Development of the Five Islamic Schools of Law Essay

Development of the Five Islamic Schools of Law - Essay ExampleMedina was the location that Muhammad and his followers settled in after traveling to it in 622. (Kahn 2001). Other Arab tribes as well as Jews were already living there, so Muhammad made a series of agreements with them in order to maintain an organized, peaceful relationship, as well as lawful order. These formal agreements have come to be known as the Constitution of Medina it involve the rights, duties and methods of solving disputes among members of various classes. (Al-Muhajabah, 2003). The agreements also gave the prophet Muhammad jurisdiction over completely of the wad living there. His actions, including his jurisdiction, were based on his interpretation of and strict adherence to the Quran. (Kahn, 2001). In simple terms, the first Islamic state established in Medina was based on a social contract, was constitutional in character and the ruler govern with the explicit written consent of all the citizens of the state. (Kahn, 2001).The constitution of Medina established a pluralistic state -- a community of communities. It promised equal security to all and all were equal in the eyes of the law. (Kahn, 2001). Each tribe had its own laws, and they all had to agree on them for them to be held as laws. To the tribe as a wholly belonged the power to determine the standards by which its members should live. (Coulson, 1994). The pluralism set forth by the community of Medina set the stage for the pluralism found of the separation of Islamic law into five straightforward schools. The first school of law to be discussed is the Maliki school.The school of Islamic law referred to as Maliki was founded by Anas ibn Malik. This is the school that was formerly the ancient school of Medina. hence it continued to accentuate the practices that were encompassed by the Medinese community. While the three other schools or jurisprudence adhered to using the Quran as their primary source for law formulation, the Maliki school was the barely one to use the practice of the people of Medina as not only a source but often the primary source (rather than the Quran). Malik felt that utilizing the practices of the people of Medina was a good source because both Muhammad and his companions lived their for most of their lives. Malik considered the people of Medina to be living Sunnah. (Wikipedia 2008). Although some reliance on Hadith (traditions concerning the Prophets life and utterances) was still evident, the Malikites prefer traditional opinions and analogical reasoning. (Encyclopedia Britannica 2008). The Maliki school believed that their laws did not need to be based on the Quran and could instead be based on Muhammads companions, for he gave them a line and knowledge that God had given to him. There were no records of Gods words save those in the knowledge shared by Muhammad. (Brockopp from Weiss 2002).The Great Shaykh theory makes explicit what is implied in these texts that individ uals, such as Imams and teachers, are invested with such religious authority that their words can generate law. Ascribing religious authority to great individuals quickly became endemic in Islamic culture great men and women, while no longer prophets, were still thought to embody certain ideals of truth and justice which emanated from the divine realm. (Brockopp from W