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Hanafi school

May 03, 2023

"Hanafi" redirects here. For other uses, see Hanafi (disambiguation).

The Hanafi school (Arabic: حَنَفِية, romanized: Ḥanafiyah; also called Hanafite in English), Hanafism, or the Hanafi fiqh, is the oldest and one of the four traditional major Sunni schools (Fiqh) of Islamic Law (madhhab).[1] It is named after the 8th century Kufan scholar, Abu Hanifa, a Tabi‘i whose legal views were preserved primarily by his two most important disciples, Imam Abu Yusuf and Muhammad al-Shaybani.[2] 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).[3][4] A plurality of Hanafi Muslims follow and have followed the Maturidi school of theology (Arabic: عقيدة).

The importance of this madhhab 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. Abu Hanifa was the first to formally solve cases and organize them into chapters.[citation needed] He was followed by Imam Malik ibn Anas in arranging Al-Muwatta. Since the Sahaba 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 not understand Sharia laws well. His book consisted of Taharah (purification), Salat (prayer), other acts of Ibadah (worship), Muwamalah (public treatment), then Mawarith (inheritance).[3]

Under the patronage of the Abbasids, the Hanafi school flourished in Iraq and spread throughout the Islamic world, firmly establishing itself in Muslim Spain, Greater Khorasan and Transoxiana by the 9th-century, where it acquired the support of rulers including Delhi Sultanate, Khwarazmian Empire, Kazakh Sultanate and the local Samanid rulers.[5] Turkic expansion introduced the school to the Indian subcontinent and Anatolia, and it was adopted as the chief legal school of the Ottoman and Mughal Empire.[6] In the modern Republic of Turkey, the Hanafi jurisprudence is enshrined in Diyanet, the directorate for religious affairs, through the constitution (art. 136).[7]

The Hanafi school is the maddhab with the largest number of adherents, followed by approximately one third of Sunni Muslims worldwide.[8][9] It is mostly followed in Turkey, Egypt, Bosnia and other Balkans, the Levant, Central Asia, Morocco, Pakistan and Bangladesh, in addition to parts of Russia, China, and India.[10][11] The other primary Sunni legal schools are the Maliki, Shafi'i and Hanbali schools.[12]

History

 
Map of the Muslim world. Hanafi (light green) is the Sunni school predominant in Turkey, Central Asia, Bosnia, the Western Middle East, Western and Nile river region of Egypt, Pakistan, Bangladesh, and parts of Southeast Europe, India, China and Russia.[8][10] An estimated third of all Muslims living in Muslim-majority countries worldwide follow Hanafi law.[8]

The circumference of Islamic Sharia is very vast. However, there was no madhhab existed in the form current structure among the Sahaba. To them, the only sources of Sharia were the Quran and the Sunnah. 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—which Abu Hanifa, one of the last Tabi'in did by making a unique methodology after working 40 years. At the same time he also established the Islamic credology—Aqeeda as an individual religious science.

Ja'far al-Sadiq, a descendant of Muhammad was one of the teachers of Abu Hanifah and Malik ibn Anas who in turn was a teacher of Al-Shafi‘i,[13][14]: 121  who in turn was a teacher of Ahmad ibn Hanbal. Thus all of the four great Imams of Sunni Fiqhs are connected to Ja'far directly and indirectly.[15]

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.[16]

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.[17] The Abbasids 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, with the establishment of Seljuk Empire, Timurid dynasty, several Khanates, Delhi Sultanate, Bengal Sultanate and Mughal Empire. Throughout the reign of 77th Caliph and 10th Ottoman Sultan Suleiman the Magnificent and 6th Mughal emperor Aurangzeb Alamgir, the Hanafi-based Al-Qanun and Fatawa-e-Alamgiri served as the legal, juridical, political, and financial code of most of South Asia.[16][17]

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. [18]

Genesis of Madhhab

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).[19]

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."[20]

