The Hanafi school (Arabic: حَنَفِية, romanizedḤanafiyah; also called Hanafite in English), Hanafism, or the Hanafi fiqh, is the oldest and one of the four traditional major Sunni schools (maddhab) of Islamic Law (Fiqh).[1] It is named after the 8th century Kufan scholar, Abu Hanifa, a Tabi‘i of Persian origin 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]

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 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 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.[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 every rulers including Ghaznavids, Delhi Sultanate, 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, Pakistan, Iraq, Syria, Afghanistan, Egypt, the Balkans, the Levant, Central Asia, Morocco 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]

HistoryEdit

 
Map of the Muslim world. Hanafi (light green) is the Sunni school predominant in Turkey, the Western Middle East, Western and Nile river region of Egypt, Central Asia, Afghanistan, 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 a individual religious science.

Ja'far al-Sadiq, a descendant of Muhammad and the 5th Sunni Sheikh and 6th Shi'ite Imam, was reportedly a teacher 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 5th 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 MaddhabEdit

DurationEdit

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]

WorkEdit

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]

MethodologyEdit

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]

IstihsanEdit

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 scholarsEdit

See alsoEdit

NotesEdit

  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]

ReferencesEdit

  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). Archived 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). Archived 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). Archived (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. ^ "Imam Ja'afar as Sadiq". History of Islam. Archived from the original on 21 July 2015. Retrieved 27 November 2012. "Archived copy". Archived from the original on 21 July 2015. Retrieved 9 July 2020.{{cite web}}: CS1 maint: archived copy as title (link)
  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 readingEdit

  • 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 linksEdit