The Hanafi school ( ar, حَنَفِية, translit=Ḥanafiyah; also called Hanafite in
English
English usually refers to:
* English language
* English people
English may also refer to:
Peoples, culture, and language
* ''English'', an adjective for something of, from, or related to England
** English national ide ...
), Hanafism, or the Hanafi fiqh, is the oldest and one of the four traditional major
Sunni
Sunni Islam () is the largest branch of Islam, followed by 85–90% of the world's Muslims. Its name comes from the word '' Sunnah'', referring to the tradition of Muhammad. The differences between Sunni and Shia Muslims arose from a disagr ...
schools (
maddhab
A ( ar, مذهب ', , "way to act". pl. مَذَاهِب , ) is a school of thought within ''fiqh'' (Islamic jurisprudence).
The major Sunni Mathhab are Hanafi, Maliki, Shafi'i and Hanbali.
They emerged in the ninth and tenth centuries CE an ...
) of
Islamic Law
Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the ...
(Fiqh). It is named after the 8th century
Kufan
Kufa ( ar, الْكُوفَة ), also spelled Kufah, is a city in Iraq, about south of Baghdad, and northeast of Najaf. It is located on the banks of the Euphrates River. The estimated population in 2003 was 110,000. Currently, Kufa and Najaf a ...
scholar,
Abu Hanifa
Nuʿmān ibn Thābit ibn Zūṭā ibn Marzubān ( ar, نعمان بن ثابت بن زوطا بن مرزبان; –767), commonly known by his '' kunya'' Abū Ḥanīfa ( ar, أبو حنيفة), or reverently as Imam Abū Ḥanīfa by Sunni Mus ...
, a
Tabi‘i of
Persian
Persian may refer to:
* People and things from Iran, historically called ''Persia'' in the English language
** Persians, the majority ethnic group in Iran, not to be conflated with the Iranic peoples
** Persian language, an Iranian language of the ...
origin whose legal views were preserved primarily by his two most important disciples,
Imam Abu Yusuf and
Muhammad al-Shaybani
Abū ʿAbd Allāh Muḥammad ibn al-Ḥasan ibn Farqad ash-Shaybānī ( ar, أبو عبد الله محمد بن الحسن بن فرقد الشيباني; 749/50 – 805), the father of Muslim international law, was an Arab jurist and a dis ...
.
It is considered one of the most widely accepted maddhab amongst Sunni Muslim community and is called the ''Madhhab of Jurists'' (maddhab ahl al-ray).
The importance of this maddhab lies in the fact that it is not just a collection of rulings or sayings of Imam Abu Hanifa alone, but rather the rulings and sayings of the council of judges he established belong to it. It had a great excellence and advantage over the establishment of Sunni Islamic legal science. No one before Abu Hanifa preceded in such works. He was the first to solve the cases and organize them into chapters and was followed by Imam
Malik ibn Anas
Malik ibn Anas ( ar, مَالِك بن أَنَس, 711–795 CE / 93–179 AH), whose full name is Mālik bin Anas bin Mālik bin Abī ʿĀmir bin ʿAmr bin Al-Ḥārith bin Ghaymān bin Khuthayn bin ʿAmr bin Al-Ḥārith al-Aṣbaḥī ...
in arranging
Al-Muwatta. Since the
Sahaba
The Companions of the Prophet ( ar, اَلصَّحَابَةُ; ''aṣ-ṣaḥāba'' meaning "the companions", from the verb meaning "accompany", "keep company with", "associate with") were the disciples and followers of Muhammad who saw or m ...
and
the successors of the Sahaba did not put attention in establishing the science of Sharia or codifying it in chapters or organized books, but rather relied on the strength of their memorization for transmitting knowledge, Abu Hanifa feared that the next generation of the Muslim community would be misled, for not understanding the Islamic Sharia laws well. He began with ''Taharah'' (purification), then with ''Salat'' (prayer), then with other acts of ''Ibadah'' (worship), then ''Muwamalah'' (public treatment), then sealed the book with ''Mawarith'' (inheritance) which is what the jurists relied on him after his pass.
Under the patronage of the
Abbasids
The Abbasid Caliphate ( or ; ar, الْخِلَافَةُ الْعَبَّاسِيَّة, ') was the third caliphate to succeed the Islamic prophet Muhammad. It was founded by a dynasty descended from Muhammad's uncle, Abbas ibn Abdul-Muttalib ...
, the Hanafi school flourished in
Iraq
Iraq,; ku, عێراق, translit=Êraq officially the Republic of Iraq, '; ku, کۆماری عێراق, translit=Komarî Êraq is a country in Western Asia. It is bordered by Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq ...
and spread throughout the Islamic world, firmly establishing itself in
Muslim Spain
Al-Andalus translit. ; an, al-Andalus; ast, al-Ándalus; eu, al-Andalus; ber, ⴰⵏⴷⴰⵍⵓⵙ, label=Berber, translit=Andalus; ca, al-Àndalus; gl, al-Andalus; oc, Al Andalús; pt, al-Ândalus; es, al-Ándalus () was the Mus ...
