OverviewThis entry initially examines the factors that pre-
cipitated the rise of the four legal schools in Sunnì
Islam, the various methodologies the schools uti-
lized in the derivation of juridical rulings, and the
cultural factors that influenced the rulings they
issued. These were important considerations in the
issuance of rulings on women in Sunnìjurispru-
dence. Based on the rulings stated in various juridi-
cal tracts, the entry also compares and contrasts the
treatment of women in these schools.
The establishment of the
schools of law (madhàhib)
With the establishment of the Umayyad dynasty
in the eighth century, Muslims were living under
rulers who were not regarded by many as the
proper authority to create the Qur±ànic ideal of a
just social order. It was at this time that the office
of a definitive group of scholars interested in
recording traditions took shape. Many Followers
(tàbi≠ùn) of the Prophet are also mentioned as hav-
ing acumen in juridical matters. These experts in
the legal field tried to define and expound Islamic
legal doctrine especially on issues that pertained
to rituals, inheritance, marriage, divorce, and so
forth. The early scholars in the legal field formed
the provenance of the fuqahà±– a group of schol-
arly elite who specialized in the study of Islamic
legal science, the Sharì≠a.
Initially, the jurists were private individuals who
were keen to discern God’s intent on a particular
ruling. The goal of the jurists’ endeavor was to
reach an understanding (fiqh) of the Sharì≠a, that is,
to comprehend in precise terms the law of God.
Guided by a corpus of precepts and laws and their
own independent reasoning, the jurists, especially
in the ≠Abbàsid period, attempted to construct a
legal edifice by developing and elaborating a sys-
tem of Sharì≠a law binding on all Muslims. They
began to interpret and develop Islamic law, in-
voking various hermeneutical principles such as
maßla™a(derivation and application of a juridical
ruling that is in the public interest), qiyàs (analogy),
ijtihàd (independent reasoning), isti™sàn(prefer-
ence of a ruling that a jurist deems most appropri-
ate under the circumstances), and other innovative
interpretive principles. They aimed to respond to
Law: The Four SunnìSchools of Law
the needs of the times and to go beyond the rulings
stated in the revealed texts while at the same time
paying respect to the very texts that had empow-
ered them.
Increased legal activities by the fuqahà±led to the
development of ancient schools of law in different
parts of the Islamic world. Initially, the schools of
law did not imply a definite organization or strict
uniformity of teachings within a school. Gradually,
the jurists constructed a program for private and
public living centered on the Sharì≠a. The Sharì≠a, as
articulated by these jurists, became a structured
normative praxis and a comprehensive system that
governed personal and public demeanor. The
schools were named after their founders or promi-
nent jurists in the area.The jurists of the schools of
law
Derivation of legal rulings (a™kàm) was contin-
gent on local circumstances and the employment of
different sources of law. In Medina the sunna(prac-
tices of Mu™ammad) was informed not only by
transmitted reports from the Prophet but also by
the transmitted practices of the community. The
local character of the traditional practices was
partially incorporated in the Medinese concept of
Prophetic sunna. Preponderance was frequently
given to local practice over reports of Prophetic
practice since it was argued by the Medinese that
contemporary practice could interpret or supple-
ment earlier practice.
In his al-Muwa††a±, Màlik b. Anas (d. 179/795)
often transmits earlier or contemporary Medinese
practice on a legal point. He also cites different
reports on the practices of the Prophet to vindicate
his own legal opinion. He then accepts or rejects
these in the light of his own reasoning and based on
the practices of Medina. This selective process can
be corroborated from his frequent usage of the
statement, “This is the opinion that we [the people
of Medina] hold.” In essence, Màlikìjurisprudence
attempted to forge a closer link to practical consid-
erations by attaching greater weight to social cus-
toms than did jurists in other areas.
In contrast to the Màlikìs, the jurists of Kufa saw
their interpretations based on reasoning (ra±y) as
an equally authoritative factor in the decision of a
point of law. The ra±yof a scholar was partially