The Legacy of Muslim Rule in India c8.s3.4

c8.s3.4

The four schools (*mazahib*) of Islamic jurisprudence also arose during the period of the Abbasids. Even in the compilations of Hadis the contribution of Persia was great. Of the Traditionists, only Imams Malik and Hanbal belonged to the Arab race; the rest were from Ajam, who sojourned in Arabia for years together collecting and compiling the *Hidaya*. In matters of law where the Quran and Hadis were silent, the jurisconsults resorted to *qiyas* or analogy, that is, the extension of an acknowledged principle to similar cases. Where *qiyas* was not possible, they appealed to reason⁸⁵ or judgement, known in Arabia as ray. Ray has become a technical term in Arabic jurisprudence. Consensus of opinion of the learned was known as *ijma*. The principle of *istihasan* (or regarding as better) was developed by Abu Yusuf, disciple of Abu Hanifa which gave him great freedom of interpretation and allowed him to adopt local customs and prejudices as part of the general laws of Islam.⁸⁶ Mawardi felt himself compelled to admit that the acts of administration were valid in view of the circumstances of the time.⁸⁷ In the case of any doubt about interpretation of rules, administrative manuals like Abul Hasan Al-Mawardis *Ahkam-us-Sultaniya*, Abu Ali Nizam-ul-Mulk Tusis *Siyasat Nama*, Jurji Zaydans *Attamadun-i-Islami* or Fakhr-i-Mudabbirs *Adabul-Harb* (also known as *Adab-ul-Muluk*) were readily available for consultation and guidance.