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The Shariʻah (literally "the path leading to the watering place") is Islamic law formed by traditional Islamic scholarship, which most Muslim groups adhere to. Shariʻah "constitutes a system of duties that are incumbent upon a Muslim by virtue of his or her religious belief".[77]

The Quran set the rights, the responsibilities and the rules for people and for societies to adhere to. Muhammad provided an example, which is recorded in the hadith books, showing how he practically implemented those rules in a society.

Many of the Sharia laws that differ are devised through Ijtihad where there is no such ruling in the Quran or the Hadiths of Islamic prophet Muhammad regarding a similar case.[78][79] As Muhammad's companions went to new areas,[80] they were pragmatic and in some cases continued to use the same ruling as was given in that area during pre-Islamic times. If the population felt comfortable with it, it was just and they used Ijtihad to deduce that it did not conflict with the Quran or the Hadith. This made it easier for the different communities to integrate into the Islamic State and that assisted in the quick expansion of the Islamic State. Since the Constitution of Medina, was drafted by the Islamic prophet Muhammad the Jews and the Christians continued to use their own laws in the Islamic State and had their own judges.[81][82][83]

Much of the knowledge we have about Muhammad is narrated through Aisha, the wife of Muhammad. Aisha raised and taught her nephew Qasim ibn Muhammad ibn Abu Bakr the grandson of Abu Bakr and the grandfather of Ja'far al-Sadiq. Aisha also taught her nephew Urwah ibn Zubayr. He then taught his son Hisham ibn Urwah, who was the main teacher of Malik ibn Anas.

When Umar bin Abdul Azeez became a Caliph in 717[84][85] he appointed a committee of jurist in Madina headed by Qasim ibn Muhammad ibn Abu Bakr and it included Urwah ibn Zubayr to advise on legal matters[86] The work of Malik ibn Anas and successive jurists is based on the work of this early committee in Madina. Muwatta[87] by Malik ibn Anas was written as a consensus of the opinion, of these scholars.[88][89][90] The Muwatta[87] by Malik ibn Anas also quotes 13 hadith narrated through Imam Jafar al-Sadiq.[91]

The early scholars of Islam including, imam Abu Hanifa, imam Malik ibn Anas and imam Jafar al-Sadiq worked together in Al-Masjid an-Nabawi in Medina along with over 70 other leading jurists and scholars. They did not distinguish between each other or classify them selves as Sunni or Shiʻah. They felt that they were following the religion of Abraham.[92] In the books actually written by these original jurists and scholars, there are very few theological and judicial differences between them.

Fiqh, or "jurisprudence", is defined as the knowledge of the practical rules of the religion. Much of it has evolved to prevent innovation or alteration in the original religion, known as bid'ah.

The method Islamic jurists use to derive rulings is known as usul al-fiqh ("legal theory", or "principles of jurisprudence"). To reduce the divergence, in the 9th century, a student of Malik ibn Anas, the jurist ash-Shafi'i provided a theoretical basis for Islamic law by codifying the principles of jurisprudence (including the four fundamental roots) in his book ar-Risālah.[93] According to ash-Shafi'i, law has four fundamental roots, which are given precedence in this order: the Qur'an, the Hadith (the practice of Muhammad), the consensus of the Muslim jurists (ijma), and analogical reasoning (qiyas). Al-Shafi'i also codified a method to establish the reliability of hadith. Muhammad al-Bukhari[94] then travelled around and collected over 300,000 hadith, but only included 2,602 distinct hadith in his book Sahih al-Bukhari,[94] that passed these tests and he codified as authentic and correct. Sahih al-Bukhari is therefore considered by many to be the most authentic book after the Quran.[95][96] The Arabic word sahih translates as authentic or correct.

They all gave priority to the Qur'an and the Hadith and felt that Islam was completed during the time of Muhammad and they wanted people to refer to the Quran.[97] Ahmad ibn Hanbal rejected the writing down and codifying of the religious rulings he gave. They knew that they might have fallen into error in some of their judgements and stated this clearly. They never introduced their rulings by saying, "This is the judgement of God and His prophet."[98] There is also very little text actually written down by Jafar al-Sadiq himself. Since Jafar al-Sadiq (702-765) did not write any books, the books followed by the Twelver Shi'a were written by Muhammad ibn Ya'qub al-Kulayni (864- 941), Ibn Babawayh (923-991), and Nasir al-Din al-Tusi (1201-1274).[99][100] Since Jafar al-Sadiq and Zayd ibn Ali did not them selves write any books. But they worked closely with imam Abu Hanifa and imam Malik ibn Anas and the views of imam Jafar al-Sadiq and imam Zayd ibn Ali are in the early Hadith books written by imam Abu Hanifa and imam Malik ibn Anas,[91] the oldest branch of the Shia, the Zaydis to this day and originally the Fatamids, use the Hanafi jurisprudence, as do most Sunnis.[98][101][102]

Islamic law covers all aspects of life, from matters of state, like governance and foreign relations, to issues of daily living. The Qur'an defines hudud as the punishments for five specific crimes: unlawful intercourse, false accusation of unlawful intercourse, consumption of alcohol, theft, and highway robbery. The Qur'an and Sunnah also contain laws of inheritance, marriage, and restitution for injuries and murder, as well as rules for fasting, charity, and prayer.

The differences between the denominations in Islam are primarily political and amplified after the Safavid invasion of Persia in the 1500s and the subsequent Safavid conversion of Iran to Shia Islam due to the politics between the Safavids and the Ottoman Empire.[103] After the demise of the Safavid dynasty, the new ruler of Persia, Nader Shah (1698 to 1747) himself a Sunni attempted to improve relations with Sunni nations by propagating the integration of Shiism by calling it Jaafari Madh'hab.[104] Since Jafar al-Sadiq himself disapproved of people who disapproved of his great grand father Abu Bakr the first caliph.

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