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.” [21] 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.[22]

Methodology

Hanafi usul recognises the Quran, hadith, consensus (ijma), legal analogy (qiyas), juristic preference (istihsan) and normative customs (urf) as sources of the Sharia.[2][23] Abu Hanifa is regarded by modern scholars as the first to formally adopt and institute qiyas as a method to derive Islamic law when the Quran and hadiths are silent or ambiguous in their guidance;[24] and is noted for his general reliance on personal opinion (ra'y).[2]

Nevertheless the usage of Ra'y 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, has found that the influence of the hadiths narrated by Zubayr regarding Rajm (stoning) execution as a form of punishment towards adulterers to be within Abu Hanifa'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.[Notes 1] This Hanafite stoning law which is based on hadiths narrated by Zubayr arguably has historical and profound influence as various governments have implemented Hanafite code of law in their state laws from the late medieval to modern period:

  • Fatawa 'Alamgiri: Fatawa 'Alamgiri is an Islamic edict book first implemented as state law in India during the reign of Mughal emperor Aurangzeb.[27] Later, the British Raj also implemented this law in an effort to better control their Indian Muslim subjects.[27]
  • Qanun: The Ottoman Empire through their Qanun law which is not dissimilar from Fatawa 'Alamgiri was formed and canonized as state law by Suleiman the Magnificent.[28][29] This law indirectly influenced their ally, the Sultanate of Aceh, who also had its own version of Rajm (stoning) law in their law codex.[30] This codex even became the autonomical legal codex of modern-day Aceh province, as the province recognizes Sharia law based on Qanun which they call Qanun Jinayat.[31] This Hanafite law of Rajm (stoning) in Aceh has survived to the 21st century as it was officially recognized by the Indonesian government in 2014, in addition to the Selangor state of Malaysia recognizing it in 1995 as an autonomical law,[32] The fundamentalist Taliban faction also reportedly follow their own variant of Hanafi Qanun.[33]

The foundational texts of Hanafi madhab, credited to Abū Ḥanīfa and his students Abu Yusuf and Muhammad al-Shaybani, include Al-Fiqh al-Akbar (theological book on jurisprudence), Al-fiqh al-absat (general book on jurisprudence), Kitab al-Athar (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 and taxation of dhimmi).[34][35][36]

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).[37] 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.[38]

List of Hanafi scholars

Main article: List of Hanafis

See also

Notes

  1. ^ See Poonawala works.[25] For similar purpoted Hadith involving Zubayr ibn al-Awwam as executor of stoning towards adulterer see Hamad Abdul Karim works.[26]

