Will you give information about Shafii madhhab? When did Shafii madhhab originate? Who is its founder? What are his views? Will you explain it shortly?

Dear Brother / Sister,

SHAFII MADHHAB

The fiqh school that is attributed to Imam Shafii (d. 204/819).  

The full family name of Shafii is Abu Abdullah Muhammad b. Idris al-Qurashi al-Hashimi al-Muttalibi b. Abbas b. Osman b. Shafi' ; he was born in Ghazza in 150 H. He is the ninth descent grandson of Abdu Manaf, who is the fourth ancestor of Hz. Prophet (pbuh). Imam Shafii's year of birth coincides with Abu Hanifa's year of death (d. 150/767).

His father Idris went to Ghazza, Palestine, on business and died there. Two years after his birth, his mother took him to Makkah, their hometown. He memorized the whole Quran at a very young age. He learned poetry and literature in the tribe of Huzayl, whose members spoke fluent Arabic. Then, he was taught by Muslim b. Khalid az-Zana, the mufti of Makkah; he became knowledgeable enough to issue fatwas. He was about fifteen years old then. After that, he went to Madinah. The mujtahid Imam Malik b. Anas (d. 179/795) was a master in fiqh there. When Malik saw that Imam Shafii read al-Muwatta, which was Imam Malik's work, by heart, he was astonished. Imam Shafii narrated hadiths from Sufyan b. Uyayna, Fudayl b. Iyad, Muhammad b. Shafii, his uncle, and others.

He took the books of Iraqi fiqh scholars from Muhammad b. al-Hasan. He had religious discussions with them. He met and talked to Ahmad b. Hanbal (d 241/855) in Makkah in 187 H and in Baghdad in 195 H. Thus, he learned about Hanbali fiqh, its method and issues of nasikh (abrogating) and mansukh (abrogated). Then, he put forward his views, which are known as "the old madhhab of Imam Shafii" in Baghdad. He went to Egypt in 200 H and compiled his views, which are known as his "New Madhhab". He died there in 204/819 and was buried in a place called Qarafa.

Imam Shafii formed fiqh methodology first and wrote his book called "ar-Risala" on this issue. His work called al-Hujja includes his views in Iraq and his works "al-Umm" his views in Egypt.

Imam Shafii was an absolute and independent mujtahid; he was an imam in fiqh, hadith and methodology (usul). He followed a method that combined the fiqh of Iraq and Hejaz. Ahmad b. Hanbal stated the following about him:

"Shafii was the person who was the best regarding Allah's book and the sunnah of the Messenger of Allah among people." (Wahba az-Zuhayli, al-Fiqhul-Islami wa Adillatuh, Damascus 1405/1985, I/36, 37)

The Methodology of Shafii Madhhab

It is based on the Book, the Sunnah, Consensus and Analogy as evidence. Shafii rejects "Istihsan" (Juristic Preference), which is accepted by Hanafis and Malikis. He says, "Anyone who does istihsan imposes a shari'ah himself." He also refused to accept Masalih al-Mursalah (Public Interest) and Amal al- Madinah (the Practice of the People of Madinah) as evidence. The people of Baghdad gave him the nickname of "Nasir as-Sunnah" (Helper of the Sunnah).

Four Iraqi friends of Imam Shafii reported his "old madhhab" from him. They are Ahmad b. Hanbal, Abu Thawr, Za'farani and Karabisi. The following Egyptian friends of his reported his "new madhhab" included in al-Umm: al-Muzani, al-Buwayti, ar-Rabiul-Jayzi, ar-Rabi' b. Sulayman and others. In Shafiis, the views on which fatwas are based are the views of the new madhhab. For, Imam Shafii abandoned his old views and said,

"I will not forgive anyone who reports them from me."

