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1. INTRODUCTION
In this report, I would like to start off by stating how powerful Islam as a religion is. It is the
only true religion from Allah as it basically means “Submitting or surrendering one’s will to
the wills of God (Allah)*. It is the innate character of human being, Muslim particularly to
submit the worship of God. This feeling is instilled in him or her from the day of birth. In
reality, the whole universe is the creation of God (Allah) and working with the Will of God.
Though the modern science claims all these phenomena as Law of nature but it’s actually is
Law of God for nature. Basically we as Muslim depend on God sustenance and guidance
throughout our entire life. Now who are Muslims? What are we?
We Muslims are followers of the religion of Islam those who submit to the will of God as
explained in our primary and secondary sources with is the Holy Quran and the traditions
of our beloved Prophet Muhammad, the messenger of Islam. Muslims in Population
consists of more than 10 billions and it spreads to all kinds of race, nationality and cultures.
Besides Arab countries, majorities of Muslim are in Asia and Africa. With the vast numbers
of Muslims, are they entitled to follow one of the Madhabs which we are going to discuss
here mainly the four schools of thoughts (Hanafi, Hambali, Syafi’e and Maliki)? And what
are their contributions?
METHODOLOGY
Before we are heading into something else, it’s reasonable to understand the words
Madhhabs first. The word Madhhabs is extracted from the meaning to go’ or “to take as a
way”, in other words a Muslim can follow number of interpretive possibilities in
understanding the primary text of Quran and Hadiths. In a larger extent, it represents the
entire school of thought of particular imam (Mujtahid). They are in the likes of Abu Hanifa,
Maliki, Shafi’I and Hambali which is what we are going to discuss as we go along. They are
Mujtahid imam who as the explainer and who analyze the Quran and the Sunna in the
authorized Syariah rule which we can understand as Fiqh or Jurisprudence.
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For the existence of these four Madhhabs or we call the ‘school of thoughts’, we go back to
the early beginning of evolution of Islam. We already know that Islam is a religion directly
from Allah the Al-mighty and at the age of the prophets which is the time where the Islamic
law introduced. During the prophets (peace upon him) reign, he gave permission to invoke
his own reason only in cases where the Qur'an and the Hadith were found silent on a
certain issue. If the Qur'an is clear, the question of ijtihad does not arise. If the Qur'an is
silent and the Hadith is clear, the question of ijtihad does not arise again. It can be resorted
to only in case both the basic sources the Qur'an and the Hadith, are seen to be silent in
respect of the issue. In the end, we should like to briefly refer to ijtihad, an important
principle of Islamic jurisprudence. Ijtihad here means having personal opinions. It is also
meaning a religious duty and in fact a religious and collective obligation upon all qualified
persons in the event where an issue arises but no urgency encounter over the ruling (Rauf,
2005). If it’s in pressing situations, Ijtihad becomes personal obligation upon all qualified
Mujtahids. This is how it actually begins, which is by division of opinions.
These four schools happen to initiate during the golden period of the Abbasids. After the
death of Prophets Muhammad, these divisions of opinions created many jurists as well as
schools of Laws. Many of these schools became extinct with the death of their “followers”.
Followers here means the generation of the companions of the Prophet (Mahmassani,
2005). During the emergence of Abbasid state in the 8th century, the science of
Juresprudence Flourished and attained its Golden age. This is exactly the time when the
four schools of Sunni became widespread and from what I understand this is the part
where there is no more interactions between Mujtahids or “Tokoh-Tokoh Islam” and
originate the “Great wall of China” between them. All of these schools namely Hanafite,
Shafite, Malikite and Hambalite have their own traditions, commentaries which are written
and the science of Law which are compiled.
2. FINDINGS
2.1Brief information and history of existence of the four schools of Islam.
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2.1.1 The Hanafi school is the first of the four Sunni schools of Law. It is distinguished
from the other schools through its placing less reliance on mass oral traditions as
source of legal knowledge. It developed the exegesis of the Quran through a method or
analogical reasoning known as Qiyas. It also established the principle that the universal
concurrence of the Ummah (community) of Islam on a point of law. The process are
called Ijma, which is the consensus of the scholars. Thus the school definitely
established Quran, the traditions of the prophet, Ijma’ and Qiyas as Basis of Islamic law.