,
Greater Khorasan
Greater Khorāsān,Dabeersiaghi, Commentary on Safarnâma-e Nâsir Khusraw, 6th Ed. Tehran, Zavvâr: 1375 (Solar Hijri Calendar) 235–236 or Khorāsān ( pal, Xwarāsān; fa, خراسان ), is a historical eastern region in the Iranian Plate ...
and
Transoxiana
Transoxiana or Transoxania (Land beyond the Oxus) is the Latin name for a region and civilization located in lower Central Asia roughly corresponding to modern-day eastern Uzbekistan, western Tajikistan, parts of southern Kazakhstan, parts of Tu ...
by the 9th-century, where it acquired the support of every rulers including
Ghaznavids
The Ghaznavid dynasty ( fa, غزنویان ''Ġaznaviyān'') was a culturally Persianate, Sunni Muslim dynasty of Turkic ''mamluk'' origin, ruling, at its greatest extent, large parts of Persia, Khorasan, much of Transoxiana and the northwest ...
,
Delhi Sultanate
The Delhi Sultanate was an Islamic empire based in Delhi that stretched over large parts of the Indian subcontinent for 320 years (1206–1526). ,
Kazakh Sultanate
Kazakh sultanate or Gazakh sultanate was established at the end of the 15th century. During the Safavid Empire, it was part of the Karabakh principality. In 1605, by the decree of Abbas the Great, Shamsaddin sultan of Kazakh was given the ran ...
and the local
Samanid
The Samanid Empire ( fa, سامانیان, Sāmāniyān) also known as the Samanian Empire, Samanid dynasty, Samanid amirate, or simply as the Samanids) was a Persianate Sunni Muslim empire, of Iranian dehqan origin. The empire was centred in Kho ...
rulers. Turkic expansion introduced the school to the
Indian subcontinent
The Indian subcontinent is a list of the physiographic regions of the world, physiographical region in United Nations geoscheme for Asia#Southern Asia, Southern Asia. It is situated on the Indian Plate, projecting southwards into the Indian O ...
and
Anatolia
Anatolia, tr, Anadolu Yarımadası), and the Anatolian plateau, also known as Asia Minor, is a large peninsula in Western Asia and the westernmost protrusion of the Asian continent. It constitutes the major part of modern-day Turkey. The re ...
, and it was adopted as the chief legal school of the
Ottoman and
Mughal Empire
The Mughal Empire was an early-modern empire that controlled much of South Asia between the 16th and 19th centuries. Quote: "Although the first two Timurid emperors and many of their noblemen were recent migrants to the subcontinent, the d ...
. In the modern
Republic of Turkey
Turkey ( tr, Türkiye ), officially the Republic of Türkiye ( tr, Türkiye Cumhuriyeti, links=no ), is a list of transcontinental countries, transcontinental country located mainly on the Anatolia, Anatolian Peninsula in Western Asia, with ...
, the Hanafi jurisprudence is enshrined in
Diyanet
The Directorate of Religious Affairs in Turkey ( tr, Diyanet İşleri Başkanlığı, normally referred to simply as the Diyanet) is an official state institution established in 1924 by the orders of Mustafa Kemal Atatürk under article 136 of t ...
, the directorate for religious affairs, through the
constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
(art. 136).
The Hanafi school is the
maddhab
A ( ar, مذهب ', , "way to act". pl. مَذَاهِب , ) is a school of thought within ''fiqh'' (Islamic jurisprudence).
The major Sunni Mathhab are Hanafi, Maliki, Shafi'i and Hanbali.
They emerged in the ninth and tenth centuries CE an ...
with the largest number of adherents, followed by approximately one third of Sunni Muslims worldwide.
[Jurisprudence and Law – Islam](_blank)
Reorienting the Veil, University of North Carolina (2009) It is mostly followed in Turkey,
Pakistan
Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
, Iraq,
Syria
Syria ( ar, سُورِيَا or سُورِيَة, translit=Sūriyā), officially the Syrian Arab Republic ( ar, الجمهورية العربية السورية, al-Jumhūrīyah al-ʻArabīyah as-Sūrīyah), is a Western Asian country loc ...
,
Afghanistan
Afghanistan, officially the Islamic Emirate of Afghanistan,; prs, امارت اسلامی افغانستان is a landlocked country located at the crossroads of Central Asia and South Asia. Referred to as the Heart of Asia, it is bordere ...
,
Egypt
Egypt ( ar, مصر , ), officially the Arab Republic of Egypt, is a transcontinental country spanning the northeast corner of Africa and southwest corner of Asia via a land bridge formed by the Sinai Peninsula. It is bordered by the Mediter ...
