What is fiqh?
The Arabic word fiqh originally means "deep understanding". It is more than mere knowledge: it is the kind of understanding that reaches the heart and the hands. The Prophet ﷺ said: "When Allah wants good for someone, He gives him understanding of the religion" (al-Bukhari, Muslim). The Quran says that from every group some should devote themselves to study "so that they may obtain understanding in the religion" 9:122.
Over time, fiqh became the name of a science: the Islamic discipline of law and of daily life. It asks how a Muslim shapes everyday life before Allah – from ritual washing, prayer, fasting and zakat to buying and selling, marriage, inheritance and how we treat our neighbours. So fiqh is not only "law" in the sense of courts; above all it is guidance for a life of devotion.
The scholars always stressed an important distinction. The Shari'ah is the path Allah has revealed – perfect and free of error. Fiqh is the human effort to understand that path and apply it in detail. That is why fiqh can contain different opinions, while revelation itself is one.
What is a madhhab?
Madhhab (plural: madhahib) literally means "the way one goes". It refers to a school of law: a tradition of scholars that goes back to a great imam and carries forward, tests, refines and teaches his method.
A school of law is therefore not a separate faith and not a sect. It is more like a great school of thought with a shared toolbox. It sets out which sources are used and in which order, how texts are to be understood, how to handle reports that seem to contradict each other and how to answer new questions. Teachers and students passed this method on through the generations, wrote books, commented on them and opened them up for new times.
So when someone says "I am Hanafi" or "I follow the Maliki school", they mean: in practical matters, I trust the careful work of this tradition of scholars.
The sources: Quran, Sunnah, ijma' and qiyas
All schools stand on the same foundation. Allah says: "O you who believe, obey Allah and obey the Messenger and those in authority among you. And if you disagree over anything, refer it to Allah and the Messenger" 4:59.
- The Quran – the word of Allah, the first and highest source.
- The Sunnah – the words, deeds and approvals of the Prophet ﷺ, transmitted in the hadith collections. It explains the Quran and shows how it is lived: the Quran commands prayer, the Sunnah teaches how to pray.
- Ijma' – the consensus of the scholars on a question. Where the scholars of an age agreed, this is regarded as especially certain.
- Qiyas – analogical reasoning. For a new question one looks for a case about which the Quran or the Sunnah already speaks, identifies the shared reason (the 'illah) and extends the ruling. A classic example: the Quran forbids wine; since the reason for the prohibition is intoxication, the prohibition also covers other intoxicating drinks.
Alongside these, the schools know further tools that they weigh differently: istihsan (a reasoned departure from strict analogy in order to do justice to a higher principle), maslahah (the public good), the practice of the people of Madinah, the sayings of the Companions, or 'urf, the custom of a society. In the Shia schools the transmitted teachings of the Imams from the family of the Prophet ﷺ and reason ('aql) as a source of knowledge play a special role. It is precisely in this weighting that much of what distinguishes the schools lies.
Why do differences of opinion exist?
Some people are surprised that scholars reach different answers to the same question. But on closer look one sees that this does not come from arbitrariness but from reverence for the texts. The scholars call this difference of opinion ikhtilaf. Its causes are many:
- Language: Arabic is rich, and a word can carry several meanings. The word qur' in 2:228 means both "period of purity" and "menstruation" – and the Companions already understood it differently.
- Transmission: Not every hadith reached every scholar. An imam in Madinah knew reports that were not available to an imam in Kufa, and vice versa.
- Assessing reports: Scholars evaluated the reliability of chains of transmission with different degrees of strictness.
- Method: What do you do when two texts seem to contradict each other? What role does analogy play? May one argue from the public good? Each school has its well-founded answer.
- New situations: Where the texts are silent, one has to reason carefully – and wise people do not always reason alike.