Imam Hanafi accepted local customs as a secondary source.
The Hanafi School of law was founded by Abu Hanifah (d.767) in Kufa in Iraq. It derived
from the bulk of the ancient school of Kufa and absorbed the ancient school of Basra.
Abu Hanifah belonged to the period of the successors (tabiin)of the Sahabah (the
companions of the Prophet). He was a Tabi'i since he had the good fortune to have lived
during the period when some of the Sahabah were still alive. Having originated in Iraq,
the Hanafi school was favoured by the first 'Abbasid caliphs in spite of the school's
opposition to the power of the caliphs.
The privileged position which the school enjoyed under the 'Abbasid caliphate was lost
with the decline of the 'Abbasid caliphate. However, the rise of the Ottoman Empire led
to the revival of Hanafi fortunes. Under the Ottomans the judgement-seats were
occupied by Hanafites sent from Istanbul, even in countries where the population
followed another madhhab. Consequently, the Hanafi madhhab became the only
authoritative code of law in the public life and official administration of justice in all the
provinces of the Ottoman Empire. Even today the Hanafi code prevails in the former
Ottoman countries. It is also dominant in Central Asia and India.
2.1.2. Maliki school of law is the second of the Islamic schools of jurisprudence. The
sources of Maliki doctrine are the Qur'an, the Prophet's traditions (hadith), consensus
(ijma'), and analogy (qiyas). The Malikis' concept of ijma' differed from that of the
Hanafis in that they understood it to mean the consensus of the community represented
by the people of Medina. (Overtime, however, the school came to understand consensus
to be that of the doctors of law, known as 'ulama.)
Imam Malik's major contribution to Islamic law is his book al-Muwatta (The Beaten
Path). The Muwatta is a code of law based on the legal practices that were operating in
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Medina. It covers various areas ranging from prescribed rituals of prayer and fasting to
the correct conduct of business relations. The legal code is supported by some 2,000
traditions attributed to the Prophet.
Maliki school of Law was founded by Malik ibn Anas (c.713-c.795), a legal expert in the
city of Medina. Such was his stature that it is said three 'Abbasid caliphs visited him
while they were on Pilgrimage to Medina. The school spread westwards through Malik's
disciples, becoming dominant in North Africa and Spain.
Syafi’e school of law was the third school of Islamic jurisprudence. According to the
Shafi'i school the paramount sources of legal authority are the Qur'an and the Sunnah.
Of less authority are the Ijma' of the community and thought of scholars (Ijitihad)
exercised through qiyas. The scholar must interpret the ambiguous passages of the
Qur'an according to the consensus of the Muslims, and if there is no consensus,
according to qiyas.
2.1.3. The Shafi'iyyah school of Islamic law was named after Muhammad ibn Idris al-
Shafi'i (767-819). He belonged originally to the school of Medina and was also a pupil of
Malik ibn Anas (d.795), the founder of Malikiyyah. However, he came to believe in the
overriding authority of the traditions from the Prophet and identified them with the
Sunnah.
Baghdad and Cairo were the chief centres of the Shafi’e. From these two cities Shafi'i
teaching spread into various parts of the Islamic world. In the tenth century Mecca and
Medina came to be regarded as the school's chief centers outside of Egypt. In the
centuries preceding the emergence of the Ottoman Empire the Shafi'is had acquired
supremacy in the central lands of Islam. Today it remains predominant in Southern
Arabia, Bahrain, the Malay Archipelago, East Africa and several parts of Central Asia.
2.1.4 The Hanbali School of law is the fourth school of law within Sunni Islam. It derives
its decrees from the Qur'an and the Sunnah, which it places above all forms of
consensus, opinion or inference. The school accepts as authoritative an opinion given
by a Companion of the Prophet, providing there is no disagreement with anther
Companion. In the case of such disagreement, the opinion of the Companion nearest to
that of the Qur'an or the Sunnah will prevail.
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The Hanbali school of law was established by Ahmad b. Hanbal (d.855). He studied law
under different masters, including Imam Shafi'i (the founder of his own school). He is
regarded as more learned in the traditions than in jurisprudence. His status also derives
from his collection and exposition of the hadiths. His major contribution to Islamic
scholarship is a collection of forthy-thousand traditions known as 'Musnadul-Imam
Hanbal'.