References

  1. ^ Ramadan, Hisham M. (2006). Understanding Islamic Law: From Classical to Contemporary. Rowman Altamira. pp. 24–29. ISBN 978-0-7591-0991-9.
  2. ^ a b c Warren, Christie S. "The Hanafi School". Oxford Bibliographies. Retrieved 26 August 2020.{{cite web}}: CS1 maint: url-status (link)
  3. ^ a b Eid, Muhammad (5 June 2015). "المذهب الحنفي… المذهب الأكثر انتشاراً في العالم". Masjid Salah al-Din (in Arabic). from the original on 7 May 2019. Retrieved 5 June 2015.
  4. ^ Al-Haddad, Husam (17 November 2014). "المذهب الحنفي.. المذهب الأكثر انتشاراً". Islamist Movements (in Arabic). from the original on 7 May 2019. Retrieved 17 November 2014.
  5. ^ Hallaq, Wael (2010). The Origins and Evolution of Islamic Law. Cambridge: Cambridge University Press. pp. 173–174. ISBN 9780521005807.
  6. ^ Hallaq, Wael (2009). An Introduction to Islamic Law. Cambridge: Cambridge University Press. p. 37. ISBN 978-0521678735.
  7. ^ "Türki̇ye Büyük Mi̇llet Mecli̇si̇" (PDF). (PDF) from the original on 8 December 2014. Retrieved 8 March 2013.
  8. ^ a b c Jurisprudence and Law – Islam Reorienting the Veil, University of North Carolina (2009)
  9. ^ "Hanafi School of Law – Oxford Islamic Studies Online". www.oxfordislamicstudies.com. Retrieved 25 August 2020.
  10. ^ a b Siegbert Uhlig (2005), "Hanafism" in Encyclopaedia Aethiopica: D-Ha, Vol 2, Otto Harrassowitz Verlag, ISBN 978-3447052382, pp. 997–99
  11. ^ Abu Umar Faruq Ahmad (2010), Theory and Practice of Modern Islamic Finance, ISBN 978-1599425177, pp. 77–78
  12. ^ Gregory Mack, Jurisprudence, in Gerhard Böwering et al (2012), The Princeton Encyclopedia of Islamic Political Thought, Princeton University Press, ISBN 978-0691134840, p. 289
  13. ^ Dutton, Yasin, The Origins of Islamic Law: The Qurʼan, the Muwaṭṭaʼ and Madinan ʻAmal, p. 16
  14. ^ Haddad, Gibril F. (2007). The Four Imams and Their Schools. London, the UK: Muslim Academic Trust. pp. 121–194.
  15. ^ . History of Islam. Archived from the original on 21 July 2015. Retrieved 27 November 2012. . Archived from the original on 21 July 2015. Retrieved 9 July 2020.
  16. ^ a b Nazeer Ahmed, Islam in Global History, ISBN 978-0738859620, pp. 112–14
  17. ^ a b John L. Esposito (1999), The Oxford History of Islam, Oxford University Press, ISBN 978-0195107999, pp. 112–14
  18. ^ "SCHOOLS OF ISLAMIC LAW". Maslaha. Retrieved 12 December 2021.
  19. ^ Ibrahim, Muhammad; Bin Muhammad, Ali (2012). المذهب عند الحنفية والمالكية والشافعية والحنابلة (in Arabic) (45th ed.). Kuwait: Al-Waei Al-Islami. p. 36.
  20. ^ Zidan, Abdul Karim (2000). المدخل لدراسة الشريعة الإسلامية (in Arabic). p. 157.
  21. ^ Muhammad, Ali Juma (2012). كتاب المدخل إلى دراسة المذاهب الفقهية (in Arabic) (4th ed.). Dar al-Salam. p. 118.
  22. ^ المذهب عند الحنفية. p. 48.
  23. ^ Hisham M. Ramadan (2006), Understanding Islamic Law: From Classical to Contemporary, Rowman Altamira, ISBN 978-0759109919, p. 26
