The Sunni School
Origin and Principles
The Sunni School is the largest branch of Islam and constitutes the majority of Muslims worldwide. The name "Sunni" is derived from the word "Sunnah", meaning the practices of Prophet Muhammad (PBUH). Sunnis recognize the legitimacy of the first four Caliphs and emphasize following both the Quran and Hadis (Sunnah).
Origin:
The Sunni tradition developed in the early centuries after the Prophet’s death in 632 CE, particularly during the Umayyad and Abbasid periods. The systematization of legal thought led to the emergence of four major schools of jurisprudence (madhhabs).
Core Principles:
- Quran: Primary divine source.
- Hadis: Prophetic traditions as secondary but essential.
- Ijma: Consensus of scholars for extending the law.
- Qiyas: Analogical reasoning for applying principles to new issues.
Sunni jurisprudence emphasizes ijtihad (independent reasoning) by qualified jurists and respects established consensus on key matters.
Sub-Schools within Sunni Law
Hanafi School
Founded by Imam Abu Hanifa (699–767 CE), this is the oldest and most widely followed school of Sunni Islamic law. It is known for its use of reason and opinion (ra'y) alongside texts.
Key Features:
- Flexible interpretation and reliance on Qiyas.
- Gives importance to local customs (Urf) when not against Sharia.
- Favors ease and public interest (Istihsan).
Indian Context:
The Hanafi School is dominant in India. Most Indian Muslims follow Hanafi jurisprudence, especially in matters of marriage, divorce, inheritance, etc.
Maliki School
Founded by Imam Malik ibn Anas (711–795 CE) in Medina. It gives special weight to the practices of the people of Medina as authentic representations of the Prophet's teachings.
Key Features:
- Prioritizes local practice over isolated Hadis.
- Emphasizes public welfare (Maslahah).
Regions:
Predominant in North and West Africa.
Shafii School
Founded by Imam Al-Shafi’i (767–820 CE), this school aimed to systematize legal reasoning and establish a formal methodology for deriving laws.
Key Features:
- Strict hierarchy: Quran → Hadis → Ijma → Qiyas.
- Less flexible than Hanafi but more structured.
Regions:
Popular in East Africa, Southeast Asia (Indonesia, Malaysia), and parts of Egypt.
Hanbali School
Founded by Imam Ahmad ibn Hanbal (780–855 CE), this is the most conservative school. It emphasizes literal interpretation of texts.
Key Features:
- Minimal use of Qiyas and Ijma.
- Rejects personal opinion and local custom.
- Emphasizes Hadis even over Qiyas or Ijma.
Regions:
Dominant in Saudi Arabia and followed by the Wahhabi movement.
Dominant School in India (Hanafi)
Among all Sunni schools, the Hanafi School is the most followed in India. This is largely due to the influence of the Mughal rulers and earlier Muslim dynasties who adhered to Hanafi principles.
Judicial Recognition:
Indian courts generally apply Hanafi law while deciding Muslim personal law cases unless the party proves adherence to a different school.
Examples of Legal Doctrines in Hanafi Law (India):
- Unilateral right of husband to pronounce talaq.
- Mahr (dower) is compulsory and enforceable.
- Inheritance rules permit female heirs but with smaller fixed shares.
The Shia School
Origin and Principles
Imamate and Succession
The Shia School emerged as a distinct branch of Islam based on the belief that leadership (Imamate) should remain within the Prophet Muhammad’s family, particularly through his cousin and son-in-law Ali ibn Abi Talib.
Unlike the Sunnis who accepted the first four Caliphs, Shias believe that Ali was the rightful successor to the Prophet. This doctrinal dispute led to the division between Sunni and Shia Islam.
Principle of Imamate:
In Shia theology, the Imam is not just a political leader but a spiritual and infallible guide appointed by divine will. Only members of the Prophet’s family (Ahl al-Bayt) can be Imams.
Key Features of Shia Jurisprudence:
- Use of reason (‘Aql): Shia law places higher reliance on rational principles compared to Sunni law.
- Disregard for Ijma (consensus): Only the rulings of the Imams are considered valid, making Ijma secondary.
- Temporary marriage (Mut’ah): Recognized under Shia law but rejected by Sunni schools.
- Inheritance rules: Different shares are allotted compared to Sunni law, especially in presence of female heirs.
Sub-Schools within Shia Law
Ismaili School
The Ismaili School derives from the followers of Imam Ismail, the son of the sixth Imam Jafar al-Sadiq. They broke away from the Twelvers due to the succession dispute after the death of the sixth Imam.
Key Features:
- Recognize a line of Imams continuing through Ismail’s descendants.
- More esoteric and allegorical in interpretation of Quran and Sharia.
- Sub-groups include the Dawoodi Bohras and Nizaris (Aga Khanis).
Indian Context:
Dawoodi Bohras, a major Ismaili group, are concentrated in Maharashtra and Gujarat.