However, about fifteen simple issues are exempted. On the other hand, it is stated that Imam Shafii said,

"When a hadith is sahih (sound) it is my madhhab. In that case, if my word is contrary to a hadith, discard my word." (az-Zuhayli, ibid, I/37; Muhammad Abu Zahra, Kitabush-Shafii, 149 ff)

Tadwin (Documentation and recording of Hadith in written form) of Fiqh Methodology by Shafii

Certain rules of methodology were observed in deducing decrees from verses and hadiths and settling daily religious problems related to details since the period of the Companions. In the period of the first mujtahid imams, oral naskh (abrogation) rules, information related to methodology like absolute, conditional, general, particular were used in making decrees. However, they were not written in the form of a book. Imam Shafii wrote about the issues of methodology in his book "ar-Risala" for the first time. For, Shafii found the wealth of fiqh that was transferred from the Companions, Tabiun and the fiqh scholars before him ready; he followed a uniting role with the knowledge of Madinah fiqh he received from Imam Malik and Iraq fiqh from Imam Muhammad. Since he knew the fiqh of Makkah, where he was brought up, very well, he developed the ability of determining the general methods of fiqh due to his sound infrastructure and formed the methodology of fiqh.

It is not strange that fiqh was written before methodology in madhhabs. For, the main topic in decrees is fiqh. Usul is a science of methodology and it exists naturally like the quality of the mind distinguishing between the right and wrong. For instance, when there are two verses that contradict each other regarding the same issue, the one that was sent down later abrogates the previous one and a particular decree limits a general decree. 

Shafii deduced decrees from verses and hadiths since he knew the language very well and he learned the issue of maskh since he was brought up in Makkah, where the knowledge of Abdullah b. Abbas, who was known as the translator of the Quran was taught.

The methodology of Shafiis is also called the methodology of mutakallimun (kalam scholars). For, their studies related to methodology are fully theoretical. Having a madhhab did not affect their methodology. For instance, Shafii does not accept ijma' as-sukut (consensus that was not objected). However, al-Amidi (d. 631/1233) prefers ijma' as-sukut in his book called "al-Ihkam" though he follows Shafii madhhab. [al-Amidi, al-Ihkami Usulil-Ahkam, Cairo (nd), I, 265]. This methodology is described as "the methodology of mutakallimun" because it made use of the methodology and topic of the science of kalam and it had philosophical and logical aspects. For instance, the issues like whether the good and the bad can be known by the mind, which is a topic of kalam, and whether the prophets had the attribute of ismah (innocence) before they became prophets were discussed.   

The oldest and most important three books written with the methodology of Shafiis or kalam scholars are as follows:

1) "Kitabul-Mu'tamad" Abu'l-Husayn Muhammad b. Ali al-Basri (d. 463/1071), who is from Mu'tazila school, 
2) "Kitabul-Burhan" written by Imamul-Haramayn al-Juwayni (d. 487/1085), who is from Shafii school
3) "Al-Mustasfa" written by Imam al-Ghazzali (d. 505/1111)

Fakhruddin ar-Razi (d. 606/1209) summarized these three books and made some additions, calling this work "al-Mahsul ". The work of Sayfuddin al-Amidi (d. 631/1233) called "al-Ihkam" is a combining book and a summary like that one. Afterwards, Sirajuddin al-Urmawi (d. 682/1283) summarized "al-Mahsul" in his book called "at-Tahsil" and Tajuddin al-Urmawi (d. 656/1258) summarized it in his book called "al-Hasil". Shihabuddin al-Qarafi (d. 684/1285) wrote a small book called "at-Tankihat" including some basic knowledge and rules that he deemed important from these two books. Abdullah b. Umar al-Baydawi (d. 685/1286) did something similar.

Ibn Hajib (d. 846/1442) summarized al-Amidi's book al-Ihkam in "Muntaha as-Sul wal-Amal". Then, he also summarized this work in his book called "Mukhtasarul-Muntaha". Afterwards, explanations were written for these summaries.

The Resources on which Shafii Fiqh is Based

Imam Shafii determined the evidences on which he based his ijtihads as follows in "al-Umm":

"Ilm (knowledge) is divided into several degrees. The first is the Quran and the Sunnah which is fixed. The second is consensus on issues about which there are no decrees in the Book and the Sunnah. The third is the words of some Companions. However, there must not be any contradictions among these words of the Companions. The fourth is the words that are controversial among Companions. The fifth is analogy. This is basically based on the Book and the Sunnah. Knowledge is acquired from the highest of these degrees." (ash-Shafii, al-Umm, Cairo 1321-1325, VII/246)

Accordingly, Shafii school accepts the Book and the Sunnah as the main source of the Islamic law. For, the other evidences are basically based on these two evidences and they cannot be contrary to these two. Shafii accepts the Book and the Sunnah which is fixed as evidence of the same degree. For, the Sunnah completes the expression of the Quran and expands its short statements; it also explains some subtleties that some people cannot understand. Accordingly, the Sunnah needs to be in the same degree as the thing that it explains in terms of knowledge so that it will be in the explanatory state. Many Companions regarded hadiths like this.

