9 Sharia (Islamic Law)

9.1 What Is Sharia?

9.2 Schools of Muslim Law

9.1 What Is Sharia?

The word Sharia comes from an Arabic term meaning “the path to water” or “the path to life.” In Islamic thought, it refers to the path that God has provided to guide human life.

Sharia is often translated as “Islamic law,” but the concept is broader than legal rules alone. It describes the moral and religious framework Muslims believe God revealed for how human beings should live.

Sharia addresses many areas of life, including:

  1. Worship and religious duties
  2. Personal morality
  3. Family relationships
  4. Business and contracts
  5. Charity and social responsibility
  6. Crime and punishment

Because it covers everything from private prayer to public policy, Sharia is viewed not just as a legal system, but as a total way of life.

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As discussed in Modules 4 and 8, the Qur’an provides the primary guidance for Muslims, but it contains relatively few detailed legal instructions. To understand how to apply God’s guidance to everyday life, scholars turned to the Sunnah—the exemplary life and practices of the Prophet Muhammad, preserved in reports known as Hadith.

To bridge the gap between these ancient texts and new, modern challenges, scholars developed a systematic “science of law” known as Islamic Jurisprudence (Fiqh).

Jurisprudence Definition: “the philosophy, theory, and science of law. It investigates what law is, how it functions in society, and the foundational reasoning used to create legal rulings.”

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The Four Roots of Law

In the process of developing Fiqh, scholars traditionally rely on four primary sources or “roots” of reasoning:

  1. The Qur’an: The primary divine text.
  2. The Sunnah: The Prophet’s example (found in Hadith).
  3. Ijma (Consensus): The agreement of qualified Islamic scholars on a specific issue.
  4. Qiyas (Analogy): Using logical reasoning to apply an existing rule to a new situation (e.g., applying the Qur’anic prohibition of wine to other intoxicating substances).

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Muslims traditionally make a sharp distinction between the ideal and the interpretation:

(A) Sharia refers to the ideal divine guidance believed to come from God. It is considered eternal, perfect, and unchanging.

(B) Fiqh refers to the human effort to understand and apply that guidance. Because it is a product of human reason, Fiqh is considered fallible and subject to change.

When you hear the term “Sharia law” in the media, it almost always refers to Fiqh (human interpretation).

Because fiqh involves human interpretation, different scholars and legal schools reached different conclusions about how Islamic law should be applied.

This difference explains why Muslim societies can apply Islamic law very differently.

Indonesia, Saudi Arabia, Iran, Morocco, and Nigeria all claim to use Sharia, but their legal systems look very different. That’s because their fiqh interpretations differ.

Quick Note

This module focuses on the theological concepts and the history of interpretation.

  • Module 9: The theory and development of Islamic law.
  • Module 15: Sharia in modern political authority, governments, and specific state laws.

In 9.2, we will look at the different Schools of Muslim Law (Madhhabs) and how they differ.

9.2 Schools of Muslim Law

As Islamic law developed in the centuries after the death of the Prophet Muhammad in 632 CE, scholars across the growing Muslim world studied the Qur’an, the Hadith, and earlier legal opinions in order to determine how God’s guidance should be applied to new situations.

Because these scholars lived in different regions and sometimes used different methods of interpretation, several distinct schools of legal thought eventually developed. These traditions are known as madhhabs (schools of law).

Each madhhab represents a long scholarly tradition that developed its own methods for interpreting Islamic sources and applying legal reasoning.

Importantly, these schools do not represent different religions. All of them are recognized within Islam as legitimate approaches to understanding and applying Islamic law.

Sunni and Shia Islam are the two main branches of the religion, originating from a 7th-century dispute over who should succeed Prophet Muhammad.

Sunnis (~85–90% of Muslims) believe the community should choose the leader (Caliph), while Shias (~10–15% of Muslims) believe leadership belongs to the Prophet’s family (Ali ibn Abi Talib, the Prophet’s cousin and son-in-law).

The Four Major Sunni Schools

(~85–90% of Muslims)

Within Sunni Islam, four major legal schools became the most influential.

— (1) Hanafi School —

Founded by Abu Hanifa (699–767 CE). The Hanafi school is known for placing significant emphasis on reasoning and analogy when interpreting the law. It became the dominant legal school in many parts of the Ottoman Empire, including modern-day Turkey, the Balkans, Central Asia, and South Asia.

— (2) Maliki School —

Founded by Malik ibn Anas (711–795 CE). The Maliki tradition places strong weight on the practices of the early Muslim community in Medina, where the Prophet Muhammad lived. This school became influential across North and West Africa.

— (3) Shafi‘i School —

Founded by Muhammad ibn Idris al-Shafi‘i (767–820 CE). Al-Shafi‘i is famous for helping systematize Islamic legal theory. His approach carefully balanced the authority of the Qur’an, Hadith, and legal reasoning. The Shafi‘i school spread widely in East Africa, Southeast Asia, and parts of the Middle East.

— (4) Hanbali School —

Associated with Ahmad ibn Hanbal (780–855 CE). The Hanbali tradition places strong emphasis on the Qur’an and Hadith and is generally considered the most text-focused of the four schools. Today it is most closely associated with Saudi Arabia.

Other schools also existed, but these four became the most widely followed.

The Shia Legal Tradition

(~10–15% of Muslims)

In addition to the Sunni schools, Shia Islam developed its own legal tradition.

The largest Shia legal school is the Ja‘fari school, named after Ja‘far al-Sadiq (702–765 CE), an important early Islamic scholar and descendant of the Prophet Muhammad.

Ja‘fari jurisprudence shares many similarities with Sunni legal traditions but also includes distinct interpretations and methods of legal reasoning.

This legal tradition is followed primarily in Iran and by many Shia Muslim communities around the world.

Differences Between the Schools

Although the major legal schools agree on most core beliefs and practices of Islam, they sometimes differ on specific legal questions, such as:

— (1) Details of Prayer Practices —

Example A: Hanafi, Shafi‘i, and Hanbali schools generally teach that the hands should be folded over the chest or abdomen while standing in prayer. Maliki school traditionally allows the arms to rest at the sides during the standing portion of the prayer. Both practices are considered acceptable within Sunni Islam.

Example B: Some schools say saying “Ameen” aloud after Al-Fatiha is recommended. Others prefer it to be said quietly.

— (2) Marriage and Divorce Regulations —

Example C: One debated issue involves triple divorce (talaq). In some traditional legal interpretations, if a husband says “I divorce you” three times in one sitting (rather than over three separate months), some jurists historically considered the divorce immediately final. Other scholars argued that saying it three times should still count as only one divorce, giving the couple time to reconcile. Modern Muslim-majority countries handle this issue very differently, with some banning the instant triple divorce entirely.

— (3) Rules Governing Business Contracts —

Example D: The Hanafi school historically allowed greater flexibility in contract structures and commercial agreements. Some other schools traditionally placed stricter limits on certain types of speculative transactions, especially where uncertainty (known as gharar) was involved.

— (4) Inheritance Laws —

Example E: Some schools treat a grandfather similarly to a father in inheritance priority when estates are divided in specific family situations. Other schools assign different fractional shares depending on the surviving relatives.

All of these differences arise because scholars used slightly different methods when interpreting the Qur’an and Hadith.

In Islam, the concept of ikhtilaf is the Arabic term for “legal disagreement.” A famous Islamic saying is, “Difference of opinion in the community is a mercy,” noting that differences in schools are viewed positively, not as “errors.”

In Module 10, we will look at sin, repentance, and salvation in Islam.