Introduction

In the name of Allah, the Most Merciful, the Compassionate

Madhhab or Mazhab is a transliteration of the Arabic word which means

doctrine. In Syariah terms, Madhhab is refers to a Muslim school of law or Fiqh. In other words, Madhhab is a fanatical denomination of religious jurisprudence. These schools of law emerged as a result of different views in understanding the meaning of the al-Quran and Sunnah. Madhhab is a method of interpreting religious material in the three major areas: belief, religious practice and Islamic law.

The Sahabah, or Companions of Prophet Muhammad, founded many of the different Madhhabs that have survived to this very day. Among the Madhhabs recognized under the Amman Message of 2004 are: Madhhab Shafiie (Sunni) Madhhab Maliki (Sunni) Madhhab Hanafi (Sunni) Madhhab Hanbali (Sunni) Madhhab Jafari (Shiah) Madhhab Zaydi (Shiah) Ibadi Zahiri

With reference to the Amman Message1 issued by King Abdullah II bin Al-Hussein of Jordan on the 9th of November 2004, leading Islamic scholars or ulama from all over the world gathered in Amman and unanimously declared that all 8 Madhhab of Sunni, Shiah, and Ibhadi Islam, as well as of Islamic Theology (Asharism), of

The Amman Message; The Royal Aal Al-Bayt Institute for Islamic Thought 1

Islamic Mysticism (Sufism) and of true Salafi thought, were to be recognized as valid schools of thought and that it was forbidden to declare apostasy of the followers of these schools of thought. Besides the Sunni, Shiah and Ibadi denominations, there also exists Sufism or taawwuf ( ) which is defined by its adherents as the inner, mystical dimension

of Islam. It is also known as Islamic Mysticism. The classical Sufi scholars have defined it as a science whose objective is the reparation of the heart, and turning it away from all else but God.2

Sufism is sometimes defined by mainstream Islamic scholars simply as the name for the inner or esoteric dimension of Islam. According to Idries Shah, a renowned author for his works on mysticism, psychology and spirituality, the Sufi philosophy is universal in nature, its roots predating the rise of Islam and other modern-day religions, save for perhaps Buddhism and Jainism.3

The Amman Message stressed the need to re-emphasise Islam's core values of compassion, mutual respect, tolerance, acceptance and freedom of religion. This is especially important as the global Muslim community continues to grow.

Figure 1: The Muslim population of the world map by percentage of each country, according to the Pew Forum 2009 report on world Muslim populations. The current population of Muslims worldwide is approximately 1.57 million people.
2

The Principles of Sufism; Ahmed Zarruq, Zaineb Istrabadi, Hamza Yusuf Hanson 3 The Sufis; Idries Shah 2

Islam today is divided into three main ideological divisions, which are Traditional Islam, Islamic Modernism and Islamic Fundamentalism. Traditional Islam accounts for 96% of the worlds Muslims. Under Traditional Islam, there are three further branches of Islamic denominations. These are:

Sunni

Figure 2: The Sunni denomination of Islam and its branches of religious jurisprudence

Sunni Islam is the largest branch of Islam, comprising of 90% of the worlds Traditional Muslims. Sunni Muslims are referred to in Arabic as the Ahl s-Sunnah wa l-Jamah ( ) or Ahl s-Sunnah ( ) which mean the people

of the tradition of Muhammad and the community. In English, they are known as Sunni Muslims, Sunnis or Sunnites. Sunni Islam is also known as Orthodox Islam. The term Sunni is derived from the word Sunnah, which refers to the sayings and actions of Prophet Muhammad that are recorded in the hadiths, particularly those recorded in Sahih al-Bukhari and Sahih Muslim.

The 500 Most Influential Muslims in the World 2009; The Royal Islamic Strategic Studies Centre 3

 Shiah

Figure 3: Demographics of Shiah Muslims

Shiah Islam is the second largest denomination of Islam, with about 9.5% of the worlds Traditional Muslims as followers. Shiah Muslims are referred to as Shites or Shias. The word Shia means follower, and is derived from the historic phrase shatu Al ( ) which means followers of Ali. As in all other schools of thought in Islam, Shiah teachings are based on the alQuran, and hadiths. However, Shiah Muslims believe that only Allah the Almighty has the right to choose representatives to safeguard Islam, and hence only Allah may choose a vicegerent, or caliph, on Earth. Hence, Shiah Muslims reject the selection of the Abu Bakar, Umar, and Uthman bin Affan as Caliphs, as well as Ali as the fourth Caliph. Rather, they believe Ali to be the first Imam, and that Ali is al-insan al-kamil, or a perfect man and that he is infallible and free from any error or sin.

Ibadi

Figure 4: Description of the Ibadi school of thought

The 500 Most Influential Muslims in the World 2009; The Royal Islamic Strategic Studies Centre 6 The 500 Most Influential Muslims in the World 2009; The Royal Islamic Strategic Studies Centre 4

The Ibadi movement, or Ibadiyyah (

)is a form of Islam distinct from the

Sunni and Shiah denominations. Only about 0.5% of the worlds Traditional Muslims practice Ibadism, most commonly in Oman, Zanzibar and other parts of Africa. It is also practiced in certain parts of Algeria, Tunisia and Libya.

Believed to be an off-shoot of one of the earliest schools, the Khawarij, Ibadism is believed to have been founded shortly after the death of Prophet Muhmmad.

For the purpose of this project paper, we shall focus on Sunni Islam and its four main denominations.

Sunni Islam
Sunni Islam is the main branch of Islam practiced throughout the world, practiced in countries such as Indonesia, Bangladesh, Egypt, Sudan, Algeria, Sierra Leone, Qatar, Turkey and the Maldives. Even here in Malaysia, the Sunni denomination prevails over all others.

Figure 5: Ahlu Sunnah, People of the Sunnah

The largest Muslim country in the world is Indonesia, followed by Pakistan, India and Bangladesh, all of which practice Sunni Islam. The majority of Muslims are Sunni Muslims, with only about 10% - 20% of Muslims practicing Shiah or Ibadi Islam. The term Sunni originated from the word Sunnah, the Sunnis were referred to as the Ahl s-Sunnah wa l-Jamah ( .) Sunnah refers to the

established practice of Prophet Muhammad, including his statements, actions and tacit approval, which in itself is considered a form of revelation (wahyu). Jamaah refers to the earliest community of Muslims, as in the prophetic companions (Sahabat). Hence, in general, the term Ahl s-Sunnah wa l-Jamah means in very simple terms that Sunnis are Muslims who adhere strictly to the prophetic practice of Islam as understood by the earliest and most righteous generation, following their methods and teachings implicitly.

