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Shafi'i school

School of Islamic jurisprudence

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Through Muslims, Kerala and Iraq

Like the other schools, the Shafiʽis rely on the Quran and the sound books of hadiths as primary sources of law. The Shafi'i school affirms the authority of both divine law-giving (the Quran and the Sunna) and human speculation regarding the Law. Where passages of Quran or the hadiths are ambiguous, the school seeks guidance of qiyas (analogical reasoning). The ijma (consensus of scholars) was "accepted but not stressed". The school rejected the dependence on local traditions as the source of legal precedent and rebuffed the Ahl al-Ra'y (personal opinion) and the Istihsan (juristic discretion).

The Shafi'i school is followed by more than 350 million people, comprising around 17.5% of the Muslim population worldwide. As such, it is the third-largest Sunni school after the Hanafi and Maliki schools. The Shafi'i school is predominant in the Horn of Africa, North Caucasus, Southeast Asia, Lower Egypt, Qatar, Kerala and among the majority of the Kurdish Muslim population throughout Iraq, Syria and Turkey. The Shafiʽi school was the largest school followed in the Middle East until the rise of the Ottomans and the Safavids who patronized the Hanafi and Ja'fari schools respectively.

Principles

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

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

The Foundation (al asl)

The school rejected dependence on local community practice as the source of legal precedent.

Ma'qul al-asl

  • Qiyas with Legal Proof or Dalil Shari'a — "Analogical reasoning as applied to the deduction of juridical principles from the Qurʾān and the Sunnah."
    • Analogy by Cause (Qiyas al-Ma'na/Qiyas al-Illa)
    • Analogy by Resemblance (Qiyas al-Shabah)
  • Ijmā' — consensus of scholars or of the community ("accepted but not stressed").

The concept of Istishab was first introduced by the later Shafiʽi scholars. Al-Shafiʽi also postulated that "penal sanctions lapse in cases where repentance precedes punishment".

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