There is a famous example from the lifetime of the Prophet ﷺ himself. After the Battle of the Trench he told his Companions: "Let no one pray the afternoon prayer except at Banu Qurayzah." On the way it grew late. Some said, "We will only pray there," holding to the wording. Others said, "He meant that we should hurry," and prayed on the way. When this was reported to the Prophet ﷺ, he did not reproach either group (al-Bukhari, Muslim).
And the Prophet ﷺ said: "When a judge rules, strives his utmost and is right, he receives two rewards; when he rules, strives and errs, he receives one reward" (al-Bukhari, Muslim). Whoever strives sincerely and with knowledge is rewarded even when he misses the mark. The scholars call this sincere striving ijtihad.
Diversity as mercy
One often hears the saying "The difference of opinion of my Ummah is a mercy." The hadith scholars have pointed out that this saying, in this form, is not established as an authentic statement of the Prophet ﷺ. The idea behind it, however, is widely held among the scholars – and it has been beautifully expressed. It is reported that the caliph Umar ibn Abd al-Aziz, may Allah have mercy on him, would not have wished that the Companions of Muhammad ﷺ had never differed; for had they agreed on everything, there would be no breadth for the people.
It is likewise reported that an Abbasid caliph proposed to Imam Malik that his book al-Muwatta be made binding law in all lands. Imam Malik, may Allah have mercy on him, declined: the Companions of the Prophet ﷺ had spread to many regions, and each region had received knowledge from them. People should be left with what they know.
This attitude shaped the finest eras of Islamic scholarship. A well-known saying attributed to Imam ash-Shafi'i runs roughly: "My opinion is correct but may be wrong; the opinion of the other is wrong but may be correct." The imams respected one another, learned from one another and spoke of one another with love. Ash-Shafi'i studied with Malik and with the Hanafi scholar Muhammad ash-Shaybani; Ahmad ibn Hanbal studied with ash-Shafi'i.
The diversity of the schools gives the Ummah breadth. It shows that Islam can be lived in Madinah and in Samarkand, in Cairo and in Kuala Lumpur, without changing itself. "Allah intends for you ease and does not intend for you hardship" 2:185.
Yet one thing is just as important: differences of opinion concern particular questions, not the foundations. On the oneness of Allah, the prophethood of Muhammad ﷺ, the Quran, the five daily prayers, fasting in Ramadan, zakat and the pilgrimage, all are agreed.
The age of the great imams
After the death of the Prophet ﷺ, the Companions carried his knowledge in every direction: to Makkah and Madinah, to Kufa and Basra, to Damascus and Egypt. In each of these cities circles of learning arose. The generation after the Companions, the Tabi'un, gathered, ordered and taught.
In the second and third centuries after the Hijrah, scholarship flourished in a way that still amazes us today. It was the age in which the great hadith collections were compiled and in which imams worked whose names are known in every mosque to this day. Some of them knew each other personally as teachers and students. There were many other important jurists as well – such as al-Awza'i in Syria, Sufyan ath-Thawri in Kufa or al-Layth ibn Sa'd in Egypt – whose schools, however, did not live on as independent traditions. The schools that still exist owe their survival above all to students who wrote down, ordered and passed on the knowledge of their teachers.
