CHAPTER 2

THE ANCIENT SCHOOLS OF LAW.

SHĀFI‘Ī’S ATTITUDE TO THEM

SHĀFI‘Ī is known as the founder of one of the four surviving orthodox schools of law. It was not his intention to found such a school, and Muzani, the author of the earliest handbook of the Shāfi‘ite school, declares at the beginning of his work:¹ ‘I made this book an extract from the doctrine of Shāfi‘ī and from the implications of his opinions, for the benefit of those who may desire it, although Shāfi‘ī forbade anyone to follow him or anyone else.’ Shāfi‘ī devotes a considerable part of his writings to discussions with and polemics against his opponents, but always with a view to making them acknowledge and follow the sunna of the Prophet, and he speaks repeatedly against the unquestioning acceptance of the opinion of men.²

The older schools of law to which Shāfi‘ī is opposed, know a certain degree of personal allegiance to a master and his doctrine.³ Amongst the Iraqians, we find Abū Yūsuf refer to Abū Ḥanīfa as ‘the prominent lawyer’, and Shaibānī to ‘the companions of Abū Ḥanīfa’; Shāfi‘ī refers to those ‘who follow the doctrine of Abū Ḥanīfa’, or to his ‘companions’, and calls him ‘their master’; but also Abū Yūsuf has followers of his own. The most outspoken passage is one in which an Iraqian opponent, presumably Shaibānī, acknowledges Shāfi‘ī’s doctrine as good, but Shāfi‘ī retorts that, as far as he knew, neither the opponent had adopted it nor another of his ilk who lorded it over them, presumably Abū Ḥanīfa.⁴

Some of the Medinese rely on Mālik for their knowledge of traditions, and consider Mālik’s Muwaṭṭa’ as their authoritative