In spite of the importance of Hanbal's work his school did not enjoy the popularity of
the three preceding Sunni schools of law. Hanbal's followers were regarded as
reactionary and troublesome on account of their reluctance to give personal opinion on
matters of law, their rejection of analogy, their fanatic intolerance of views other than
their own, and their exclusion of opponents from power and judicial office. Their
unpopularity led to periodic bouts of persecution against them.
2.2 Contribution by the four schools of Islamic Law.
Hanafi School of Law contributions.
If we analyse back the history of Islam few centuries ago, we’ll understand that the jurists
during the era of tabien and Tabi’ Tabien are divided into two parts. They are called ‘Ahli
Hadith’ and ‘Ahli Akal’. These two believers has been debating intensely in making sure
that they are the one who’s right or should be referred to.
We understand that Prophet Muhammad has lived in both Makkah and Madinah in the
majority of his life. These two places are the central of hadith. That the reason how ‘Ahli
Hadith’ existed, and this is also why most of the problems arise before are handled by the
use of Hadith (tradition of Prophet).
As for the other division, the Jurists in Iraq use the methods of precedent cases that are
solved by the Hadith (tradition of Prophet) before or similar cases that happened before
and employ it to current problems. It is not simply by using their minds to solve it. One of
the reasons why this group exists is the lacking of influences on Hadith (tradition of
Prophet) in that particular country. Imam Hanafi lives and breathes in the city of Kufah
which is why he is more into Ahli Akal.
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He is more integrated with Qiyas. He often involved in debates such as against the
Mu’tazilah, The Syiah, Qadariah and many others. This is one of his main contributions as
most of his Madhabs consists of Qiyas. Qiyas here means as Analogy, in Islamic definition, it
is how the Jurists or Doctors of laws seeking solutions by the use of Logic, reasoning and
opinion based on analogy in the scientific rules and premises. This caused by the existing
new cases which are not provided in the Quran, Sunnah, consensus of opinions, and the
companions of the Prophet (Rauf. 2005) it is the fourth source of Islam (Haji Hassan, 2007)
One important contribution which I want to highlight is Imam Hanafi being a famous
teacher in the city of Kufah. His name spread throughout the Arab countries, and his has
successfully create his on Madhab, which known as Madhab Hanafi. All kinds of students
want to become his students even those who are already an expert jurist at that time. And
because of his love for debates, he used this approach to teach his students and not to just
consume everything from his teaching but to gives their own opinions.
This contribution leads to encouragement for those students to improve the knowledge
vastly and learn the Subject of Islam endlessly. His teachings brought about famous
students who again continue contributions in teaching of Islam. If there were problems,
huge problems particularly, he used to have a meeting (Muzakarah), or exchange opinions
(Munazarah) and Debate (Mubahasah) to solve it. He doesn’t like students who like to
follow him 100% (Taqlid) but to do research and analyze before making decision. This
leads to advancement in human-being specifically in the search of Knowledge.
2.2.1. Books and articles.
In the history of Imam Hanifah, when he is already old and weak and no longer is
active in his creating his own outputs, a class jurists emerged who are his students
with the likes of Abu Yussof, Imam Muhammad Bin Hassan Asy Saibani compiled all
the fatwas and Ijtihad of Imam Abu Hanifah (Imam Hanafi). One of the main books is
Kitab Al-Kharaj. it is the book of reference in the Hanafi School. This book is
embodying his views on taxation and fiscal problems of the state and also testifies the
extensive knowledge, depth and thoroughness by Abu Yussof. There are many others
books that contributed to the society of Islam in the world such as book by Imam
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Muhammad Bin Hassan Asy Saibani. Most of his books are relating to laws of
inheritance (Haji Hassan,2007).
The methods of his Maddhab are based on Al-Quran, then the traditions of prophet,
Fatwas of companions, then Qiyas, Istihsan (best opinion made up by Imam Hanafi and
finally the culture.