  24. ^ See:
    *Reuben Levy, Introduction to the Sociology of Islam, pp. 236–37. London: Williams and Norgate, 1931–1933.
    *Chiragh Ali, The Proposed Political, Legal and Social Reforms. Taken from Modernist Islam 1840–1940: A Sourcebook, p. 280. Edited by Charles Kurzman. New York City: Oxford University Press, 2002.
    *Mansoor Moaddel, Islamic Modernism, Nationalism, and Fundamentalism: Episode and Discourse, p. 32. Chicago: University of Chicago Press, 2005.
    *Keith Hodkinson, Muslim Family Law: A Sourcebook, p. 39. Beckenham: Croom Helm Ltd., Provident House, 1984.
    *Understanding Islamic Law: From Classical to Contemporary, edited by Hisham Ramadan, p. 18. Lanham, Maryland: Rowman & Littlefield, 2006.
    *Christopher Roederrer and Darrel Moellendorf [de], Jurisprudence, p. 471. Lansdowne: Juta and Company Ltd., 2007.
    *Nicolas Aghnides, Islamic Theories of Finance, p. 69. New Jersey: Gorgias Press LLC, 2005.
    *Kojiro Nakamura, "Ibn Mada's Criticism of Arab Grammarians." Orient, v. 10, pp. 89–113. 1974
  25. ^ Abū Ḥanīfah & Poonawala (2002, p. 450)
  26. ^ Abdul Karim Da'wah al-Husaini, Hamad (2006). المدينة المنورة في الفكر الإسلامي [Madinah al-Munawwarah in Islamic thought] (in Arabic). Dar al-Kotob Ilmiyah. p. 106. ISBN 9782745149343. Retrieved 23 December 2021.
  27. ^ a b Baillie & Elder (2009, pp. 1–3 with footnotes)
  28. ^ Punar (2016, p. 20)
  29. ^ an Naim Na (2009, pp. 35–39, 76–79, 97)
  30. ^ "Relasi Aceh Darussalam dan Kerajaan Utsmani, Sebuah Perspektif" [The Relationship between Aceh Darussalam and the Ottoman Empire, A Perspective]. Aceh institute. info@acehinstitute.org. 2015. Retrieved 22 November 2021.
  31. ^ Cammack & Feener (2012, p. 42)
  32. ^ Harahap (2018)
  33. ^ Rahimi, Haroun (2021). "A Constitutional Reckoning with The Taliban's Brand of Islamist Politics A Constitutional Reckoning with The Taliban's Brand of Islamist Politics: The Hard Path Ahead". Qala-e-9 Borja, Kart-e-Parwan, Kabul, Afghanistan: 220–222. Retrieved 13 December 2021. {{cite journal}}: Cite journal requires |journal= (help)CS1 maint: location (link)
  34. ^ Oliver Leaman (2005), The Qur'an: An Encyclopedia, Taylor & Francis, ISBN 978-0415326391, pp. 7–8
  35. ^ Kitab Al-Athar of Imam Abu Hanifah, Translator: Abdussamad, Editors: Mufti 'Abdur Rahman Ibn Yusuf, Shaykh Muhammad Akram (Oxford Centre of Islamic Studies), ISBN 978-0954738013
  36. ^ Majid Khadduri (1966), The Islamic Law of Nations: Shaybani's, Johns Hopkins University Press, ISBN 978-0801869754
  37. ^ "Istihsan". Oxford Islamic Studies Online. Retrieved 26 August 2020.{{cite web}}: CS1 maint: url-status (link)
  38. ^ Hallaq, Wael (2008). A History of Islamic Legal Theories: An Introduction to Sunnī Uṣūl al-Fiqh. Cambridge: Cambridge University Press. pp. 107–108. ISBN 978-0521599863.