Sunni Islam is divided into four main schools of thought, namely Madhhab Hanafi, Madhhab Shafiie, Madhhab Maliki and Madhhab Hanbali. The Zahiri school of thought is also classified under the Sunni denomination. These schools of thought are not sects, rather they are merely different schools of religious jurisprudence, which although differ in their opinions on specific laws and obligations of Syariah, the core Islamic belief is the same in all four madhhab and all four madhhab consider each other to be fully valid and accepted. The four madhhab are practiced alongside in peaceful harmony and there is no doubt as to their legality or validity. These four mainstream schools of Sunni jurisprudence were named after their founders, who were sometimes called the AlImmah Arbaa, or the Four Imaams of Fiqh.

In general, adherents of Sunni Islam base their practices and faith on the primary sources of revelation: the al-Quran and the as-Sunnah. Consequently, Sunnis believe in all that is presented in the al-Quran and the Sunnah, whether it be in terms of acts of worship (commonly referred to as the Five Pillars of Islam), or doctrinal teachings (commonly referred to as the Six Pillars of Faith).

Sunni Muslims believe their religion to be from revealed sources and therefore is a complete and perfect religion, or kamil, having been perfected by Allah through His Prophet. In Sunni belief, the concept of infallibility or isma (being divinely bestowed freedom from error and sin) in religious matters is for the Prophet alone.

With regard to the nature of faith or iman, Sunnis consider it to consist of three elements: belief in the heart, affirmation of the tongue and its manifestation in taking action by performing the commands of Allah the Almighty.

At a political level, Sunnis believe that imamate, or caliphate is established either by the consensus of the community (ijma al-umma) or a pledge of allegiance from those charged with authority. Thus, once a legitimate imam-caliph takes office, it is impermissible to remove him from power unless he displays clear disbelief. As such the first four caliphs (the Khulafa al-Rashidun) are all considered legitimate and in fact rightly guided (rashidun).

It is also held that all the Sahabah or Companions of the Prophet were just and reliable, and that special reverence is to be given to his family, the Ahl al-Bayt, in particular his wives who are considered to be the mothers of the believers (ummahat al-muminin).

Madhhab Hanafi
Named after the Persian scholar Abu Hanifah, the Hanafi school of thought is known to be the oldest and by far, the largest. It has a reputation for putting greater emphasis on the role of reason and being more liberal than the other three schools. The Hanafi school also has the most followers among the four major Sunni schools. This is largely to its being adopted as the official madhab of The Abbasid Caliphate, the Ottoman Empire and the Mughal Empire. As such, the influence of the Hanafi school is still widespread in the former lands of these empires. Today, the Hanafi school is predominant in Pakistan, Afghanistan, Bangladesh, India, China as well as in Mauritius, Turkey, Albania, Bosnia and Herzegovina. It is also practised in large numbers in other parts if the Muslim world, particularly in parts of the Levant and Iraq.

Imam Abu Hanifah

Numan ibn Thabit ibn Zuta Ibn Marzuban was born in Kufa, Iraq during the reign of the powerful Umayyad caliph Abd al-Malik ibn Marwan. He lived for 70 years from 80AH 150 AH. He was well known for his intelligence, wisdom, knowledge and fear of Allah. Ash-Shafii once said: In Fiqh, all people are dependent upon Abu Hanifah. He had a fear of falling into error, which led to him refusing all the offers made by governors and the Caliph to appoint him to public offices, including the post of judge. Due to this, Caliph Abu Jafar al-Mansoor ordered that Abu Hanifah be put in jail, where he eventually died in 150 AH. He was a very scrupulously pious man, to the point that he refused Ibn-Hubayras offer of a judgeship even when the latter had him whipped. Other than that, like al-Bukhari and ash-Shafii, Imam Abu Hanifah used to make 60 complete recitations of the Quran every Ramadan; one in the day, one in the night, besides his other teaching duties. Many Scholars and other Imams spoke highly of him; Ibrahim ibn Rustum al-Marwazi said: Four are the Imams who were known to have recited the entire Quran in a single rakaat: Uthman ibn Affan, Tameem al-Daari, Saeed ibn Jubayr, and Abu Hanifah. Abu Muawiyah al-Darir said: Love of Abu Hanifah is part of the sunnah.

Sources of Evidence in the Hanafi School

1. The Quran
The Hanafi school had a specific rule of interpretation, quite different from other schools. The Hanafi Scholars have made a distinction between fardh and wajib. Those commands establish by the Quran are obligatory (fardh) and what is established in the sunnah is mandatory (wajib). For example, a legal rule that is conveyed in specific terms in the Quran is definite in meaning and is not open to further explanation. Any change in this legal ruling by another text would be abrogation, and for abrogation to take place the abrogate must be of the same strength as the abrogated. This is why the Hanafis did not regard intention for wudhu as wajib. It is additional information to already existing specific ayahs in the Quran, and moreover the ruling on intention is only found in an ahaad hadith (Bukhari #1).

2. Sunnah
Imam Abu Hanifah used to be very strict in matters of hadith because of the lack of reliable narrators in Iraq. He used to divide hadiths into three types: Mutawaatir, Mashhoor and Ahaad. He would accept Mutawaatir and Mashhoor but for Ahaad, he would put an extremely stringent conditions on acceptance, resulting in rejection of many of them. Some of the conditions he placed on ahaad hadith: Should not contradict that which is stronger than it. i.e. Quran and established hadiths (Mutawaatir or Mashhoor) Should not contradict the practise of the Companions, nor Ijmaa Should not contradict qiyas if the narrator is not a faqih Should not be something that should be well known and there is a great need Reject additional information provided by one reliable narrator, yet left out by other reliable students Narrator does not contradict his narration His strictness in accepting hadith was mainly due to the spread of fabrication in Iraq. The scholars defended Imam Abu Hanifah, such as Ibn-Khaldoon, who said: Imam Abu Hanifah did not have many narrations because of his stringent conditions on acceptance of hadith and strictness in weakening many of the narrators of hadith, it was not that he left narrations of hadith; he is far removed from that methodology.

10

3. Ijmaa
Types of Ijmaa according to the Hanafis: 1. Explicit Ijmaa 2. Tacit Ijmaa 3. Different views of the Companions. According to the Hanafis, to propose a new opinion that had not already been mentioned by the Companions would be contradicting ijmaa and therefore be false. Other specific conditions of the Hanafis: a) They accept ijmaa in all ages and not just the Companions. b) It is attributed to Imam Abu Hanifah that he did not accept a later ijmaa on a issue which was disputed during the time of the Companions. c) A passage of time was not a condition for the acceptance of Ijmaa.

4. Qiyaas
Imam Abu Hanifah felt no obligation to accept the deductions of the Tabioon (successors of the Companions) in areas where no clear proof was available. Qiyaas was a major source for the Hanafi school for several reasons: 1. Strict conditions of Imam Abu Hanifah for accepting hadith. 2. The extra emphasis given to finding the legal cause and purpose of the law. 3. The occurrence of new situations in Iraq that had no precedent in the Muslims previous experience.

5. Opinion of a Companion
Imam Abu Hanifah preferred strict adherence to the views of the Companions, and not to introduce a new opinion. He accepted the opinion of a Companion that cannot be deduced by qiyaas as evidence, and assumed that it was derived from the praxis of Allahs Messenger Rasulullah SAW. According to later Hanafis, the opinion of a Companion that can be deduced by ijtihad is also part of the sunnah.

