Islamic Legal Schools and "Dogmatic Theology"

 

Schools of Dogmatic Theology

Mu'tazili School

The first major school of "dogmatic theology" to crystallize was called the Mu'tazili school. Arising as a theological school in the early part of the eighth century CE, the Mu'tazilah stood primarly for three principles: absolute unity of God (tawhid)(hence anything besides God, including the Qur'an, could not be co-eternal with God and was therefore considered to be temporal or created), God's justice ('adl) (allowing for human free will), and Divine reward and punishment (al-w'ad wa-al-wa'id) (in the Hereafter). See the articles Mu'tazilah and Islamic Thought: Mu'tazilah in the Encyclopedia Britannica (archived links; fixed 14 March, 2006).

Ash'ari School

In the tenth century CE, reacting against the Mu'tazilah, the Sunni movement arose, representing the majority of Muslims. Its major figure was Abu al-Hasan al-Ash'ari.

• Abu al-Hasan al-Ash'ari (d. 324 AH/ 935 CE) is the Muslim scholar whose school of "dogmatic theology" (kalam), the Ash'ari school of 'aqida (doctrine), came to dominate the orthodox position in the Sunni Muslim world. This link is to a short biographical notice on al-Ash'ari (link fixed 14 March, 2006).  al-Ash'ari on the Prophet and his Sunnah This link consists of a small part of Walter C. Klein's translation of al-Ash'ari's a al-Ibanah 'an usul al-diyanat which is a major theological treatise. This particular text consists of a theologically and scripturally based justification for following the sunna of the Prophet.
• Imam Abu al-Hasan al-Ash'ari This article, by the Muslim scholar, Dr. Gibril Fouad Haddad, asserts (among other points) that what we now know as the al-Ibanah of al-Ash'ari is a corruption of the original text, a corruption that involves a number of significant ideological differences from the actual perspective of al-Ash'ari (link fixed 14 March, 2006).
• The Foundations of the Articles of Faith, a revised translation of al-Ghazali's (d. 505 AH /1111 CE) Kitab Qawa'id al-'aqa'id, which is a section from his masterpiece, Ihya 'ulum al-din (The Revival of the Religious Sciences). Al-Ghazali has traditionally been regarded as one of Islam's most important thinkers. This work, originally translated by Nabih Amin Faris in 135 pages in 1962, is a complete on-line version and has been retranslated and somewhat adapted for the internet by Shaykh Ahmad Darwish of the "Mosque of the Internet." 
• The Deliverance from Error is a complete translation of al-Ghazali's (d. 1111 CE) Munqidh min al-dalal, his spiritual autobiography. In one of its most important sections, he explains his transition from a scholar and theologian who merely teaches and writes about religion into someone who experiences religious truths.
• Maturidi School of Theology

   

• Ibn Rushd's On the Harmony of Religion and Philosophy This is a translation of a substantial part of Ibn Rushd's (known in the West as Averroes)(1126-1198 CE) Kitab fasl al-maqal. In it the following problems are discussed: the creation of the universe, the advent of prophets, fate and predestination, divine justice and injustice, and the Day of Judgment.

  Islamic Law: Sunnis

  Islamic law contains guidelines and rules for all aspects of a Muslim's life, such as how to pray, the proper way to conduct a business transaction, how to bury the dead, as well as crimes and punishments. Traditionally, these laws were based largely upon the Qur'an and the sunnah, which is the practice of the Prophet. These clear principles were applied to new circumstances that later Muslims encountered. Over the course of a few centuries the ways in which these principles should be interpreted crystallized in the form of the four major Sunni "schools of law or jurisprudence" (madh'hab) in addition to the Shi'i schools, the most dominant of which is the Ithna 'Ashari (12 Imam) or Ja'fari madhhab. The issue and importance of the Sunni schools is clarified in the article Understanding the Four Madh'habs, (link fixed 14 March, 2006) by 'Abd al-Hakim Murad, a British Muslim and Professor of Islamic Studies at Cambridge. (Link fixed, Nov. 27, 2000.)

