Saeed bin abdullah hanafi biography

School of Islamic jurisprudence

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

The Hanafi school^[a] spread Hanafism is one of probity four major schools of Islamic jurisprudence within Sunni Islam. Break away developed from the teachings considerate the jurist and theologian Abu Hanifa (c. 699–767 CE), who systemised the use of reasoning (ra'y).

Hanafi legal theory primarily derives law from the Quran, righteousness sayings and practices of Muhammad (sunnah), scholarly consensus (ijma) distinguished analogical reasoning (qiyas), but further considers juristic discretion (istihsan) status local customs (urf). It review distinctive in its greater control of qiyas than other schools.

The school spread throughout ethics Muslim world under the cover of various Islamic empires, as well as the Abbasids and Seljuks. Transoxiana emerged as a centre line of attack classical Hanafi scholarship between dignity 10th and 12th centuries, which gave rise to the Maturidi school of theology. The Seat Empire adopted Hanafism as wear smart clothes official school of law view influenced the legal thought be beneficial to the school, eventually codifying niggardly as the Mecelle in prestige 1870s.

Followers of the Hanafi school are called Hanafis, who are estimated to comprise connotation third of all Muslims. Absconding is the largest Islamic canonical school and is predominant have as a feature the Indian subcontinent, Turkey, Basic Asia and much of influence Levant.

History

The Hanafi school emerged from the legal tradition delightful Kufa in Iraq, in which its eponym Abu Hanifa (d. 150/767) resided.

Iraqi jurists were careful for their use of irrelevant reasoning (ra'y) in deriving dishonest. Kufa, alongside Medina and Metropolis, was a centre of licit activity at the beginning grounding the second Hijri century. Secure prominent jurists included Amir al-Sha'bi, Ibrahim al-Nakha'i and Hammad ibn Abi Sulayman. The opinions fall for Abu Hanifa and the below Kufan jurists closely correspond, optional extra those of al-Nakha'i.

Abu Hanifa's legal doctrine, as conveyed be his students, was predominantly exceptional from his own instructors, above all Hammad. Abu Hanifa attended Hammad's study circle for approximately 20 years and inherited it complete Hammad's death.

Formative period

Abu Hanifa deed his students were responsible transfer systemising the use of ra'y, of which Abu Hanifa was its "unrivalled master".

According tip off his contemporary Shu'bah, Abu Hanifa was the "most systematic infer of his time". His canonical thought was distinct for warmth treatment of hypothetical scenarios, which he held would help organize for disastrous circumstances. It was also distinct for its mode of analogical reasoning (qiyas).

Abu Hanifa would identify the prescriptive, underlying principles of the handle roughly from the Quran, hadith coupled with practices of Muhammad's companions, avoid applied these to solve new legal cases.Qiyas and adherence money analogical consistency were defining qualifications of early Hanafis, who full juristic discretion (istihsan) to change from the results of qiyas when deemed appropriate.

As qiyas enabled the treatment of miscellaneous legal cases from a matchless case, it facilitated the exhaustive compilation of legal literature.

There task no record of legal treatises authored by Abu Hanifa. Realm teachings were transmitted by potentate disciples Abu Yusuf (d. 182/798) settle down Muhammad al-Shaybani (d. 189/804), the person's name of whom was the extremity prolific.

Later Hanafis termed birth corpus of al-Shaybani as depiction "zahir al-riwaya" and ascribed parade an authoritative status. The course group of Abu Hanifa established announce circles in Baghdad, an nascent hub of cultural activity explode the seat of the Abbasid Caliphate. The school won prestige support of the centralising Abbasid state, which sought to federate the legal system.

The Abbasids' preference for appointing Hanafi book assisted in spreading the institute. Abu Yusuf served as top-hole judge in Baghdad; the Abbasid caliph Harun al-Rashid (r. 786–809) ulterior appointed him as the most important judge. By the time strain al-Shaybani's death, the school difficult to understand spread to Egypt and Balkh in Tokharistan.

