messengers, the
relating to each issue he gave judgements on, but also lived in an age a millennium closer to the Prophet
prophethood of Muhammad (Allah bless him and give him peace), and so on. All of us may derive this
(Allah bless him and give him peace) and his Companions, when taqwa or "godfearingness" was the
norm--both of which conditions are in striking contrast to the scholarship available today.
The imams refused to acknowledge the legitimacy of the Umayyad and Abbasid caliphs, and their
governments; and thus they and their followers were exposed to tremendous harassment and
While the call for a return to the Qur'an and Sunna is an attractive slogan, in reality it is a great leap persecution at the hands of the unjust caliphs. Once the Umayyad government became weak, Imam
backward, a call to abandon centuries of detailed, case-by-case Islamic scholarship in finding and Ja‘far ibn Muhammad al-Sadiq found a golden opportunity to formulate and spread the tradition of the
spelling out the commands of the Qur'an and Sunna, a highly sophisticated, interdisciplinary effort by Prophet Muhammad and his family. At one time, four thousand scholars, commentators of the Qur’an,
mujtahids (one who is able to interpret the law), hadith specialists, Qur'anic exegetes, lexicographers, historians, and philosophers attended his classes in the holy city of Madina.
and other masters of the Islamic legal sciences. To abandon the fruits of this research, the Islamic
shari'a, for the following of contemporary sheikhs who, despite the claims, are not at the level of their
predecessors, is a replacement of something tried and proven for something at best tentative. Therefore, he was able to pass down the authentic teachings of the Noble Qur’an and the Prophet
Muhammad and crystallize them in what came to be known as al-Fiqh al-Ja‘fari, the Ja‘fari
Jurisprudence. His teachings were collected in 400 usul (foundations) which were written by his students
The rhetoric of following the shari'a without following a particular madhhab is like a person going down and encompass hadith, Islamic philosophy, theology, commentary of the Qur’an, literature, and ethics.
to a car dealer to buy a car, but insisting it not be any known make--neither a Volkswagen nor Rolls-
Royce nor Chevrolet--but rather "a car, pure and simple". Such a person does not really know what he
wants; the cars on the lot do not come like that, but only in kinds. The salesman may be forgiven a slight After a period of time, three distinguished scholars categorized these 400 usul in four books which are
smile, and can only point out that sophisticated products come from sophisticated means of production, the main sources of hadith for the Shi‘a school of thought. They are: Usul al-Kafi by al-Kulayni (d.329H),
from factories with a division of labor among those who test, produce, and assemble the many parts of Man La Yahduruh al-Faqih by al-Saduq (d.381H), and al-Tahdib and al-Istibsar by al-Tusi (d.460H). These
the finished product. It is the nature of such collective human efforts to produce something far better three scholars were known as the “three Muhammads” since their first names were all Muhammad.
than any of us alone could produce from scratch, even if given a forge and tools, and fifty years, or even
a thousand. And so it is with the shari'a, which is more complex than any car because it deals with the
universe of human actions and a wide interpretive range of sacred texts. This is why discarding the While these four books are the main sources of hadith for the Shi‘a, their authors still did not label their
monumental scholarship of the madhhabs in operationalizing the Qur'an and Sunna in order to adopt books as “sahih” (authentic). Although they did their best to gather only authentic traditions, but if a
the understanding of a contemporary sheikh is not just a mistaken opinion. It is scrapping a Mercedes particular tradition contradicted the Noble Qur’an then it was not accepted as legal and valid. Hadith,
for a go-cart.’’ according to the Ja‘fari school of thought, are accepted only if the Noble Qur’an verifies them, since the
Noble Qur’an is the only undoubtable source of guidance.

But whenever a Saheeh Hadith comes, we should understand the Saheeh hadith and over turn the weak
position of Mazhab if it is really weak. The Imam lived in a time when the Umayyad Dynasty was losing control of power to the Abbasid
Dynasty. During this period, the power gap allowed for the Imam to spread the knowledge of Ahlul Bayt
and teach the true teachings of Prophet Muhammad (peace be upon him and his family).
The Legal Schools of Islam
Imam as-Sadiq was known to be the most knowledgeable of his time in the Qur’an, Hadith (traditions),
There are five legal schools of thought in Islam and other religious sciences. Imam as-Sadiq had thousands of attendees taking part in his classes.
Notable among them were Abu Hanifa, founder of Hanafi school

