Development of the Sunni and Shi‘ite Theories of Law

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The Sunni and Shi’ite Muslims differed close to a thousand years ago or more. Whereas The Shi’ite Muslims believe in the fourth Caliph, Ali, The Sunni Muslims believe in all the Caliphs who were successors of The Prophet Muhammad. The Shi’ite Muslims belief in Caliph Ali springs from the fact that Ali came from the family lineage of Prophet Muhammad. (Esposito 67) The Sunni and Shi’ite Muslims share the same spiritual beliefs and practices.

The only differences between the two groups of Muslims are purely political or differences on leadership of the Muslims after the death of Prophet Muhammad .However, the political differences have also brought about varying standpoints that have a bearing on spirituality. Of importance though, is the fact that the two groups of Muslims believe in one God, the teachings of Prophet Muhammad and that there will be resurrection on the final Day of Judgment.

The division between the Sunni and Shi’ite Muslims arose after sharp differences of who should lead the Muslim brotherhood after the death of Prophet Muhammad. Sunni Muslims held the view that anyone who had the right qualifications was eligible to carry the mantle of leadership of the Muslim faith.

Indeed, this was what was done as Abu Bakr, a close ally of Prophet Muhammad became the first Caliph of Muslim brotherhood. On the one hand, The Shi’ite Muslims believed in the view that leadership of the Muslims after the death of Prophet Muhammad should have remained with one of the family members of Prophet Muhammad.

This meant, an individual appointed by Prophet Muhammad himself or an Imam who was God’s appointee. The Shi’ite Muslims therefore believed that the leader of the Muslim faith should have been handed to a cousin or a brother in-law to The Prophet Muhammad. Throughout the course of history, Shi’ite Muslims have chosen to only recognize Imams from a certain lineage who they believe were appointed by The Prophet Muhammad or by God.

They are therefore opposed to elected leaders of The Muslim faith. It is worth noting that the majority of Muslims in the world are Sunni Muslims who make up 85% percent of the total population of Muslims. Shi’ite Muslims are found in relatively large numbers in parts of Iraq and Iran. Small groups are found in Syria, Bahrain, Yemen and Lebanon.

Shi’ite Muslims regard The Imams as sacred beings and contend that their authority is supreme and infallible. It is for this reason that The Shi’ite Muslims undertake holy pilgrimages to their tombs in the hope that The Imams will intercede for them.

The Sunni Muslims do not see the need to make holy journeys or pilgrimages to the tombs of the Imams because they were initially opposed to a hereditary leadership of The Muslims. Shi’ite Muslims are opposed to the views of close allies of The Prophet Muhammad as featured in religious writings. Some of these allies include, Aisha, Abu Bakr and Umar.Shi’ite Muslims oppose their narrations which mostly border on the life and religious practices of Prophet Muhammad.

As a result, The Shi’ite Muslims do not base any of their spiritual practices on the accounts of any of the allies of Prophet Muhammad, previously mentioned. This brings about differences in spiritual practice between the Shi’ite and Sunni Muslims specifically on prayer, pilgrimage and fasting. As opposed to The Shi’ites, The Sunni Muslims do not have an elaborate hierarchy of religious leadership.

Historically; spiritual leaders of Sunni Muslims have been under the control of the state. Sunni Islam is not strict on who should serve during prayers or spiritual functions. The manner in which religious rituals are conducted between The Sunni and Shi’ite Muslims varies as a result of their differing interpretations of religious law. It is worth mentioning however that both groups come to appoint of point of agreement in terms of basic Islamic beliefs.

Sunni Islam offers four alternative legal interpretations that informs on the lives of followers of Muslim religion. (Halm 22). Throughout history, the study of Muslim law was done in special schools called asmadrasas.The four legal interpretations exploit the method of analogy to institute legal decisions.This also spells out a different dimension to the teachings of the Prophet and his allies(hadiths) within their jurisprudence.

In some countries such as Turkey, where secular life has largely been adopted, scholars on spirituality are responsible for issuance of a social and moral framework that guides Muslims on how they should practice their spirituality and the framework is not usually legally binding. The four alternative and varying legal interpretations range from the Hanafi which is the oldest order of law. (Hourani 89). It was founded in Iraq by Abu Hanifa.It is found in Turkey,Syria,India,Central Asia,

The Balkans,Iraq,Lebanon,Jordan,Pakistan, Afghanistan,and Bangladesh. The second legal interpretation is the Maliki.It was founded by Malik Ibn Anas in the Arabian Peninsula.

It is found in Bahrain, Mauritania, Kuwait and North Africa. The third legal interpretation is the Shafi’I which was founded by Muhammad Ibn al-Shafi’i.It is found in parts of Yemen,Sudan,Somalia,Egypt,Ethiopia,Malaysia and Indonesia.The fourth legal interpretation is the Hanbali.It was founded by Ahmad Hanbal.It is found in Qatar, Saudi Arabia, parts of Oman, The United Arab Emirates and Saudia Arabia.

