Impact of the events of Fadak on the formation of differences between the Islamic Sunni and Shia law

Document Type : Original Article

Authors

1 Department of International Private Law and Comparative Jurisprudence of Yaroslav Mudryi National Law University

2 correspondent member of National Academy of Legal Sciences of Ukraine, Head of the Department of International Private Law and Comparative Jurisprudence of Yaroslav Mudryi National Law University

Abstract

Sunni and Shia law are the two main components of Islamic law. Each of them, in turn, has its own sources of law, in accordance with which religious scholars make their legal decisions. Analyzing the history of the emergence of madhhabs, we can see that their formation was influenced by historical, religious, political, social, economic and other factors. In the first century of the Hijri (Islamic chronology), many distinctive features of Islamic law emerged, and the emerging Islamic society created its own legal institutions. At the same time, one should pay attention to the fact that in the early history of the Islamic state and the formation of Islamic law there were events in which we can see the reflection of certain religious and legal ideas, which later formed the basis of differences both between madhhabs and between whole directions of Islamic law. These events took place almost immediately after the death of the Prophet Muhammad. In this article, we have carried out a retrospective analysis of one of such events - discussions about the ownership of the lands of Fadak, where clashed interests of the Prophet's companions and members of his family.

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