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This scholarly study examines how two pivotal early historical events—the gathering at Saqifa and the legal dispute over the oasis of Fadak—shaped the conceptual and doctrinal divergences between Sunni and Shia Islamic law. Following the death of Prophet Muhammad, the election of Abu Bakr as Caliph at Saqifa in the absence of Ali ibn Abi Talib established early political and procedural precedents that influenced the Sunni reliance on majority consensus (ijma) and the Shia emphasis on divine appointment and intellect ('aql). Simultaneously, the litigation over Fadak between Fatima, the Prophet's daughter, and Abu Bakr regarding inheritance and oral gift claims revealed fundamental differences in procedural rules, witness admissibility, exegesis of Quranic verses, and the status of the Prophet's family (Ahl al-Bayt) relative to his Companions (Sahaba). By analyzing historical, theological, and legal texts from both Sunni and Shia traditions, the author demonstrates that these early conflicts were not merely political or personal disagreements, but foundational legal proceedings that defined the development of jurisprudence, sources of law, and methodologies of legal interpretation in both main branches of Islam.
Introduction:
The Introduction outlines the division of Islam into Sunni and Shia branches and their respective legal schools (madhhabs). It introduces the central thesis that two early historical events following the death of Prophet Muhammad—the election of Abu Bakr at Saqifa and the dispute over Fadak—fundamentally shaped the legal doctrines and sources of law in both traditions. It quotes J. Schacht regarding the early emergence of legal institutions and cites Hadith traditions regarding Fatima's claim to Fadak.
Materials and Methods:
This section emphasizes the necessity of studying Islamic law as a complex, non-monolithic system comprising diverse traditions. It critiques research that equates Islamic law solely with Sunni doctrine and the 'four sources of law'. The author outlines the methodology employed, including comparative-legal analysis, historical-biographical analysis, critical event analysis, and theological-philological hermeneutics, while reviewing relevant academic literature on Shiism and early Islamic history.
1 Conflict About Giving the Oath (Events of Saqifa):
This section detailedly analyzes the historical gathering at Saqifa after Prophet Muhammad's death, where Abu Bakr was elected caliph by Ansar and Muhajirun representatives while Ali ibn Abi Talib was preparing the Prophet's burial. It discusses the legal implications of the oath of allegiance (bay'ah), the delay in Ali's oath, and how Sunni law derived majority consensus (ijma) as a primary source of law from these events, whereas Shia law rejected majority rule in favor of divine appointment, the authority of Ahl al-Bayt, and intellect ('aql).
2 Fadak:
This section investigates the legal proceedings between Fatima and Abu Bakr regarding the ownership of the Fadak oasis, claimed by Fatima through oral gift or inheritance and denied by Abu Bakr based on a Hadith stating prophets leave no monetary inheritance. It analyzes procedural aspects, including witness testimony rules, the status of Ali and Umm Ayman versus Aisha and Umar, exegesis of Quranic verses on prophetic inheritance, and the contrasting Sunni and Shia doctrines regarding the righteousness of all Companions versus the infallibility of Ahl al-Bayt.
Materials and Methods:
This section emphasizes the necessity of studying Islamic law as a complex, non-monolithic system comprising diverse traditions. It critiques research that equates Islamic law solely with Sunni doctrine and the 'four sources of law'. The author outlines the methodology employed, including comparative-legal analysis, historical-biographical analysis, critical event analysis, and theological-philological hermeneutics, while reviewing relevant academic literature on Shiism and early Islamic history.
1 Conflict About Giving the Oath (Events of Saqifa):
This section detailedly analyzes the historical gathering at Saqifa after Prophet Muhammad's death, where Abu Bakr was elected caliph by Ansar and Muhajirun representatives while Ali ibn Abi Talib was preparing the Prophet's burial. It discusses the legal implications of the oath of allegiance (bay'ah), the delay in Ali's oath, and how Sunni law derived majority consensus (ijma) as a primary source of law from these events, whereas Shia law rejected majority rule in favor of divine appointment, the authority of Ahl al-Bayt, and intellect ('aql).