, the
Balkan
The Balkans ( ), also known as the Balkan Peninsula, is a geographical area in southeastern Europe with various geographical and historical definitions. The region takes its name from the Balkan Mountains that stretch throughout the who ...
s, the
Levant
The Levant () is an approximate historical geographical term referring to a large area in the Eastern Mediterranean region of Western Asia. In its narrowest sense, which is in use today in archaeology and other cultural contexts, it is eq ...
, Central Asia,
Morocco
Morocco (),, ) officially the Kingdom of Morocco, is the westernmost country in the Maghreb region of North Africa. It overlooks the Mediterranean Sea to the north and the Atlantic Ocean to the west, and has land borders with Algeria to ...
and
Bangladesh
Bangladesh (}, ), officially the People's Republic of Bangladesh, is a country in South Asia. It is the eighth-most populous country in the world, with a population exceeding 165 million people in an area of . Bangladesh is among the mos ...
, in addition to parts of
Russia
Russia (, , ), or the Russian Federation, is a List of transcontinental countries, transcontinental country spanning Eastern Europe and North Asia, Northern Asia. It is the List of countries and dependencies by area, largest country in the ...
,
China
China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
, and
India
India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
.
[Siegbert Uhlig (2005), "Hanafism" in ''Encyclopaedia Aethiopica'': D-Ha, Vol 2, Otto Harrassowitz Verlag, , pp. 997–99] The other primary Sunni legal schools are the
Maliki
The ( ar, مَالِكِي) school is one of the four major schools of Islamic jurisprudence within Sunni Islam. It was founded by Malik ibn Anas in the 8th century. The Maliki school of jurisprudence relies on the Quran and hadiths as primary ...
,
Shafi`i
The Shafii ( ar, شَافِعِي, translit=Shāfiʿī, also spelled Shafei) school, also known as Madhhab al-Shāfiʿī, is one of the four major traditional schools of religious law (madhhab) in the Sunnī branch of Islam. It was founded by ...
and
Hanbali
The Hanbali school ( ar, ٱلْمَذْهَب ٱلْحَنۢبَلِي, al-maḏhab al-ḥanbalī) is one of the four major traditional Sunni schools (''madhahib'') of Islamic jurisprudence. It is named after the Arab scholar Ahmad ibn Hanbal ...
schools.
History
![Madhhab Map3](https://upload.wikimedia.org/wikipedia/commons/4/44/Madhhab_Map3.png)
The circumference of
Islamic Sharia is very vast. However, there was no ''
madhhab
A ( ar, مذهب ', , "way to act". pl. مَذَاهِب , ) is a school of thought within ''fiqh'' (Islamic jurisprudence).
The major Sunni Mathhab are Hanafi, Maliki, Shafi'i and Hanbali.
They emerged in the ninth and tenth centuries CE an ...
'' existed in the form current structure among
the Sahaba. To them, the only sources of
Sharia
Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the H ...
were the
Quran
The Quran (, ; Standard Arabic: , Classical Arabic, Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation in Islam, revelation from God in Islam, ...
and the
Sunnah
In Islam, , also spelled ( ar, سنة), are the traditions and practices of the Islamic prophet Muhammad that constitute a model for Muslims to follow. The sunnah is what all the Muslims of Muhammad's time evidently saw and followed and passed ...
. If not found in these two sources, consensus used to be adopted. Furthermore, throughout history, the Companions have differed in their practice of knowledge, variation in expertising in certain religious matters, except for those on which there had consensus. The Companions did not live all in specific areas, but were engaged in establishing the Shari'ah in the conquered Muslim areas, and due to differences in knowledge, the Shari'ah took on different forms in those areas. At the end of the era of the Companions, the
Tabi'is used to find solutions by adopting different ways to know and convey the Islamic Shari'ah. Therefore, it is said that the ingredients and formulas for establishing the Islamic Shari'ah were prepared by the Sahaba and the
Tabi'is. At the end of the Tabi'i period, various wars and the expansion of the Islamic world felt the need to give the Shari'ah a scientific form—
Fiqh
''Fiqh'' (; ar, فقه ) is Islamic jurisprudence. Muhammad-> Companions-> Followers-> Fiqh.
The commands and prohibitions chosen by God were revealed through the agency of the Prophet in both the Quran and the Sunnah (words, deeds, and ...
—which Abu Hanifa, one of the last
Tabi'in
The tābi‘ūn ( ar, اَلتَّابِعُونَ, also accusative or genitive tābi‘īn , singular ''tābi‘'' ), "followers" or "successors", are the generation of Muslims who followed the companions (''ṣaḥābah'') of the Islamic proph ...
did by making a unique methodology after working 40 years. At the same time he also established the Islamic
credology—Aqeeda as a individual religious science.