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", ISBN 978-1107009097
  • 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), ISBN 978-0954738013
  • Hanafi theory of war and taxation: Majid Khadduri (1966), The Islamic Law of Nations: Shaybani's, Johns Hopkins University Press, ISBN 978-0801869754
  • Burak, Guy (2015). The Second Formation of Islamic Law: The Ḥanafī School in the Early Modern Ottoman Empire. Cambridge: Cambridge University Press. ISBN 978-1-107-09027-9.

External links

  • Hanafiyya Bulend Shanay, Lancaster University
  • Kitab al-siyar al-saghir (Summary version of the Hanafi doctrine of War)[dead link] Muhammad al-Shaybani, Translator – Mahmood Ghazi
  • The Legal Aspects of Marriage according to Hanafi Fiqh 22 January 2015 at the Wayback Machine Islamic Quarterly London, 1985, vol. 29, no. 4, pp. 193–219
  • Al-Hedaya[dead link], A 12th century compilation of Hanafi fiqh-based religious law, by Burhan al-Din al-Marghinani, Translated by Charles Hamilton
  • Development of family law in Afghanistan: The role of the Hanafi Madhhab Central Asian Survey, Volume 16, Issue 3, 1997

May 03, 2023
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Hanafi redirects here For other uses see Hanafi disambiguation This article may be expanded with text translated from the corresponding article in Arabic August 2020 Click show for important translation instructions View a machine translated version of the Arabic article Machine translation like DeepL or Google Translate is a useful starting point for translations but translators must revise errors as necessary and confirm that the translation is accurate rather than simply copy pasting machine translated text into the English Wikipedia Consider adding a topic to this template there are already 375 articles in the main category and specifying topic will aid in categorization Do not translate text that appears unreliable or low quality If possible verify the text with references provided in the foreign language article You must provide copyright attribution in the edit summary accompanying your translation by providing an interlanguage link to the source of your translation A model attribution edit summary is Content in this edit is translated from the existing Arabic Wikipedia article at ar حنفية see its history for attribution You should also add the template Translated ar حنفية to the talk page For more guidance see Wikipedia Translation The Hanafi school Arabic ح ن ف ية romanized Ḥanafiyah also called Hanafite in English Hanafism or the Hanafi fiqh is the oldest and one of the four traditional major Sunni schools Fiqh of Islamic Law madhhab 1 It is named after the 8th century Kufan scholar Abu Hanifa a Tabi i whose legal views were preserved primarily by his two most important disciples Imam Abu Yusuf and Muhammad al Shaybani 2 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 3 4 A plurality of Hanafi Muslims follow and have followed the Maturidi school of theology Arabic عقيدة The importance of this madhhab 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 Abu Hanifa was the first to formally solve cases and organize them into chapters citation needed He was followed by Imam Malik ibn Anas in arranging Al Muwatta Since the Sahaba 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 not understand Sharia laws well His book consisted of Taharah purification Salat prayer other acts of Ibadah worship Muwamalah public treatment then Mawarith inheritance 3 Under the patronage of the Abbasids the Hanafi school flourished in Iraq and spread throughout the Islamic world firmly establishing itself in Muslim Spain Greater Khorasan and Transoxiana by the 9th century where it acquired the support of rulers including Delhi Sultanate Khwarazmian Empire Kazakh Sultanate and the local Samanid rulers 5 Turkic expansion introduced the school to the Indian subcontinent and Anatolia and it was adopted as the chief legal school of the Ottoman and Mughal Empire 6 In the modern Republic of Turkey the Hanafi jurisprudence is enshrined in Diyanet the directorate for religious affairs through the constitution art 136 7 The Hanafi school is the maddhab with the