2 Fadak:
This section investigates the legal proceedings between Fatima and Abu Bakr regarding the ownership of the Fadak oasis, claimed by Fatima through oral gift or inheritance and denied by Abu Bakr based on a Hadith stating prophets leave no monetary inheritance. It analyzes procedural aspects, including witness testimony rules, the status of Ali and Umm Ayman versus Aisha and Umar, exegesis of Quranic verses on prophetic inheritance, and the contrasting Sunni and Shia doctrines regarding the righteousness of all Companions versus the infallibility of Ahl al-Bayt.
Conclusion:
The Conclusion summarizes the findings, illustrating how the events of Saqifa and Fadak directly influenced the doctrines regarding primary and secondary sources of law in Sunni and Shia jurisprudence. It synthesizes the main differences regarding the Quran's interpretation, the scope of Sunnah, the role and definition of ijma, the acceptance or rejection of personal reasoning in ijtihad, and the ultimate formulation of four sources in Sunni law (Quran, Sunnah, ijma, qiyas) versus Twelver Shia law (Quran, Sunnah, ijma, 'aql).
The work titled "Impact of the events of Saqifa and Fadak on the formation of differences between the Islamic Sunni and Shia law" presents a comprehensive historical and jurisprudential analysis of how early Islamic history directly influenced the structural formation of Sunni and Shia legal systems. The author posits that Islamic law cannot be understood as a monolithic entity, as it encompasses distinct legal doctrines, schools (madhhabs), and methodologies. By focusing on two critical episodes that occurred immediately after the death of the Prophet Muhammad—the election of Abu Bakr at Saqifa and the litigation over the lands of Fadak—the study demonstrates how these events provided the foundational rationale for the legal principles that define both major branches of Islamic jurisprudence today.
The initial chapters establish the academic framework and legal methodology required to examine these historical conflicts. The author critiques standard comparative legal studies that oversimplify Islamic law by reducing it entirely to Sunni legal theory and its classic 'four sources' (Quran, Sunnah, ijma, and qiyas). Instead, the work highlights the internal diversity within Islamic legal traditions, particularly within Shia jurisprudence, which encompasses Twelver (Imamiyyah) and Zaidi schools, as well as Usuli and Akhbari directions within the Twelver tradition. To properly analyze the transition of historical events into normative legal principles, the study adopts a multidisciplinary methodology incorporating comparative-legal methods, historical-biographical analysis, critical event analysis, and theological-philological hermeneutics.
The first main substantive section focuses on the political and procedural conflict surrounding the oath of allegiance (bay'ah) during the events of Saqifa. Following Prophet Muhammad's death, representatives of the indigenous population of Medina (the Ansar) gathered at the roofed building of Saqifa to select a leader. Prominent members of the Mecca immigrants (the Muhajirun), including Abu Bakr, Umar, and Abu Ubaydah, intervened and argued that leadership must remain within the Quraysh tribe. Consequently, Abu Bakr was elected caliph by the assembly. Crucially, Ali ibn Abi Talib—the Prophet's cousin, son-in-law, and key spiritual figure—was absent from this assembly as he was occupied with preparing the Prophet's body for burial, and he initially refrained from taking the oath of allegiance. This procedural rift laid the groundwork for opposing legal doctrines: Sunnis interpreted the outcome at Saqifa as a legitimate exercise of majority agreement, establishing consensus (ijma) as a primary derivative source of law based on the principle that the community would not unite upon error. In contrast, Shia scholars viewed the event as an illegitimate usurpation that bypassed divine appointment and the explicit statements of the Prophet regarding Ali's succession. Consequently, Shia jurisprudence restricted ijma to consensus that reveals the opinion of the infallible Imams, emphasizing intellect ('aql) and rational derivation over majority consensus.