Ja'far al-Sadiq
Jaʿfar ibn Muḥammad ibn ʿAlī al-Ṣādiq ( ar, جعفر بن محمد الصادق; 702 – 765 CE), commonly known as Jaʿfar al-Ṣādiq (), was an 8th-century Shia Muslim scholar, jurist, and theologian.. He was the founder of th ...
, a
descendant of Muhammad and the 5th Sunni
Sheikh
Sheikh (pronounced or ; ar, شيخ ' , mostly pronounced , plural ' )—also transliterated sheekh, sheyikh, shaykh, shayk, shekh, shaik and Shaikh, shak—is an honorific title in the Arabic language. It commonly designates a chief of a ...
and
6th Shi'ite Imam, was reportedly a teacher of Abu Hanifah and
Malik ibn Anas
Malik ibn Anas ( ar, مَالِك بن أَنَس, 711–795 CE / 93–179 AH), whose full name is Mālik bin Anas bin Mālik bin Abī ʿĀmir bin ʿAmr bin Al-Ḥārith bin Ghaymān bin Khuthayn bin ʿAmr bin Al-Ḥārith al-Aṣbaḥī ...
who in turn was a teacher of
Al-Shafi‘i
Abū ʿAbdillāh Muḥammad ibn Idrīs al-Shāfiʿī ( ar, أَبُو عَبْدِ ٱللهِ مُحَمَّدُ بْنُ إِدْرِيسَ ٱلشَّافِعِيُّ, 767–19 January 820 CE) was an Arab Muslim theologian, writer, and schola ...
,
who in turn was a teacher of
Ahmad ibn Hanbal
Ahmad ibn Hanbal al-Dhuhli ( ar, أَحْمَد بْن حَنْبَل الذهلي, translit=Aḥmad ibn Ḥanbal al-Dhuhlī; November 780 – 2 August 855 CE/164–241 AH), was a Muslim jurist, theologian, ascetic, hadith traditionist, and ...
. Thus all of the four great Imams of Sunni ''
Fiqh
''Fiqh'' (; ar, فقه ) is Islamic jurisprudence. Muhammad-> Companions-> Followers-> Fiqh.
The commands and prohibitions chosen by God were revealed through the agency of the Prophet in both the Quran and the Sunnah (words, deeds, and ...
s'' are connected to Ja'far directly and indirectly.
[ ]
In the early history of Islam, Hanafi doctrine was not fully compiled. It was compiled in the 3rd Hijri century and has been gradually developing since then.
[
The Abbasid Caliphate and most of the Muslim dynasties were some of the earliest adopters of the relatively more flexible Hanafi fiqh and preferred it over the traditionalist Medina-based Fiqhs, which favored correlating all laws to Quran and Hadiths and disfavored Islamic law based on discretion of jurists.][John L. Esposito (1999), ''The Oxford History of Islam'', Oxford University Press, , pp. 112–14] The Abbasids
The Abbasid Caliphate ( or ; ar, الْخِلَافَةُ الْعَبَّاسِيَّة, ') was the third caliphate to succeed the Islamic prophet Muhammad. It was founded by a dynasty descended from Muhammad's uncle, Abbas ibn Abdul-Muttalib ...
patronized the Hanafi school from the 2nd Hijri century onwards. The Seljuk Turkish dynasties of 5th and 6th Hijri centuries, followed by Ottomans and Mughals, adopted Hanafi Fiqh. The Turkic expansion spread Hanafi Fiqh through Central Asia and into Indian subcontinent
The Indian subcontinent is a list of the physiographic regions of the world, physiographical region in United Nations geoscheme for Asia#Southern Asia, Southern Asia. It is situated on the Indian Plate, projecting southwards into the Indian O ...
, with the establishment of Seljuk Empire
The Great Seljuk Empire, or the Seljuk Empire was a high medieval, culturally Turco-Persian tradition, Turko-Persian, Sunni Islam, Sunni Muslim empire, founded and ruled by the Qiniq (tribe), Qïnïq branch of Oghuz Turks. It spanned a total are ...
, Timurid dynasty
The Timurid dynasty ( chg, , fa, ), self-designated as Gurkani ( chg, , translit=Küregen, fa, , translit=Gūrkāniyān), was a Sunni Muslim dynasty or clan of Turco-Mongol originB.F. Manz, ''"Tīmūr Lang"'', in Encyclopaedia of Islam, O ...
, several Khanates, Delhi Sultanate
The Delhi Sultanate was an Islamic empire based in Delhi that stretched over large parts of the Indian subcontinent for 320 years (1206–1526). , Bengal Sultanate
The Sultanate of Bengal ( Middle Bengali: শাহী বাঙ্গালা ''Shahī Baṅgala'', Classical Persian: ''Saltanat-e-Bangālah'') was an empire based in Bengal for much of the 14th, 15th and 16th centuries. It was the dominan ...
and Mughal Empire
The Mughal Empire was an early-modern empire that controlled much of South Asia between the 16th and 19th centuries. Quote: "Although the first two Timurid emperors and many of their noblemen were recent migrants to the subcontinent, the d ...
