Arabic Heritage 2 PDF

Sunni schools of law, or (madhāhib) and theology (‘ilm al-kalām) Tenth century Fiqh and Shari’a -Shari’a: Literally means the way or the path, and refers to the divine law. -Fiqh: Literally means ‘knowledge’, and it refers to divine law as understood by Muslim scholars. Although Shari’a and Fiqh are...

Sunni schools of law, or (madhāhib) and theology (‘ilm al-kalām) Tenth century Fiqh and Shari’a -Shari’a: Literally means the way or the path, and refers to the divine law. -Fiqh: Literally means ‘knowledge’, and it refers to divine law as understood by Muslim scholars. Although Shari’a and Fiqh are both translated to Islamic law, there is an important difference between the two. Shari’a is the divine law, yet Fiqh refers to human’s understanding and interpretation of the divine law. That is why we have different schools of Islamic law (fiqh), yet we cannot talk about different Islamic Shari’as, as there is only one Islamic Shari’a. Hanafi school Established by Abu Hanifa (d. 150/767) Originated in Iraq. Emphasized reason. Held the principle of “Istihsan”(preference based on opinion). Spread in central Asia and Turkey, Egypt, Syria Lebanon, Jordan, Iraq. Maliki school Malik b. Anas (d. 170/795). He compiled Muwatta, the earliest work that combined Hadith and fiqh. He emphasized “living tradition” of the people of Madinah. Maliki jurists held the principle of “Maslaha” public interest. It spread in North Africa. Shafi’i school Muhammad b. Idris al-Shafi’I (d. 204/820) Islamic law should be based on Qur’an and Sunna. He restricted the use of qiyas and ijma’. Established usul al-fiqh, in his book “al-Risala” First it spread in Egypt. From there to southern Arabia, East Africa and through trade routs to Southeast Asia. Hanbali school Ahmad ibn Hanbal (d. 240/855). He wrote al-Musnad where he collected fifty thousands Hadith reports. He relegated qiyas and ijma’ to an insignificant role. He emphasized the importance of the view of the companions of the prophet. Predominant in Saudi Arabia. Theology (‘ilm al-Kalam) ‘Ilm al-Kalam or Usul al-din usually translated as (theology): Main groups: the Mu’tazilites and the Ash’arites. ØThe origin of the Mu’tazilites ØAl-Hasan al-Basri ØWasil b. “Ataa ØThe origin of the Ash’arites ØAbu al-Hasan al-Ash’ari Some topics discussed by theologians Predestination and free will The attributes of God The knowledge of good and evil Some like Ahmad b. Hanbal believed that there is no need for the discipline of kalam and to prove the beliefs of Muslims rationally, and considered the arguments and debates of the kalam scholars bid’a (innovation) in Islam.