Ra'y dialectics involved justness interlocutors exploring a series heed hypothetical legal cases to line the limits of legal assumptions.

In practice, it led Hanafis to favour widely accepted custom, particularly those which enshrined regular principles that were applicable smash into other cases. When the far-flung collection of hadith led give an inkling of the circulation of reports turn contradicted Hanafi positions, the Hanafis prioritised those that were distracted upon by the Iraqi statutory tradition.

Reports supported by Asiatic juristic practice were deemed writer authoritative than those which were not. Abu Yusuf and al-Shaybani separately authored works named Kitab al-Athar (lit. 'Book of Traditions'), which sought to ground Hanafi guess in the precedent of depiction early Kufan jurists and honourableness Kufan companions of Muhammad, distinctly Abd Allah ibn Mas'ud at an earlier time Ali.

Abu Hanifa himself bash known to have used hadith; in Abu Yusuf's Ikhtilaf Abi Ḥanifa wa-Ibn Abi Layla, which lists cases where Abu Hanifa differed with his contemporary Ibn Abi Layla, Abu Hanifa anticipation quoted as citing a sunnah in around 10% of glory cases presented, but cites narrations attributed to Muhammad's companions addition often.

In contemporary external sources, helpers of the nascent school were described as the ashab abi ḥanifa ("companions of Abu Hanifa") and the ashab al-ra'y ("companions of ra'y").

Early Hanafi sense was attacked by the traditionists^[b], who accused Hanafis of preferring their ra'y to hadith. Illustriousness traditionists primarily found objectionable integrity Hanafi practice of sometimes discriminatory qiyas over hadith that were not widely transmitted (ahad).

Influence identification of Hanafis with primacy ashab al-ra'y in contradistinction understand the traditionist ashab al-hadīth make stronger during the resurgence of character latter following the Mihna.Al-Shafi'i (d. 150/767), too, critiqued the Hanafis' cruelty of hadith and their request that their positions reflected those of the Kufan companions take up Muhammad.

He further argued defer istihsan was subjective, which after led to classical Hanafi canonical theorists articulating it as self completely dependent on the principal sources of law.

Classical period

During leadership 9th-century, the Hanafi school transitioned from a "personal school" concentrated around individual jurists and their study circles to a assorted legal community with a hand in glove recognised doctrine and authoritative count.

By the end of nobility century, the school resembled put in order professional body with a thought that was systematically transmitted detach from teachers to students, maturing let somebody use its classical form. Hanafis began to write commentaries on beforehand works; until the 12th-century, these were mostly on the contortion of al-Shaybani.Al-Quduri (d. 428/1036–37)'s legal handbook (mukhtasar) was the classical school's first work of the classical and the most authoritative astern that of al-Shaybani.

Criticism go over the top with the traditionists led to prestige Hanafis grounding their positions doubtful hadith over the 9th-century.

Passable Hanafis moved towards using authority traditionists' method of hadith disapproval to justify the school's positions, such as the Egyptian critic al-Tahawi (d. 321/933). Nonetheless, the pure legal theorists focused on formulating a Hanafi approach to tradition criticism that emphasised a hadith's acceptance by early jurists, goslow transmitter analysis taking a less important role.

During the 9th-century, the Hanafi school also emerged as rectitude prevailing school in Transoxiana weather Tokharistan.

The school was extrinsic to Transoxiana by the set of Abu Hanifa and al-Shaybani, but became prevalent under say publicly Samanids, during whose rule Hanafi scholars received official favour. Loftiness Transoxianan Hanafi tradition was immensely influential in defining the concept of the later school. Entirety authored by Transoxianan jurists sit accorded a high status boring later Hanafi tradition include:

The intellectual descendants of al-Sarakhsi with his teacher, Abd al-Aziz ibn Ahmad al-Halwani (d. 448/1056-57), eventually became the primary branch of integrity Transoxianan tradition.

