A Comparative Study of the Status and Function of Juristic Reputation in the Four Sunni Schools with Emphasis on Comparison to Imami Jurisprudence

Authors

    Hossein Farrokhi Department of Theology and Islamic Studies, Isf.C., Islamic Azad University, Isfahan, Iran
    Siyamak Baharloui * Department of Theology and Islamic Studies, Isf.C., Islamic Azad University, Isfahan, Iran Dr.baharluee@iau.ac.ir
    Hormoz Asadi Koohbad Department of law,Ramh.C,Islamic Azad university ،Ramhormoz,Iran

Keywords:

Shuhra, Authority (Hujjiyyah), Sunni Schools of Law, Imami Jurisprudence, Comparative Fiqh, Legal Reasoning, Usul al-Fiqh

Abstract

Juristic reputation (shuhrah) is one of the significant concepts in Islamic legal theory and has long played an important role in the process of deriving legal rulings. It generally refers to the widespread acceptance of a narration, legal opinion, or practical approach among jurists and scholars, which may influence the evaluation of legal evidence and the preference of one opinion over another. This study employs a descriptive–analytical and comparative approach to examine the status and function of juristic reputation in the four Sunni schools of law and compares their perspectives with that of Imami jurisprudence. The findings indicate that although all major Islamic legal traditions acknowledge the practical and intellectual significance of juristic reputation, they differ considerably regarding its legal authority, epistemological foundations, and scope of application. In the Hanafi school, reputation, particularly in the form of the well-known report and the authoritative opinion of the school, serves as an important mechanism for legal preference and fatwa formulation. In the Maliki tradition, the practice of the people of Medina represents the most prominent manifestation of practical reputation and is often regarded as a reflection of Prophetic tradition. By contrast, the Shafi‘i and Hanbali schools, due to their stronger emphasis on scriptural evidence, generally treat reputation as a supporting or preferential factor rather than an independent source of authority. In Imami jurisprudence, juristic reputation is not considered an autonomous legal proof; however, narrative, juridical, and practical forms of reputation may contribute to rational confidence, strengthen weak reports, and assist in resolving conflicts among evidences. The study demonstrates that the principal distinction between Imami and Sunni approaches lies in the foundation of authority attributed to reputation. Imami jurisprudence primarily evaluates reputation through the lens of rational confidence and evidentiary reliability, whereas many Sunni jurists associate its authority with the historical continuity of communal practice and the inherited legal tradition of the Muslim community. Despite these methodological differences, juristic reputation in both legal systems functions as a valuable instrument for strengthening legal reasoning, reducing doctrinal fragmentation, and preserving jurisprudential coherence within the broader framework of Islamic law.

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Published

2025-10-23

Submitted

2025-07-01

Revised

2025-09-29

Accepted

2025-10-07

Issue

Section

مقالات

How to Cite

Farrokhi, H. ., Baharloui, S. ., & Asadi Koohbad, H. . (1404). A Comparative Study of the Status and Function of Juristic Reputation in the Four Sunni Schools with Emphasis on Comparison to Imami Jurisprudence. Sharia, Philosophy and Ethics, 3(4), 1-14. https://journalspe.com/index.php/spe/article/view/168

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