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Philosophy and Fundamentals of Sharī’ah for Islamic Finance
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d. In this writing, Imām al-Shāfi’ī combined the principles of both; the School
of Hadīth in Madinah and School of Ra’y in Kūfah. This celebrated book is
known as al-Risālah. Through this book, Imām al-Shāfi’ī is labelled as the
father of Islamic jurisprudence.

e. One of the established ijtihād made by the Shafiite is the penalty for an
accomplice who assisted a murder by restraining the victim. The Malikis
rule that both the murderer and the accomplice must be executed for
the murder whereas the Shafiite held that, only the man who committed
the act of killing (mubāshir) shall be executed but not the accomplice. The
accomplice will be punished with penalty (ta‘zīr) punishment.

Salient Features of Shāfi’ī Madhhab in Ijtihād

a. Shāfi’ī’s methodologies of ijtihād are partly contributed by Hanafis and
Malikis methodologies.

b. Emphasis on the aspect of devotional (ta‘abbudī) and avoiding ratiocination
in matter of worship.

c. Emphasis on the outward or manifest evident in arriving at Sharī’ah rulings
rather than assumption.

d. Shāfi’ī is known for his magnificent synthesis of legal theory in Islamic
jurisprudence.

e. Equation of the authority of the authentic Sunnah with that of the Qur’ān
except those texts related to matters of beliefs.

Example of Ijtihād based on Shāfi’ī Madhhab

• Permissibility of ‘Īnah contract as it fulfils the Sharī’ah basic requirements of
contract. A contract can’t be deemed as invalid merely on presumption of
people’s intentions. Instead it must be based on tangible or manifest evident.

The Ḥanbali Madhhab

a. The Ḥanbalī madhhab is founded by Abu Abdullah, Aḥmad ibn Muḥammad
ibn Ḥanbal al-Shaybāni al-Marwazi al-Baghdādi al-Baṣrah.

b. Imām Aḥmad grew up to be known as ibn Ḥanbal, taking the name of
his grandfather.
c. Imām Aḥmad had collected the total of 40,000 Hadīth and compiled them
in his celebrated book called al-Musnad. In this book the Hadīth are classified
based on the narrators and fiqh of the companions.

d. Imām Aḥmad , like the previous Imams, had placed paramount consideration
on the divine law i.e. the Qur’ān and Sunnah before arriving at a ruling.

e. Imām Aḥmad was not keen in supporting the secondary sources of Islamic
law.