2.2.2. Places which are contributed by Hanafi School
In general the Hanafi school has contributed the teachings to the Muslims in Algeria,
Tunisia, Syria, Iraq, Afrika, India, Pakistan, Turki, Afganistan, Balkan, Turkestan,
Armenia and others. In India, the followers are approximately 48 millions lives (Haji
Hassan, 2007). Till nowadays the followers of Hanfi School are almost quarter of
Muslims Population.
2.3. Maliki School of Law contributions.
Imam Maliki as the fouder of Maliki School are well known of his genius in the way he
is capturing knowledge. He at 17 years old already establishes his own school of
knowledge. Like Hanafi, the students are not only normal students but well known
Jurists all over the country. He was given acknowledgement by the teachers to have his
own school of knowledge at that age. His school of Knowledge was at Prophet’s
Mosque at first then carried on to his own place. Here he gave or send out his fatwas to
the people which basically based on fatwas by Saidina Umar dan Ibnu Mas’ud.
2.3.1. Knowledge on Hadith (Tradition on Prophet Muhammad).
His contribution very much goes to his expertise in Hadith (Tradition on Prophet
Muhammad). His genius mind in ‘Hadith’ established his as the top Jurists amongst
others at that time. He became the person who most of these jurists refer to and he has
8
the capacity and authorization to compile every ‘Hadith’ on Prophet Muhammad into a
book. No one at that time resisted his expertise on ‘Hadith’ as claimed by Madhabs
before him.
The methods of giving his fatwas are different to Imam Hanafi who relies on Analogy
(qiyas). Imam Maliki likes to answer problem which are currently arising or yet to
arise as he only want to answer questions which are valuable (haji Hassan, 2007).
2.3.2. Books and articles.
He has created one of his own Book, ‘Kitab Muwatta’ and infact it is the most
important Book by Imam Maliki. He has taken 40years to complete this book. This
book are as a reference to the Maliki School as it consists of the Hadiths on the
prophets and other Fatwas by close friends (companions) and Tabien (Haji Hassan,
2007).
He has compiled 10,000 Hadith which was initially 100,000 of Hadith. It was analyzed
deeply and carefully before he eliminated all other Hadiths. Then it was again reduced
to 500 after checked and synchronized with the Quran before it was inserted to his
main Book mentioned above (Tarikuddin, 2007).
This book has contributed so much to the Muslim world as it consists of the sayings of
Rasulullah saw, and the Fatwas. Nowadays the contents are as basically 600 Hadith
Musnad (the Prophet), 222 hadith Mursal (Companions), 613 hadith Mauquf (Words of
Companions) and 285 hadith on words of Tabien (Haji Hassan, 2007). This book gives
vast knowledge to the followers of Maliki School.
The methods of his Maddhab are based on first Quran, ‘Hadith’, Ijma (Doctors of Laws
decision), Qiyas(Analogy), Maslahah al Mursalah (avoiding terrible things).
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2.3.3. Places which were contributed by Maliki school.
As I have understood, Imam Malik lives and teaches in the city of Madinah but his
Maddhabs or school has spread very quickly to Egypt. It spread as the students who
learnt from him returned to their native country and continues his teachings to the
people. In Egypt however he was challenged pretty heavily by Imam As-Syafie and his
power has been diminishing. He then revitalized his Authority in the 556 hijrah with
the rising of Ayubiyyah. The ruler of the dynasty helped his built a school to teach
which is called as ‘Al Qumhiyyah’.
As in Spain, he was helped by several well known individuals his spreading his
teachings and authority. Those are in the likes of Khalifah Hisyam and the ruler. They
also appoint other jurists in support of Imam Maliki teachings. Nowadays Maliki school
influences are not much as before but still contributed to some of the countries in
Morocco, Libya, Tunisia, Palestine, Hedjaz and others.
2.4. Syafi’e School of Law contributions.
If Imam Syafie to be compared with the previous Imams, he was more moderate in
terms of spreading his Maddhab. This make easier for followers to understand his
Fatwas especially in our part of the world such as Brunei, Malaysia, Thailand,
Indonesia, Kemboja, Filipina and others who love moderation. He applied his moderate
approach in Quran understanding and ‘Hadith’ analysis. In terms of learning
knowledge, he is very much differ to both Imam Hanafi and Maliki as he preferred to
travel all over the Arab countries and Persian in efforts to get more knowledge’s. This
is how he gathered his vast knowledge on Islam and better understanding of Al-Quran
and ‘Hadith’.