6. Istihsaan
Because of the frequent use of qiyaas, the Hanafis also accepted istihsaan.

11

7. Urf (customs)
Local customs were given legal weight in areas where there were no binding Islamic rulings available. Imam as-Sarakhsi said: That which is known by the customs is similar to being a pre-condition in the Shariah. Ibn-Aabideen says about the mufti, The person who makes ruling must know the fiqh regarding the rulings of universal events and possess understanding of the actual situation and peoples circumstances in order to be able to distinguish between the truthful and liar, true and false and so forth. This when the mufti gives a fatwa based on custom, he must know the circumstance of the time and know whether this custom is general or particular.

Imam Abu Hanifahs effect on fiqh

He had a tremendous effect on a large number of scholars, such as Imam Abdullah ibn al-Mubaarak, Imam ash-Shafii, Imam Yahya ibn Saeed al Qattaan, Imam AbuYusuf, Imam Zufr, Imam Muhammad ibn al-Hasan, Imam Sufyaan ath-Thawri, and he also affected the madhab of Imam Ahmad. He expanded the boundaries of fiqh and extended its scope. His students took on positions of judgement in the Ummah, and as a result his madhab spread widely.

12

Madhhab Shafiie
Madhhab Shafiie is a school of fiqh named after its founder, Muhammad bin Idris al-Shafiie who also known as Imam Shafiie. He was a prominent figure in Islam juridicial matters, and his teachings as such led to the birth of the Madhhab Shafiie which has many adherents in India, Indonesia, Egypt, Somalia, Yemen and Malaysia. In the first century of the Great Seljuq Emprire, Zengid dynasty, Ayyubid dynasty and later the Mamluk Sultanate of the Abbasid Caliphate, the Madhhab Shafiie was adopted as the official madhhab. It has also been speculated that the Tung-kan of Xinjiang, also referred to as the Chinese Mohammedan, were originally Khorezmians, transported to China by the Mongols, and are descended from a mixture of Chinese, Iranian and Turkic peoples. The early European explorers reported that the Tung-kan were Shafiites, as were the Khorezmians.

Imam As-Shafiie
Imam Shafiie was born in 150 H in the small town of Ghizah, Palestine. He is a descendant of the Banu Hashim and of Abdul Mutalib. His lineage lines up with that of the Prophet Muhammads on his grandfather, Abdul Manafs side. Tradition says that he memorized the Quran at the age of seven; by ten, he had memorized the Muwatta of Imam Malik; he was a mufti at the age of fifteen. He was seen as one who was able to unite the Hadith and rational thought, as well as declare fiqh laws. He was also an accomplished archer, a poet, and some accounts call him the most eloquent of his time. Among the ranks of Imam Shafiies teachers are Imam Malik; the mufti and faqih of Mecca, Muslim bin Khalid az-Zanji; and Syaikhul Muhaddisin Sufyan bin Uyaynah. Through his exhaustive efforts, Imam Shafiie was able to collect and bring together the laws of fiqh, hadith, and human knowledge. He recited the al-Quran every day in prayer, and twice in a day in Ramadhan. He held a reputation as a very generous man, and some accounts claim that he was very handsome, with a neat beard of very black hair.

Fundamentals of Madhhab Shafiie

The fundamentals of this madhhab can be seen in the Usul al-Fiqh Ar-Risalah as well as the compilation of fiqh, Al-Umm. The aforementioned books contain

13

explanations from Imam Shafiie regarding the structure and principles of his madhhab, as well as several examples of how to summarise and understand the rules of Fariyyah. The main fundamentals, which followers of Madhhab Shafiie hold strong to, are:

1. The Quran
Imam Shafiie stated that the first place to search for any explanation or rationalisation in setting down Islamic laws was the al-Quran.

2. Sunnah
Imam Shafiie was extremely well versed in the as-Sunnah, to the extent that he was known as the Nashir as-Sunnah, the Defender of the Sunnah.

3. Ijmaa
The imaa which Imam Shafiie accepted as reasoning for a particular law were the ijmaa or concensus of all the Sahabah, and not merely the consensus of all the mujtahid of a particular time towards a particular law.

4. Qiyaas
Imam Shafiie rejected the principle of istihsaan and istilah as a way of laying down Islamic law.

Imam As-Shafiies Legacy

Imam Shafiie was well known as the first person to summarise the methodology of Islamic law. The Usl al-Fiqh, or methodology of Islamic rulings, was not heard of during the time of the Prophet and his Sahabah. This methodology was only discovered after Imam Shafiie had written his best known book the Ar-Risalah. Madhhab Shafiie is regarded as one of the most conservative among the Sunni schools of jurisprudence, mainly due to the fact that boundless Islamic knowledge has developed as a result of the methodology of Islamic rulings condoned by the adherents of this madhhab. At this point in time, Madhhab Shafiie is estimated to

14

make up 28% of the global Islamic population, making it the second largest madhhab after the Madhhab Hanafi. Imam Shafiie authored several books which are a keystone in understanding Islamic fiqh to this very day. He wrote over a hundred books, one of which is the Ar-Risalah, his best known book in which he examined the usul al-fiqh (sources of jurisprudence). He also wrote the Kitab al-Umm, his main surviving text on Shafiie fiqh, and the Musnad as-Shafiie, a comprehensive book of hadith. As a poet, Imam Shafiie had a great following, and the beauty of his poetry was immortalised in a famous book called the Diwan Imam al-Shafii. Many of his verses are popularly known and repeated in the Arab World as proverbs:
We blame our time though we are to blame No fault has time but only us We scold the time for all the shame Had it a tongue, it would scold us.

15

Madhhab Maliki
Madhhab Maliki is a predominant school of fiqh in the regions of North Africa, West Africa, the United Arab Emirates, Kuwait and some parts of Saudi Arabia. In the past, it also had a following in certain parts of Europe under the Islamic rule, particularly Islamic Spain and the Emirate of Sicily. Madhhab Maliki is the third-largest of the four schools under Sunni Islam. The Maliki school of jurisprudence is derived from the work of Malik ibn Anas, primarily the Muwattah and the Mudawwanah, as well as the Mukhtasar Khalil, a compilation of the reasonings of several of Imam Maliks students. Another basis of the Maliki school is the al-Mudawwanah al-Kubra, the collaborator work of Maliks longtime student, Ibn Qasim and his mujtahid student, Sahnun. Malik bin Anas died on Sunday, 14 Rabiul Awal, 179 AH at the age of 84 (Talib, 2011). He was buried at the famous Al-Baqie cemetery in Madinah. His loyal followers and disciples formed a Fiqh school, Mazhab, based on his Ijtihad which came to be known as the Maliki Mazhab. This Mazhab spread to Algeria, Andalus, Egypt, Iraq, Libya, Khurasan, Morocco, North Africa, Palestine, and Yemen (Ahmed, 2007; Talib, 2011).