However, this state does not mean that Imam Shafii regards the Sunnah as equal to the Quran in all aspects. For, the Quran is the word of Allah, and the Sunnah is the words, deeds and consent of the Prophet (pbuh). The Quran is read with the purpose of worshipping but the Sunnah is not read with this purpose. The Quran is definite with tawatur but most of the Sunnah is not based on tawatur. According to Imam Shafii, the Sunnah is like a branch of the Quran. Therefore, it takes its strength from the Quran, supports it and completes it. Accordingly, the one that explains and the one that is explained should be equal to each other. However, the Sunnah must be sound for it. Therefore, ahad and mursal hadiths are not as strong as the former. On the other hand, Shafii states clearly that the Sunnah is not at the same level as the Quran in determining the principles of faith. (M. Abu Zahra, İslâm'da Fıkhı Mezhepler Tarihi, Trnls. by Abdülkadir Şener, İstanbul 1978, p. 336, 337)

Shafiis Accepting Ahad Hadith as Evidence

The hadith that is narrated by one, two or more Companions and that does not meet the conditions of mashhur hadith is called "ahad hadith". Hanafis divide hadiths that have no interruption in their chains of narrators into three as mutawatir, mashhur and ahad. According to the majority of mujtahids, the Sunnah is divided into two as mutawatir and ahad. Mashhur sunnah is not a type of its own but like ahad sunnah. For, in mashhur sunnah, the number of the narrators of the first level does not reach the number of tawatur. According to the majority, ahad sunnah is divided into three as gharib, aziz and mustafid. Gharib means a hadith that has only one narrator in all three levels or in any level. Aziz hadith means a hadith that has two narrators in all three levels or more than two narrators in one or two levels but two narrators in one or two levels. Mustafid hadith means a hadith that has three or more narrators in all three levels.

When Imam Shafii accepts ahad hadith as evidence, he regards it enough if the chain is sound and uninterrupted. He does not look for conditions like the narrator of the ahad hadith to be a fiqh scholar and to act in accordance with the hadith, and the hadith to be in compliance with general rules like Hanafis or to be in accordance with the practice of the people of Madinah like Malikis.  

When Imam Shafii defends hadith, he puts forward that ahad hadiths should also be accepted as evidence using the following evidences:

1. Hz. Prophet (pbuh) sent single messengers, which did not reach the number of tawatur, to call tribes and nations to Islam. Nobody objected to it saying that the number of the messengers is not enough.

2. Judgments are given based on the witnessing of two people in the cases regarding property and blood. (see al-Baqara, 2/282). However, two is not a number that is enough for tawatur.

3. Hz. Prophet (pbuh) allowed even encouraged the people who heard hadiths from him to narrate it to others even if the listener was only one person. The following is stated in a hadith:  

"May Allah illuminate a person who hears a word from me and narrates it to others!" (Tirmidhi, Ilm, 7; Abu Dawud, Ilm, 10; Ibn Majah, Muqaddima, 18; Manasik, 46; Ahmad b. Hanbal, I/437, V/183).

On the other hand, the Prophet asked those who listened to the sermon during the Farewell Hajj to convey what they heard to the others stating that it was possible for those to understand the decrees better than those who conveyed them. (Bukhari, Ilm, 9, 10, 37; Hajj, 132, Sayd, 8; Adahi, 5; Maghazi, 51; Fitan, 8; Tawhid, 24; Muslim, Hajj, 446; Qasama, 29,30; Abu Dawud, Tatawwu', 10; Tirmidhi, Hajj, 1; Nasai, Hajj, 111).

4. The Companions narrated the hadith of the Prophet (pbuh) from one another singly; they did not lay it as a condition for a hadith to be narrated by several people.  (Abu Zahra, ibid, 339, 340)

Imam Shafii Accepting Mursal Hadith as Evidence

A hadith that has an interruption in its chain is called "Mursal Hadith". When somebody from Tabiun skips the Companions and when somebody from Tabau-Tabiin skips the Tabiun or Companions and narrates a hadith as if they heard it from the Prophet (pbuh) directly, it is called mursal hadith. Abu Hanifa and Imam Malik accept hadiths like that if the narrator is a trustable person without laying any other conditions.

