Aydin
Rice King
Registered: Jul 2001
Location: China
Posts: 11795 |
The 4 Madhhabs
Shari'a (Islamic law) is divided into 4 schools of jurisprudence. While Shari'a is not legally practiced anywhere important, other than a few states in Nigeria and Malaysia, it does influence the culture of a place. I found this good example of the difference between the schools:
quote:
Now, let's try to make this a little more real. Let's imagine how the four legal schools would rule on a specific case. Let's say {insert name} steals a loaf of bread. The Qur'an condones amputation of his right hand for this crime (5:38 - "As for the thief, cut off his or her hand."). But how would the four schools rule?
HANAFIS would reason that he probably stole because of extenuating circumstances.
MALIKIS would search for a tradition: Caliph `Umar once decreed that thieves who stole because of extenuating circumstances should be let off.
SHAFI`IS might produce the same tradition, provided they could demonstrate its unquestionable authenticity, and might add the logical argument that someone who robs out of extenuating circumstances should not be treated the same as someone who steals for the fun of it.
HANBALIS would stick with the Qur'an and cut his hand off.
quote:
Both Moghul and Ottoman empires were Hanafi, that means their former subjects would normally be Hanafi: Turkey, Central Asia, the Balkans, Iraq, Afghanistan, Pakistan, India, Bangladesh.
Maliki school is followed in Algeria, Tunis, Morocco, Mauritania, Libya, Kuwait, Bahrain, Dubai and Abu Dhabi.
There are Shafi'is in Egypt, Sudan, Ethiopia, Somali and North Yemen, but the main concentration of the Shafi madhhab is in South East Asia: Indonesia, Malaysia, and the Muslim minorities of mainland SEA and the Philippines are exclusively Shafi.
Hanbalis are concentrated in Saudi Arabia, Qatar, North East of Oman and the rest of the Arab Emirates.
Syria, Jordan, and Palestine have Hanafi laws since the Ottoman sultan Selin the Grim (1512-1520) imposed Hanafi judicial system on all its subjects, but because he did not insist on any changes in the matters of worship, they mostly retain Shafi'i rites.
Egypt is unique in traditionally representing, maintaining and accomodating all the four schools. Each Mamluk Madrassa in Egypt has four sections to accomodate students of each school. Until Muhammad Ali, there were four courts as well, but he had limited it to Hanafi legislation.
source, source
Last edited by Aydin on 04-01-2003 at 07:48 PM
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04-01-2003 07:45 PM