In terms of religious practices, the two groups of Muslims differ in the length of time they take in prayer and in fasting. There is usually a head to head difference of fifteen minutes during the two spiritual rituals between The Sunni and The Shi’ite Muslims. The two groups also differ in the manner in which they conduct the marriage ceremony. Shi’ite Muslims believe in marrying a woman for a short while something that The Sunni Muslims totally disagree with because The Prophet Muhammad forbids it.

The act of pilgrimage as mentioned earlier also varies between the two groups of Muslims.Shi’ite Muslims pay homage to the tombs of Imams situated in Iraq and Iran. (Apidus 33). Sunni Muslims on the other hand follow the teachings of the allies of The Prophet Muhammad that the Shi’ite Muslims are opposed to. The Shi’ite Muslims bear a deep hatred of the first three Caliphs.

They recognized the fourth but did not recognize the other companions of The Prophet Muhammad. This hatred also brings rivalry between the two groups. Shi’ite Muslims hold the belief that Imam Mahdi who is the twelfth Imam has already been brought to life through birth and will emerge from his hideout. The Sunni do not believe this and contend that he is yet to be brought to life.

The main sources of Islamic legal decisions for both The Sunni and The Shi’ite are namely, the teachings of The Prophet Muhammad as conveyed to the Islamic believer by the Prophet Muhammad himself and his allies, the analogical interpretations of the law, jurisprudence through the method of consensus and the individual power of rational thinking.

In as far as there exist no codes that govern the interpretation of law for both the Sunni and Shi’ite, interpretation of law on the part of the Shi’ite allows room for rational thinking. In Shi’ite Islam, legal interpretation is centered around the teachings of the younger son of Ali, Hussein, a martyr who was executed by Sunni mercenaries at a spot near the ancient town of Karbala, Iraq.The Shi’ite usually pay tribute to Hussein in a special ceremony called The Ashura.

The Shi’ite found spiritual refuge in commemorating the martyrdom of Hussein, the moral teachings attached to his work and subsequent death. This strengthened the conviction of the Shi’ite Muslim and secured a foundation for spiritual practice and tradition. This also served as a foundation for Twelver Shi’ism the most dominant pillar of Shi’ite Islam.

Twelvers denotes a lineage of twelve Imams who are considered infallible and hail from the family descendancy of Ali.It is considered that the appointment of Imams is divine, right from birth.The twelvers are also considered to wield the authority of proclaiming legal and spiritual decisions.

Following the disappearance of the twelfth Imam, many twelvers decided to keep off politics and subtly await his return. A close look at Shi’ite Islam reveals that there have also been internal divisions and disagreements. There are sections of Shi’ite believers like The Ismailis who only recognize the first seven Imams of the descendancy of Ali .However, there is a general consensus within Shi’ite Muslims that Ali was the first legitimate Imam.

There are other groups that also disagree with some of the other successors of Ali apart from The Ismailis. The Ismailis were exposed to war and territorial conquests earlier than the other groups affiliated to Shi’ite Islam. They were able to establish strong territories that played significant roles in shaping the history of Shi’ite Islam.

In present day, The Ismaili Muslims live in fragmentations all over the world and are found in bigger concentrations in Afghanistan, in Pakistan, and in India. (Daftary 116) .The Zaydis are another sect of Shi’ites who recognize the first to the fifth Imam but disagree over the fifth. They are mostly found in Yemen.

They are opposed to the idea of the infallibility of Imams and the concept of twelfth Imam. Other sects aligned to Shi’ite Islam include the Alawites and Druzes. The Alawites are found in relatively bigger numbers in Lebanon and Syria .The Alawites only have a symbolic attachment to Islamic law rather than an applied one. (Momen 45). The Alevis are a small sect of Muslims affiliated to Shi’ite Islam. They are mostly found in Turkey and are deeply embedded into the Turkish Society.

Their spiritual activities are not well known. The Druze society is also considered a part of Shi’ite Islam. The community is found in large numbers in Israel, Jordan, Syria, and Lebanon. Once again like other offshoots of Shi’ite Islam, their religious and legal practices are not well known

In conclusion, The Sunni and Shi’ite Muslims seem to agree on the existence of one God and The Prophet Muhammad as his only messenger. However, slight disparities in the interpretations of law and consequent jurisprudence emerge only on the issue of succession of The Prophet. Differences on the succession present a widening rift on certain spiritual tenets like prayer, fasting, and pilgrimage.

Works Cited

Apidus, Ira. A History of Islamic Societies. Cambridge: Cambridge University Press, 2002.

Daftary, Farhad. A Short History of the Ismailis. Edinburg: Edinburg University Press, 1998.

Esposito, John. What Everyone Needs to Know about Islam. Oxford: Oxford University Press, 2002.

Halm, Heinz. Shi’ism. Edinburg: Edinburg University Press, 2004.

Hourani, Albert. A history of the Arab Peoples .New York: Warner Books, 1991.

Momen, Moojan. Introduction to Shi’i Islam. Yale: Yale University Press, 1985.

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Development of the Sunni and Shi‘ite Theories of Law

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