The second main section provides an exhaustive legal analysis of the litigation over the oasis of Fadak. Fatima al-Zahra, daughter of the Prophet, claimed the revenue-generating lands of Fadak either as an oral gift made by the Prophet during his lifetime or as her rightful inheritance. Abu Bakr rejected her claim by citing a Hadith wherein the Prophet stated that prophets leave no monetary inheritance and that their remaining property becomes charity (sadaqa). Fatima contested this ruling, appealing to Quranic verses regarding prophetic inheritance (such as Solomon inheriting David and Zechariah praying for an heir) and producing witnesses, including Ali and Umm Ayman. Umar dismissed these witnesses on procedural grounds, arguing that Ali had a personal interest in his wife's claim and that a single woman's testimony was legally insufficient. Conversely, Abu Bakr relied on testimonies from his daughter Aisha and Umar.
This legal dispute highlighted fundamental methodological and procedural divides that became embedded in Islamic jurisprudence. It brought to light differing approaches to witness admissibility, judicial discretion, and Quranic exegesis. Furthermore, it crystallized two opposing views of authority: the Sunni doctrine of the collective righteousness of all Companions (Sahaba), which allows for individual juristic reasoning (ijtihad) even when companions disagree, versus the Shia doctrine of the infallibility ( عصمة / 'ismah) of the Prophet's family (Ahl al-Bayt) and the rejection of companions who opposed them. The study concludes by demonstrating how these historical and legal arguments directly led to the formalized legal frameworks of both traditions: the Sunni system relying on Quran, Sunnah, ijma, and analogical deduction (qiyas), and the Twelver Shia system relying on Quran, Sunnah (inclusive of the Imams' traditions), limited ijma, and intellect ('aql).
The initial chapters establish the academic framework and legal methodology required to examine these historical conflicts. The author critiques standard comparative legal studies that oversimplify Islamic law by reducing it entirely to Sunni legal theory and its classic 'four sources' (Quran, Sunnah, ijma, and qiyas). Instead, the work highlights the internal diversity within Islamic legal traditions, particularly within Shia jurisprudence, which encompasses Twelver (Imamiyyah) and Zaidi schools, as well as Usuli and Akhbari directions within the Twelver tradition. To properly analyze the transition of historical events into normative legal principles, the study adopts a multidisciplinary methodology incorporating comparative-legal methods, historical-biographical analysis, critical event analysis, and theological-philological hermeneutics.
The first main substantive section focuses on the political and procedural conflict surrounding the oath of allegiance (bay'ah) during the events of Saqifa. Following Prophet Muhammad's death, representatives of the indigenous population of Medina (the Ansar) gathered at the roofed building of Saqifa to select a leader. Prominent members of the Mecca immigrants (the Muhajirun), including Abu Bakr, Umar, and Abu Ubaydah, intervened and argued that leadership must remain within the Quraysh tribe. Consequently, Abu Bakr was elected caliph by the assembly. Crucially, Ali ibn Abi Talib—the Prophet's cousin, son-in-law, and key spiritual figure—was absent from this assembly as he was occupied with preparing the Prophet's body for burial, and he initially refrained from taking the oath of allegiance. This procedural rift laid the groundwork for opposing legal doctrines: Sunnis interpreted the outcome at Saqifa as a legitimate exercise of majority agreement, establishing consensus (ijma) as a primary derivative source of law based on the principle that the community would not unite upon error. In contrast, Shia scholars viewed the event as an illegitimate usurpation that bypassed divine appointment and the explicit statements of the Prophet regarding Ali's succession. Consequently, Shia jurisprudence restricted ijma to consensus that reveals the opinion of the infallible Imams, emphasizing intellect ('aql) and rational derivation over majority consensus.
The second main section provides an exhaustive legal analysis of the litigation over the oasis of Fadak. Fatima al-Zahra, daughter of the Prophet, claimed the revenue-generating lands of Fadak either as an oral gift made by the Prophet during his lifetime or as her rightful inheritance. Abu Bakr rejected her claim by citing a Hadith wherein the Prophet stated that prophets leave no monetary inheritance and that their remaining property becomes charity (sadaqa). Fatima contested this ruling, appealing to Quranic verses regarding prophetic inheritance (such as Solomon inheriting David and Zechariah praying for an heir) and producing witnesses, including Ali and Umm Ayman. Umar dismissed these witnesses on procedural grounds, arguing that Ali had a personal interest in his wife's claim and that a single woman's testimony was legally insufficient. Conversely, Abu Bakr relied on testimonies from his daughter Aisha and Umar.