Imam Shafii accepts a mursal hadith if the person from Tabiun is a famous one like Said b. al-Musayyab of Madinah and Hasan al-Basri of Iraq and one who met and talked to many Companions. In addition, he lays it as condition for the hadith to have the following properties: 

1. A mursal hadith must be supported by another hadith that has the same meaning and full chain.
2. A mursal hadith must be supported by another mursal hadith that is accepted by scholars. 
3. A mursal hadith must be in compliance with the words of some Companions.
4. Scholars had to accept that mursal hadith and most of that had to issue fatwas based on it.

However, if a mursal hadith contradicts with a hadith that has full chain, the latter is preferred. (M. Abu Zahra, Usulul-Fiqh, Darul-Fikril-Arabi print 1377/1958, nd, 111,112)

Example from practice:

The following is reported from Hz. Aisha (d. 58/677):

"Some food was given to Hafsa as a gift. We were both fasting but we broke our fast with that food. Then, the Messenger of Allah (pbuh) arrived. We told him about the situation. The Messenger of Allah said,

"It is all right. Perform fasting another day for it. "

This hadith is mursal because az-Zuhri (d 124/741) reported it from Hz. Aisha but he did not hear it from Hz. Aisha in person; he heard it from Urwa b. az-Zubayr. (ash-Shawkani, Naylul-Awtar, IV, 319). Therefore, Imam Shafii does not act based on this mursal hadith and says a person who breaks a nafilah fasting does not have to perform it another day.

On the other hand, he accepts the following hadith reported by Zuhri because its narrator Said b. al-Musayyab is famous:

"When a person who pawns something does not pay his debt, the thing that is pawned does not cease to be his property. The yield and damage of the thing that is pawned belongs to the person who pawns it." (Ibn Majah, Ruhun, 3; Zaylai, Nasbur-Raya, IV/319-321)

According to this hadith, something that is pawned is like an entrusted thing. If it is harmed without a deliberate act or mistake of the person to whom it is entrusted, the debt of the person who pawns it does not decrease. (Zakiyuddin Sha'ban, Usulul-Fiqh, Trnsl. by İbrahim Kâfi Dönmez, Ankara 1990, 80,81)

Shafii not Accepting Ijma as-Sukut as Evidence

Ijma (Consensus) is divided into two as clear and sukuti. There is no disagreement about the former being evidence. Ijma as-Sukut (consensus that was not objected) means one or more than one mujtahid expressing their view regarding a religious issue and the other mujtahids living in the same period hearing it but keeping silent without supporting or opposing it. According to Malikis and the last view of Imam Shafii, ijma as-sukut is not regarded as evidence. For, the mujtahids keeping silent about an issue may mean that they agree with it but it may originate from some other reasons. The reasons for keeping silent might be not making a decision about the issue yet, refraining from the mujtahid who has expressed his view and fearing that he might be harmed when he expresses his view. In brief, the existence of ijma cannot be mentioned unless agreement occurs. Al-Amidi, who is a Shafii scholar accepting ijma as-sukut, uses the term "evidence based on zann (view/probability)". (M. Abu Zahra, ash-Shafii, Trnsl. by Osman Keskioğlu, Ankara 1969, p. 252 ff.)

Shafii School Opposing Istihsan

Istihsan (Juristic Preference) means a mujtahid having a decree about an issue and then abandoning that decree and giving another decree based on evidence like a nass (verse, hadith), ijma, obligation, hidden analogy, tradition or public interest necessitating him abandoning his decree he gave regarding similar issues based on his own view.

Imam Shafii opposes istihsan and wrote a booklet called "Ibtalul-Istihsan" regarding the issue. He writes the following in this work:

"All of these I mentioned as the decree of Allah, His Messenger and the community of Muslims show that it becomes permissible for a person who wants to be a judge or mufti to issue fatwas based on only binding evidence. This can be only based on the Book, the Sunnah, a view expressed by scholars without any disagreement or analogy to them. Fatwa cannot be issued with istihsan. Istihsan is not binding; it does not have any of these meanings."