Jafari
Recognizes four sources of Islamic law: the Quran, the Sunnah (including traditions reported by the
The Ja‘fari school of thought was headed by Imam Ja‘far ibn Muhammad al-Sadiq who lived from 83H to Prophet and the imams), consensus (which must include the Prophet's or an infallible imam's opinion to
148H. He was born in and died in the holy city of Madina, and he is the sixth Imam of the twelve establish its validity), and human reason. Human reason is capable of inferring categorical judgments
designated imams of the school of Ahlul Bayt. Although the fiqh (Islamic Jurisprudence) was developed drawn from both pure and practical reason. Whatever is judged necessary by reason is also judged
by the Prophet Muhammad and his successors (i.e., the imams), the fiqh, as taught by the Shi‘a, did not necessary by revelation. This correlation between reason and revelation has allowed Shii jurists to
have the opportunity to be presented to the masses of people because of the political predicament that derive religious rulings on many issues not covered in normative sources such as the Quran and Sunnah.
the Ahlul Bayt suffered under the rulers for many centuries. He taught thousands of students in subjects
ranging from law and theology to mathematics and science.
Hanafi the twentieth century, however, the Mecelle was superseded by civil codes in all the countries that fell
previously under Ottoman jurisdiction, with the notable exception of Jordan.

Imam Abu Hanifa was born to a non-Arab father, was raised in Kufa, and died in Baghdad. This school of
thought prevailed during the time of the Abbasid Empire when a student of Imam Abu Hanifa, Abu Yusuf In medieval times, the school had a large following in its birthplace, Iraq, as well as in Syria, Transoxania
al-Qadi became the head of the judiciary department and the highest judge, and thus he spread this (now Uzbekistan, a former Soviet Republic), the Indian subcontinent, the Mediterranean island of Sicily,
madhhab (school of thought), in particular, during the caliphates of al-Mahdi, al-Hadi, and al-Rashid. and to a lesser extent in North Africa. Later on, the Ottoman Empire declared Hanafism the official
doctrine of the state, thus rendering it dominant in all areas that fell under its sway. In modern times,
Hanafism still prevails in these regions as well as in Afghanistan, the Balkans, Pakistan, Turkistan, the
No other man was as close to the Abbasid caliph, Harun al-Rashid as was Abu Yusuf al-Qadi, but the Caucasus (between the Black and Caspian Seas), India, and China.
Abbasid caliph, al-Mansur also worked hard to support and consolidate Imam Abu Hanifa’s school of
thought and to spread his madhhab in the face of the growing popularity of Imam Ja‘far al-Sadiq. Imam
Abu Hanifa studied under the instruction of Imam Ja‘far al-Sadiq for two years Shafi

Though it bears the name of Abu Hanifa al-Nuʿman ibn Thabit (died 767), the Hanafi School of Law in Imam Shafi΄i was born in Hijaz and his school of thought emerged in Egypt. At the time of the Fatimid
fact owes its doctrine to his two disciples Abu Yusuf (died 798) and Muhammad ibn al-Hasan al-Shaybani Dynasty, the Egyptians were mainly followers of Ahlul Bayt, and the teachings of Ahlul Bayt were being
(died 805). They laid down the systematic foundations for the work of later Hanafis. In the eighth and taught in al-Azhar University. At a later time, Salah al-Din al-Ayyubi came and waged an extensive war
ninth centuries, the law school (madhhab) was associated with the rationalists (ahl al-raʾy), who against the school of Ahlul Bayt by banning the teaching of their madhhab (school of thought) in al-
advocated free legal reasoning not strictly bound by the revealed texts. Although by the eighth century Azhar and resurrecting the other madhahib, including that of Imam Shafi΄i, who was killed in Egypt in
raʾy, a form of free reasoning, was largely abandoned in favor of a more disciplined and text-bound 198H.
reasoning, the Hanafis continued to resort to similar methods of legal argument, notably istihsan
(juristic preference). After the ninth century, and certainly by the beginning of the eleventh, even
istihsan was restructured so as to render it subsidiary to the imperatives of the religious texts. The Shafiʿi school of law was founded by Muhammad ibn Idris al-Shafiʿi (died 820), a disciple of Malik ibn
Anas (died 795) and Muhammad ibn Hasan al-Shaybani (died 805). Bringing about a synthesis between
the rationalists and the tradition-alists, Shafiʿi elaborated a system of positive law and a rudimentary
Though the Hanafi school finally came to adopt the mainstream legal methodology and philosophy, it legal theory that attracted a number of scholars who propagated his teachings, thus creating the first
did maintain peculiar characteristics such as its emphasis on the practical aspects of the law. Particularly personal school of law (madhhab) in Islam. His two chief treatises that survived are al-Umm, a collection
in the first three centuries of Islam, its followers, more than any other school, were the chief authors of treatises mainly concerned with positive law and disagreements among the early jurists, and al-Risala
and experts on formularies (shurut), notarial documents, and the profession and conduct of judgeship (also known as al-Kitab, ) a work on legal theory with particular emphasis on Prophetic hadith
(adab al-qada). (traditions) as a binding source of law.