largest number of adherents followed by approximately one third of Sunni Muslims worldwide 8 9 It is mostly followed in Turkey Egypt Bosnia and other Balkans the Levant Central Asia Morocco Pakistan and Bangladesh in addition to parts of Russia China and India 10 11 The other primary Sunni legal schools are the Maliki Shafi i and Hanbali schools 12 Contents 1 History 2 Genesis of Madhhab 2 1 Duration 2 2 Work 3 Methodology 3 1 Istihsan 4 List of Hanafi scholars 5 See also 6 Notes 7 References 8 Further reading 9 External linksHistory Edit Map of the Muslim world Hanafi light green is the Sunni school predominant in Turkey Central Asia Bosnia the Western Middle East Western and Nile river region of Egypt Pakistan Bangladesh and parts of Southeast Europe India China and Russia 8 10 An estimated third of all Muslims living in Muslim majority countries worldwide follow Hanafi law 8 The circumference of Islamic Sharia is very vast However there was no madhhab existed in the form current structure among the Sahaba To them the only sources of Sharia were the Quran and the Sunnah 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 which Abu Hanifa one of the last Tabi in did by making a unique methodology after working 40 years At the same time he also established the Islamic credology Aqeeda as an individual religious science Ja far al Sadiq a descendant of Muhammad was one of the teachers of Abu Hanifah and Malik ibn Anas who in turn was a teacher of Al Shafi i 13 14 121 who in turn was a teacher of Ahmad ibn Hanbal Thus all of the four great Imams of Sunni Fiqhs are connected to Ja far directly and indirectly 15 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 16 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 17 The Abbasids 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 with the establishment of Seljuk Empire Timurid dynasty several Khanates Delhi Sultanate Bengal Sultanate and Mughal Empire Throughout the reign of 77th Caliph and 10th Ottoman Sultan Suleiman the Magnificent and 6th Mughal emperor Aurangzeb Alamgir the Hanafi based Al Qanun and Fatawa e Alamgiri served as the legal juridical political and financial code of most of South Asia 16 17 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 18 Genesis of Madhhab EditDuration Edit 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 19 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 20 Work Edit 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 21 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 22 Methodology EditHanafi usul recognises the Quran hadith consensus ijma legal analogy qiyas juristic preference istihsan and normative customs urf as sources of the Sharia 2 23 Abu Hanifa is regarded by modern scholars as the first to formally adopt and institute qiyas as a method to derive Islamic law when the Quran and hadiths are silent or ambiguous in their guidance 24 and is noted for his general reliance on personal opinion ra y 2 Nevertheless the usage of Ra y 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 has found that the influence of the hadiths narrated by Zubayr regarding Rajm stoning execution as a form of punishment towards adulterers to be within Abu Hanifa 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 Notes 1 This Hanafite stoning law which is based on hadiths narrated by Zubayr arguably has historical and profound influence as various governments have implemented Hanafite code of law in their state laws from the late medieval to modern period Fatawa Alamgiri Fatawa Alamgiri is an Islamic edict book first implemented as state law in India during the reign of Mughal emperor Aurangzeb 27 Later the British Raj also implemented this law in an effort to better control their Indian Muslim subjects 27 Qanun The Ottoman Empire through their Qanun law which is not dissimilar from Fatawa Alamgiri was formed and canonized as state law by Suleiman the Magnificent 28 29 This law indirectly influenced their ally the Sultanate of Aceh who also had its own version of Rajm stoning law in their law codex 30 This codex even became the autonomical legal codex of modern day Aceh province as the province recognizes Sharia