This legal dispute highlighted fundamental methodological and procedural divides that became embedded in Islamic jurisprudence. It brought to light differing approaches to witness admissibility, judicial discretion, and Quranic exegesis. Furthermore, it crystallized two opposing views of authority: the Sunni doctrine of the collective righteousness of all Companions (Sahaba), which allows for individual juristic reasoning (ijtihad) even when companions disagree, versus the Shia doctrine of the infallibility ( عصمة / 'ismah) of the Prophet's family (Ahl al-Bayt) and the rejection of companions who opposed them. The study concludes by demonstrating how these historical and legal arguments directly led to the formalized legal frameworks of both traditions: the Sunni system relying on Quran, Sunnah, ijma, and analogical deduction (qiyas), and the Twelver Shia system relying on Quran, Sunnah (inclusive of the Imams' traditions), limited ijma, and intellect ('aql).
Introduction:
The Introduction establishes the broader context of Islamic jurisprudence, pointing out that the Islamic religion is represented by two major directions: Sunni and Shia. Each direction maintains its own legal doctrine embodied in distinct legal schools (madhhabs) with unique sources of law. The author emphasizes that the emergence of these legal schools was shaped by historical, religious, political, social, and economic factors. Referencing the legal historian Joseph Schacht, the text notes that essential features of Islamic law and its legal institutions emerged in the first century of the Hijri era.
The narrative singles out two pivotal events occurring immediately after the Prophet Muhammad's death during the reign of the first Caliph, Abu Bakr: the political confrontation regarding the election of the caliph at Saqifa and the legal dispute over the lands of Fadak. The text notes that Ali ibn Abi Talib was notably absent from the initial oath of allegiance to Abu Bakr, an event highlighted by Shia scholars as one of the earliest manifestations of Shia ideology. To illustrate the Fadak dispute, the text quotes a foundational Hadith from Sahih Bukhari where Aisha describes Fatima requesting her inheritance from the Fai property in Medina, Fadak, and Khibar, and Abu Bakr refusing based on his statement that prophets leave no inheritance and that whatever they leave becomes charity (sadaqa). The introduction asserts that these two events played a definitive role in laying the foundations for the division of the Muslim community (ummah) and shaping the unique legal systems of both Sunni and Shia Islam.
Materials and Methods:
In the Materials and Methods section, the author justifies the necessity of studying Islamic law due to its status as one of the world's largest religious legal systems, governing over 1.5 billion people globally. The text discusses contemporary comparative law theories, referencing legal scholars such as Ugo Mattei, Boris Mamlyuk, and V. V. Palmer, to highlight how traditional boundaries between legal systems have softened, making the study of mixed legal systems and non-Western traditions increasingly relevant for global legal integration.
The author critiques a widespread flaw in academic literature: treating Islamic law as a monolithic entity and applying conclusions drawn exclusively from Sunni law to the entirety of Islamic jurisprudence. Specifically, the common attribution of the 'four sources of law' (Quran, Sunnah, ijma, and qiyas) as universal across Islam is shown to be inaccurate, as it does not reflect Shia jurisprudence. The text outlines the internal structure of Shia law, noting its division into Twelver (Imamiyyah) and Zaidi madhhabs, and further detailing the Usuli and Akhbari schools within Twelver thought, alongside internal debates regarding political authority and the concept of 'wilayat al-fakih'.
To analyze the legal aspects of Saqifa and Fadak, the author employs a comparative-legal methodology (comparative fiqh), historical-biographical methods, critical event analysis following criteria set by Markus Dubber, and theological-philological hermeneutics. The review of literature acknowledges key Western and Eastern scholars who examined Shiism and these historical events, including Dwight Donaldson, Heinz Halm, Moojan Momen, Norman Calder, Hossein Modarressi, Abdulaziz Sachedina, Wael Hallaq, Mohammad Hashim Kamali, G. Kh. Muharrami, Muhammad Baqir al-Sadr, and Seyid Mohammed Wahidi. The author notes that while these scholars addressed historical and theological elements, the present study specifically isolates the legal context and procedural aspects that led to the formation of legal sources.
