History of the growth of Muslim
legal system
The Muslim legal system, often referred to as Sharia or Islamic law, has a rich
and multi-faceted history that reflects the evolution of Islamic society,
politics, and jurisprudence over more than 1,400 years. Its growth can be
traced through a series of key periods, from the formative years of Islam
during the life of Prophet Muhammad to the complex interactions between
Islamic law and modern legal systems in contemporary Muslim-majority
countries. Below is a detailed history of the growth of the Muslim legal
system.
1. Origins and Formative Period (7th
Century CE)
A. Revelation of the Quran and Prophet Muhammad’s Role
(610–632 CE)
The Quran, considered the literal word of God revealed to Prophet
Muhammad, serves as the foundation of Islamic law. Although the Quran is
not primarily a legal text, it contains specific legal provisions related to
various aspects of life, including family law, criminal law, commercial
transactions, and personal conduct.
Legal Verses in the Quran: Around 500 of the Quran’s approximately
6,000 verses deal with legal matters. These include rules about inheritance,
marriage, divorce, contracts, and punishments for crimes like theft and
adultery.
Hadith and Sunnah: The Hadith (reports of the sayings and actions of
Muhammad) and Sunnah (practices of the Prophet) are critical in interpreting
and supplementing Quranic law. Muhammad acted as a judge and arbitrator
during his lifetime, providing legal rulings in disputes and setting precedents
for later jurists.
B. Early Caliphal Era (632–661 CE)
Following Muhammad's death in 632 CE, the four Rashidun Caliphs (Abu
Bakr, Umar, Uthman, and Ali) continued to govern according to the principles
of the Quran and the example set by Muhammad. However, as the Muslim
empire expanded, they faced new legal challenges and had to establish a
more structured judicial system.
Qadis (Judges): The early Islamic judicial system began to formalize with
the appointment of qadis (judges) to adjudicate disputes based on Islamic
principles. These early judges were often companions of the Prophet who had
firsthand knowledge of his practices and judgments.
Legal Flexibility: The early caliphs emphasized flexibility and practical
governance, issuing decrees to address new circumstances while adhering to
Islamic principles. Caliph Umar, for example, is known for introducing social
and economic reforms, some of which were not explicitly detailed in the
Quran but were considered consistent with its spirit.
2. The Umayyad and Abbasid Caliphates
(661–1258 CE)
A. Umayyad Caliphate (661–750 CE)
During the Umayyad period, the Islamic empire grew rapidly, bringing
diverse populations under its control. This expansion created new legal
challenges as the Muslim community interacted with non-Muslims and faced
issues related to governance and administration over a vast territory.
Expansion of Legal Authority: Under the Umayyads, the caliphs
appointed qadis in major cities to adjudicate disputes. Although these judges
operated with significant autonomy, they were influenced by local customs
and pre-Islamic traditions in newly conquered regions.
Influence of Local Laws: The Umayyad legal system was not fully
formalized, and local practices often influenced legal decisions. This period
was marked by a blend of Islamic principles and pre-existing legal customs,
particularly in areas like commerce and taxation.
B. Abbasid Caliphate (750–1258 CE)
The Abbasid period marked a major turning point in the formalization and
development of Islamic law. This era is often referred to as the "Golden Age"
of Islamic jurisprudence.
Systematization of Islamic Law: By the 8th century, Islamic scholars
began to develop a more systematic approach to Islamic law, resulting in the
formation of fiqh (Islamic jurisprudence). Fiqh refers to the human
understanding and interpretation of divine law (Sharia), which is based on
the Quran, Hadith, and other sources.
Madhabs (Schools of Jurisprudence): During this period, four major
Sunni schools of law emerged:
1. Hanafi School: Founded by Abu Hanifa (d. 767), the Hanafi school is
known for its flexibility and reliance on analogical reasoning (qiyas). It
became the dominant school in the Abbasid and later Ottoman empires.
2. Maliki School: Founded by Malik ibn Anas (d. 795), the Maliki school is
based on the practices of the people of Medina (where Muhammad lived) and
emphasizes amal (customary practices) in addition to the Quran and Hadith.
3. Shafi'i School: Founded by Muhammad al-Shafi'i (d. 820), this school is
credited with systematizing the principles of Islamic jurisprudence (usul al-
fiqh). It places equal emphasis on the Quran, Hadith, consensus (ijma), and
analogical reasoning (qiyas).
4. Hanbali School: Founded by Ahmad ibn Hanbal (d. 855), the Hanbali
school is the most conservative of the four, placing great emphasis on the
Quran and Hadith while rejecting broader use of reasoning.
Shi’a Legal Development: Alongside the Sunni schools, the Ja'fari
school of Shi’a jurisprudence also developed, emphasizing the teachings of
the Prophet’s family, particularly Imam Ja'far al-Sadiq (d. 765).
Ja’fari School: This is the main school of law in Shi’a Islam, named after
Imam Ja’far al-Sadiq (d. 765), who emphasized the role of the Prophet’s
family in interpreting Islamic law.
Role of the Ulama: The Abbasid period saw the rise of the ulama (Islamic
scholars) as the key figures responsible for interpreting Islamic law. The
ulama played a crucial role in teaching and issuing legal opinions (fatwas),
and their influence became institutionalized within Islamic society.
3. Classical Period and the Expansion of
Islamic Law (10th–15th Centuries CE)
During the medieval period, Islamic law continued to evolve as Muslim jurists
expanded their legal works and commentaries. New regions came under
Muslim control, and Islamic law spread across the Middle East, North Africa,
Spain (Al-Andalus), and South Asia.
A. The Codification of Legal Texts
Fiqh Manuals: Scholars began to write comprehensive legal manuals that
systematized and codified Islamic jurisprudence. These works became
reference texts for judges and scholars in various parts of the Islamic world.