. Throughout the reign of 77th Caliph and 10th Ottoman Sultan Suleiman the Magnificent
Suleiman I ( ota, سليمان اول, Süleyman-ı Evvel; tr, I. Süleyman; 6 November 14946 September 1566), commonly known as Suleiman the Magnificent in the West and Suleiman the Lawgiver ( ota, قانونى سلطان سليمان, Ḳ ...
and 5th Mughal emperor Aurangzeb Alamgir
Muhi al-Din Muhammad (; – 3 March 1707), commonly known as ( fa, , lit=Ornament of the Throne) and by his regnal title Alamgir ( fa, , translit=ʿĀlamgīr, lit=Conqueror of the World), was the sixth emperor of the Mughal Empire, ruling ...
, the Hanafi-based Al-Qanun and Fatawa-e-Alamgiri served as the legal, juridical, political, and financial code of most of South Asia.[Nazeer Ahmed, ''Islam in Global History'', , pp. 112–14][
During the early periods of time that Islam was just being found up (mainly the first 250 years), there were around 100+ school of thoughts.
]
Genesis of Maddhab
Duration
The genesis stage of Hanafiet is generally reckoned by islamic scholars to begin with the time of the judicial research of Abu Hanifa (d. 150 AH) and end with the death of his senior disciple Hasan bin Ziyad (d. 204 AH).
This stage is concerned with the foundation of the Madhhab and its establishment, the formation of principles and bases upon which orders are determined and branches arises. Abu Zuhra, a prominent 20th century Egyptian Islamic jurist suggested, "The work would have done by the Imam himself. And under his guidance, his senior students would participated in it. Abu Hanifa had a unique "discussions and debate" method to conduct on the issues until they were settled. If resolved, Abu Yusuf would have been ordered to codify it."
Work
Explaining the method of Abu Hanifa in teaching his companions, Al-Muwaffaq Al-Makki says, “Abu Hanifa established his doctrine by consultation among them. He never possess the rulings arbitrarily without them. He was diligent in practicing religion and exaggerated in advising about God, His Messenger and the believers. He would pick up questions one by one and present to them. He would heared what they had and say what he had. Debates would have continued with them for a month or more until one of the sayings was settled in it. Then Judge Abu Yusuf would formulate the principle from that, thus, he formulated all the principles.” Accordingly, the students of Abu Hanifa were participants in the establishment of this jurisprudential structure, not they were just listeners, accepting what was presented to them. And Abu Yusuf was not the only one who recorded what the opinion settled on, but in the circle of Abu Hanifa there were ten blogging, headed by the four big ones: Abu Yusuf, Muhammad bin Al-Hassan Al-Shaibani, Zufar bin Al-Hudhayl, Hassan bin Ziyad al-Luluii.
Methodology
Hanafi ''usul'' recognises the Quran
The Quran (, ; Standard Arabic: , Classical Arabic, Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation in Islam, revelation from God in Islam, ...
, hadith
Ḥadīth ( or ; ar, حديث, , , , , , , literally "talk" or "discourse") or Athar ( ar, أثر, , literally "remnant"/"effect") refers to what the majority of Muslims believe to be a record of the words, actions, and the silent approval ...
, consensus (''ijma
''Ijmāʿ'' ( ar, إجماع , " consensus") is an Arabic term referring to the consensus or agreement of the Islamic community on a point of Islamic law. Sunni Muslims regard ''ijmā as one of the secondary sources of Sharia law, after the Qur ...
''), legal analogy (''qiyas
In Islamic jurisprudence, qiyas ( ar, قياس , "analogy") is the process of deductive analogy in which the teachings of the hadith are compared and contrasted with those of the Quran, in order to apply a known injunction ('' nass'') to a new ...
''), juristic preference (''istihsan
' ( Arabic: ) is an Arabic term for juristic discretion. In its literal sense it means "to consider something good". Muslim scholars may use it to express their preference for particular judgements in Islamic law over other possibilities. It is ...
'') and normative customs (''urf
( ar, العرف) is an Arabic Islamic term referring to the custom, or 'knowledge', of a given society. To be recognized in an Islamic society, must be compatible with the Sharia law.H. Patrick Glenn, ''Legal Traditions of the World''. Oxfor ...
'') as sources of the Sharia
Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the H ...
. Abu Hanifa
Nuʿmān ibn Thābit ibn Zūṭā ibn Marzubān ( ar, نعمان بن ثابت بن زوطا بن مرزبان; –767), commonly known by his '' kunya'' Abū Ḥanīfa ( ar, أبو حنيفة), or reverently as Imam Abū Ḥanīfa by Sunni Mus ...
is regarded by modern scholars as the first to formally adopt and institute ''qiyas
In Islamic jurisprudence, qiyas ( ar, قياس , "analogy") is the process of deductive analogy in which the teachings of the hadith are compared and contrasted with those of the Quran, in order to apply a known injunction ('' nass'') to a new ...