1 Conflict About Giving the Oath (Events of Saqifa):
This section provides a detailed jurisprudential and historical breakdown of the conflict surrounding the oath of allegiance (bay'ah). It begins by establishing Ali ibn Abi Talib's preeminent standing as the Prophet's cousin, son-in-law, and one of the most knowledgeable companions, citing the famous Hadith: 'I am the house of wisdom, and Ali is its door.' The text explains the critical role of bay'ah in early Islamic society as a formal legal contract or covenant binding leaders and followers, the violation of which was considered a severe offense by early scholars.
The narrative examines the historical circumstances surrounding the deathbed of the Prophet, citing the Hadith of the 'calamity of Thursday' (recorded by Ibn Abbas in Bukhari and Muslim) where Umar bin Al-Khattab objected to writing a final statement, stating that the Quran was sufficient. It then details the meeting at Saqifa—a covered gathering place in Medina—where the Ansar (indigenous Medinans) gathered to choose a local leader. Upon learning of this, Muhajirun leaders Abu Bakr, Umar, and Abu Ubaydah rushed to Saqifa. Abu Bakr delivered a speech asserting the superiority and tribal entitlement of the Quraysh, while Umar forcefully advocated for Abu Bakr, ultimately leading to Abu Bakr's election as Caliph. Historical accounts from al-Tabari, Wilferd Madelung, and Moojan Momen illustrate that clan rivalries between the Ansar tribes of Aws and Khazraj facilitated this outcome, although several figures, such as Saad ibn Ubeida, refused allegiance.
Ali's delayed allegiance is analyzed from both Sunni and Shia viewpoints. Sunni sources, such as historian Sheikh al-Qudari, present Ali as expressing grievance for being excluded from consultation while eventually recognizing Abu Bakr's position. Shia sources, such as Tabarsi's Al-Ihtijaj, record that Ali and twelve prominent companions protested the election as a violation of the Prophet's explicit designation of Ali at Ghadir Khumm and Banu Khadir, maintaining silence only to prevent violent schism and protect the nascent Muslim community. From a legal standpoint, the author demonstrates how Sunnis used the election at Saqifa to legitimize majority consensus (ijma) as a primary derivative source of law, supported by Hadiths such as 'My nation will not unite on misguidance.' Conversely, Shia jurisprudence rejected majority-based consensus, restricting ijma to agreements that reveal the position of the infallible Imam, and elevated intellect ('aql) and rational derivation as central sources of law.
2 Fadak:
This section delivers a thorough legal analysis of the litigation regarding Fadak, a fertile oasis near Khaibar that came under Muslim administration following a peace treaty. The text outlines the two primary legal arguments presented by Fatima: first, that Fadak was bestowed upon her by the Prophet as an oral gift during his lifetime; second, that she was the direct and sole heir to the Prophet's estate.
In response to her gift claim, Abu Bakr required Fatima to produce two male witnesses or one male and two female witnesses in accordance with Islamic procedural law. Fatima presented her husband Ali and Umm Ayman (a revered companion promised Paradise). Umar rejected these witnesses, arguing that Ali was a biased witness with a direct financial interest in his wife's estate and that a single woman's testimony was legally insufficient. In response to her inheritance claim, Abu Bakr cited a Hadith stating that prophets do not leave inheritance and that their estate becomes charity. Fatima and Ali contested this statement by citing Quranic verses depicting prophets leaving inheritance, such as Surah An-Naml (27:16: 'And Solomon inherited David') and Surah Maryam (19:5-6: Zechariah's prayer for an heir). Sunni scholars, such as Sheikh Uthman Al-Khamis, interpreted these verses as referring to the inheritance of prophetic knowledge rather than material property.