Among the most important Hanafi authors on positive law after Abu Yusuf and Shaybani are Abu al- The immediate students of Shafiʿi who were responsible for propagating his teachings, and thus for
Hasan al-Karkhi (died 951), Abu al-Layth alSamarqandi (died 985), al-Quduri (died 1036), Shams al- laying the first roots of the school, were al-Buwayti (died 846), Harmala (died 857), Muzani (died 878),
Aʾimma al-Sarakhsi (died 1096), alKasani (died 1191), al-Marghinani (died 1196), Abu al-Barakat al-Nasafi al-Zaʿfarani (died 874), al-Karabisi (died c. 859), and al-Rabi ibn Sulayman al-Jizi (died 870). Al-Rabi ibn
(died 1310), and Ibn Nujaym (died 1563). For these authors, the works of Shaybani, known collectively Sulayman al-Muradi (died c. 884) is known as the transmitter of most of Shafiʿi's extant works. Other
as zahir al-riwaya, remained authoritative; they are al-Mabsut, al-Jami al-Kabir, al-Jami al-Saghir, al-Siyar scholars, such as Ibn Hanbal (died 854) and Abu Thawr (died 855), initially the disciples of Shafiʿi,
al-Kabir, al-Siyar alSaghir, and al-Ziyadat. The most prominent legal theorists (usuliyyun) of the school became themselves the founders of independent law schools.
are Pazdawi (died 1089), Sarakhsi, Nasafi, Sadr al-Shariʿa al-Thani al-Mahbubi (died 1346), and Mulla
Khusraw (died 1480).
The widespread influence of the Shafiʿi school must be credited to the work of Ibn Surayj (died 918),
significantly nicknamed the "Little Shafiʿi." He was responsible for harmonizing the teachings of the
In 1876, the Hanafi law of contracts, obligations, and procedure was codified in the Ottoman law code of school and for training a generation of influential Shafiʿi scholars who guaranteed not only the survival
Mecelle, in an effort to modernize the law and to achieve uniformity in its application. The primary of the school but indeed its success. Among the most important of these scholars are Abu Bakr al-Sayrafi
source on which the Committee of the Mecelle based its work was Shaybani's collected works, zahir al- (died 942) and al-Qaffal al-Shashi (died 948), who are considered two of the first major authors of
riwaya, with the commentary on it by Sarakhsi, an eleventh-century Hanafi. In the first few decades of complete works on Shafiʿite legal theory (usul al-fiqh).
 Wansharisi (died 1508), one of the most important fatwa collections in the school. Further, in writing on
legal theory (usul al-fiqh), the Malikis were not as prolific as their Hanafi and Shafiʿi counterparts. Three
Among the many names that dominated the later history of Shafiʿism are: Abu Bakr al-Baqillani (died of their most distinguished legal theoreticians are: Ibn Khalaf al-Baji (died 1081), the author of Ihkam al-
1013), Abu Ishaq al-Isfara'ini (died 1015), Abu Muhammad al-Juwayni (died 1046) and his son Imam al- Fusul ; al-Qarafi (died 1285), whose main work on the subject is Sharh Tanqih al-Fusul, a commentary on
Haramayn (died 1085), Bayhaqi (died 1066), al-Mawardi (died 1058), Abu Ishaq alShirazi (died 1083), the work of the Shafiʿi jurist and theologian Fakhr al-Din al-Razi; and Abu Ishaq al-Shatibi (died 1388),
Ghazali (died 1111), Abu Bakr al-Shashi (died 1113), Fakhr al-Din al-Razi (died 1209), Rafiʿi (died 1226), who elaborated in his Muwafaqat one of the most innovative legal theories that is highly regarded by
Izz al-Din (b. Abd alSalam; died 1262), Muhyi al-Din al-Nawawi (died 1277), and Suyuti (died 1505). The modern legal reformers.
positive law (furu) treatises of Juwayni, Shirazi, Ghazali, Rafiʿi, and Nawawi became standard for the
later period, whereas in legal theory, the works of Juwayni, Ghazali, and Razi gained popularity.
Since early medieval Islam, Malikism succeeded in spreading mainly in the Maghrib (North Africa) and
Muslim Spain, being now the dominant doctrine in all Muslim African countries. In Egypt, it has
Today the Shafiʿi school has followers in Egypt—mainly in rural areas—as well as in Syria, Lebanon, traditionally shared influence with Shafiʿism. Maliki presence may also be found today in Bahrain and
Palestine, Jordan, Iraq, Hijaz, Bahrain, Yemen, Pakistan, Iran, India, and Indonesia. Kuwait.