He is very interested in poems. This caused most jurists and Doctors of Laws went
against him because for them its useless to study poem. He stood strong on his views
about poems and he memorized a lot of poems during his time which is based on Islam
rules and principals. Here he contributed on summarizing numbers of Poems which
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are allowed and which are prohibited as for example poem on sexual elements, poems
which are meant to accuse Islam and few others (Haji Hassan, 2007).
2.4.1. Books and Articles.
As top Jurists he made significant contributions in terms of creating important articles
of his own which are used for reference for the followers of Syafi’e School in making
decision of Feqah or Islamic rulings. In his books, Imam Syafi’e also contributed by
giving his interpretations on rules based on Islamic sources. He wrote his books on his
own hands which he compiled every ‘hadiths’ and sayings of the prophet and not on
his Ijtihads. He also contributed in making Poems and articles on Fiqah. Two books he
created in Iraq are called ‘Qaul Qadim’ and In Mesir ‘Qaul Jadid’. Qaul Jadid are the one
are being used and acknowledged by himself to used by people all around the world.
Books that are still existed until know which has massive contributions to the Muslim
world are:
1. Kitab Ar- Risalah
Articles of how to set rules from the Quran, Sunnah, Ijma and Qiyas.
2. Kitab Az-Za’faran
Decisions made by Imam Syafi’e
3. Kitab Al-Umm
The biggest Fiqah Book made for Syafi’e School and considered as the mother of all
books referred by the followers. It also shows the proficiency in Fiqah Knowledge
which consists of Chapter Jamiul Ilmi (Prophet’s Sunnah), Chapter Ibtalul Istihsan
(Rules he set in Iraq), etc.
There are few others books and articles made by Madhab Syafi’e like Book of Ikhtilaful
hadith, Al-Musnad, Fiqah book, Faraidh (inheritance) and many others which are
useful for the followers (Haji Hassan, 2007).
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The Basics of his Maddhab is from Quran, next Hadith, then Ijma, Qiyas and Istidlal.
2.4.2. Countries which vastly contributed by Syafi’e School.
Iraq
Even though he is raised in Mekah and succeeded in giving his own fatwa at the
age of 15 he still based his teaching from other Top Jurists such as Imam Sufyan
and Imam Muslim. In Iraq he began to spread he’s own Madhabs and only
succeeded for his third attempts, he open his own school to teach people in Iraq
which then he’s school were called ‘Qaul Qadim’. It also means decisions on rules
are based on the minds of Imam Syafie. It started to grow rapidly in Iraq.
Egypt
He then went to Egypt but had to change his Madhab which are suitable with the
people there. The Ijtihads he had in Iraq are not applicable in that country. His
Madhab were then called as ‘Qaul Jadid’ or a new ways of thinking by Imam
Syafie.
Due to his expertise and his determination in spreading his Madhab, most
followers from Hanafi School and Maliki School transferred to follow his instead.
Other countries.
Beside Egypt and Iraq, Syafi’e school has followers in Kota Merw, Tauran, Sri
Langka, Farsi, Hijaz, Kurdi, then spreading more to our area of the world such as
Brunei, Malaysia, Thailand, Philipines, Indonesia, Burma, Laos and other
countries
2.5. Hambali School of Law contributions.
Hambali is from City of Baghdad, he is similar to Madhab Syafi’e as he went out of the
city to further his knowledge. He works really hard to find ‘Hadiths’ outside of Baghdad.
He memorized a lot of ‘Hadith’ which were approximately 1 million of them.
He only becomes a teacher at the age of 40, because he wants to make sure that he was
ready to give out Fatwa and Ijtihad like other Mujtahids. He wants to be a teacher who
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can form his own Maddhab and interprets the rules and principals by the primary
sources.
2.5.1. His bravery on holding firm on his faith on the theory of Quran creation.
Imam Hambali has rejected the theory of he creation of Quran and was asked to accept
it by Caliph Al Wathiiq. Due to his resistance he was presecuted, beaten and imprisoned
(Mahmassani, 2000). He was tortured purely on political reasons. And due to his
stubbornness, others were sacrificed and murdered. This showed how the integrity and
how fearless was Imam Hambali. This is one highlight of his contributions towards
Islam.