The author highlights the procedural and theoretical contradictions exposed by this litigation. A comparative narrative involving the companion Jabir ibn Abdillah shows that Abu Bakr accepted Jabir's uncorroborated oral claim regarding a financial promise from the Prophet without requiring witnesses, a precedent cited by Sunni jurist Ibn Hajar al-Asqalani to establish that a Companion's statement is legally binding even in their own favor. Shia scholars, such as Muhammad Baqir al-Sadr and Seyid Muhammad Wahidi, questioned why Jabir's testimony was accepted while Fatima's and Ali's were rejected. The section also links Umar's rejection of testimony based on personal interest to contemporary judicial reasoning in Pakistani Sharia courts regarding inheritance disputes (e.g., Qamar Sultan v. Bibi Sufiadan).
Finally, the dispute over Fadak solidified core jurisprudential concepts. For Sunnis, Abu Bakr's decision was validated through the doctrine of juristic interpretation (ijtihad), holding that companions who perform ijtihad are rewarded regardless of error, based on the collective righteousness of all Companions (Sahaba). For Shias, Fatima and the Imams of Ahl al-Bayt are considered infallible (ma'sum), meaning their statements constitute part of the Sunnah itself, making external witness requirements or contrary companion claims legally invalid.
The narrative singles out two pivotal events occurring immediately after the Prophet Muhammad's death during the reign of the first Caliph, Abu Bakr: the political confrontation regarding the election of the caliph at Saqifa and the legal dispute over the lands of Fadak. The text notes that Ali ibn Abi Talib was notably absent from the initial oath of allegiance to Abu Bakr, an event highlighted by Shia scholars as one of the earliest manifestations of Shia ideology. To illustrate the Fadak dispute, the text quotes a foundational Hadith from Sahih Bukhari where Aisha describes Fatima requesting her inheritance from the Fai property in Medina, Fadak, and Khibar, and Abu Bakr refusing based on his statement that prophets leave no inheritance and that whatever they leave becomes charity (sadaqa). The introduction asserts that these two events played a definitive role in laying the foundations for the division of the Muslim community (ummah) and shaping the unique legal systems of both Sunni and Shia Islam.
Materials and Methods:
In the Materials and Methods section, the author justifies the necessity of studying Islamic law due to its status as one of the world's largest religious legal systems, governing over 1.5 billion people globally. The text discusses contemporary comparative law theories, referencing legal scholars such as Ugo Mattei, Boris Mamlyuk, and V. V. Palmer, to highlight how traditional boundaries between legal systems have softened, making the study of mixed legal systems and non-Western traditions increasingly relevant for global legal integration.
The author critiques a widespread flaw in academic literature: treating Islamic law as a monolithic entity and applying conclusions drawn exclusively from Sunni law to the entirety of Islamic jurisprudence. Specifically, the common attribution of the 'four sources of law' (Quran, Sunnah, ijma, and qiyas) as universal across Islam is shown to be inaccurate, as it does not reflect Shia jurisprudence. The text outlines the internal structure of Shia law, noting its division into Twelver (Imamiyyah) and Zaidi madhhabs, and further detailing the Usuli and Akhbari schools within Twelver thought, alongside internal debates regarding political authority and the concept of 'wilayat al-fakih'.
To analyze the legal aspects of Saqifa and Fadak, the author employs a comparative-legal methodology (comparative fiqh), historical-biographical methods, critical event analysis following criteria set by Markus Dubber, and theological-philological hermeneutics. The review of literature acknowledges key Western and Eastern scholars who examined Shiism and these historical events, including Dwight Donaldson, Heinz Halm, Moojan Momen, Norman Calder, Hossein Modarressi, Abdulaziz Sachedina, Wael Hallaq, Mohammad Hashim Kamali, G. Kh. Muharrami, Muhammad Baqir al-Sadr, and Seyid Mohammed Wahidi. The author notes that while these scholars addressed historical and theological elements, the present study specifically isolates the legal context and procedural aspects that led to the formation of legal sources.