  Although both anti-Islamic polemicists and many Muslim legalists emphasize the fact that Islam prescribes clear punishments for breaking certain laws, it is often overlooked that the application of a punishment is not necessarily absolute. The following well-attested hadith narrated by Anas ibn Malik and included in the Sahih of Bukhari illustrates the principle for not demanding the application of punishment for a legally punishable offense: 

  While I was with the Prophet a man came and said, "O Allah's Apostle! I have committed a legally punishable sin; please inflict the legal punishment on me." The Prophet did not ask him what he had done. Then the time for the prayer became due and the man offered prayer along with the Prophet , and when the Prophet had finished his prayer, the man again got up and said, "O Allah's Apostle! I have committed a legally punishable sin; please inflict the punishment on me according to Allah's Laws." The Prophet said, "Haven't you prayed with us?" He said, "Yes." The Prophet said, "Allah has forgiven your sin." Or he said, "....your legally punishable sin." (From Sahih of Bukhari, vol. 8, book 82, #812) 

  The four Sunni madh'habs are the Maliki, Hanafi, Sha'fi'i, and Hanbali schools.

Maliki Madh'hab

• Malikiyyah is a brief overview of the Maliki madh'hab written by Bulend Shanay of Lancaster University (UK) as part of the Philtar online encyclopedia of the world's religions.
  The Maliki school of law is named after its leading figure (imam) Malik ibn Anas (d. 179 AH/ 795 CE). See this Biography of Imam Malik written by the highly regarded Muslim scholar Muhammad Abu Zahra and translated by A'isha Bewley.
• The Muwatta' of Imam Malik (d. 179/795) is a hadith collection that is at the foundation of the Maliki "school of jurisprudence" (madh'hab).
• Al-Risalah of 'Abdullah ibn Abi Zayd al-Qayrawani (922-996 CE), translated here by the scholar 'Ayesha Bewley, represents a further crystallization of the understanding of law according to the Maliki school of Jurisprudence.
• The People of Knowledge; and Fatwas (link fixed 17 August 2005) is a section of the newly translated book, A Madinan View, also by the Maliki scholar, 'Abdullah ibn Abi Zayd al-Qayrawani. The passages linked here consist largely of the views of Imam Malik himself. The book is available from TaHa Press. Its US distributor is Arshad Khan, The Bestsellers; 61-38 168th Street; Fresh Meadows; NY 11365; 718-359-4446. 
• The Fundamental Principles of Imam Malik's Fiqh by the well-known contemporary Muslim scholar Muhammad Abu Zahrah and translated by A'isha Bewley. This is a detailed and lucidly translated on-line book that will make the foundation of the Maliki madh'hab accessible to English readers. 

Hanafi Madh'hab

• Hanafiyyah a brief summary of Hanafi school of jurisprudence written by Bulend Shanay of Lancaster University.
  Named after its leader (imam) Abu Hanifa, whose full name was al-Nu'man ibn Thabit ibn Zuta (d. 150 AH/ 767 CE), today the Hanafi madh'hab is prominent in former Ottoman countries (especially Turkey), Central Asia, and India.
• The Hanafi Madh'hab: My Love and My Choice is a lengthy article about the principles of the Hanafi madh'hab written by the well-known scholar
• Allamah Shibli Nu'mani and edited by Syed Mumtaz Ali.
• Imam Abu Hanifah: His Life and Work is an excerpt from the English translation of the Sirat-i Nu'man by the well-known scholar Allamah Shibli Nu'mani.
• al-Imam al-Azam Abu Hanifa (link fixed 17 August 2005) is a detailed biography of Imam Abu Hanifa based on traditional biographical sources and published by Waqf Ikhlas, which is based in Turkey. It contains a number of untranslated transliterated Arabic words and hence will be difficult reading for novices. 