'' as a method to derive Islamic law when the Quran and hadiths are silent or ambiguous in their guidance; and is noted for his general reliance on personal opinion (''ra'y
Ahl al-Ra'y ( ar, أهل الرأي or 'liberal theologians', ''aṣḥāb al-raʾy'', advocates of ''ra'y'', 'common sense' or 'rational discretion') were an early Islamic movement advocating the use of reasoning to arrive at legal decisions.Ency ...
'').
Nevertheless the usage of ''Ra'y
Ahl al-Ra'y ( ar, أهل الرأي or 'liberal theologians', ''aṣḥāb al-raʾy'', advocates of ''ra'y'', 'common sense' or 'rational discretion') were an early Islamic movement advocating the use of reasoning to arrive at legal decisions.Ency ...
'' as one of the sources of their jurisprudence, the Hanafite scholars still prioritize the textual approach of the Sahaba for their jurisprudence, as careful examination by modern Islamic jurisprudence researcher Ismail Poonawala
Ismail Kurban Husein Poonawala (born January 7, 1937) is an Indian professor of Arabic at the University of California, Los Angeles (UCLA), Department of Near Eastern Languages and Cultures (NELC) of over 30 years. Poonawala was born in 1937 in Go ...
, has found that the influence of the hadith
Ḥadīth ( or ; ar, حديث, , , , , , , literally "talk" or "discourse") or Athar ( ar, أثر, , literally "remnant"/"effect") refers to what the majority of Muslims believe to be a record of the words, actions, and the silent approval ...
s narrated by Zubayr
Az Zubayr ( ar, الزبير) is a city in and the capital of Al-Zubair District, part of the Basra Governorate of Iraq. The city is just south of Basra. The name can also refer to the old Emirate of Zubair.
The name is also sometimes written Al ...
regarding Rajm
Rajm ( ar, رجم; meaning stoning)E. Ann Black, Hossein Esmaeili and Nadirsyah Hosen (2014), Modern Perspectives on Islamic Law, , pp. 222-223Rudolph Peters, Crime and Punishment in Islamic Law, Cambridge University Press, , pp. 37 in Islam refe ...
(stoning) execution as a form of punishment towards adulterers to be within Abu Hanifa
Nuʿmān ibn Thābit ibn Zūṭā ibn Marzubān ( ar, نعمان بن ثابت بن زوطا بن مرزبان; –767), commonly known by his '' kunya'' Abū Ḥanīfa ( ar, أبو حنيفة), or reverently as Imam Abū Ḥanīfa by Sunni Mus ...
's rulings in the Hanafite school of thought for such kinds of punishments' validity and furthermore, how to implement the punishment in accordance with Muhammad's teachings due to self-confession of the accused. This Hanafite stoning law which is based on hadith
Ḥadīth ( or ; ar, حديث, , , , , , , literally "talk" or "discourse") or Athar ( ar, أثر, , literally "remnant"/"effect") refers to what the majority of Muslims believe to be a record of the words, actions, and the silent approval ...
s narrated by Zubayr
Az Zubayr ( ar, الزبير) is a city in and the capital of Al-Zubair District, part of the Basra Governorate of Iraq. The city is just south of Basra. The name can also refer to the old Emirate of Zubair.
The name is also sometimes written Al ...
arguably has historical and profound influence as various governments have implemented Hanafite code of law in their state laws from the late medieval
The Late Middle Ages or Late Medieval Period was the period of European history lasting from AD 1300 to 1500. The Late Middle Ages followed the High Middle Ages and preceded the onset of the early modern period (and in much of Europe, the Renai ...
to modern
Modern may refer to:
History
* Modern history
** Early Modern period
** Late Modern period
*** 18th century
*** 19th century
*** 20th century
** Contemporary history
* Moderns, a faction of Freemasonry that existed in the 18th century
Phil ...
period:
* Fatawa 'Alamgiri: Fatawa 'Alamgiri
Fatawa 'Alamgiri, also known as Al-Fatawa al-'Alamgiriyya ( ar, الفتاوى العالمگيرية) or Al-Fatawa al-Hindiyya ( ar, الفتاوى الهندية), is a 17th-century sharia based compilation on statecraft, general ethics, milita ...
is an Islamic edict book first implemented as state law in India during the reign of Mughal emperor Aurangzeb
Muhi al-Din Muhammad (; – 3 March 1707), commonly known as ( fa, , lit=Ornament of the Throne) and by his regnal title Alamgir ( fa, , translit=ʿĀlamgīr, lit=Conqueror of the World), was the sixth emperor of the Mughal Empire, ruling ...