Maliki Ibn Hazm al-Andalusi says that two schools of thought were spread due to the government and the
sultan: the school of Imam Abu Hanifa, since Abu Yusuf al-Qadi only appointed Hanafi judges; and the
school of Imam Malik ibn Anas, for a student of Imam Malik, Yahya ibn Yahya was so respected in the
Imam Malik joined the ‘Alawiyiin, the descendants of Imam ‘Ali, and received his knowledge from Imam caliph’s palace that no judge was ever appointed in Andalus, Spain without his consultation and advice.
Ja‘far al-Sadiq, but thereafter, inconsistencies marked his life. At one point he was oppressed and having
earned the anger of the government, he was dragged through the streets by his clothes and lashed. In
148H, his fortunes reversed and he regained his popularity and dominance. Hanbali

The Hanbali School of Law takes its name from Ahmad ibn Hanbal (died 854), a major theologian of the
The Maliki school of law was named after the traditionalist and lawyer Malik ibn Anas (died 795) of ninth century. He was a fierce opponent of the Muʿtazila, a school of religious thought that flourished
Medina (in today's Saudi Arabia). Malik's active career fell at a time when the prophetic sunna (record of under the Abbasids. Ibn Hanbal emerged victorious in the mihna (inquisition), led by the Abbasid caliph
the utterances and deeds of the Prophet) had not yet become a material source of the law on equal al-Maʾmun and the rationalist theologians against the traditionalists who upheld the doctrine that the
footing with the Qurʾan and when hadith (prophetic traditions) were still relatively limited in number. In Qurʾan is not the created but the eternal word of God. Ibn Hanbal's career as a dogmatic theologian,
his legal reasoning, therefore, Malik made little reference to prophetic traditions and more often coupled with the fact that he did not elaborate a complete system of law, gave him and his immediate
resorted to the amal (normative practice) of Medina in justification of his doctrines. As expressed in his followers the reputation of being a theological rather than a legal school (madhhab). Indeed, the
Muwatta, in which he recorded the customary Medinese doctrine, Malik's reliance on traditions as well school's first complete work on positive law, alMukhtasar, appeared as late as the beginning of the tenth
as his technical legal thought lagged behind those of the Iraqis. century, at the hands of Abu Qasim al-Khiraqi (died 946).