Shafi'i Madh'hab

• Shafi'iyyah A brief overview of the Shafi'i school, written by Bulend Shanay of Lancaster University as part of the Philtar online encyclopedia of world religions.
  Named after its leader (imam) Muhammad ibn Idris al-Shafi'i (d. 204 AH / 820 CE), the Shafi'i school today is dominant in Egypt, Syria, Southeast Asia, and East Africa, as well as a few other regions. 
• Imam al-Shafi'i and His Method of Jurisprudence, written by the contemporary Muslim scholar Taha Jabir al-'Alwani as part of his book on Islamic Jurisprudence Usul al-fiqh al-islami, discusses al-Shafi'i's life and his method of reaching legal decisions based on Islamic priniciples. 
• al-Shafi'i's Risala: Treatise on the Foundations of Islamic Jurisprudence Imam Muhammad ibn Idris al-Shafi'i (d. 204/820) was the founder of the Shafi'i school of law and one of the most important figures in the entire history of Islamic jurisprudence. Here are two links to Shafi'i's Risalah (translated by Prof. Majid Khadduri). In both of them Shafi'i justifies the necessity for taking the Sunna as an essential supplement to the Qur'an for the formulation of Islamic law. The first link, al-Bayan IV (The Fourth Declaration), (link fixed 17 August 2005) is from the Risalah, ch. 2 (pp. 75-76). The second link to theRisalah comprises four sections of ch. 5, titled On the Obligation of Man to Accept the Authority of the Prophet (link fixed 17 August 2005) (pp. 109-122) In addition to their respect for his establishing much of the foundation of Islamic law, many Muslims revere Shafi'i as a saint and may also make a pilgrimage to the shrine of Imam Shafi'i in Cairo, seen here.
• Reliance of the Traveller (Umdat al-salik) (link fixed 17 August 2005) by Ahmad ibn Naqib al-Misri, English translation, commentary, and appendices by Nuh Ha Mim Keller. This is a web-based edition of the carefully translated manual of the proper practice of Islam (shari'a) according to the Shafi'i madh'hab. It has been an essential book in the library of any serious English speaking Muslim or scholar of Islam since its publication in 1991.
• Al-Maqasid of Imam al-Nawawi (link fixed 17 August 2005) is a concise book of the essentials of Islam according to the Shafi'i madh'hab. The author, Yahya ibn Sharaf al-Nawawi (d. 676/1277), was one of the most prominent Sunni scholars of the Middle Ages. This on-line English translation of his work includes the first three chapters, but unfortunately excludes four other chapters, one of which is on the practice of Sufism--which for al-Nawawi was an important component of Islam. 

Hanbali Madh'hab

• Hanbaliyyah This is a brief article on the Hanbali school, written by Bulend Shanay of Lancaster University.
  This school of Islamic jurisprudence was named after Ahmad ibn Muhammad ibn Hanbal, or as he is often known, Ahmad ibn Hanbal (d. 241 AH/ 855 CE). A biography of his that also contains a discussion of the conflict he had with Muslim theologians can be found in the article Ahmad ibn Muhammad ibn Hanbal, written by the scholars of the al-Sunnah Foundation.
• Hanbali Fiqh, an excerpt from a work of the Hanbali Sufi shaykh 'Abd al-Qadir al-Jilani, briefly discusses the Hanbali perspective on what is required of someone who wishes to enter the religion of Islam and then states the Hanbali perspective on the components of the ritual prayer (salat). 
• Ibn Taymiyya (d. 728 AH/ 1328 CE) is undoubtedly the medieval Hanbali scholar who is most well-known, since many of his ideas are at the basis of the Salafi/ Wahabi movement that has been so influential among Muslims today, especially in the West. This favorable biography, written by the Muslim scholar Assad Nimer Busool, is part of an introduction to Prof. Busool's on-line translation of Ibn Taymiyah's Principles of Islamic Faith (al-'Aqidah al-wasitiyah).
• Ibn Taymiyya: a brief biographical sketch and critique (link fixed 17 August 2005) by the American Muslim scholar Nuh Keller points out Ibn Taymiyah's deficiencies in the realm of the "tenets of faith" ('aqida). 

Wahhabi School

• Wahhabiya, sometimes called the Salafi school, is an early modern, 18th century offshoot of the Hanbali madh'hab. Although defeated and deprived of influence in 1818, new life was breathed into the Wahhabi movement in the early 20th century by the ascendancy to power in the Arabian peninsula on the part of the Sa'udi dynasty. See the brief but useful summary of the Wahhabiyyah by Bulend Shanay of Lancaster University.
  Regarded by non-Wahhabis as an extreme fundamentalist version of Islam, the Wahhabi school--which is anti-Sufi and anti-Shi'i-- is dominant in Saudi Arabia and very influential throughout the rest of the world. While a small minority of Wahhabis are militant, the Wahhabi school as a whole should not be characterized as militant, even though historically it was militant. Certainly, for example, most Saudis are not militant today. Hence readers should be careful to distinguish fundamentalist extremist Islam from militant Islam. The confusion is compounded in Central Asia, particularly in Uzbekistan and Afghanistan, where fundamentalist extremist Muslims are generally militant. Today, in Uzbekistan, the term "Wahhabi" is in fact synonymous with a fundamentalist extremist Muslim militant.