Imam Malik
Imam Malik, born as Malik ibn Anas ibn Malik ibn Amr al-Asbahi, is known as the Sheikh of Islam, the Proof of the Community, and the Imam of the Abode of Emigration. His lineage can be traced to the al-Asbahi tribe of Yemen, but his family relocated to Medina after his great grandfather Abu Amir converted to Islam. He was once a highly respected scholar of fiqh under Sunni Islam, and was said to be a tall, heavyset man of imposing stature, fair skin and blue eyes. Imam Shafiie, who was one of Imam Maliks students for nine years, and a founder of his own madhhab, once stated, When scholars are mentioned, Malik is the star. He is regarded as one of the most highly respected scholars of fiqh in Sunni Islam. He founded the Maliki Mazhab which is one of the four schools of jurisprudence accepted by Muslims to this day. Malik bin Anas died on Sunday, 14 Rabiul Awal, 179 AH at the age of 84 (Talib, 2011). He was buried at the famous Al-Baqie cemetery in Madinah. His loyal 16

followers and disciples formed a Fiqh school, Mazhab, based on his Ijtihad which came to be known as the Maliki Mazhab. This Mazhab spread to Algeria, Andalus, Egypt, Iraq, Libya, Khurasan, Morocco, North Africa, Palestine, and Yemen (Ahmed, 2007; Talib, 2011).

Imam Maliks Education

He memorised the Quran at a very young age and learned under various renowned scholars including more than 100 sheikhs like his first teacher who was Imam Abdul Rahman bin Harmuz (Talib, 2011). He became an expert in every aspects of hadith. He researched thoroughly and carefully to ensure the quality and authenticity of the hadith. Due to his prominent expertise in hadith, many scholars from outside

Madinah sought for his views and opinions. Imam Malik spent 40 years of his life compiling, vetting, and filtering the hadith received from his teachers. He memorised as many as a hundred thousand hadith. However, not all were accepted to be adopted as a source of hukum. After they were filtered, only ten thousand were accepted as valid. Of the ten thousand hadith scrutinised and matched with the Quran, only five thousand were eventually recognised as the valid hadith of Rasulullah. These hadith were then compiled and organised into a book which is known as Al-Muwattak.

Imam Maliks Contribution

Imam Maliks biggest contribution towards Islam is the book Al-Muwattak or The Approved, which became the one of the most sought after reference book of the Muslims around the world until today. Al-Muwattak consists of sound narrations from the Prophet Muhammad together with the sayings of his companions, their followers, and those after them. Imam Malik showed the Al-Muwattak to seventy scholars of Madinah, and every one of them approved it, hence the name The Approved. The Al-Muwattak deals with ethical and religious matter in Islamic law. The contents cover rituals, rites, customs, traditions, norms and laws of the time of the Prophet Muhammad; dealing in a wide variety of issues relating to, among others, alcohol, the pilgrimage, sacrifice, intercourse, prayer and divorce (Bewley, 2008). It also becomes a great source of historical sociology of the Arabs. People from every school of fiqh and all of the Imams of hadith scholarship agree upon its reliability. Imam Shafi said, There is not on the face of the earth a book after the

17

Book of Allah which is more authentic then the book of Malik. His chain of narrators was considered the most authentic and called as Silsilat ul-Zhahab or The Golden Chain of Narrators by prominent scholars including Imam Al-Bukhari. In the Al-Muwattak, there are eighty narrations with this chain. The scholars whom Imam Malik narrated from in the Al-Muwattak were Ayyub al-Sakhtyani, Ja`far ibn Muhammad (Al-Sadiq), Zayd ibn Aslam, `Ata alKhurasani, Al-Zuhri, Ibn al-Munkadir, `Alqama, Nafi` the freedman of Ibn `Umar, and others. While those who narrated from Imam Maliks Al-Muwattak were AlZuhri, Ibn Jurayj, Abu Hanifa, Al-Awza`i, Sufyan Al-Thawri, Shu`ba, Ibn AlMubarak, Muhammad ibn Al-Hasan, `Abd Al-Rahman ibn Mahdi, Waki`, Yahya AlQattan, Al-Shafi`i, Ibn Wahb, Abu Dawud Al-Tayalisi, `Abd Al-Razzaq, and many others. According to one of Prophet Muhammads saying, Very soon will people beat the flanks of camels in search of knowledge, and they shall find no one more knowledgeable than the knowledgeable scholars of Madinah" (Haddad, 2008). This is especially true after the death of Prophet Muhammad where people will travel in search of knowledge or guidance and they will not find other scholars more knowledgeable other than those in Madinah. Al-Tirmidhi, Al-Qadi `Iyad, Dhahabi and others relate from Sufyan ibn `Uyayna, `Abd Al-Razzaq, Ibn Mahdi, Ibn Ma`in, Dhuayb ibn `Imama, Ibn Al-Madini believed that the scholar most likely referred to in Rasulullahs saying was Imam Malik.

Controversy and Characteristics

Like all scholars of Islam, Malik bin Anas was famous piety and integrity. During the reign of Khalifah Al-Mansour, everyone was forced to obey him without question. During one of Imam Maliks teaching sessions, he answered a question from one of the students regarding divorce matters. He answered with a narration from the hadith that states "the divorce of the coerced does not take effect" (laysa `ala mustakrahin / li mukrahin talq). He related this hadith to issue a fatwa saying that when the governor of Madinah demanded and forced people to take the oath of allegiance to Khalifah Al-Mansour, such oath was not binding as it was given under coercion.

As Imam Malik was afraid only of Allah, he bravely stood up against Khalifah AlMansour and was prepared to face any consequences of his conviction. As a resulted, this motivated many people to have the courage to express their opposition towards

18

Khalifah Al-Mansour. However, Imam Malik was arrested, found guilty of defiance, and publicly flogged (Ahmed, 2007). He was seized and lashed until one of his shoulders was dislocated and passed out. Despite the sufferings, he was still adamant with his original fatwa and refused to change as the Khalifah wished. On hearing the news of this act of bravery, the cousin of Khalifah Al-Mansour was moved and hence, ordered for the release of Imam Malik. Khalifah Al-Mansour later apologised to Imam Malik for his actions.

This shows that Imam Malik had the conviction to stand up for what he believed in. Besides that, he also showed humility where he will only answer questions which he fully understand the issue. This was clearly evident in the incident where AlHaytham said, I once was with Imam Malik when he was asked more than forty questions and I heard him reply, I do not know, to thirty two of them (Ahmed, 2007).

Principles of Madhhab Maliki

Imam Malik had several practices that were peculiar to him, as such making him different from other scholars of his time. Some of his principles that became the foundation of the Madhhab Maliki are:

1. Fatwa
Imam Malik declined to issue fatwas whenever he felt unsure, and was hesitant to render religious verdicts as he once mentioned in his famous saying:
The shield of the scholar is, 'I do not know,' so if he neglects it, his statement is attacked.