. Later, the British Raj
The British Raj (; from Hindi ''rāj'': kingdom, realm, state, or empire) was the rule of the British Crown on the Indian subcontinent;
*
* it is also called Crown rule in India,
*
*
*
*
or Direct rule in India,
* Quote: "Mill, who was himsel ...
also implemented this law in an effort to better control their Indian Muslim subjects.
* Qanun: The Ottoman Empire
The Ottoman Empire, * ; is an archaic version. The definite article forms and were synonymous * and el, Оθωμανική Αυτοκρατορία, Othōmanikē Avtokratoria, label=none * info page on book at Martin Luther University) ...
through their Qanun law which is not dissimilar from Fatawa 'Alamgiri
Fatawa 'Alamgiri, also known as Al-Fatawa al-'Alamgiriyya ( ar, الفتاوى العالمگيرية) or Al-Fatawa al-Hindiyya ( ar, الفتاوى الهندية), is a 17th-century sharia based compilation on statecraft, general ethics, milita ...
was formed and canonized as state law by Suleiman the Magnificent
Suleiman I ( ota, سليمان اول, Süleyman-ı Evvel; tr, I. Süleyman; 6 November 14946 September 1566), commonly known as Suleiman the Magnificent in the West and Suleiman the Lawgiver ( ota, قانونى سلطان سليمان, Ḳ ...
. This law indirectly influenced their ally
An ally is a member of an alliance.
Ally may also refer to:
Place names
* Ally, Cantal, a commune in the Cantal department in south-central France
* Ally, County Tyrone, a townland in County Tyrone, Northern Ireland
* Ally, Haute-Loire, a commun ...
, the Sultanate of Aceh
The Sultanate of Aceh, officially the Kingdom of Aceh Darussalam ( ace, Keurajeuën Acèh Darussalam; Jawoë: كاورجاون اچيه دارالسلام), was a sultanate centered in the modern-day Indonesian province of Aceh. It was a major ...
, who also had its own version of Rajm
Rajm ( ar, رجم; meaning stoning)E. Ann Black, Hossein Esmaeili and Nadirsyah Hosen (2014), Modern Perspectives on Islamic Law, , pp. 222-223Rudolph Peters, Crime and Punishment in Islamic Law, Cambridge University Press, , pp. 37 in Islam refe ...
(stoning) law in their law codex. This codex even became the autonomical legal codex of modern-day Aceh
Aceh ( ), officially the Aceh Province ( ace, Nanggroë Acèh; id, Provinsi Aceh) is the westernmost province of Indonesia. It is located on the northernmost of Sumatra island, with Banda Aceh being its capital and largest city. Granted a s ...
province, as the province recognizes Sharia law
Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the Five Pillars of Islam, religious precepts of Islam and is based on the Islamic holy books, sacred scriptures o ...
based on Qanun which they call Qanun Jinayat. This Hanafite law of Rajm
Rajm ( ar, رجم; meaning stoning)E. Ann Black, Hossein Esmaeili and Nadirsyah Hosen (2014), Modern Perspectives on Islamic Law, , pp. 222-223Rudolph Peters, Crime and Punishment in Islamic Law, Cambridge University Press, , pp. 37 in Islam refe ...
(stoning) in Aceh
Aceh ( ), officially the Aceh Province ( ace, Nanggroë Acèh; id, Provinsi Aceh) is the westernmost province of Indonesia. It is located on the northernmost of Sumatra island, with Banda Aceh being its capital and largest city. Granted a s ...
has survived to the 21st century as it was officially recognized by the Indonesian government in 2014, in addition to the Selangor
Selangor (; ), also known by its Arabic language, Arabic honorific Darul Ehsan, or "Abode of Sincerity", is one of the 13 Malaysian states. It is on the west coast of Peninsular Malaysia and is bordered by Perak to the north, Pahang to the east ...
state of Malaysia recognizing it in 1995 as an autonomical law, The fundamentalist Taliban
The Taliban (; ps, طالبان, ṭālibān, lit=students or 'seekers'), which also refers to itself by its state (polity), state name, the Islamic Emirate of Afghanistan, is a Deobandi Islamic fundamentalism, Islamic fundamentalist, m ...
faction also reportedly follow their own variant of Hanafi Qanun.
The foundational texts of Hanafi madhab, credited to Abū Ḥanīfa and his students Abu Yusuf and Muhammad al-Shaybani, include ''Al-Fiqh al-Akbar
''Al-Fiqh al-Akbar'' (Arabic: الفقه الأكبر ) or "The Greater Knowledge" is a popular early Islamic text attributed to the Muslim jurist Abu Hanifa. It is one of the few surviving works of Abu Hanifa. It outlines the foundational arti ...
'' (theological book on jurisprudence), '' Al-fiqh al-absat'' (general book on jurisprudence), ''Kitab al-Athar
''Kitab al-Athar'' ( ar, كتاب الآثار), is one of the earlier Hadith books compiled by Imam Muhammad al-Shaybani (132 AH – 189 AH), the student of Abu Hanifa, Imam Abu Hanifa. This book is sometime referred to Abu Hanifa, Imam Abu Han ...