2.5.2. Books and articles.
He was also very careful in giving out Fatwas which are reflected in his contributions of
his own books. It is known there was only one ‘Hadith’ book which was finished by
Imam Hambali. This particular book is called ‘Al- Musnad. There were more articles
such as ‘Tafsir Al-Quran, Jawabatul Quran, Al-Tarikh, At-Taatur Rasul, Al-Zhud, Al-
Masail, Fadhil, and many others which were written by Imam Hambali. All these books
are as reference to his followers. He has vast knowledge on Quran and ‘Hadith’ or
tradition on the prophets (Haji Hassan, 2007).
In the Book of Musnad, he has inserted 40,000 hadith from the millions of Hadith he
memorized before. All the contents of this book are source of his ruling in developing
his own Madhab. The contents are properly justified in sequences particularly the
names of companions of Prophet Muhammad.
His Maddhab are based on Quran, ‘Hadith’, Fatwas on companions who are in peace or
not, Hadith Mursal & Hadith Dhaif and finally Qiyas.
2.5.3. Contributions to parts of the world.
Hanafi school however are the least spreading sunni school. It begun very slowly
starting from Baghdad and continue outside Iraq during the forth century and in Egypt
during the sixth century (Mahmassani, 2000). More followers are found in Qatar and
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Bahrain, Aqur, Dailam and Rahab. Arab Saudi also follows Hambali School and called
them as Madhab Wahabi (Haji Hassan, 2007).
3. Conclusion.
From the information laid above, I can understand how different in the way they
contributed to the populations of Muslim, most of them contributed their Maddhab by
teaching and spread out by their students, each of them have their very own book for
reference to the followers and their influences are divided to different part of the world.
After studying the four schools of laws, I understood that we as Muslim are obliged to
follow one of the Maddhab considering where we live and stay. Referring to Maddhab is
considered as the third knowledge after Quran and ‘Hadith’. It’s their interpretation which
was important to us the followers as they are well thought-out as the Mujtahid of Islam. As
in Quranic Verse," Ask those who recall, if you know not " (Qur'an 16:43), and in Surat al-
Nisa, " If they had referred it to the Messenger and to those of authority among them, then
those of them whose task it is to find it out would have known the matter " (Qur'an 4:83). It
basically means that we can refer to those who have the capacity to draw inferences
directly from Primary Sources of Islam. It is not difficult to see why Allah has obliged us to
ask experts.
Now, if you asked me should it be applicable nowadays for these four Madhabs? I’ll answer
yes definitely but it depends on where you are. If we are in Brunei Darussalam for example,
we know the Shafi’e school is dominant in this part of the world so we have to follow
Shafi’e rules. It is the same goes to people in Turkey who follows Hanifah School,
Moroccans following Maddhab Maliki, and others following Hambali. All of these School of
Laws have different opinions on current issues that we have encountered, currently facing
or yet to be encountered. It can be on social issues, trading activities and moral issues. As
we are facing different kind of issues which are not clear on how to find the solution
nowadays, we refer to these Mujtahids Book or School. For example in moral issue,
(gambling ) The first form of gambling is when no party is obliged to pay any amount for
14
certain; rather, the payment of each party is dependent upon a uncertain event in the
future. In this case, the gambler does not stake his money initially, rather the money is put
at stake by promising to pay later. For example, A and B compete in a race, with the
promise of the loser paying the winner $100. In this example, there is no certainty of
payment from any one party; rather the payment is contingent from both sides on winning
and losing. Also included in this category is the betting that takes place in horse-racing and
various other sports. For example, A says to B that if team X wins the match, I will pay you
$100, but if team X loses, you will have to pay me $100. This will be gambling, hence
unlawful. It is for this reason, Sayyiduna Ali (Allah is pleased with him) said: Chess is the
gambling of non-Arabs. (Al-Bayhaqi in his Shayb al-Iman)
However, it should be noted here that in order for this type of betting to be considered
gambling, there should be a two-way bet. If a one-way bet is made, it will not be considered
gambling, hence lawful. Also, if a third person not taking part in the sport vows to give the
winner a prize, then this is also permitted and not considered to be gambling, provided the
participants do not have to pay anything to enroll into the competition. This is based on
Hanafi viewpoint; it will be slightly different for other Maddhabs.