Imami (Twelver) School
The Imami or Ithna Ashari (Twelver) School is the largest Shia sect. They believe in a succession of twelve Imams, the last of whom (Imam Mahdi) is in occultation and will return as the Messiah.
Key Features:
- Follows the teachings of the twelve Imams, especially Imam Jafar al-Sadiq (6th Imam).
- Legal system called Ja'fari jurisprudence.
- Permits Mut’ah (temporary marriage) with strict conditions.
- Inheritance law grants more equitable shares to female heirs compared to Sunni law.
Legal Sources:
The Imami school relies on:
- Quran
- Sunnah of the Imams
- ‘Aql (Reason)
- Ijma (only of the Imams)
Dominant School in India (Imami)
In India, the Imami or Twelver School is the most prominent among Shia Muslims. This is especially true for Shia populations in Lucknow, Hyderabad, Kashmir, and parts of Bihar.
Judicial Treatment:
Indian courts recognize differences between Shia and Sunni schools. For example, Shia law of inheritance and marriage (Mut’ah) are treated differently from Sunni practices in legal proceedings.
Example in India:
Example 1. A Shia husband contracts a Mut’ah (temporary) marriage in Lucknow. Is this valid under Indian Muslim law?
Answer:
Yes. Under the Imami School, Mut’ah is a recognized form of marriage. Indian courts accept it for Shia parties provided the terms (duration and mahr) are validly stipulated.
Key Differences between Sunni and Shia Law
Marriage
Mutah Marriage (Shia)
Mutah or temporary marriage is a valid institution in Shia (Imami/Twelver) law but is not recognized in Sunni law.
Features of Mutah:
- Contracted for a fixed duration (from a few hours to years).
- Mahr (dower) must be specified.
- No mutual rights of inheritance unless specified in the contract.
- No requirement of divorce; expires automatically at term’s end.
Sunni Position:
Sunni law considers Mutah to be invalid and sees marriage as a permanent contract unless dissolved by divorce.
Indian Context:
Indian courts uphold Mutah marriage as valid only among Shias, provided its elements (duration, consent, dower) are clearly proved.
Example 1. A Shia man marries a woman under Mutah for six months and later refuses maintenance. Can she claim it?
Answer:
Yes, if the contract was valid and she fulfilled its terms. Under Shia law, she is entitled to maintenance for the contract duration, but not beyond.
Divorce
Form and Procedure
There are major procedural differences between Shia and Sunni laws regarding divorce:
Sunni Law:
- Recognizes Triple Talaq (Talaq-e-Bid'ah) — now abolished in India under the Muslim Women (Protection of Rights on Marriage) Act, 2019.
- Talaq can be oral or in writing, with or without a witness.
- Generally requires no specific reason to be stated.
Shia Law:
- Triple Talaq in one sitting is considered invalid.
- Talaq must be pronounced in the presence of two male witnesses who are just.
- Ijab-o-Qubool (offer and acceptance) must be explicitly stated.
- Mutah marriage does not need Talaq — it ends by time lapse.
Indian Legal Impact:
Post-2019, Triple Talaq is invalid for all Muslims in India, aligning Sunni practice more closely with Shia requirements.
Inheritance
Rules of Succession
Sunni Law follows the traditional fixed share system based on the Quran, while Shia Law follows a more detailed categorization of heirs into classes.
Sunni Law:
- Divides heirs into Sharers, Residuaries, and Distant Kindred.
- Son excludes brother from inheritance.
- Spouse receives fixed share, e.g., 1/4 or 1/8.
Shia Law:
- Heirs are classified into three groups:
- Group I: Parents and children
- Group II: Grandparents and siblings
- Group III: Uncles, aunts, cousins
- Each group must be exhausted before moving to the next.
- Spouses and female heirs get higher preference than in Sunni law.
Representation
Shia law recognizes the doctrine of representation, i.e., the children of a predeceased son inherit his share. This is not recognized in Sunni law.
Example:
Example 2. A Shia father dies leaving two grandsons (children of his deceased son) and a surviving son. Do the grandsons inherit?
Answer:
Yes, under Shia law, the grandsons take the share their father would have inherited. Under Sunni law, they would be excluded by the surviving son.
Guardianship
Guardianship (Wilayat) rules vary between the two schools in terms of order of preference and powers.
Sunni Law:
- Father has the primary right as natural guardian.
- After father, guardianship passes to paternal grandfather.
- Mother has custody (Hizanat) but not guardianship rights over property.
Shia Law:
- Only the father and paternal grandfather are recognized as legal guardians.
- Even if the father appoints a guardian by will, it must not conflict with the rights of paternal grandfather.
- Mother has limited rights and no guardianship over property unless specifically appointed.
Indian Legal Treatment:
Courts typically apply personal law unless overridden by statutes like the Guardians and Wards Act, 1890, in the best interest of the child.