The four Sunni schools of law
The Hanafi school
Founded on the work of Imam Abu Hanifa an-Nu'man ibn Thabit (d. 150 AH / 767 CE), may Allah have mercy on him, in Kufa. His school is known for its carefully reasoned method, analogy and istihsan, and for its long experience in judiciary and administration. Today it is the most widespread school – in Turkey, the Balkans, Central and South Asia and beyond. More about the Hanafi school
The Maliki school
Founded on the work of Imam Malik ibn Anas (d. 179 AH / 795 CE), may Allah have mercy on him, in Madinah, the city of the Prophet ﷺ. His al-Muwatta is among the earliest great collections of hadith and law. A distinctive feature is the weight he gave to the lived practice of the people of Madinah. The school is widespread in North and West Africa and has a long tradition in the Emirates and the Gulf region. More about the Maliki school
The Shafi'i school
Founded on the work of Imam Muhammad ibn Idris ash-Shafi'i (d. 204 AH / 820 CE), may Allah have mercy on him, who studied and taught in Makkah, Madinah, Iraq and finally Egypt. With his ar-Risalah he wrote one of the first systematic presentations of legal methodology. His school is widespread in Egypt, East Africa, Yemen, parts of the Arab world and South-East Asia. More about the Shafi'i school
The Hanbali school
Founded on the work of Imam Ahmad ibn Hanbal (d. 241 AH / 855 CE), may Allah have mercy on him, in Baghdad. He was an outstanding hadith scholar; his Musnad is one of the largest hadith collections. His school is marked by close adherence to the texts and to the statements of the Companions. Today it is followed mainly on the Arabian Peninsula. More about the Hanbali school
Further recognised schools
The Ja'fari school
It bears the name of Imam Ja'far as-Sadiq (d. 148 AH / 765 CE), may Allah have mercy on him, a descendant of the Prophet ﷺ through Ali and Fatimah, who taught in Madinah and is held in high esteem by Sunni scholars as well. It is reported that Abu Hanifa and Malik sought knowledge from him. The Ja'fari school is the school of law of the Twelver Shia, for example in Iran, Iraq, Lebanon, Bahrain and many other countries. More about the Ja'fari school
The Zaydi school
It goes back to Zayd ibn Ali ibn al-Husayn, a great-grandson of Ali, may Allah have mercy on him. The Zaydi school has had its centre in Yemen for many centuries. In many practical questions it is close to the Sunni schools. More about the Zaydi school
The Ibadi school
The Ibadi school is one of the oldest traditions in Islam. It is lived above all in Oman, the neighbour of the Emirates, and also in communities in North Africa, such as the Mzab in Algeria and the Tunisian island of Djerba. It is known for its learning and for its calm, measured piety. More about the Ibadi school
The Zahiri school
The Zahiri school goes back to Dawud ibn Ali al-Isfahani (d. 270 AH / 884 CE) and reached its peak with the great Andalusian scholar Ibn Hazm (d. 456 AH / 1064 CE), may Allah have mercy on them. It holds to the apparent, literal meaning (zahir) of the texts and rejects analogical reasoning. Today it has hardly any followers of its own, but Ibn Hazm's al-Muhalla is read by scholars of every school. More about the Zahiri school
The Amman Message
In 2004 the Amman Message was published in Jordan. In 2005 scholars from many countries and from all the major traditions gathered in Amman and confirmed three principles in a joint declaration:
- Recognition: Whoever follows one of the eight schools of law – Hanafi, Maliki, Shafi'i, Hanbali, Ja'fari, Zaydi, Ibadi or Zahiri – is a Muslim.
- No takfir: It is not permitted to declare a follower of these schools an unbeliever. His life, honour and property are inviolable.
- Responsibility in giving fatwas: Only qualified scholars who meet the conditions of their school may issue legal opinions.
The Amman Message is a sign of wisdom in a turbulent time. It reminds us that the schools may – and should – stand side by side.
How does a Muslim follow a school?
Not everyone has mastered Arabic at the highest level, knows thousands of hadith with their chains of transmission and commands legal methodology. That is why Allah has given a simple solution: "So ask the people of remembrance if you do not know" (16:43; cf. 21:7).
The scholars call following a recognised school taqlid. It is not thoughtlessness but trust – just as a patient trusts a doctor without having studied medicine. A Muslim who follows the teaching of his school in prayer and fasting stands on firm ground.
In practice this means:
- Learn the basics of your school: How do you wash, how do you pray, what breaks your fast? Every school has short, time-tested textbooks for this.
- Ask a scholar you trust: the imam of your mosque, an official fatwa office or a teacher with recognised training.
- Check the source, not just the answer: Answers on social media without an identifiable scholar are no good substitute for well-founded advice.
