Why are there different scholarly opinions?
Why are there different scholarly opinions?
Reason 1:
Using different sources of Islamic law
Each of the four major Sunni schools draws from the Quran and Sunnah as primary sources. However, when clear guidance from these sources is not available, they differ in the order and emphasis of secondary sources, such as qiyas and ijma'. This methodological variation leads to differing fiqh rulings.
Here's a breakdown of the order of Islamic sources each madhhab considers when making rulings:
Hanafi Madhhab
Founder: Imam Abu Haneefah (703-767 CE)
PRIMARY SOURCES
Quran
The Sunnah
SECONDARY SOURCES
Ijma' of the Sahabah
Individual opinion of the Sahabah
Qiyas
Istihsan
'Urf
Maliki Madhhab
Founder: Imam Malik (717-801 CE)
PRIMARY SOURCES
Quran
The Sunnah
SECONDARY SOURCES
Practices of the Madinites
Ijma' of the Sahaba
Individual opinion of the Sahabah
Qiyas
Customs of the Madinites
Istislah
'Urf
Hanafi Madhhab
Founder:
Imam Abu Haneefah
(703-767 CE)
PRIMARY SOURCES
Quran
The Sunnah
SECONDARY SOURCES
Ijma' of the Sahabah
Individual opinion of the Sahabah
Qiyas
Istihsan
'Urf
Maliki Madhhab
Founder:
Imam Malik
(717-801 CE)
PRIMARY SOURCES
Quran
The Sunnah
SECONDARY SOURCES
Practices of the Madinites
Ijma' of the Sahaba
Individual opinion of the Sahabah
Qiyas
Customs of the Madinites
Istislah
'Urf
Shafi'i Madhhab
Founder:
Imam Ash-Shafi'i'
(769-820 CE)
PRIMARY SOURCES
Quran
The Sunnah
SECONDARY SOURCES
Ijma' of the Sahabah
Individual opinion of the Sahabah
Qiyas
Istis-hab
Hanbali Madhhab
Founder:
Imam Ahmed
(778-855 CE)
PRIMARY SOURCES
Quran
The Sunnah
SECONDARY SOURCES
Ijma' of the Sahabah
Individual opinion of the Sahabah
Hadith Da'if
Qiyas
Reason 2:
Multiple Text Meanings
Even when there was a Quranic verse or authentic hadith available, scholars may differ on the meaning:
Reason 3:
Hadith authenticity
Even when there was a Quranic verse or authentic hadith available, scholars may differ on the meaning:
Definitions:
Qiyas - Analogical deduction
Istihsan -Juristic preference
Istislah - Welfare/public interest
Istis-hab - Linking
'Urf - Local custom
Hadith Da'if - a weak hadith
Note: View Glossary for further definitions.
References:
The Evolution of Fiqh. 2005. Dr. Abu Ameenah Bilal Philips.