1 Conflict About Giving the Oath (Events of Saqifa):
This section provides a detailed jurisprudential and historical breakdown of the conflict surrounding the oath of allegiance (bay'ah). It begins by establishing Ali ibn Abi Talib's preeminent standing as the Prophet's cousin, son-in-law, and one of the most knowledgeable companions, citing the famous Hadith: 'I am the house of wisdom, and Ali is its door.' The text explains the critical role of bay'ah in early Islamic society as a formal legal contract or covenant binding leaders and followers, the violation of which was considered a severe offense by early scholars.
The narrative examines the historical circumstances surrounding the deathbed of the Prophet, citing the Hadith of the 'calamity of Thursday' (recorded by Ibn Abbas in Bukhari and Muslim) where Umar bin Al-Khattab objected to writing a final statement, stating that the Quran was sufficient. It then details the meeting at Saqifa—a covered gathering place in Medina—where the Ansar (indigenous Medinans) gathered to choose a local leader. Upon learning of this, Muhajirun leaders Abu Bakr, Umar, and Abu Ubaydah rushed to Saqifa. Abu Bakr delivered a speech asserting the superiority and tribal entitlement of the Quraysh, while Umar forcefully advocated for Abu Bakr, ultimately leading to Abu Bakr's election as Caliph. Historical accounts from al-Tabari, Wilferd Madelung, and Moojan Momen illustrate that clan rivalries between the Ansar tribes of Aws and Khazraj facilitated this outcome, although several figures, such as Saad ibn Ubeida, refused allegiance.
Ali's delayed allegiance is analyzed from both Sunni and Shia viewpoints. Sunni sources, such as historian Sheikh al-Qudari, present Ali as expressing grievance for being excluded from consultation while eventually recognizing Abu Bakr's position. Shia sources, such as Tabarsi's Al-Ihtijaj, record that Ali and twelve prominent companions protested the election as a violation of the Prophet's explicit designation of Ali at Ghadir Khumm and Banu Khadir, maintaining silence only to prevent violent schism and protect the nascent Muslim community. From a legal standpoint, the author demonstrates how Sunnis used the election at Saqifa to legitimize majority consensus (ijma) as a primary derivative source of law, supported by Hadiths such as 'My nation will not unite on misguidance.' Conversely, Shia jurisprudence rejected majority-based consensus, restricting ijma to agreements that reveal the position of the infallible Imam, and elevated intellect ('aql) and rational derivation as central sources of law.
2 Fadak:
This section delivers a thorough legal analysis of the litigation regarding Fadak, a fertile oasis near Khaibar that came under Muslim administration following a peace treaty. The text outlines the two primary legal arguments presented by Fatima: first, that Fadak was bestowed upon her by the Prophet as an oral gift during his lifetime; second, that she was the direct and sole heir to the Prophet's estate.
In response to her gift claim, Abu Bakr required Fatima to produce two male witnesses or one male and two female witnesses in accordance with Islamic procedural law. Fatima presented her husband Ali and Umm Ayman (a revered companion promised Paradise). Umar rejected these witnesses, arguing that Ali was a biased witness with a direct financial interest in his wife's estate and that a single woman's testimony was legally insufficient. In response to her inheritance claim, Abu Bakr cited a Hadith stating that prophets do not leave inheritance and that their estate becomes charity. Fatima and Ali contested this statement by citing Quranic verses depicting prophets leaving inheritance, such as Surah An-Naml (27:16: 'And Solomon inherited David') and Surah Maryam (19:5-6: Zechariah's prayer for an heir). Sunni scholars, such as Sheikh Uthman Al-Khamis, interpreted these verses as referring to the inheritance of prophetic knowledge rather than material property.
The author highlights the procedural and theoretical contradictions exposed by this litigation. A comparative narrative involving the companion Jabir ibn Abdillah shows that Abu Bakr accepted Jabir's uncorroborated oral claim regarding a financial promise from the Prophet without requiring witnesses, a precedent cited by Sunni jurist Ibn Hajar al-Asqalani to establish that a Companion's statement is legally binding even in their own favor. Shia scholars, such as Muhammad Baqir al-Sadr and Seyid Muhammad Wahidi, questioned why Jabir's testimony was accepted while Fatima's and Ali's were rejected. The section also links Umar's rejection of testimony based on personal interest to contemporary judicial reasoning in Pakistani Sharia courts regarding inheritance disputes (e.g., Qamar Sultan v. Bibi Sufiadan).