- When in doubt, stay with what you have learned: Many scholars advise against jumping from school to school just to pick out the easiest opinion each time.
And if you grew up in a family that does not follow any particular school, or if you have newly found your way to Islam, a good path is to follow the school that is taught around you and for which you can find a reliable teacher.
Side by side in the Emirates
In the United Arab Emirates you can experience the diversity of the schools every day. The Maliki school has a long tradition in the Emirates and the Gulf region. At the same time, people from more than a hundred nations live here: Hanafis from Pakistan, India, Afghanistan and Turkey, Shafi'is from Egypt, Indonesia and Kerala, Hanbalis from the Arabian Peninsula, Shia Muslims from many countries, Ibadis from neighbouring Oman.
In the mosque they stand in the same rows. One raises his hands more often in prayer than another; one places his hands on the chest, another below the navel, a third lets them hang at his sides. One says "Amin" aloud, another quietly. Someone seeing this for the first time may wonder. Someone who knows the schools smiles: each of these forms has its reasons, and each is upheld by great scholars.
This attitude reflects wasatiyyah, the middle way that Allah described for the Ummah: "And thus We have made you a community of the middle way" 2:143. In the Emirates this middle way is lived: deeply rooted in one's own faith and full of respect for every recognised school.
In closing
The schools of law are like different paths leading up the same mountain. They start at different places and have different trails and resting points, yet all lead to the same goal: to serve Allah in a way that pleases Him, as His Messenger ﷺ taught.
May Allah have mercy on the great imams who devoted their lives to understanding His religion, and may He give us hearts that learn from them, love them, and never forget our own brothers and sisters along the way.
In the following chapters you will get to know each school individually – its imams, its method, its great books and its traces in history. Begin with the Hanafi school.
Questions fréquentes
Do I have to follow a school of law?
The great majority of scholars advise anyone who is not a scholar to follow a recognised school, or to rely on a scholar who teaches according to such a school. This gives security and protects against arbitrarily picking the easiest opinions. For your personal situation, ask a scholar you trust.
Are the schools of law different religions or sects?
No. The schools are traditions within Islam that differ mainly in particular questions of practice. In the foundations – belief in Allah, in the Prophet Muhammad ﷺ, the Quran and the five pillars – they agree.
Is a prayer performed according to another school valid?
Yes. Scholars of all schools have prayed behind one another, and in Makkah and Madinah people of every school stand in the same rows every day. Different hand positions or saying "Amin" aloud or quietly do not invalidate the prayer.
Is "The difference of opinion of my Ummah is a mercy" a hadith?
The hadith scholars have established that this saying, in this form, is not authenticated as a statement of the Prophet ﷺ. The idea that the diversity of scholarly opinions gives the Ummah breadth is, however, held by many great scholars.
What is the Amman Message?
A declaration from Jordan in 2004, endorsed in 2005 by scholars from many countries. It recognises eight schools of law, forbids declaring their followers unbelievers, and states that only qualified scholars may issue fatwas.
Sources
- Quran 2:143, 2:185, 2:228, 4:59, 9:122, 16:43, 21:7
- Sahih al-Bukhari and Sahih Muslim: hadith "When Allah wants good for someone …", hadith on the afternoon prayer at Banu Qurayzah, hadith on the two rewards of the judge
- Malik ibn Anas: al-Muwatta
- ash-Shafi'i: ar-Risalah
- Ibn Abd al-Barr: Jami' Bayan al-'Ilm wa-Fadlihi
- Ibn Taymiyyah: Raf' al-Malam 'an al-A'immat al-A'lam (on the reasons for the imams' differences)
- The Amman Message (2004) and the declaration of the International Islamic Conference in Amman (2005)
- Wael B. Hallaq: An Introduction to Islamic Law (Cambridge University Press)
Ces pages donnent une vue d'ensemble. Pour les questions religieuses de ta vie quotidienne, adresse-toi à un savant qualifié de ton école juridique.