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reasoning can be used to derive a
legal opinion. If the aim of the
Qur’an is to discourage actions
preventing Muslims from worship,
then, likewise, restriction on
business can be applied to other
contracts, actions, or services such
as a marriage. Instead of scholars
merely offering a personal opinion
on matters such as these, al-Shafi‘i
helped to ground creative thinking
in the authoritative sources of
Islam, the Qur’an and the Sunna.
Schools of law
Although al-Shafi‘i’s summation of
the four sources of law—the Qur’an,
the Sunna, community consensus,
and analogical reasoning—did much
to unify shari‘a, different schools of
law use these sources in different
ways. From the 13th century, four
schools have predominated in
Sunni Islam, the largest branch of
the faith. Each school is named for
the individual who framed its main
concerns: Shafi‘i, Hanbali, Hanafi,
and Maliki. The Shafi‘i and Hanbali
schools rely on evidence from the
sources in interpreting law, while
the Hanafi and Maliki encourage
analagous reasoning as well.
Further schools of law developed
in Shi‘a Islam. Given the key role of
the imam for Shi‘a Muslims, these
schools emphasize the traditions of
‘Ali and the imams. Muhammad’s
cousin ‘Ali is seen by Shi‘as as the
first imam—a point on which Sunnis
and Shi‘as disagree. Shi‘as often
favor the rulings of the imam, their
supreme leader and highest authority
on law, over analogical reasoning
and community consensus.
The schools of law remain in
Muslim society today. In regions
where Muslims are predominant,
scholars rule on legal matters in
courts of law and issue fatwas
(rulings). In turn, judges enforce and
uphold the law. Muslims facing more
mundane questions as to the best
way to live a Muslim life may also
ask for authoritative advice. In non-
Muslim societies, local scholars offer
guidance to their communities and,
in a modern twist, Muslims can also
consult web-based helplines run
by international centers devoted
to Islamic law. While there is still
debate about how best to derive
legal rulings, shari‘a remains for
many a straight path to the best
life God can give to his followers. ■ISLAM
Abu ‘Abdallah
Muhammad ibn Idris
al-Shafi‘iMuch legend has grown up
around the life of al-Shafi‘i.
As a result, the details of his
early years remain uncertain,
but according to the oldest
surviving accounts he was
born in Gaza in 767. When he
was young, his family moved
to Mecca, where he studied
Hadith (the words and deeds
of Muhammad) and law. He
is said to have memorized
the Qur’an by the age of 10.
He then moved to Medina,
studying law under Malik ibn
Anas, founder of the Maliki
School of Islamic law. He
taught in Baghdad, finally
settling in Egypt. Through
his work as a teacher and
scholar, he became known
as the father of Islamic
jurisprudence, helping to
shape Islamic legal thought.
He died in 820 and was
buried in al-Fustat (Cairo).Key works9th century Treatise on
the Foundations of Islamic
Jurisprudence; The ExemplarAnalogical reasoning can be used to
determine acceptable behavior. The
Qur’an makes no mention of drugs, but
does forbid alcohol. So we can infer
that other intoxicants are forbidden too.
My community
will never agree
on an error.
Hadith of Muhammad