law based on Qanun which they call Qanun Jinayat 31 This Hanafite law of Rajm stoning in Aceh has survived to the 21st century as it was officially recognized by the Indonesian government in 2014 in addition to the Selangor state of Malaysia recognizing it in 1995 as an autonomical law 32 The fundamentalist Taliban faction also reportedly follow their own variant of Hanafi Qanun 33 The foundational texts of Hanafi madhab credited to Abu Ḥanifa and his students Abu Yusuf and Muhammad al Shaybani include Al Fiqh al Akbar theological book on jurisprudence Al fiqh al absat general book on jurisprudence Kitab al Athar 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 and taxation of dhimmi 34 35 36 Istihsan Edit 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 37 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 38 List of Hanafi scholars EditMain article List of Hanafis Abu Hanifa Abu Yusuf Zufar Muhammad al Shaybani Yahya ibn Ma in Abu Mansur al Maturidi Abu Ja far Al Tahawi Abu Hafs Umar al Nasafi Burhan al Din al Marghinani Ali al Qari Ibn Abidin Al Maydani Ahmad raza khan Qadri Amjad Ali AazmiSee also Edit Islam portal politics portalKarwan I Islami Islamic schools and branches Maturidi List of major Hanafi books List of HanafisNotes Edit See Poonawala works 25 For similar purpoted Hadith involving Zubayr ibn al Awwam as executor of stoning towards adulterer see Hamad Abdul Karim works 26 References Edit Ramadan Hisham M 2006 Understanding Islamic Law From Classical to Contemporary Rowman Altamira pp 24 29 ISBN 978 0 7591 0991 9 a b c Warren Christie S The Hanafi School Oxford Bibliographies Retrieved 26 August 2020 a href Template Cite web html title Template Cite web cite web a CS1 maint url status link a b Eid Muhammad 5 June 2015 المذهب الحنفي المذهب الأكثر انتشارا في العالم Masjid Salah al Din in Arabic Archived from the original on 7 May 2019 Retrieved 5 June 2015 Al Haddad Husam 17 November 2014 المذهب الحنفي المذهب الأكثر انتشارا Islamist Movements in Arabic Archived from the original on 7 May 2019 Retrieved 17 November 2014 Hallaq Wael 2010 The Origins and Evolution of Islamic Law Cambridge Cambridge University Press pp 173 174 ISBN 9780521005807 Hallaq Wael 2009 An Introduction to Islamic Law Cambridge Cambridge University Press p 37 ISBN 978 0521678735 Turki ye Buyuk Mi llet Mecli si PDF Archived PDF from the original on 8 December 2014 Retrieved 8 March 2013 a b c Jurisprudence and Law Islam Reorienting the Veil University of North Carolina 2009 Hanafi School of Law Oxford Islamic Studies Online www oxfordislamicstudies com Retrieved 25 August 2020 a b Siegbert Uhlig 2005 Hanafism in Encyclopaedia Aethiopica D Ha Vol 2 Otto Harrassowitz Verlag ISBN 978 3447052382 pp 997 99 Abu Umar Faruq Ahmad 2010 Theory and Practice of Modern Islamic Finance ISBN 978 1599425177 pp 77 78 Gregory Mack Jurisprudence in Gerhard Bowering et al 2012 The Princeton Encyclopedia of Islamic Political Thought Princeton University Press ISBN 978 0691134840 p 289 Dutton Yasin The Origins of Islamic Law The Qurʼan the Muwaṭṭaʼ and Madinan ʻAmal p 16 Haddad Gibril F 2007 The Four Imams and Their Schools London the UK Muslim Academic Trust pp 121 194 Imam Ja afar as Sadiq History of Islam Archived from the original on 21 July 2015 Retrieved 27 November 2012 Imam Ja afar as Sadiq History of Islam Archived from the original on 21 July 2015 Retrieved 9 July 2020 a b Nazeer Ahmed Islam in Global History ISBN 978 0738859620 pp 112 14 a b John L Esposito 1999 The Oxford History of Islam Oxford University Press ISBN 978 0195107999 pp 112 14 SCHOOLS OF ISLAMIC LAW Maslaha Retrieved 12 December 2021 Ibrahim Muhammad Bin Muhammad Ali 2012 المذهب عند الحنفية والمالكية والشافعية والحنابلة in Arabic 45th ed Kuwait Al Waei Al Islami p 36 Zidan Abdul Karim 2000 المدخل لدراسة الشريعة الإسلامية in Arabic p 157 Muhammad Ali Juma 2012 كتاب المدخل إلى دراسة المذاهب الفقهية in Arabic 4th ed Dar al Salam p 118 المذهب عند الحنفية p 48 Hisham M Ramadan 2006 Understanding Islamic Law From Classical to Contemporary Rowman Altamira ISBN 978 0759109919 p 26 See Reuben Levy Introduction to the Sociology of Islam pp 236 37 London Williams and Norgate 