2. Bidah
Imam Malik strongly opposed bidah, and even went so far as to direct others not to extend the Islamic greeting of salam to those guilty of bidah. He explained the prohibition of bidah as such: He who establishes an innovation in Islam regarding it as something good, has claimed that Muhammad has betrayed his trust to delived the message as God says, This day have I perfected for you your religion. And whatsoever was not part of the religion then, is not part of the religion today.

3. Prayer/Salat
In the Maliki school, there are several differences in prayer as compared to the other 3 schools of fiqh: 19

I.

Qiym The mashhr position is to leave the hands to dangle at one's sides during prayer. It has erroneously been ascribe that the reason was Imam Mlik prayed this way because his arms were dislocated due to the public lashing he had once received. The actual reason for this practice was, as quoted from Imam Mlik, 'I do not know of this practice in the obligatory prayer (I did not see the people of Medina practicing this), however it is allowed in the supererogatory prayers if the standing has been prolonged'. The common Sunn practice of joining the hands beneath the chest or below the navel, right hand over left, does not invalidate the prayer, since leaving the hands down is a recommended act. Facing the Kaabah Looking straight ahead at eye-level during the standing and sitting parts of the prayer, rather than looking down towards the place of prostration as is practiced by other madhhabs as a sign on humility and obedience towards Allah the Almighty.

II.

III.

Reciting Bismillah The common practice of the Malikis is not reciting any supplications before the Ftiah in obligatory prayers.

IV.

Tashahhud Turning the right-handed fist onto its side (so that the smallest finger is touching the thigh) and the right index finger is moved from side to side. Taslm Saying the ending taslm (salam) only once while turning the head to the right, unlike in other madhhabs whereby it is common to say the taslm twice, once to your right shoulder and once to the left. Qunt Is to be recited only in the morning prayer.

V.

VI.

20

Present Day Malikis

Picture 1: The Mosque of Oqba (or the Great Mosque of Kairouan) had the reputation of being one th of the most important centres of the Maliki school since the 9 century. It is located in the city of Kairouan, Tunisia.

Imam Maliks extensive works in the areas of hadith and the as-Sunnah are important references for Islamic scholars, even today. Imam Malik's chain of narrators was

considered the most authentic and called Silsilat ul-Zhahab, or "The Golden Chain of Narrators", by notable hadith scholars including Imam Bukhari. The 'Golden Chain' of narration is considered by the scholars of Hadith to be the most authentic, and consists of Malik, who narrated from Nafi', who narrated from ibn Umar, who narrated from Muhammad.

21

Madhhab Hanbali
The Hanbali dominates in Saudi Arabia, Qatar, North East of Oman and the rest of the Arab Emirates. The Madhhab Hanafi was formed in Kufa and it preserves many of the older traditions. Its rulings are largely based on Ray (the results of logical deductions made by its scholars). Imam Hanbalis influence can be measured by the fact that, out of the four traditional schools, the Hanbali school of fiqh maintained its own theological view, unlike the Hanafi which adopted the Maturidi doctrine, or the Shafii and Maliki schools that adopted the Ashari doctrine. The Hanbali School was the most flexible school with regards to freedom of transaction and the conditions, therefore enabling contracting parties to abide. Imam Hanbali held the opinion that, the basic rule is that transactions among people are, in principle, permissible unless proved otherwise by a legal proof.

Imam Hanbali
Imam Ahmad bin Muhammad Bin Hanbal Abu Abd Allah al-Shaybani was born in Baghdad in 780 (164AH) to Arab parents. His father was a soldier who died when Imam Hanbali was young.

Since his youth, Imam Hanbali had always been interested in religion, specifically hadiths. When he was 16, Imam Hanbali travelled through Iraq, Syria and Arabia studying the religion, acquiring an extensive knowledge of the hadiths. Under Imam as-Shafiie, Imam Hanbali learned about the Islamic law of fiqh and its principles. He was
Picture 1: A portrait of Imam Hanbal

very devoted to the traditional views and was opposed to innovations in Islamic law. Imam

Hanbali did not just seek knowledge in books, he also proved his faith by making jihad, performing the guard duty at Islamic frontiers and making hajj five times; twice on foot.

22

The Imams life was not all colourful. Under the Caliphs al-Mamun and alMutasim, his faith was tested. An inquisition court was created to deal with people that did not agree to certain doctrines that they thought were correct. One of which was that the Quran was created by man and was not eternal. Imam Hanbali was taken into custody and questioned. When he disagreed with their views, they subjected him to corporal punishment, flogging by al-Mansur and imprisonment of 2 years, during which time he patiently submitted to his punishments and refused to deviate from his beliefs. This ordeal likened him to Abu Bakr in the eyes of many, a lone champion of Islam during the wars of apostasy.

Imam Hanbalis Doctrine

1. He would believe in the description that Allah gave to himself in the Quran, or inspired the Prophet with, and affirm them at their face value (Dhahir), while generally negating any resemblance between the Creator and the creation. 2. He would vigorously reject negative theology (Tatil), as well as allegorical exegesis (Tawil), in regards to belief in Allah. 3. He would regard the Jahmiyah (followers of al-Jahm ibn Safwan), and the Rafidha (the Imami Shias) who curse the Companions, to be disbelievers (Kuffar). 4. He held that the sinners amongst the Muslims are under the threat of Allah's punishment; that if He wishes He may Punish them or Forgive them; Contrary to the Khawarij. He would not declare a Muslim to be a disbeliever (Kafir) on account of his sins, nor would he exclude actions from Iman unlike the Murjia. Once he was asked about those who declare their belief in the five pillars of Islam, yet refuse to perform them; he said, in reply, they are disbelievers (Kuffar). 5. He believed in the miracles that occurred at the hands of the Awliya (pious Muslims) as a favour from Allah. 6. He believed that Abu Bakr is the best of the Companions, followed by Umar, then the six companions chosen by the latter as Ashab al-Shura (members of Shura council): Uthman, Ali, al-Zubair, Talha, Abd al-Rahman b. Awf and Sad b. Abi Waqqas; followed by the fighters of Badr from the Emigrants (Muhajirin) and then the Helpers (Ansar). 7. He prohibited discussions on the differences between the Companions or dislike of any of them; for the honour of Companionship with the Prophet (pbuh) is

23

sufficient a virtue to rank them higher than the entire Muslim Ummah until the end of time.

Practices of Madhhab Hanbali

Several of the practices of the Hanbalis are notably different from those of other madhhabs. These particular practices are:

1. Wudhu
One of the seven things that nullify the minor purification includes, touching a woman for the purpose of carnal desire. This ruling is similar to the Maliki opinion, however the Shafi'i opinion is that merely touching a woman will break the wudhu, while the Hanafi opinion is that merely touching a woman doesn't break the wudhu.

2. Al-Qayyam
The hands are positioned below the navel while standing in prayer, similar to the Hanafis, though other madhhabs state a person has a choice (either above the navel or near the chest)

3. Ruku
The hands are to be raised before going to ruku, and standing up from ruku, similar to the Shafi'ie school. While standing up after ruku, a person has a choice to place their hands back to the position as they were before. Other madh'habs state the hands should be left on their sides.

