SRS 3315 Lecture Notes - Lecture 9: Ijtihad, Hanbali, Istislah

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The four main legal schools (madhahib) in sunni-islam and their. Prevalence: hanafi (former ottoman empire, central asia, india, pakistan, hanbali (saudi arabia > official school of law, shafi"i (lower egypt, east africa, south of arabian peninsula, indonesia, maliki (africa, except lower egypt and east coast) Hanifi school of law: goes back to abu hanifa (699-767, stresses the uses of reason (ra"y) by the jurist when using analogical deduction (qiyas) and the idea of istihsan. Most emphasis on use of reason of all schools. Shafi"i school of law: goes back to al-shafi"i (767-820, the sunna is seen as very important, the ideas of istihsan and istislah are rejected. Maliki school of law: goes back to malik ibn anas (715-795, sunna is important source, but also a lot of room for the use of reason (istislah) !1: four schools generally agree on issues as the hajj, fasting, confession of faith, but have different opinions about issues as divorce and inheritance.

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