1931 1933 Chiragh Ali The Proposed Political Legal and Social Reforms Taken from Modernist Islam 1840 1940 A Sourcebook p 280 Edited by Charles Kurzman New York City Oxford University Press 2002 Mansoor Moaddel Islamic Modernism Nationalism and Fundamentalism Episode and Discourse p 32 Chicago University of Chicago Press 2005 Keith Hodkinson Muslim Family Law A Sourcebook p 39 Beckenham Croom Helm Ltd Provident House 1984 Understanding Islamic Law From Classical to Contemporary edited by Hisham Ramadan p 18 Lanham Maryland Rowman amp Littlefield 2006 Christopher Roederrer and Darrel Moellendorf de Jurisprudence p 471 Lansdowne Juta and Company Ltd 2007 Nicolas Aghnides Islamic Theories of Finance p 69 New Jersey Gorgias Press LLC 2005 Kojiro Nakamura Ibn Mada s Criticism of Arab Grammarians Orient v 10 pp 89 113 1974 Abu Ḥanifah amp Poonawala 2002 p 450 harvtxt error no target CITEREFAbu ḤanifahPoonawala2002 help Abdul Karim Da wah al Husaini Hamad 2006 المدينة المنورة في الفكر الإسلامي Madinah al Munawwarah in Islamic thought in Arabic Dar al Kotob Ilmiyah p 106 ISBN 9782745149343 Retrieved 23 December 2021 a b Baillie amp Elder 2009 pp 1 3 with footnotes harvtxt error no target CITEREFBaillieElder2009 help Punar 2016 p 20 harvtxt error no target CITEREFPunar2016 help an Naim Na 2009 pp 35 39 76 79 97 harvtxt error no target CITEREFan Naim Na2009 help Relasi Aceh Darussalam dan Kerajaan Utsmani Sebuah Perspektif The Relationship between Aceh Darussalam and the Ottoman Empire A Perspective Aceh institute info acehinstitute org 2015 Retrieved 22 November 2021 Cammack amp Feener 2012 p 42 harvtxt error no target CITEREFCammackFeener2012 help Harahap 2018 harvtxt error no target CITEREFHarahap2018 help Rahimi Haroun 2021 A Constitutional Reckoning with The Taliban s Brand of Islamist Politics A Constitutional Reckoning with The Taliban s Brand of Islamist Politics The Hard Path Ahead Qala e 9 Borja Kart e Parwan Kabul Afghanistan 220 222 Retrieved 13 December 2021 a href Template Cite journal html title Template Cite journal cite journal a Cite journal requires journal help CS1 maint location link Oliver Leaman 2005 The Qur an An Encyclopedia Taylor amp Francis ISBN 978 0415326391 pp 7 8 Kitab Al Athar of Imam Abu Hanifah Translator Abdussamad Editors Mufti Abdur Rahman Ibn Yusuf Shaykh Muhammad Akram Oxford Centre of Islamic Studies ISBN 978 0954738013 Majid Khadduri 1966 The Islamic Law of Nations Shaybani s Johns Hopkins University Press ISBN 978 0801869754 Istihsan Oxford Islamic Studies Online Retrieved 26 August 2020 a href Template Cite web html title Template Cite web cite web a CS1 maint url status link Hallaq Wael 2008 A History of Islamic Legal Theories An Introduction to Sunni Uṣul al Fiqh Cambridge Cambridge University Press pp 107 108 ISBN 978 0521599863 Further reading EditBranon Wheeler Applying the Canon in Islam The Authorization and Maintenance of Interpretive Reasoning in Ḥanafi 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 ISBN 978 1107009097 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 ISBN 978 0954738013 Hanafi theory of war and taxation Majid Khadduri 1966 The Islamic Law of Nations Shaybani s Johns Hopkins University Press ISBN 978 0801869754 Burak Guy 2015 The Second Formation of Islamic Law The Ḥanafi School in the Early Modern Ottoman Empire Cambridge Cambridge University Press ISBN 978 1 107 09027 9 External links EditHanafiyya Bulend Shanay Lancaster University Kitab al siyar al saghir Summary version of the Hanafi doctrine of War dead link Muhammad al Shaybani Translator Mahmood Ghazi The Legal Aspects of Marriage according to Hanafi Fiqh Archived 22 January 2015 at the Wayback Machine Islamic Quarterly London 1985 vol 29 no 4 pp 193 219 Al Hedaya dead link A 12th century compilation of Hanafi fiqh based religious law by Burhan al Din al Marghinani Translated by Charles Hamilton Development of family law in Afghanistan The role of the Hanafi Madhhab Central Asian Survey Volume 16 Issue 3 1997 Retrieved from https en wikipedia org w index php title Hanafi school amp oldid 1152443555, wikipedia, wiki, book, books, library,

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