Muslim Law | Bangladesh ARNAB KUMAR DAS Port City International University, Chittagong, Bangladesh. SID: LLB 00305037

1. 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 Allah”is a sign of the bounty of Allah”
-Prophet Muhammad.-Prophet Muhammad.

2. There are two main schools in Muslim law,There are two main schools in Muslim law,
as the Sunnies and Shias. Both theas the Sunnies and Shias. Both the
segments are divided into sub-schools. Thesegments are divided into sub-schools. The
Sunni school can be divided into four sub-Sunni school can be divided into four sub-
schools as Hanafi, Maliki, Shafi and Hanbali.schools as Hanafi, Maliki, Shafi and Hanbali.
Shia school of thought can be divided intoShia school of thought can be divided into
three as Ismaila, Zaydia and Ithana Asharia.three as Ismaila, Zaydia and Ithana Asharia.

3.  Hanafi School:Hanafi School:
 Hanafi School of thought is accepted as theHanafi School of thought is accepted as the
most influential and important School. Imam Abumost influential and important School. Imam Abu
Hanifa was the founder of this school. TheHanifa was the founder of this school. The
school was named after him as Hanafi School.school was named after him as Hanafi School.
 The main features of this school are:The main features of this school are:
 1. Less reliance on traditions unless their1. Less reliance on traditions unless their
authority is beyond any doubt;authority is beyond any doubt;
 2. Greater reliance on Qiyas;2. Greater reliance on Qiyas;
 3. A little extension of the scope of Ijma;3. A little extension of the scope of Ijma;
 4. Evolving the doctrine of Istishan, i.e., applying4. Evolving the doctrine of Istishan, i.e., applying
a rule of law as the special circumstancesa rule of law as the special circumstances
required.required.

4.  However, his teachings were not liked by theHowever, his teachings were not liked by the
Caliphs and so they throw him into prison. As soCaliphs and so they throw him into prison. As so
supposed they poisoned him to death. He wassupposed they poisoned him to death. He was
held in such respect that his funeral prayers asheld in such respect that his funeral prayers as
reported was said for 10days and 50000 peoplereported was said for 10days and 50000 people
attended it on each day.attended it on each day.
 The muslims of India, Afghanistan and TurkeyThe muslims of India, Afghanistan and Turkey
are Hanafis. Also in Egypt, China and Arab-theyare Hanafis. Also in Egypt, China and Arab-they
principally found. He left his two disciples Abuprincipally found. He left his two disciples Abu
Yusuf and Imam Mohammod.Yusuf and Imam Mohammod.
 So we can say that he was the founder of theSo we can say that he was the founder of the
theories and principles of Muslim Jurisprudence.theories and principles of Muslim Jurisprudence.

5.  Mailki School:Mailki School:
 The Mailki School of law was founded by ImamThe Mailki School of law was founded by Imam
Malik bin Anas. He was born in Medinah. ImamMalik bin Anas. He was born in Medinah. Imam
Malik was a judge. He wrote a book named al-Malik was a judge. He wrote a book named al-
Muwata (the Leveled Path). The pupils of ImamMuwata (the Leveled Path). The pupils of Imam
Malik included Imam Muhammad and ImamMalik included Imam Muhammad and Imam
Shafi. Though, Medina was the birthplace of theShafi. Though, Medina was the birthplace of the
Maliki School and from there spreadout theMaliki School and from there spreadout the
Hijaz, North Africa and Spain. It is stillHijaz, North Africa and Spain. It is still
predominant in Morocco, Algeria, Tunisia andpredominant in Morocco, Algeria, Tunisia and
Tripalitania, the Sudan, Bahrain and Kuwait.Tripalitania, the Sudan, Bahrain and Kuwait.

6.  Shafi School:Shafi School:
 The third school was founded by Imam al Shafi who wasThe third school was founded by Imam al Shafi who was
a disciple of Imam Malik. He was a great thinker, had ana disciple of Imam Malik. He was a great thinker, had an
unusual grasp of principles and a clear understanding ofunusual grasp of principles and a clear understanding of
the judicial problems.the judicial problems.
 His most famous pupil was Ahmad-ibn-Hanbal.His most famous pupil was Ahmad-ibn-Hanbal.
 This School is followed in many parts of Egypt, Syria andThis School is followed in many parts of Egypt, Syria and
Lebanon (particularly in the city of Beirut) and also inLebanon (particularly in the city of Beirut) and also in
Iraq, Pakistan, India, Indo-China, Java and among theIraq, Pakistan, India, Indo-China, Java and among the
Sunni inhabitants of Iraq and Yemen. It is predominate inSunni inhabitants of Iraq and Yemen. It is predominate in
Palestine and Jordan.Palestine and Jordan.

7.  Hanbali School:Hanbali School:
 This School was founded by Imam Ahmed binThis School was founded by Imam Ahmed bin
Hanbal who was born Bagdad. Imam Hanbal didHanbal who was born Bagdad. Imam Hanbal did
not establish a separate school himself; this wasnot establish a separate school himself; this was
rather done by his disciples and followers.rather done by his disciples and followers.
 The Hanbali was the most conservative of theThe Hanbali was the most conservative of the
four schools. Its rigidity and intolerancefour schools. Its rigidity and intolerance
eventually caused its decline over the years.eventually caused its decline over the years.
Today, Hanbali school is followed only in SaudiToday, Hanbali school is followed only in Saudi
Arabia. This school is very strict in theArabia. This school is very strict in the
observance of religious duties.observance of religious duties.

8.  Now to cope with this changing aspect ofNow to cope with this changing aspect of
Islamic society, particularly in the light of newIslamic society, particularly in the light of new
facts, specialists in the field of Islamic lawfacts, specialists in the field of Islamic law
asked to give their decisions using theasked to give their decisions using the
traditional tools of legal science. Such atraditional tools of legal science. Such a
decision is calleddecision is called fatwafatwa and the religiousand the religious
scholar who gives this decision is called ascholar who gives this decision is called a
mufti.mufti.

9. THANK YOU ALL.THANK YOU ALL.
MAY GOD BLESS YOU.MAY GOD BLESS YOU.

10. THANK YOU ALL.THANK YOU ALL.
MAY GOD BLESS YOU.MAY GOD BLESS YOU.