Finally, the dispute over Fadak solidified core jurisprudential concepts. For Sunnis, Abu Bakr's decision was validated through the doctrine of juristic interpretation (ijtihad), holding that companions who perform ijtihad are rewarded regardless of error, based on the collective righteousness of all Companions (Sahaba). For Shias, Fatima and the Imams of Ahl al-Bayt are considered infallible (ma'sum), meaning their statements constitute part of the Sunnah itself, making external witness requirements or contrary companion claims legally invalid.
Conclusion:
The Conclusion summarizes the primary findings of the study, reiterating that the early historical events of Saqifa and Fadak directly created the doctrinal framework for Sunni and Shia legal theories. It contrasts the two systems across the primary and derivative sources of law:
1. Quran: Both Sunni and Shia traditions recognize the textual integrity and absolute authority of the Quran. However, they differ in exegesis (tafsir); Shia law considers the Ahl al-Bayt as the exclusive authoritative interpreters of the Quran based on Hadith Sakalein ('The Book of Allah and my family'), whereas Sunni law accepts interpretations from prominent Companions such as Ibn Abbas.
2. Sunnah: Sunnis define Sunnah through traditions transmitted by any righteous Companion (Sahaba), allowing for errors through ijtihad. Shias extend the concept of Sunnah to include the statements, actions, and approvals of the fourteen infallible figures (the Prophet, Fatima, and the twelve Imams), while rejecting narrations from companions who displayed hostility toward Ahl al-Bayt.
3. Ijma (Consensus): In Sunni jurisprudence, ijma developed as a core source of law representing the unanimous agreement of scholars or companions, grounded in the majority principle established at Saqifa. In Shia jurisprudence, ijma is not an independent source of authority unless it leads to discovering the explicit opinion of an infallible Imam.
4. Qiyas / Ijtihad versus 'Aql: Sunni jurisprudence adopted analogical reasoning (qiyas) and personal juristic discretion as the fourth source of law. Twelver Shia jurisprudence rejected qiyas and personal opinion-based ijtihad, replacing them with intellect ('aql) and rational deductive principles (usul al-fiqh) to extract law directly from the Quran and Sunnah. Thus, the author concludes that early political and legal disputes were the foundational catalysts for the distinct legal doctrines operating in Islamic law today.
1. Quran: Both Sunni and Shia traditions recognize the textual integrity and absolute authority of the Quran. However, they differ in exegesis (tafsir); Shia law considers the Ahl al-Bayt as the exclusive authoritative interpreters of the Quran based on Hadith Sakalein ('The Book of Allah and my family'), whereas Sunni law accepts interpretations from prominent Companions such as Ibn Abbas.
2. Sunnah: Sunnis define Sunnah through traditions transmitted by any righteous Companion (Sahaba), allowing for errors through ijtihad. Shias extend the concept of Sunnah to include the statements, actions, and approvals of the fourteen infallible figures (the Prophet, Fatima, and the twelve Imams), while rejecting narrations from companions who displayed hostility toward Ahl al-Bayt.
3. Ijma (Consensus): In Sunni jurisprudence, ijma developed as a core source of law representing the unanimous agreement of scholars or companions, grounded in the majority principle established at Saqifa. In Shia jurisprudence, ijma is not an independent source of authority unless it leads to discovering the explicit opinion of an infallible Imam.
4. Qiyas / Ijtihad versus 'Aql: Sunni jurisprudence adopted analogical reasoning (qiyas) and personal juristic discretion as the fourth source of law. Twelver Shia jurisprudence rejected qiyas and personal opinion-based ijtihad, replacing them with intellect ('aql) and rational deductive principles (usul al-fiqh) to extract law directly from the Quran and Sunnah. Thus, the author concludes that early political and legal disputes were the foundational catalysts for the distinct legal doctrines operating in Islamic law today.