Shafiʿi

The Shafii ( ar, شَافِعِي, translit=Shāfiʿī, also spelled Shafei) school, also known as Madhhab al-Shāfiʿī, is one of the four major traditional schools of religious law (madhhab) in the Sunnī branch of Islam. It was founded by Arab theologian Muḥammad ibn Idrīs al-Shāfiʿī, "the father of Muslim jurisprudence", in the early 9th century.

The other three schools of Sunnī jurisprudence are Ḥanafī, Mālikī and Ḥanbalī. Like the other schools of fiqh, Shafii recognize the First Four Caliphs as the Islamic prophet Muhammad’s rightful successors and relies on the Qurʾān and the "sound" books of Ḥadīths as primary sources of law. The Shafi'i school affirms the authority of both divine law-giving ( the Qurʾān and the Sunnah) and human speculation regarding the Law. Where passages of Qurʾān and/or the Ḥadīths are ambiguous, the school seeks guidance of Qiyās (analogical reasoning). The Ijmā' (consensus of scholars or of the community) was "accepted but not stressed". The school rejected the dependence on local traditions as the source of legal precedent and rebuffed the Ahl al-Ra'y (personal opinion) and the Istiḥsān (juristic discretion).

The Shafii school was widely followed in the Middle East until the rise of the Ottomans and the Safavids. Traders and merchants helped to spread Shafii Islam across the Indian Ocean, as far India and the Southeast Asia. The Shafii school is now predominantly found in parts of the Hejaz and the Levant, Lower Egypt and Yemen, and among the Kurdish people, in the Caucasus and across the Indian Ocean ( Horn of Africa and the Swahili Coast in Africa and coastal South Asia and Southeast Asia).

Principles

The fundamental principle of the Shafii thought depends on the idea that "to every act performed by a believer who is subject to the Law there corresponds a statute belonging to the Revealed Law or the Shari'a". This statute is either presented as such in the Qurʾān or the Sunnah or it is possible, by means of analogical reasoning ( Qiyas), to infer it from the Qurʾān or the Sunnah.

Al-Shafii was the first jurist to insist that Ḥadīth were the decisive source of law (over traditional doctrines of earlier thoughts). In order of priority, the sources of jurisprudence according to the Shafii thought, are:

The Foundation (al asl)

* Qurʾān — the sacred scripture of Islam.
* Sunnah — defined by Al-Shāfiʿī as "the sayings, the acts, and the tacit acquiescence of Prophet Muhammed as related in solidly established traditions".
The school rejected dependence on local community practice as the source of legal precedent.

Ma'qul al-asl

* Qiyas with Legal Proof or Dalil Shari'a — "Analogical reasoning as applied to the deduction of juridical principles from the Qurʾān and the Sunnah."
** Analogy by Cause (Qiyas al-Ma'na/Qiyas al-Illa)
** Analogy by Resemblance (Qiyas al-Shabah)
* Ijmā' — consensus of scholars or of the community ("accepted but not stressed").
The concept of Istishab was first introduced by the later Shafii scholars. Al-Shafii also postulated that "penal sanctions lapse in cases where repentance precedes punishment".

Risālah

The groundwork legal text for the Shafii law is the Risālah ("the Message"), composed by Al-Shafii in Egypt. It outlines the principles of Shafii legal thought as well as the derived jurisprudence. A first version of the Risālah, "al-Risalah al-Qadima", produced by Al-Shafii during his stay in Baghdad, is currently lost.

Differences from Mālikī and Ḥanafī thoughts

Al-Shāfiʿī fundamentally criticised the concept of judicial conformism (the Istiḥsan).

With Mālikī view

* Shafii school argued that various existing local traditions may not reflect the practice of Prophet Muhammed (a critique to the Mālikī thought). The local traditions, according to the Shāfiʿī understanding, thus cannot be treated as sources of law.

With Ḥanafī view

* The Shafii school rebuffed the Ahl al-Ra'y (personal opinion) and the Istiḥsān (juristic discretion). It insisted that the rules of the jurists could no longer be invoked in legal issues without additional authentications.Istislah
''The Oxford Dictionary of Islam'', Oxford University PressIstihsan
''The Oxford Dictionary of Islam'', Oxford University Press The school refused to admit doctrines that had no textual basis in either the Qurʾān or Ḥadīths, but were based on the opinions of Islamic scholars (the Imams).
* The Shafii thinking believes that the methods may help to "substitute man for God and Prophet Muhammed, the only legitimate legislators" and "true knowledge and correct interpretation of religious obligations would suffer from arbitrary judgments infused with error".