It is possible to find similar statements in Shafii's books called "Jimaul-Ilm", "ar-Risala" or "al-Umm".

Hanafis used istihsan a lot and Malikis followed them in this issue.

Imam Shafii opposed istihsan saying, "A person who makes istihsan imposes a religion on his own." He based his view on the following evidence:

1. Religious decrees are based on verses and hadiths directly or indirectly through analogy. If istihsan is included in one of them, there is no need for another term. Otherwise, it is concluded that God Almighty left some gaps in some issues, which contradicts the following verse:  

"Does Man think that he will be left uncontrolled, (without purpose)? " (al-Qiyama, 75/36)

2. Obedience to Allah and His Messenger is ordered in the Quran; obedience to the desires of the soul is forbidden; reference to the Quran and the Sunnah is demanded when there is a disagreement. (an-Nisa, 4/59)

3. Hz. Prophet (pbuh) did not give fatwas with istihsan and did not speak out of his own desire. When he was asked about the person who said to his wife, "You are like my mother's back to me", he did not give a fatwa but waited until the verse of "Zihar" (al-Mujadala, 58/1-4) was sent down.

4. Hz. Prophet (pbuh) did not approve of the Companions who killed a polytheist who took refuge in a tree based on their own view and of Usama when he killed a person who said, "La ilaha illallah" out of fear of death.

5. Istihsan does not have a rule and a criterion that will compare the truth with the wrong. If it is allowed, many different fatwas regarding the same issue will occur.  

6. If an understanding that is based on the mind only occurs, it would be permissible for those who did not have the knowledge of the Book and the Sunnah to use this method. (ash-Shafii, al-Umm, VI/303, VII/271 ff.; Abu Zahra, Usulul-Fiqh, 271 ff.)

However, it is necessary to view the istihsan that Imam Shafii rejects as "making a decree based on personal desire and subjective thought without basing it on any religious evidence." It is doubtless that such an istihsan is not accepted by Hanafis. As a matter of fact, in Hanafis, it is necessary for the issue to be something religious and based on one of the six evidences below for istihsan to be made:

1. Istihsan based on verses and hadiths: For instance, it is forbidden to sell something that is not available (Abu Dawud, Buyu', 70), but salam, which is a deal "in which money is paid in advance but the products are delivered later", is allowed (Abu Dawud, Buyu', 57). Here, analogy (qiyas) is abandoned and istihsan is made based on the second hadith.

2. Istihsan based on consensus. For instance, "aqd al-istisna" to order something from an artisan to do or make is based on consensus. For, no scholar has opposed it for centuries.    

3. Istihsan based on an obligation or necessity. For instance, a well that gets dirty is regarded as clean when some of its water is drawn. (Ibnul-Humam, Fathul-Qadir, I/67 ff.; Ibn Abidin, Raddul-Muhtar, I/147 ff)

4. Istihsan based on hidden analogy. For instance, according to the established rule, when some land is sold, its rights of easement are not transferred to the buyer spontaneously unless a special condition is laid. Regarding the issue, the analogy of foundation/endowment to selling is open analogy and its analogy to renting is hidden analogy.  Foundation is compared through the method of istihsan and the principle of the rights of easement (drinking water, taking water, passage, etc) being transferred to the foundation has been adopted. (Zakiyuddin Sha'ban, Usulul-Fiqh, 168)

5. Istihsan based on tradition. According to the established rule, a foundation needs to continue forever. This means foundations can be related to real estate only. However, Imam Muhammad ash-Shaybani decreed that things like books that are traditionally given to foundations are contrary to analogy but could be given to foundations. Acting upon this principle, fatwas were issued for cash foundations.

6. Istihsan based on public interest. According to the established rule, agricultural partnership ends when one of the parties dies According to the analogy to rental contract. However, if the landowner dies before the crops have grown, the contract is regarded to have lengthened up to the time when the crops are harvested in order to protect the interest of the worker. (Zakiyuddin Sha'ban, ibid, 171).

In conclusion, when the understanding of istihsan of Hanafis and Shafiis are studied carefully, it will be seen that there is not an important difference between them. For, one of the evidences mentioned above is always present in the foundation of the issues in which Hanafis apply istihsan. As a matter of fact, according to what al-Amidi states, Imam Shafii used this method by using the term istihsan regarding some issues. The following statements of Shafii can be given as examples regarding the issue: "I regard it appropriate for mut'a to be thirty dirhams", " I regard it appropriate for the owner of the right of preemption to use it within three days." (al-Amidi, al-Ihkam, III/138).