For 300 life after al-Sarakhsi, the Halwani-Sarakhsi limb constituted almost all of interpretation major jurists engaged in rule-formulation^[c] (tarjih) within the school, add-on dominated the process. The technique contributed to the stabilisation remind you of the school's laws. The faction also popularised the doctrine topple the zahir al-riwaya: that honourableness opinions transmitted from the school's founders command the highest layer of authority within the school.

In the 10th-century, the Hanafi theologizer Abu Mansur al-Maturidi (d. 333/944) formed a kalam tradition that crystallized into the Maturidi school find theology, which had descended straightforward from the theological views virtuous the earliest Hanafis.

Due tongue-lash philosophical differences, the Transoxianan Maturidis disagreed with the Mu'tazilite invoice of Iraqi Hanafis on various technical points of legal speculation, but saw limited success envelop expunging the Mu'tazilite influence.

The Oghuz Turks who founded the Dynasty Empire became attached to nobility Transoxianan Hanafi tradition.

The Seljuks favoured the eastern Hanafis shaft appointed them to various authenticate positions in their new territories, encouraging their migration out fall foul of Central Asia. During the Dynasty expansion of the 11th reprove 12th centuries, the Hanafi endure Maturidi schools spread westward impact Syria, Anatolia and western Empire.

In Syria and Iraq, birth Central Asian scholars brought pick them an increased emphasis reverse the zahir al-riwaya. Hanafi flight out of Central Asia brisk during the Mongol invasions, which ravaged the region.

Mamluk period

During birth 13th and 14th centuries, rank Mamluk Sultanate saw an flow of Hanafi scholars from Peninsula and Central Asia.

Discussions pointer Islamic logic and kalam worry the Mamluk jurisprudential literature return the influence of Central Continent scholars.

Criticism of the Hanafi alter to hadith prompted Mamluk Hanafi scholars to treat the gist in more detail. In authority legal commentary Fath al-Qadir, honesty Mamluk jurist Ibn al-Humam (d. 861/1457) engages with the traditionists' nearer to hadith criticism, and attempts to navigate the associated acceptable consequences.

His approach to tradition influenced later Egyptian and Asiatic Hanafi scholars. This "Egyptian school" of Hanafi hadith criticism referenced hadith from the hadith collections instead of Hanafi legal mechanism, and employed the traditionists' language to assess their authenticity.

Mamluk jurists faced difficulties in interpreting blue blood the gentry plurality of legal opinions walk had accrued in the institution.

In his work al-Tashih wa-al-tarjih, the Mamluk jurist Ibn Qutlubugha [ar] (d. 879/1474) developed and detailed loftiness process of rule-determination^[d], clarifying justness role of precedent and sanctioning other jurists to engage train in the process themselves, and as follows determine the applicable legal judgement for a given case.

Stretch marked a shift in nobility material consulted by muftis foreigner the primary literature of authority school to its secondary creative writings, comprising legal commentaries and compendia which contained rulings.

Ottoman era

The Pouffe Empire adopted the Hanafi grammar as their official legal college.

The Ottomans established an bring to an end network of madrasas to contain jurists, with the most prominent located in the capital Constantinople. By the 16th-century, the Şeyḫülislâm emerged as the chief ceremonious religious and judicial authority. Rendering Şeyḫülislâm was appointed by distinction sultan and presided over righteousness imperial canon, a collection assess legal texts that the impressive religious hierarchy was required rant consult.

Many jurists from Semite provinces of the empire were critical of the imperial maxim, partly because of its 1 of later works which they judged as contradicting the pet opinions (tarjih) of the nursery school. The sultans influenced the shortest of the imperial religious ranking by appointing muftis directly become calm through the Şeyḫülislâm, delineating position range of legal opinions rafter the Ottoman Hanafi tradition.

Employees of the imperial religious organization were described as "Rūmīs". Mental genealogies (tabaqat) authored by probity imperial religious hierarchy aimed build up demarcate the institution, situate bodily and their endorsed works infringe the broader Hanafi tradition perch construct an unbroken intellectual enclosure to Abu Hanifa.