4. Tashahhud
The finger should be pointed and not moved, upon mentioning the name of Allah.

5. Tasleem
Is considered obligatory (wajib) by the madh'hab.

6. Salat-ul-Witr
Hanbalis pray two rak'ats consecutively then perform tasleem, and then one rak'at is performed separately. Dua qunoot is recited after the ruku' during witr, and hands are raised during the dua.

24

Followers of Madhhab Hanbali

Islamic history illustrates that the Hanbalis are known for having outstanding characters, fearlessness and eagerness for enjoining the good and forbidding the evil, with Imam Ahmad setting the precedence by remaining steadfast during the inquisition.

The Hanbalis had an inherent tendency of declining lofty positions offered by the authorities. Whenever a Hanbali would excel in knowledge, he would submerge himself in worship and gratitude to Allah, embrace the ascetic life (Zuhd) and divorce himself from fame, status and worldly life. These traits were confirmed by a prominent Shafii traditionist and a historian, alDhahabi, in his book Zaghl al-Ilm where he describes the Hanbalis.

The Hanbali Mazhab has always been known for having fewer followers comparatively to the other schools. Hanbalis often responded with the following verse of poetry:
They say of Ahmads followers: How few they are! Thus, I said to them: The dignified are always few

25

Other Madhhabs
Aside from the madhhabs practiced by followers of Sunni Islam, there are several other madhhab that make up the minority of the followers of Muslim faith. After Sunni Islam, the second largest denomination in Islam is Shiah Islam, or Shiism. One of the smallest divisions of Islamic denominations is the Ibadiyyah, practiced mainly in Oman and other parts of Africa.

Shiah Islam
Shiah Islam is identified by its emphasis on and reverence for the spiritual authority of the Prophets family, the Ahl al-Bayt ( ,) in particular his daughter Fatima, his son-in-law/cousin Ali bin Abu Talib, and their descedants in terms of this particular lineage.

Figure 6: Muhammad/Ali; an ambigram in Arabic Script calligraphy that depicts Muhammad upside down is read as Ali, and vice versa.

26

The main dispute between Shiism and Sunnism is the issue of succession of the Prophet Muhammad after his death a right that the Shiites believe belongs exclusively to Ali. The concept of imam is central to Shiite belief and revolves around the idea that the Divine light of Prophethood was shone upon Prophet Muhammad and continues to be reflected in his direct descendants, giving them esoterical or exclusive knowledge of the religion, which qualifies them as imams. As such, each imam is divinely appointed and specifically mentions his successor upon his death, through which the process continues. Having such inspirational, esoterical knowledge derived from a divine source makes the imam infallible, or masum, and as a consequence, the imam must take his rightful position and bring justice to the people of the Earth. This contradicts the Sunni belief that only the Prophet Muhammad is infallible and protected for sin. However, Sunnism and Shiism do share the common belief in Divine Unity (tawhid), prophethood (nubuwwa), and resurrection (maad). In particular, Sunni and Shiah Islam agree on the belief in an inner meaning the Holy Quran, the special status of some mortals, and the veneration of Ali and Prophet Muhammads family. Under Shiah Islam, there are further divisions into several denominations which consist of the Madhhab Zaydi, Madhhab Ismaili and the majority Madhhab Jafari also known as the Ithna Ashariyyah

27

Madhhab Jafari
Madhhab Jafari refers to the Twelvers or Imami Shiah Islam. This excludes the Ismaili (Seveners) and the Zaydi (Fivers). It is attributed to Jafar al-Sadiq, whom the Twelvers consider to be their Sixth Imam. Jafar al-Sadiq Jafar ibn Muhammad al-Sdiq was a descendant of Muhammad and a prominent Muslim jurist. He is revered as an Imam by the adherents
Figure 7: The names of all twelve Imameen written in the Arabic form of the name Ali

of Shi'a Islam, and as a renowned Islamic scholar and personality by Sunni Muslims. The Shi'a Muslims

consider him to be the sixth Imam. Jafar Al-Sadiq was celebrated among his brothers and peers and stood out among them for his great personal merits.He is highly respected by both Sunni and Shi'a Muslims for his great Islamic scholarship, pious character, and academic contributions. The Jafari Approach Ithna Ashariyyah is the largest branch of Shiah Islam, and its adherents are commonly referred to as the Twelvers. The term Twelvers is derived from their belief in twelve divinely ordained leaders, knowns as the Twelve Imams; namely Ali, Hasan, Husayn, al-Abidin, al-Baqir, al-Sadiq, al-Khadim, ar-Rida, al-Taqi, al-Naqi, al-Askari and al-Mahdi; and their belief that the Imam Mahdi will be none other than the returned Twelfth Imam that disappeared as is believed by Twelvers to in occultation. One of the most controversial issues of the Jafari faith is their acceptance of nikah almutah, or pleasure marriage. It is a fixed-term marriage, whereby its duration is

28

fixed at its inception and is then automatically dissolved upon completion of its term. The marriage is contractual and subject to renewal. Financial payments may be made between the couple, usually with the male paying the female mahr or dowry. This form of marriage is strictly forbidden by Sunni Islam and is a one the main contradictions with other madhhabs. The majority of Shiah Muslims are Twelvers, and the Twelver faith is a majority in countries such as Iran, Azerbajian, Bahrain, Iraq and Lebanon. Large minorities of Twelver Shiites exist in India, Pakistan, Afghanistan, Nigeria, Tanzania, Kuwait, Qatar, the United Arab Emirates and Saudi Arabia. In other Muslim majority countries such as Oman, Yemen, Egypt, Sudan, Kenya, Indonesia and Malaysia where Sunnism is the mainstream belief, there are small communities of Twelver adherents.

Madhhab Ismaili
Madhhab Ismaili is also known as the Seveners, the second largest branch of Shiah Islam. The Ismaili derived their name from their acceptance of Ismail ibn Jafar as the seventh and last Imam, who is the appointed spiritual successor to Jafar as-Sadiq. They believed that Ismail ibn Jafars son, Muhammad ibn Ismail al-Maktum, would return and bring about an age of justice as al-Mahdi. Ismail ibn Jafar Ismail ibn Jafar was a member of Ahl al-Bayt. He was the eldest son of Imam Jafar al-Sadiq and the full brother of Abdullah al-Aftah. The adherents of the Ismaili school of thought believed that the imamate would be passed to Ismail after Jafars death, and not his younger brother, Musa al-Kazim, as is believed by the Twelvers. According to both the Nizari and Mustaali Shiah sects, Ismail is the sixth Imam and was buried in Jannat al-Baqi. The Ismaili Approach The Ismailis believe that the al-Quran has several layers of meaning of which they generally divide into two types: the apparent meaning (the zahir meaning) and the hidden meaning (the batin meaning).

