2/21/12 The four schools Hanafi Maliki Shafi’i Hanbali Agree on Kinds of Proof Koran Sunna Ijma Unanimous consensus Qiuas Analogy Disagree on Sources/Methods Equity Istihsan Extenuating circumstances allow one to violate the law Public Utility Maslahah Laws made/enforced in the interest of Life Religion Property Progeny Sanity Custom ‘Urf Dispute over what kinds of customs are admissible and what kinds are not Things change geographically and over time but a community generally agrees Example: a husband is obligated under the law to provide a house for his wife In the past, a house was a simple building Now it has electricity, indoor plumbing, heat, etc. The customs of what a house is have changed but the community of the time can agree and determine what exactly a “house” is for the current time period No final answer unless an agreement can be made on a communal level Will change from time to time and place to place Very important aspect of the law When customary considerations change, a new law comes into being Different from Ijma Ijma is an interpretive authority Custom is about application Jurors who determine these changes produce a “fatwa” Legal opinion, never binding But it is potentially authorizing You don’t have to act on a fatwa but you are authorized to do so Mufti – one who gives a fatwa Opinion gathered from scripture studyAll are equally authoritative in a formal sense But informally, some might be more popular than others When a mufti is giving a fatwah, he or she is relaying the status of a particular action or inaction before God on the Day of Judgment Some of those actions, in addition from judgment from God, may be subject to sanctions by the state here and now, others may not Range from forbidden to obligatory, discouraged and encouraged You get punished and rewarded accordingly Some things are not punished by the state but are punished by God in the
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