The legal system of the Shi'ites is derived from that of the so-called Sunnites and differs in details only. We have seen already (p. 38) that the Shi'ites still have Mujtahids who are not bound to the words of a master, but can give decisions on their own responsibility. These seem to have in their hands the teaching power which strictly belongs only to the Hidden Imam. They thus represent the principle of authority which is the governing conception of the Shi'a. The Sunnites, on the other hand, have reached the point of recognizing that it is the People of Muhammad as a whole which rules through its agreement. In another point the Shi'ite conception of authority affects their legal system. They utterly reject the idea of co-ordinate schools of law; to the doctrine of the varying (ikhtilaf) as it is called, and the liberty of diversity which lies in it, they oppose the authority of the Imam. There can be only one truth and there can be no trifling with it even in details. Among the Shi'ites of the Zaydite sect this was affected also by their philosophical studies and a philosophical doctrine of the unity of truth; but to the Imamites it is an authoritative necessity and not one of thought. Thus on two important points the Shi'ites lack the possibility of freedom and development which is to be found with the Sunnites. Of the jurisprudence of the Ibadites we know comparatively little. A full examination of Ibadite fiqh would be of the highest interest, as the separation of its line of descent goes far back behind the formation of any of the orthodox systems and it must have been codified to a greater or less extent by Abd Allah ibn Ibad himself.

Its basis appears to be three-fold, Qur'an, prophetic usage, agreement—naturally that of the Ibadite community. There is no mention of analogy, and traditions seem to have been used sparingly and critically. Qur'an bore the principal emphasis. See above, (p. 26) for the Ibadite position on the form of the state and on the nature of its headship.