As for trading activities issues, one example can be use here are how our Maddhab gave his
standpoint. For example by earnings from a job that involved some unlawful activities. Let
just say I’am working in restaurant which sale both Halal and non-halal foods. The money
that I earn from this kind of job is lawful, albeit of doubtful lawfulness. What this means is
that I will be prohibited to give the money away in charity. The only thing that is obligatory
on me is to regret from the specific unlawful things that I did while on the job. One of the
conditions of such regret is that for me to stop working in such a restaurant. Again other
Maddhabs will have different views on this.
As for Law, back to Hanafi school decisions on some issues especially on theft. Based on
Quranic Verse:
“As to the thief, male of female, cut off his or her hands. A punishment by way of example, from Allah, for their crime “ (Surah al-Maidah, 38).
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The penalty for the one who steals (when the above conditions are met) is that his/her
right arm is amputated. If a person steals a second time, his left foot is amputated; if a third
time, then he will be imprisoned until he repents, but no further amputation will take place.
Finally on social issues, one interesting example here can be discussed here is on the social
interaction between opposite sex or confusion on limits to talking to the opposite sex.
There are several verses of Quran that we can touch on based on Syafi’e school. One of it is
as following.
"Say to the believing men that they should lower their gaze and guard their modesty: that will
make for greater purity for them: And Allah is well acquainted with all that they do. And say
to the believing women that they should lower their gaze and guard their modesty; that they
should not display their beauty and ornaments except what (must ordinarily) appear thereof;
that they should draw their veils over their bosoms and not display their beauty except to
their husbands, their fathers..." [Al-Nour, 24: 30-31]
And another Hadith that can be related is:
"When a man and woman are alone together, Satan is the third." [Tirmidhi]
Under Maddhab Syafi’e it is crucial to know each other but that must be done within certain
limits. For example, it is fine for us to get to know each other in the presence of family
members. However, be cautious about online chatting, as mentioned before. Also, be
cautious about unsupervised telephone conversations. In principle, there is nothing wrong
with talking on occasion, particularly if we have something important to discuss. However,
the limits of propriety must be observed. If we are to talk on the phone, it should be with
the permission of your wali or parents. Furthermore, we should avoid talking to him or her
when we are alone.
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4. Recommedation.
I am sometimes rather doubtful about the strength of Muslims nowadays compared to past
during the learning of Islam were very robust and vigorous. There is lacking of analysis of
the primary sources now compared to before or even to study Islam as a religion. People
nowadays just accept that they are belong to one of the school and never bother to analyze
why they are following the school (Taqlid).
The first condition for, I would say really the, in order to build Muslim unity today, to take
us back to the theme of the conference, or discussion, in other word breaking the ‘Great
wall of China’ between the schools. the first condition has to be to reestablish a coherent
system of interpretation in the Divine, of the Divine Lawgiver's messages to us along these
lines. Unless we do so, we will have not four madhhabs in their usual, traditional condition
of harmony. We will be going to have as many madhhabs as we have Muslim egos. That
precious thing called Muslim unity is going to be lost forever, and the religion will slip ever
more disastrously into the extreme and violent direction.
Islam is a gift and a very special religion. This is how we have to see it. It is our most
precious possession. It is through Islam that we strive for peace and justice and harmony
in the world and it is through Islam that we strive also for eternal joy and serenity in the
presence of our Creator. Now its time to act to save this gift before it’s too late. There is a
real danger that this gift will be taken away from us. We must try to recreate that
extraordinary methodology incarnated in the four Madhhabs of Sunni Islam, championed
by the great Imams of our history, and which underpinned our unity for so long.
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Reference
References:
Rauf, F. A, 2002: Yayasan Dakwah Islamiah Malaysia,2002.
Mahmassani, S, 2000. Open press (M) Sdn Bhd), p.13-33
Haji Hassan, Perniagaan Jahabersa, 2007
www.sunnipath.com
http://muslim-canada.org/contribution_shafi.html
http://suzyashraf.tripod.com/htm/_ed._Syed_Mumtaz_Ali.htm
http://muslim-canada.org/contribution_shafi.html
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