History

Al-Shāfiʿī (c. 767–820 AD) visited most of the great centres of Islamic jurisprudence in the Middle East during the course of his travels and amassed a comprehensive knowledge of the different ways of legal theory. He was a student of scholars Mālik ibn Anas, the founder of the Mālikī school of law, and Muḥammad Shaybānī, the great Ḥanafī intellectual in Baghdad.

* The Shafii thoughts were initially spread by Al-Shafii students in Cairo and Baghdad. By the 10th centuty, the holy cities of Mecca and Medina and Syria also became chief centres of Shafii ideas.
* The school later exclusively held the judgeships in Syria, Kirman, Bukhara and the Khorasan. It also flourished in Northern Mesopotamia and in Daylam. The Ghurids also endorsed the Shafiis in the 11th and 12th centuries AD.
* Under Salah al-Din, the Shafii school again became the paramount thought in Egypt (the region had come under Shi'a influence prior to this period). It was the "official school" of the Ayyubid dynasty and remained prominent during Mamlūk period also. Baybars, the Mamlūk sultan, later appointed judges from all four madhabs in Egypt.
* Traders and merchants helped to spread Shafii Islam across the Indian Ocean, as far India and the Southeast Asia.

Under Ottomans and the Safavids

* Rise of the Ottomans in the 16th century resulted in the replacement of Shafii judges by Ḥanafī scholars.
* Under the Safavids, Shafii preeminence in Central Asia was replaced by Shi'a Islam.

Distribution

The Shafii school is presently predominant in the following parts of the world:
* Middle East and North Africa: Parts of Hejaz, the Levant (Palestine, Jordan and a significant number in Syria, Lebanon, and Iraq), Lower Egypt, among Sunnis in Iran and Yemen, and the Kurdish people.
* Asia: Northern region of Azerbaijan, Dagestan, Chechen and Ingush regions of the Caucasus.
* On the Indian Ocean
** Africa: Djibouti, Somalia, Ethiopia, Eritrea and the Swahili Coast (Kenya and Tanzania).
** South Asia: Maldives, Sri Lanka and southern India (Kerala, southern Tamil Nadu, western Karnataka).
** Southeast Asia: Indonesia, Malaysia, Singapore, Myanmar, Thailand, Brunei, and the southern Philippines.

The Shafii school is one of the largest school of Sunni madhhabs by number of adherents. The demographic data by each fiqh, for each nation, is unavailable and the relative demographic size are estimates.

Notable Shafiis

* Al-Muzani
* Al-Ghazali
* Yahya ibn Sharaf al-Nawawi
* Fakhr al-Din al-Razi
* Ibn al-Nafis
* Ibn Kathir
* Izz al-Din ibn 'Abd al-Salam
* Ibn Daqiq al-'Id
* Al-Suyuti

In Hadith:
* Abu Zur'a al-Razi
* Abu Hatim al-Razi
* Ibn Abi Hatim
* Ibn Khuzaymah
* Al-Daraqutni
* Al-Bayhaqi
* Hakim al-Nishaburi
* Al-Baghawi
* Ibn al-Salah
* Yahya ibn Sharaf al-Nawawi
* Yusuf ibn Abd al-Rahman al-Mizzi
* Al-Dhahabi
* Ibn Kathir
* Abd al-Rahim ibn al-Husain al-'Iraqi
* Ibn Hajar al-Asqalani
* Al-Sakhawi
* Ali ibn Abu Bakr al-Haythami
* Al-Khatib al-Baghdadi
* Al-Qastallani
* Ibn Hajar al-Haytami

In Tafsir:

* Ibn Kathir
* Al-Tabari
* Al-Baghawi
* Baidawi
* Ahmad ibn Muhammad al-Tha'labi
* Said Nursî
* Hamka

In Fiqh:

* Al-Mawardi
* Al-Juwayni
* Al-Ghazali
* Al-Baghawi
* Baidawi
* Yahya ibn Sharaf al-Nawawi
* Zakariyya al-Ansari
* Ibn Hajar al-Haytami
* Sayf al-Din al-Amidi
* Ahmad ibn Naqib al-Misri
* Zainuddin Makhdoom I
* Ibn Nuhaas
* Abdallah al-Qutbi

In Arabic language studies:

* Ibn Malik
* Ibn Hisham
* Fairuzabadi

In Aqidah:

* Al-Lalakai
* Abu Bakr al-Ajurri
* Ibn al-Attar
* Al-Miqreezy
* Abu al-Hasan al-Ash'ari

In Philosophy:

* Abd al-Jabbar ibn Ahmad

In Sufism

* Harith al-Muhasibi
* Abd al-Karīm ibn Hawāzin Qushayri
* Abu Talib al-Makki
* Imam al-Haddad
* Ahmad Ghazali
* Ayn al-Quzat Hamadani
* Abu al-Najib Suhrawardi
* Shahab al-Din Suhrawardi
* Yusuf Hamdani
* Ahmed ar-Rifa'i
* Najm al-Din Kubra
* Shams Tabrizi
* Safi-ad-din Ardabili
* Kamal Khujandi
* Yusuf an-Nabhani
* Abd Al-Rahman bin Ahmad al-Zayla'i
* Shah Waliullah Dehlawi

In history

* Ali ibn al-Athir
* Al-Dhahabi
* Ibn 'Asakir
* Ibn Khallikan
* Taqi al-Din al-Nabhani

Statesmen

* Saladin
* Nizam al-Mulk

Contemporary Shafii scholars

From Middle East and North Africa:

* Ahmed Kuftaro
* Ali Gomaa
* Habib Umar bin Hafiz
* Abdullah al-Harari
* Ali al-Jifri
* Mohammad Salim Al-Awa
* Wahba Zuhayli
* Taha Jabir Alalwani
* Taha Karaan

From Southeast Asia:

* Afifi al-Akiti
* Ahmad Syafi'i Maarif
* Hasyim Muzadi
* Syed Muhammad Naquib al-Attas

From South Asia:

* Muhammad Jifri Muthukkoya Thangal
* Sayyid Abdu Rahman Ullal Thangal
* K. Ali Kutty Musliyar
* Kanniyath Ahmed Musliyar
* E. K. Aboobacker Musliyar
* Zainuddin Makhdoom II
* Kanthapuram A.P Aboobacker Musliyar
* Cherussery Zainuddeen Musliyar

See also

* Sunni Islam
* Hanafi
* Maliki
* Hanbali
* Shia Islam

References

Notes

: 1."The law provides sanctions for any religious practice other than the Sunni Shafiʽi doctrine of Islam and for prosecution of converts from Islam, and bans proselytizing for any religion except Islam."

Citations

Bibliography

Primary sources

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Scholarly sources

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Further reading

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* Yahia, Mohyddin (2009). ''Shafii et les deux sources de la loi islamique'', Turnhout: Brepols Publishers,
* Rippin, Andrew (2005). ''Muslims: Their Religious Beliefs and Practices'' (3rd ed.). London: Routledge. pp. 90–93. .
* Calder, Norman, Jawid Mojaddedi, and Andrew Rippin (2003). ''Classical Islam: A Sourcebook of Religious Literature''. London: Routledge. Section 7.1.
* Schacht, Joseph (1950). ''The Origins of Muhammadan Jurisprudence''. Oxford: Oxford University. pp. 16.
* Khadduri, Majid (1987). ''Islamic Jurisprudence: Shafii's Risala''. Cambridge: Islamic Texts Society. pp. 286.
* Abd Majid, Mahmood (2007). ''Tajdid Fiqh Al-Imam Al-Syafi'i''. Seminar pemikiran Tajdid Imam As Shafie 2007.
* al-Shafii, Muhammad b. Idris, "The Book of the Amalgamation of Knowledge" translated by A.Y. Musa in ''Hadith as Scripture: Discussions on The Authority Of Prophetic Traditions in Islam'', New York: Palgrave, 2008

External links

Shafi'iyyah (University of Cumbria)

{{DEFAULTSORT:Shafi'i

Madhhab
Sunni Islamic branches
Schools of Sunni jurisprudence
Sunni Islam