The Mystery of Fiqh: Why do schools differ?
The Jurisprudential Schools and Their Differences
The emergence of jurisprudential schools began soon after the time of the Companions of the Messenger of Allah ﷺ, with various notable mujtahidun (legal jurists) forming principles to derive from the established sources. The differences we see between the schools of Islamic law trace back to the time after the veiling of the Messenger of Allah ﷺ from this physical world. Various companions migrated to different lands during the time of the Prophet ﷺ and some did so after his passing. The Companions who were tasked with serving as leaders in lands far from the Islamic state were trained by the Prophet ﷺ in their judicial duties.
When the Prophet ﷺ ordered his companion, Muadh b. Jabal, to travel to Yemen, he ﷺ walked him out of Madinah and asked him several questions about how he would serve in the field of giving judgments.
The Prophet ﷺ said to Muadh b. Jabal when he sent him to Yemen, “With what will you judge by? O Muadh” He replied, “By the book of Allah Almighty.”’ The Prophet ﷺ then said, “And if you don’t find it therein?” He replied, “By the Sunnah of the Messenger of Allah.” The Prophet ﷺ asked, “And if you do not find it therein?” Muadh replied, “I will utilise my reasoning.” Then the Prophet ﷺ patted him on his chest and said, “All praise is for Allah, He who granted the ability to the messenger of the Messenger of Allah ﷺ to that which he loves and is pleased by.” (Abu Dawud, 3592)
From the above narration, we learn of some of the sources of fiqh as well as what the companions would do if they did not find what they were searching for in the sources. We can also deduct from this, that the reasoning of the companions can differ depending on how they come to a ruling as not every companion spent the same period with the Messenger of Allah .ﷺ This would undoubtedly have an effect on their rulings which in turn would differ from other companions.
Aside from the Quran and Sunnah, the third source for the jurisprudential schools is Al-Ijma (consensus). This would take place in the time of the companions by one of them mentioning a ruling and no one else differing from them. Their consensus is equal to one verse of the Quran in its weight according to the Shariah. The fourth and final source is Al-Qiyas (rational deduction). The companions also utilised this when new occurrences were presented. The above hadith of Muadh b. Jabal is a proof of this.
After the companions’ time, their students known as the Tabi’un (followers) began to codify and structure fiqh as we know it today. This was done by using principles deduced from the teaching of the companions and ultimately stemmed back to the Qur’an and Sunnah.
There is no dispute in using these sources to derive rulings, however, the schools of jurisprudence differed in their application of principles which led them to adopt an opinion or follow a ruling. The causes for these are many, and can only truly be understood by studying the principles of jurisprudence (usul al-fiqh).
Multiple Meanings
It was due to these principles that the Imams after the companions differed in their rulings and outcomes. Many of these disputes are based on the meanings of words from the Quran and Sunnah. An example of this is the famous example concerning the meaning of the word قروء from the verse:
وَٱلْمُطَلَّقَـٰتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلَـٰثَةَ قُرُوٓءٍۢ
Divorced women must wait three monthly cycles (2:228)
The Meaning of Monthly Cycles
According to the Hanafi’s the meaning of قروء is menstruation and this opinion was adopted by various companions including the likes of Umar b. al-Khatab and Abdullah b. Masud. However, according to the Shafis’ the meaning of قروء is the period of cleanliness between menstrual cycles and this opinion was adopted by some other companions like Usman B. Affan and Aisha B. Abi Bakr (Allah is pleased with them all). This is one example of the generation after the companions following two different opinions. These opinions also varied depending on the geographical location of the school. For example, those of Iraq took the first opinion and those of Hijaz took the latter opinion.
This discussion is only one glimpse into the various differences concerning words and their meanings. From this, we can also deduce the important stature of the companions for the generations after them and the effect their positions had on the Ummah.
The Understanding of The Companions
There are instances during the life of the Prophet ﷺ where the Companions understood multiple rulings from his orders and when the Prophet ﷺ was informed of this, he ﷺ did not reprimand them. This is extremely important and indicates the mercy of difference in understanding the sources. A point to note is that the Prophet ﷺ is the shāri’ (lawmaker) and it is his duty to inform the companions of any error in their laws and understanding.
After the battle of al-Ahzab, the Prophet ﷺ ordered his companions not to perform the Asr prayer until they reached an area called Banu Quraizah. This was understood differently by the companions. Some of them offered the prayer on the way and others waited till they reached Banu Quraizah. The companions adopted two opinions in this regard and when this was told to the Prophet ﷺ, he did not blame or reprimand any of them. (Bukhari, 946)
The companions took two positions from this statement of the Prophet ﷺ as the time of asr entered. One group were fearful of the time of Asr expiring and they would have to perform their prayer as qada so they stopped and prayed before reaching Banu Quraizah. The second group acted upon the apparent order of the Prophet ﷺ and delayed the asr prayer until they reached Banu Quraizah.
Some scholars commented on this narration and used it as proof for showing the validity of differences and the role of a mujtahid in earning two rewards for a correct outcome and one reward for an incorrect outcome. This is known and accepted amongst the scholars of fiqh.
Accepted Narrations
Above we presented one example from the Quran. A similar discussion can also be had about Hadith and the different schools and their differences in meanings of hadith. However, another aspect of Hadith is its authentication according to the schools of law. Each school has its own conditions for accepting and rejecting narrations.
One scholar may deem a narrator as unreliable and weak whereas another scholar may deem the narrator to be reliable and strong.
The wording of the narration may be dubious to one scholar, however, another scholar may take the meaning of the narration from its apparent (haqiqi) meaning into a metaphorical (majazi) meaning.
A narration may have been for a specific person or a specific time. One scholar may hold such an opinion and abandon it whereas another scholar may not see it as such. This is part of the science of specifying (Khass) and generalising (Aam).
Every school of jurisprudence has its own conditions for accepting and implementing hadith. This is extremely important to note, especially in this pertinent time when groups are blindly following narrations without any principles. One major section of the science of jurisprudence is knowing the abrogating and abrogated (Nasikh and Mansukh) Quranic verses and Hadith.
Types of Differences
There are two main types of differences in jurisprudence:
An Accepted Difference: That difference which does not oppose the indefinite nature of the Quran, Sunnah or an apparent Ijma. Such a difference is a mercy from Allah and its example is found above relating to the differences in meanings based upon interpretations.
An Unacceptable Difference: That which opposes the Quran, Sunnah and Ijma. Disputing in these sources and following one’s desires is a means of destruction. We were warned of this by the Prophet ﷺ in the following narration: “Nations before you were destroyed because of their abundant questions and opposing their Prophets.” (Bukhari, 7288)
In conclusion, the schools of fiqh have been carefully structured and have undergone major rectifications throughout time. There is safety in following one of the four accepted schools of jurisprudence and abandoning them is in reality abandoning the Quran and Sunnah. The difference between the Imams and their schools is one of mercy for this final nation, for after this shariah, there is no new shariah to be sent. We ask Allah Almighty to allow us to understand the differences and may the Ummah unite upon the four schools of jurisprudence. Ameen.
Written by Ustadh Umer Asif
Bibliography
Usul ash-Shahi, Shashi
Tarikh Usul al-Fiqh, Jummah
Irshad al-Anam, Hammad
Tarikh at-Tashri al-Islam, Ibrahim
Al-I’iqaf ala Sabab al-Ikhtilaf, as-Sindi
Hujjiyyat e Fiqh, Raza
Umdat al-Qari, Ayni
al-Madkhal al-Fiqhi al-Aam, az-Zarqa