For example, Al-Muwatta by Malik ibn Anas and Al-Risala by Al-Shafi'i became
foundational texts for the Maliki and Shafi'i schools, respectively.
Integration of Local Customs: As Islam spread to new regions, local
customs were often integrated into Islamic law, particularly in areas like
marriage, inheritance, and commercial practices. This created a diverse legal
landscape where Islamic principles were adapted to regional contexts.
B. Role of Courts and Judges
Qadis and the Legal System: By the 10th century, qadis were well-
established in Islamic courts across the empire, and Islamic legal systems
became more structured. The role of the qadi was primarily to apply Islamic
law in cases of personal status (family law), property disputes, and criminal
matters.
Separation of Secular and Religious Law: In some cases, secular law
(kanun) began to develop alongside Islamic law. This was particularly true in
the Ottoman Empire, where the sultans issued secular legal codes to govern
matters like taxation, military service, and administrative regulations, while
leaving personal status law to Islamic jurists.
4. The Ottoman Empire and Safavid
Empire Islamic Law
A. Ottoman Legal Reforms
The Ottoman Empire played a key role in the development and
implementation of Islamic law during the early modern period. While the
Ottomans adhered to the Hanafi school of law, they also introduced
significant legal reforms.
Kanun and Sharia: The Ottomans developed a dual legal system in which
Sharia governed personal status and religious matters, while kanun (secular
law) was used for administrative, financial, and criminal issues. This allowed
the empire to maintain a balance between Islamic tradition and the practical
needs of governance over a diverse population.
Legal Codification: In the 19th century, the Ottomans undertook legal
reforms known as the Tanzimat reforms, which included the codification of
civil and criminal law. These reforms were influenced by European legal
systems but were presented as consistent with Islamic principles.
B. Colonial Influence and the Impact of European Law
By the 19th and early 20th centuries, many Muslim-majority regions came
under European colonial rule, and colonial powers introduced Western legal
systems. This led to significant changes in the application of Islamic law,
particularly in areas like commercial and criminal law.
French and British Legal Influence: In countries like Egypt and India,
colonial administrators introduced legal codes based on French and British
law, which sometimes conflicted with Islamic legal traditions. However,
Islamic law continued to be applied in matters of family law and inheritance.
C. The Safavid Empire and Shi’a Legal Development
In Iran, the Safavid dynasty (1501–1736) promoted the Ja’fari school of Shi’a
law. Under the Safavids, Islamic law was institutionalized in Iran, and Shi’a
scholars became influential in shaping both legal and political life.
5. Islamic Law in the Modern Era (20th
Century–Present)
A. Post-Colonial Reforms
After gaining independence, many Muslim-majority countries retained a dual
legal system in which Islamic law governed personal status matters, while
secular laws handled other legal areas.
Codification of Personal Status Laws: Countries like Tunisia, Egypt, and
Pakistan codified Islamic law in areas of family law. For example, Tunisia’s
Code of Personal Status (1956) introduced reforms to marriage and divorce
laws, while Pakistan’s Muslim Family Laws Ordinance (1961) regulated issues
like polygamy and inheritance.
Constitutional Recognition of Sharia: Many countries, including Pakistan,
Iran, and Saudi Arabia, incorporated Islamic law into their constitutions.
Some countries, like Saudi Arabia and Iran, continue to use Islamic law as the
foundation of their entire legal system.
B. Islamic Revivalism and the Reassertion of Sharia
The late 20th century saw the rise of Islamic revivalist movements that
called for the reassertion of Sharia as the basis of law and governance.
Iranian Revolution (1979): The establishment of an Islamic Republic in
Iran led to the institutionalization of Shi’a Islamic law, making it the
foundation of governance and legal decision-making.
Implementation of Sharia in Sudan and Nigeria: Some countries, such
as Sudan and parts of Nigeria, adopted Sharia as state law, particularly in
criminal law.
C. Contemporary Challenges
In the 21st century, debates continue over the role of Islamic law in modern
states. Issues such as women’s rights, human rights, and the integration of
Islamic law with international legal standards are at the forefront of legal
discussions in Muslim-majority countries.
Reforms in Family Law: Countries like Morocco and Tunisia have continued
to reform family law, improving women’s rights in marriage, divorce, and
inheritance, often drawing on Islamic legal principles to justify the changes.
Islamic Finance: Islamic financial law, which prohibits interest (riba) and
speculative transactions (gharar), has become an important area of
development, leading to the growth of Islamic banking and finance on a
global scale.
6. Colonial Period and Secularization
(19th–Early 20th Century)
A . Colonial Influence
During the 19th and early 20th centuries, much of the Muslim world came
under European colonial control. Colonial powers introduced Western legal
systems, which often replaced or marginalized Sharia.
Egypt, India, and North Africa: In countries like Egypt and India, colonial
powers introduced secular legal codes while leaving personal status law
(marriage, divorce, inheritance) under Sharia jurisdiction.
Turkey: Following the fall of the Ottoman Empire, Turkey under Mustafa
Kemal Atatürk abolished Sharia courts and replaced Islamic law with a
secular legal system based on European models.
7. Expansion and Institutionalization
(10th–15th Century)
A . Spread of Islamic Law
As Islam spread to new regions—such as North Africa, Spain (Al-Andalus),
Sub-Saharan Africa, Central Asia, and South Asia—Islamic law became more
diverse, incorporating local customs while maintaining core Islamic
principles.
Integration of Local Customs: In many cases, Islamic law accommodated
the local legal practices of newly conquered regions, particularly in areas like
marriage, inheritance, and commerce. This created a flexible legal system
that could adapt to regional variations.