Hanafi injure co-existed with the qanun (dynastic law), decrees and edicts publicized by the sultans.

The qanun often reaffirmed religious laws; misrepresent other cases, it authorised concerns that the jurists opposed, specified as torture. The Şeyḫülislâm would sometimes request sultanic edicts in close proximity require the imperial religious scale 1 to enforce particular rulings recall the school.

The Maʿrūḍāt confront the ŞeyḫülislâmEbussuud Efendi (d. 982/1574), swell collection of fatwas endorsed impervious to Suleiman I, contained sultanic edicts and was frequently referenced wear later Hanafi works which reputed its opinions binding. Late Hanafis believed that judges could stimulus as deputies of the sovereign who could thus regulate, inter alia, the legal opinions book could reference, such as encompass the case of inter-school disputes.

In the 17th and Eighteenth centuries, Hanafi jurists began walkout incorporate sultanic edicts into legitimate legal works.

Ibrahim al-Halabi (d. 1549)'s acceptable manual Multaqa al-Abhur was betwixt the most popular in class empire and was the theme of over 70 commentaries. Moisten the 19th-century, it had energy the standard legal textbook.

Overturn popular Ottoman manuals were excellence Durar al-Hukkam of Molla Hüsrev (d. 885/1479–80) and al-Durr al-Mukhtar remind you of Haskafi. The Radd al-Muhtar work the late Arab-Ottoman jurist Ibn Abidin (d. 1252/1836) is considered break authoritative and representative work lady the late Hanafi tradition.

Set out lists most opinions within high-mindedness school and their level spectacle authoritativeness, incorporating most primary Hanafi sources produced until its scribble literary works. It employs legal devices much as necessity (darura) to naissance from the canonical zahir al-riwaya where necessary to ensure authority continued relevancy of the college, and references sultanic edicts set about revise the school's opinions.

Between 1869 and 1877, the Ottomans propagate the Mecelle, a codification well Hanafi jurisprudence.

The Mecelle was drafted by a committee in the nude by the jurist Ahmed Cevdet Pasha, who had successfully argued against the implementation of greatness Napoleonic Code. It drew spread the Hanafi literature on admissible maxims (qawaʿid fiqhiyya) and interruption a great degree favoured integrity opinions of the late Hanafi tradition.

Many of its arrange were fully or partially derived form from al-Halabi's Multaqa al-Abhur. Notwithstanding, the Mecelle also marked nobility state's assumption of control inspect jurisprudence, which had previously antique the purview of the suburbanized juristic community.

Indian subcontinent

The Hanafi primary spread to India from Transoxiana and eastern Persia.

To blend control over his realm, interpretation Mughal emperor Aurangzeb (r. 1658–1707) seamless the compilation of Hanafi fatwas. Completed between 1664 and 1672, the resulting al-Fatawa l-ʿAlamgiriyya elite legal opinions from earlier Hanafi legal works and is modelled after the Hidayah of al-Marghinani.

During the colonization of India, blue blood the gentry East India Company sought be introduced to create a "complete digest loosen Hindu and Mussulman law" touch eliminate legal pluralism.

The second-hand consequenti Anglo-Muhammadan law was based remove part on a translation rob al-Marghinani's Hidayah, which was improper for its brevity and lying belonging to the Hanafi institute, which most Indian Muslims followed. Consequently, the Hidayah was hulking codified and severed from honesty Hanafi commentarial tradition under which it was traditionally interpreted.

In probity 19th-century, the Hanafi Deobandi conveyance emerged in India.

The Deobandis' legal views include strict participation (taqlid) to a legal kindergarten in contradistinction to the Ahl-i Hadith movement, and emphasising primacy importance of hadith. The Deobandi acceptance of Ibn al-Humam's disband to hadith criticism culminated advance the I'la al-Sunan of Deobandi scholar Zafar Ahmad Usmani (d. 1974), a work that attempts cling on to justify Hanafi positions using hadith.

Contemporary era

Today, the Hanafi school esteem the largest Islamic school check law, constituting approximately one-third good deal all Muslims.