Once the transition from the geographical to the personal schools took place, Malik became the eponym Being strict traditionalists, the Hanbalis of the ninth century rejected the rationalist elements of what
of the former Hijazi or Medinan school. This may be explained by the fact that Malik's writings had by the end of the century become the mainstream legal theory (usul al-fiqh). Later Hanbalis,
represented the average doctrine of that geographical area, coupled perhaps with the high esteem in however, gradually adopted the main elements of this theory, and by the eleventh century, their legal
which he was held as a scholar. theory finally came to accept usul al-fiqh as elaborated by the Shafiʿi School of Law and Hanafi School of
Law. Thus, it took the Hanbali school nearly two centuries after ibn Hanbal's demise to develop into a
full-fledged school of law.
Like the namesake of the Hanafi school of law, but unlike the founder of the Shafiʿi school of law, Malik
did not provide his school with a developed body of legal doctrine. It was left for his successors, chiefly
in the ninth and tenth centuries, to articulate a legal system particular to the school. Among the most Two centuries later, the celebrated Hanbali jurist and theologian Taqi al-Din ibn Taymiyya (died 1328)
important positive law works of the school are: al-Mudawwana al-Kubra by Sahnun (died 854); alRisala even subscribed to a theory of istihsan (juristic preference), advocated by later Hanafis and vehemently
by Ibn Abi Zayd al-Qayrawani (died 996); alTahdhib, an authoritative synopsis of al-Mudawwana, by Abu opposed by early traditionalist Shafiʿis and Hanbalis.
Saʿid al-Baradhi'i (died probably after 1039); al-Bayan, a commentary by Ibn Rushd (died 1126) on al-
Utbiyya of al-Utbi (died 869); Bidaya alMujtahid wa Nihaya al-Muqtasid by Ibn Rushd al-Hafid (died
1189); al-Mukhtasar by Sidi Khalil (died 1365); al-Mi'yar al-Mughrib wa al-Jami al-Mu'rib by al-
There were several figures who dominated the history of Hanbalism. Among the prominent names are Sharia Law in the 21st Century
al-Khiraqi, Ibn al-Farra, Ibn Aqil, Abd al-Qadir al-Jili (died 1166), Abu al-Faraj ibn al-Jawzi (died 1200), Ibn
Taymiyya, and his disciple Ibn Qayyim al-Jawziyya (died 1351), to name only a few. Distinguished as a
major figure in Islamic religious history, Ibn Taymiyya was involved in the study of law, theology, Islamic civilization since the time of Prophet Muhammad (s) until now, is firmly founded on the concept
philosophy, and mysticism and was engaged in the politics of the Mamluk state. He wrote at length of ‘rule of Divine law.’ Even though throughout the Islamic history kings and caliphs have contradicted
against the Shiʿa, the philosophers, the logicians, and the pantheistic Sufis, though he himself belonged this rule of law based on secular aspects such as racism, nationalism and tribalism but the concept
to the mystical school of Abd al-Qadir al-Jili.
remains in Islamic or Shariah law and have been practiced more often than not. Even still today Muslim
countries such as Malaysia, Indonesia, Bangladesh and many others have contradicted this philosophy
Ibn Taymiyya's thought exercised significant influence on Muhammad ibn Abd al-Wahhab (died 1792), and reality of divine law.
who, with the assistance of Ibn Saʿud, founded Wahhabism, an ideology that has sustained the Saudi Even though people will not believe in a practical law of Islam nonetheless governance by it is not
state during the last two centuries. Saudi Arabia remains the principal country that applies Hanbali law. impossible. In a secular state people do not necessarily believe or agree to all laws but they however
Nevertheless, the writings of ibn Taymiyya and ibn Abd al-Wahhab still continue to influence the Muslim
must obey them as part of being under the jurisdiction. Any attempt to change the system in a criminal
reform and religious movements in the Middle East, from Rashid Rida (died 1935) to the Muslim
manner may label him or her as treasonous.
Brotherhood.
Islamic government and Shariah law do not have many examples except Islamic Republic of Iran and
partially Saudi Arabia. The reason for this is colonialism and its legacy. Western governments have
supported despots in Muslim countries as far back as colonialism. They never honored the hope and
What is Taqleed
aspirations of self-rule for Muslims, most recent example is the coup against President Morsi. This has
created mass suffering for Muslims in their existence resulting in a broken social, economic, political and
Taqlid literally means "to follow someone", "to imitate someone". In Islamic legal terminology it means intellectual existence. Even Iran is under constant sanctions and attacks. A country’s political and legal
"to follow the mujtahid in religious laws." Before you start following the opinions of a mujtahid in the development and maturity depends on stability and non-interference by foreign powers.
Sharia law, you have to ascertain that he has the required expertise and that he is of upright character.
However, Sharia Law has managed the greatest empires from east to west and created environment for
Necessity of Taqleed Islamic golden age and so it can also manage modern Muslim states. The only thing needing is the will of
the Muslim rulers to adopt it and adhere by it like Islamic Republic of Iran did in 1979. Our will to adopt
it will shape not only our destiny but the destiny of the world!
It is not always unreasonable to follow others and to hold uncritical faith in them. We can logically
distinguish four possible forms of imitation:
that of an ignorant person by an ignorant person;
that of a learned person by a more learned person;
that of an ignorant person by a learned person; Reference
that of a learned person by a less learned person.
https://lawsofquran.com/
It is quite clear that the first three forms of imitations are unreasonable and can serve no purpose. www.al-islam.org
However, the fourth kind of imitation is obviously not only reasonable, but also necessary and matter of http://www.islam4u.com/ar
common sense; in our everyday life we follow and imitate others in many things; we like to feel that we https://www.shiaresearch.com/
are taking the advice of experts in matters outside our own knowledge. http://www.khamenei.ir/
http://dar-alifta.org
The Qur' an strongly exhorts at least a group of Muslims to devote their time and energy in studying
https://islamqa.info/en
religion. This obligation is of such importance that Allah (SWT) has exempted such persons from the
http://www.oxfordislamicstudies.com
duty of jihad.
He says:
"It is not (right) for the believers to go forth all together (for jihad). So why should not a party from every
section of them (the believers) go forth to become learned in the religion?..." (Quran 9:124).

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