29

While a believer can understand the batin meaning to some extent on his own, the ultimate interpretation lies in the office of the Imamate. The Imam's firmans, or teachings, are binding upon the community. In this way, the Ismaili community can adapt to new times and new places. Oftentimes, the Imam of the Time is known as the "Qur'an e Naatiq" (the "Speaking Qur'an"), meaning that he reinterprets the literary text in a way that can be understood for today's times.

Figure 7: Ismaili Lion, a calligraphic representation of the names of the Imameen

With regards to solat, or prayer, the Nizari branch of Ismailis does not follow the mainstream Islamic practice of the daily prayer of 5 times. Nizari Ismailis believe that it is up to the Imam of the Time as the Face of God to designate the style and form of prayer. The Nizari Ismailis perform dua (supplication) three times a day as opposed the five prayers observed by Sunni Muslims. The justification for this is the verse from the al-Quran which states, And keep up prayer in the two parts of the day and in the first hours of the night; surely good deeds take away evil deeds; this is a reminder to the mindful. (Quran 11:114). In contrast, the Mustaali or Bohra branch of Ismailism has kept five prayers and their style is generally closely related to the Twelver groups.

30

Sometimes the term "Sevener" is used to refer to all Ismailis, though those of Fatimid heritage (from the al-Fatimiyyun Caliphate) recognize more than seven Imams. Note that the number seven plays a general role in the theology of the Ismailiyyah, including mystical speculations that there are seven heavens, seven continents, seven orifices in the skull, seven days in a week, seven prophets, and so forth.

There are few strict Seveners - those who do not recognize the Fatimids - that remain among the Muslim population of today. Some scholars doubt that they even exist in modern society.

Madhhab Zaydi
Madhhab Zaydi or Az-Zaydiyyah, are also referred to as the Fivers. They recognise the same first four Imams of Shiah Islam as the Jafari and the Ismaili, but the believe that Zayd ibn Ali is the Fifth Imam, hence the term Fivers. After Zayd ibn Ali, the Zaydis recognise other descendants of Hasan ibn Ali or Husayn ibn Ali as their Imams. The name Zaidiyyah is taken from the name of the grandson of Husayn ibn Ali, Zayd ibn Ali. Zayd bin Ali Zayd bin Ali was part of Ahl al-Bayt (members of Muhammads household) and is of direct descent to the Prophet Muhammad as his grandfather Husayn bin Ali was the grandson of Ali bin Abi Talib and Fatimah Zahra, Prophet Muhammads daughter. He was born in Medina in 76 AH.

Zayd was also known as The Martyr (Zayd ash Shaheed) and Halif Al-Quran (Ally of the Quran). His fairness, justice and bravery alongside his death were prophesised even before he was born and this was narrated by Imam Muhammad al-Baqir,
"The Holy Prophet put his sacred hand on Husayn bin Ali's back and said: 'O Husayn, it will not be long until a man will be born among your descendants. He will be called Zaid; he will be killed as a martyr. On the day of resurrection, he and his companions will enter heaven, setting their feet on the necks of the people.'"

31

Zayd died during the Zayd Revolt in which he led a rebellion against the Umayyah dynasty who took over the Islamic Caliphate. Zayds rebellion inspired the Zayd sect. However, all schools of Islam recognise Zayd as a martyr.

The Zaydiyya Approach Although within the Shia, the Zaydiyya renders several similarities to the fundamentals of Sunni Islam.

Jurisprudence

Based Majmu'l Fiqh (documentation of Zayd bin Alis teachings). Carries similarities with Sunni Hanafis jurisprudence. The leader of the Muslim community must be the descendant of Prophet Muhammad through his daughter Fatimah Zahra. They differentiate themselves as Zayd Shias as the other Shias refused to acknowledge Zayd bin Ali as the 5th Imam after the death of his father. Although the Zaydis do not necessarily believe in the succession of the Imamate from father to son, they do believe that the Imam must be the descendant of Hassan bin Ali or Husayn bin Ali. Unlike other Shia Muslims, the Zaydis do not believe on the divine power of the Imams. They also rejected the notion of Occultation and believe in a living visible imam.

Views on Imamate

Sources

Regards Al-Quran as the first source, followed by Prophetic traditions (Sunnah). The Zaydis do not limit the reliability of the Hadith as the other Shias. They also turn to the qiyas and human intellect as sources of jurisprudence. They also put emphasis on the ruling of Ali above all other sources after the Quran and Prophetic traditions.

Theology

Similar to the Mutazilites, they believe that human reasoning was capable of distinguishing between the good and the bad and reject the notion that human beings are not responsible for their own actions as everything is up to God.

The Zaydi jurisprudence follows the Sunni Hanafi school and that brings them closer to the Sunni Islam as opposed to other Shiism.

32

Ibadi Islam
Ibadi Islam or Al-Ibadiyyah is a relatively small denomination of Islam, believed to be a subsect of one of the earliest schools of Islam, the Khawarij. Both historians as well as mainstream Muslims believe that the Ibadi movement is a reformed Islamic sect, formally known as Kharijites, but the Ibadis continue to deny any relation to the Kharijites (Khawarij). Ibadism is said to have been founded less than 50 years after the death of Prophet Muhammad and its name is derived from their alleged founder, Abdullah ibn Ibadh at-Tamimi, a seventh-century Kharijite leader. However, followers of Ibadism claim that its true founder was Jabir ibn Zaid al-Azdi of Nizwa, Oman. Ibadi is the dominant form of Islam in Zanzibar as well as Oman. Ibadi Muslims make up a majority of around 75% of the population in Oman, where Ibadism is the official state doctrine. Ibadis can also be found in parts of Algeria, Tunisia and Libya. In Algeria, their population is concentrated in Mzab, Aures; whereas in Libya they are focused in the Nafusa Mountains. In the Zanzibar Islands the Ibadi population live mainly in the islands of Pemba and Unguja; and in Tunisia they are found in the Djerba Island. In modern North Africa, Ibadi communities exist in the Mozabite Valley.

Figure 8: Ibadi majority countries are marked by dark blue, showing that Ibadism is a minority 7 amongst other Islamic denominations

Map of Islam by country; Wikimedia Commons (2010) 33

Conclusion
There are many different schools of religious jurisprudence in Islam that prevail worldwide, giving rise to the diversity and richness of Islamic culture. However, it must be noted that these schools of thought, or madhhab, although different in certain specific practices or rulings, are not to be thought of as distinct sects. The differences between madhhabs only arise in minor practical differences, but essentially all four madhhab of Sunni Islam refer to the four major sources of jurisprudence, the Usul al-Fiqh: the holy Quran, the Sunnah, ijma (concensus of scholars), and qiyas (analogy of explanations).