'' (thousands of hadiths with commentary), '' Kitab al-Kharaj'' and '' Kitab al-Siyar'' (doctrine of war against unbelievers, distribution of spoils of war among Muslims, apostasy
Apostasy (; grc-gre, ἀποστασία , 'a defection or revolt') is the formal disaffiliation from, abandonment of, or renunciation of a religion by a person. It can also be defined within the broader context of embracing an opinion that i ...
and taxation of dhimmi
' ( ar, ذمي ', , collectively ''/'' "the people of the covenant") or () is a historical term for non-Muslims living in an Islamic state with legal protection. The word literally means "protected person", referring to the state's obligatio ...
).
Istihsan
The Hanafi school favours the use of ''istihsan'', or juristic preference, a form of ''ra'y'' which enables jurists to opt for weaker positions if the results of ''qiyas'' lead to an undesirable outcome for the public interest (''maslaha
Maslaha or maslahah ( ar, مصلحة, lit=public interest) is a concept in shari'ah ( Islamic divine law) regarded as a basis of law.I. Doi, Abdul Rahman. (1995). "Mașlahah". In John L. Esposito. ''The Oxford Encyclopedia of the Modern Islamic Wo ...
''). Although ''istihsan'' did not initially require a scriptural basis, criticism from other schools prompted Hanafi jurists to restrict its usage to cases where it was textually supported from the 9th-century onwards.
List of Hanafi scholars
See also
* Karwan-I-Islami
* Islamic schools and branches
Islamic schools and branches have different understandings of Islam. There are many different sects or denominations, Madhhab, schools of Islamic jurisprudence, and schools of Islamic theology, or ''Aqidah, ʿaqīdah'' (creed). Within Islamic gr ...
* Maturidi
Māturīdī theology or Māturīdism ( ar, الماتريدية: ''al-Māturīdiyyah'') is one of the main Sunnī schools of Islamic theology, founded by the Persian Muslim scholar, Ḥanafī jurist, reformer (''Mujaddid''), and scholastic th ...
* List of major Hanafi books
* List of Hanafis
The following is the list of notable religious personalities who followed the Hanafi Islamic madhab followed by the section of Contemporary living Hanafi scholars, in chronological order:
*Abu Hanifa (d. 767)
*Ibn al-Mubarak (d. 797)
*Abu Yusuf (d ...
Notes
References
Further reading
* Branon Wheeler
''Applying the Canon in Islam: The Authorization and Maintenance of Interpretive Reasoning in Ḥanafī Scholarship''
(Albany, SUNY Press, 1996).
* Nurit Tsafrir, ''The History of an Islamic School of Law: The Early Spread of Hanafism'' (Harvard, Harvard Law School, 2004) (Harvard Series in Islamic Law, 3).
* Behnam Sadeghi (2013), The Logic of Law Making in Islam: Women and Prayer in the Legal Tradition, Cambridge University Press, Chapter 6, "The Historical Development of Hanafi Reasoning",
* Theory of Hanafi law: ''Kitab Al-Athar'' of Imam Abu Hanifah, Translator: Abdussamad, Editors: Mufti 'Abdur Rahman Ibn Yusuf, Shaykh Muhammad Akram (Oxford Centre of Islamic Studies),
* Hanafi theory of war and taxation: Majid Khadduri
Majid Khadduri (Arabic: مجيد خدوري) (September 27, 1909 – January 25, 2007) was an Iraqi–born academic. He was founder of the Paul H. Nitze School of Advanced International Studies Middle East Studies program, a division of Johns ...
(1966), ''The Islamic Law of Nations: Shaybani's'', Johns Hopkins University Press,
*
External links
Hanafiyya
Bulend Shanay, Lancaster University
Kitab al-siyar al-saghir (Summary version of the Hanafi doctrine of War)
Muhammad al-Shaybani, Translator – Mahmood Ghazi
The Legal Aspects of Marriage according to Hanafi Fiqh
Islamic Quarterly London, 1985, vol. 29, no. 4, pp. 193–219
Al-Hedaya
A 12th century compilation of Hanafi fiqh-based religious law, by Burhan al-Din al-Marghinani
Burhān al-Dīn Abu’l-Ḥasan ‘Alī bin Abī Bakr bin ‘Abd al-Jalīl al-Farghānī al-Marghīnānī ( ar, برهان الدين المرغيناني) was an Islamic scholar of the Hanafi school of jurisprudence. He was born in Marghinan nea ...
, Translated by Charles Hamilton
Development of family law in Afghanistan: The role of the Hanafi Madhhab
Central Asian Survey, Volume 16, Issue 3, 1997
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Sunni Islam
Schools of Sunni jurisprudence
Sunni Islamic branches