Shafii accepting the words of the Companions as evidence

Some Shafii methodologists say that Shafii regarded the words of the Companions as evidence in his old madhhab but abandoned this view in his new madhhab. However, it is seen in "ar-Risala", which is his book reported by Rabi b. Sulayman al-Muradi, who narrated his new madhhab, that he used the words of the Companions as evidence. (ar-Risala, Halabi edition and Ahmad M. Shakir publication, Cairo 1940,p. 597).

In addition, Shafii states the following in his book al-Umm, which includes his new madhhab:  

"There is no excuse for those who know the Book and the Sunnah; it is necessary to act accordingly. If there is no decree in the Book and the Sunnah, we refer to the words of the Companions or one of them. If we cannot find an indication to the word that is closer to the Book and the Sunnah regarding the controversial issue, it is better for us to act in accordance with the word of Abu Bakr, Umar and Uthman. If there is evidence that a word is closer to the Book and the Sunnah, we will act in accordance with it." (Shafii, al-Umm, VII/246)

Parts of the Ilm of Shari'ah

According to Imam Shafii, the ilm of shari'ah is divided into two:

1. Definite ilm which is based on nass (verses and hadiths) that indicates decrees certainly.

2. Zanni (speculative/probable) ilm based on probable thought. Ahad hadiths and analogy are included in this part. If mujtahids cannot deduce definite decrees from nass, they are contented with the ilm that is acquired through probable thought. 

Shafii abrogated the books he wrote in Baghdad with the books he wrote in Egypt. He said,

"I do not allow anyone to report the books I wrote in Baghdad from me."

There are various views about an issue in Shafii's both old and new books. Sometimes, two or three analogies are made but the preference is left to the reader. We can give the example of the agricultural products that are sold without giving zakah. If a person sells his fruits or cereals without giving zakah and the buyer finds out later that zakah has not been given for them, the following three situations are in question:

a. Does the buyer have the right to annul the selling contract for the whole products or only the part whose zakah has not been given?
b. The rate of zakah is one-tenth if the land is watered by rain and one-twentieth if it is watered by some tools. Does the buyer have the right to choose here? 
c. Does the buyer buy the part that remains after zakah is subtracted with the whole money, or does he annul the deal? Shafii states that all views can be right.

It can be said that the multitude of views in Shafii madhhab helped this madhhab to develop. For, the door of preference is always left open in this madhhab. (Abu Zahra, İslâm'da Fıkhî Mezhepler Tarihi, 354, 355)

The Spread of Shafii Madhhab

Shafii madhhab spread especially in Egypt. For, the imam of the madhhab spent the last part of his life there. This madhhab spread also in Iraq because Shafii started to spread his views there first. It spread to Khorasan and Mawaraunnahr through Iraq and it shared fatwa and education with Hanafi madhhab in these countries.   However, Hanafi madhhab was dominant in these countries because it was the official madhhab of the Abbasid administration. When Ayyubis came to power in Egypt, Shafii madhhab became stronger; it had the biggest authority on the people and the state. However, during the era of Kolemens, Sultan Zahir Baybars stated that qadis should be appointed based on four madhhabs and it was applied. However, even in this era, Shafii madhhab had a position higher than the other madhhabs in this region. For instance, the authority to appoint qadis to the cities in the provinces and the right to control the wealth of orphans and foundations belonged to Shafii madhhab only. 

When the Ottomans became dominant in Egypt, Hanafi madhhab became superior. Afterwards, when Muhammad Ali Pasha became the ruler of Egypt, he abolished acting officially in accordance with the other madhhabs.  

Shafii madhhab entered Iran, too. Today, it is next to Shiite school in Iran.

Today, the number of people belonging to Shafii madhhab in the east of Anatolia, Caucasia, Azerbaijan, India, Palestine, Ceylon and Malay Muslims is quite high. In the Indonesian islands, the only dominant madhhab is Shafii madhhab. (Abu Zahra, ibid, 358 ff.)

Author:

Hamdi Döndüren (Prof.Dr.)

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