Unlike in Christianity; where the nature of Jesus, authority of apostolic successon and papal primacy differ between the denominations; the denominations of Islam share the same fundamental principles: 1. Allah the Almighty is one and incomparable, and the purpose of human existence is to worship Him 2. The Holy Quran is the unaltered final revelation of God, handed down to Prophet Muhammad by the Angel Jibrail (Gabriel) 3. The primary sources of Islamic Law are the Al-Quran and the Sunnah, which are agreed upon by all madhhab of Islam Generally, Sunni Muslims choose or prefer one madhhab out of the four main madhhab, and this preference is often a regional preference. Shiah and Ibadi Muslims also refer to the more commonly practiced madhhab of their region.

Figure X: Distribution of Islamic Madhhab around the world

34

However, Sunni Muslims believe that ijtihad must be exercised by contemporary scholars who are capable of doing so. Ijtihad refers to the making of a decision in Islamic Law, or Syariah, by personal effort, independently of any madhhab of fiqh. People who are capable of ijtihad are known as mujtahid, and the qualifications for ijtihad were laid down by Imam Baghawi as such: 1. Knowledge of the al-Quran 2. Knowledge of the Hadith of the Prophet Muhammad 3. Knowledge of the sayings of the Salaf-us-Salaheen (to know which rulings they disagreed upon, and upon which they were unanimous) 4. Knowledge of Arab linguistics (allowing correct understanding of the Quran and of the sunnah so as to be able to draw accurate deductions) 5. Knowledge of Qiyas (the knowledge by which one learns the method of deriving a ruling from the Quran and Sunnah) For those incapable of ijtihad, it is generally accepted to rely on taqlid. Taqlid refers to the acceptance of religious rulings and epistemology from a higher religious authority in differing meanings of analysis and derivation of legal practices. This is preferred as opposed to relying on subjective readings by an individual, who may or may not be accurate in his or her interpretation of the al-Quran and as-Sunnah.

Experts and scholars of fiqh follow the usul, or principles, of their own native madhhab, but also study the usul, evidence and opinions of other madhhabs. This is because each one of these madhhab considers the others to be fully valid and accepted, and one does not have to follow any singular one of them. The four main madhhab of Sunni Islam coexist peacefully as there has been harmony for the most part among their various scholars throughout Islamic history. In fact, followers of a particular madhhab may adopt the practices of another madhhab to suit their needs, such as the practice of the Hanbali style of wudhu, or ablution, by followers of the Shafiie school of thought. In this case, the Shafiie opinion of nullifying wudhu is that merely touching a person of the opposite sex will break wudhu. During the hajj or umrah, this can be extremely inconvenient. Hence, during these times, Shafiie Muslims adopt the Hanbali opinion, which states that touching a person of the opposite sex for the purpose of carnal desire would break wudhu, but not merely touching.

35

The most obvious similarity between all madhhabs of Islam is the belief in the meaning of Islam, Iman, Ihsan, and the belief in the Day of Resurrection, or AlQiyamah. The concept of these four terms is found the Hadith of Jibrail8, where Jibrail or Gabriel, in the guise of an unknown man, discussed the meaning of faith with Prophet Muhammad. This hadith is found in both the Sahih al-Bukhari and the Sahih Muslim. The version recorded in the Sahih Muslim is as follows:
It is reported that Abdullah ibn Umar said that his father Umar ibn al-Khattab said that one day, while we were sitting with the Prophet, a man, with shining white clothes and jet black hair, appeared before us. We could see no evidence of a journey upon him and neither did anyone among us know who he was. He sat with the Prophet such that his knees touched the Prophets knees, and he placed his hands on his legs. The man said, Muhammad, inform me about Islam. The Prophet replied, Islam is that you bear witness that there is no god but God and that Muhammad is the messenger of God, that you establish prayer, that you pay charity, that you fast during Ramadhan, and that you undertake the pilgrimage (hajj) to the house (of God) if you are able. The man said, You are right.

The hadith continues with Jibrail questioning Prophet Muhammad on the meaning of Iman:
Inform me about Iman. The Prophet said, Iman is that you believe in God, His angels, His books, His Prophets, and the last day and that you believe that good and bad tings are a part of the decree (of God).

The meaning of iman stated by the Prophet Muhammad make up the five Pillars of Faith, which are practiced by all Muslims. With regards to ihsan, the hadith states:
Inform me about Ihsan. The Prophet replied, Ihsan is that you serve God as if He was right in front of your eyes, for even if you cannot see Him, He definitely sees you.

Lastly, the angel Jibrail asked the Prophet Muhammad about the Day of Resurrection and its signs:
Then he said, Tell me about its (the last days) signs. The Prophet replied, That the slave girl will give birth to the free woman, that you shall see these bare-footed, naked and poor shepherds competing with each other in making high buildings.

The main fundamentals of Islam, i.e. the Pillars of Faith and the Pillars of Islam, are agreed upon by all madhhabs as is stated in the Hadith of Jibrail. These are the core

Umar ibn al-Khattab; Sahih Muslim | Abu Hurairah; Sahih al-Bukhari 36

beliefs of Islam, such knowledge handed down to humans by way of divine revelation are undisputed among Muslim scholars and are the very essence of Islam. In short, it can be concluded that although the madhhabs believe in different interpretations when it comes to specific matters of fiqh, they do not stray from the original idea of true Islamic religion: a faith of submission and peace, and of the three key aspects of the religion, namely Islam, Iman and Ihsan.

37

References
1. The Amman Message; The Royal Aal Al-Bayt Institute for Islamic Thought (2009) 2. Applying The Canon In Islam; Brannon M. Wheeler; State University of New York Press, Albany (1996) 3. The 500 Most Influential Muslims In The World 2009 First Edition; Prof. John Esposito and Prof. Ibrahim Kalin; The Royal Islamic Strategic Studies Centre (2009) 4. Islamic Fiqh (Law) and The Neglected Empirical Foundation; Dr Mohammad Omar Farooq (Associate Professor of Economics and Finance, Upper Iowa University, USA) 5. Encyclopedia of Islamic Civilisation and Religion; Ian Richard Netton (Sharjah Professor of Islamic Studies, University of Exeter, UK); Routledge/Taylor & Francis Books (2008) 6. The Arab Shia: The Forgotten Muslims; Graham E. Fuller and Rend Rahim Francke; New York; Saint Martin's Press (1999) 7. The Principle of Sufism; Ahmed Zarruq, Zaineb Istrabadi, Hamza Yusuf Hanson; Amal Press (2008) 8. The Muqaddimah: An Introduction to History; Ibn Khaldun, translated by Franz Rosenthal; Princeton/Bollingten Press (1967/2005) 9. Ahmed, (2007) Imam Malik [online] (cited 16th November 2011) available from http://www.haqislam.org/imam-malik/ 10. Bewley, A. (2008) Al-Muwattak of Imam Malik [online] (cited 17th November 2011) available from

http://www.sunnipath.com/library/Hadith/H0001P0000.aspx 11. Haddad, G. F. (2008) Imam Malik [online] (cited 17th November 2011) available http://www.sunnah.org/publication/khulafa_rashideen/malik.htm 12. Talib, A. L. (2011) Imam-Imam Yang Benar, PTS Litera Utama Sdn. Bhd., Selangor, Malaysia from

38