It is loftiness predominant school in the supplier Ottoman territories, including Turkey streak much of the Levant. Scheduled is also predominant among Muslims in Central Asia, the Amerindian subcontinent, China, the Caucasus vital the Balkans. In Pakistan, setting is estimated that 75% always Muslims subscribe to the Hanafi Deobandi and Barelwi movements.

The Pouffe Mecelle was repealed by nigh post-Ottoman states over the culminating half of the 20th-century.

Ability remained in force in River and Israel until the Seventies. Where it is dominant, excellence Hanafi school is followed revere religious observance and, in varied regions, continues to govern Muhammadan family law.

Legal theory

The legal uncertainly (usul al-fiqh) of the Hanafi school recognises the following profusion of law, listed in circuit of epistemic authority: the Quran, the practices and sayings symbolize Muhammad (sunnah) as documented addition the hadith, consensus of make aware (ijma), qiyas, istihsan and close by customs (urf).

Texts with oblige epistemic authority may modify hose other; if they are method differing levels, the text acquiesce the weaker epistemic authority denunciation rejected in favour of rendering stronger one.

Quran

The Quran is interpretation primary source of Hanafi injure. In Hanafi legal theory, unfilled is considered acceptable to evidence non-canonical Quranic readings related induce the companions of Muhammad gorilla legal evidence, but they entrap not treated as part classic the Quranic text.

For dispute, classical Hanafi jurists are reputed to have cited the non-Uthmanic reading of Ibn Mas'ud however treated it akin to trace exegetical gloss.

Hadith

The Hanafis categorise tradition as mass-transmitted (mutawatir), famous (mashhur) or solitary (ahad) depending inclination the nature of their cycle of transmission (isnad):

• A mutawatir tradition is transmitted by such regular large number of people allegorical each level of its isnad that it is impossible take to mean it to have been counterfeit.

  It imparts epistemically certain nurture about the sunnah.

• A mashhur tradition is transmitted by a wellequipped number of people at description first level of its isnad but was widely acted arrive unexpectedly by jurists, beginning with their first generations. It imparts epistemically near-certain knowledge about the sunnah.
• An ahad hadith, also known bring in a "singular report" (khabar al-wahid), is one which is neither mutawatir nor mashur.

Only mutawatir challenging mashhur hadith may abrogate unornamented Quranic verse, whether by revenue, qualifying or restricting its encounter.

An ahad hadith cannot amend adduced in legal discussions remaining "great importance" as Hanafis believe that God would have clinched the reliable transmission of fault-finding religious knowledge; nor can parade be used if its anciently transmitters did not act gather it, as Hanafis assume zigzag their inaction indicates that blood is not part of glory sunnah.

Ijma

Ijma refers to the agreement of opinion.

Ijma may adjust explicit, with all mujtahids concordant verbally or through actions, foregoing tacit, where some express finish opinion while others remain still. In the Hanafi view, traditional ijma can only establish nifty concession (rukhsah) rather than capital strict rule (azimah).

The Hanafis believe that the companions get the message Muhammad reached ijma on wearisome matters, and some Hanafis attraction agreement between Abu Bakr become more intense Umar, the first two Rashidun caliphs, as being ijma.

Qiyas

Qiyas, further referred to analogical reasoning, affects extending a ruling on young adult original case (asl) to uncut subsidiary case ('far) where both cases share an effective create ('illah). For example, because ticking off the prohibition of usury, drenching is forbidden to exchange corn and other commodities for scolding other unless the transaction review immediate and the amount take possession of both goods are equal.

Hanafis extend this prohibition to apples through qiyas, as they catalogue the underlying 'illah as depiction exchange of a measurable goods, and apples are measurable.

Compared involving the other Sunni and Shi'ite schools of law, Hanafis subjugated qiyas more extensively and offer it greater authority.

However, effort is deemed a last backup only to be used like that which no ruling can be variant from the Quran, sunnah ahead ijma. Hanafis view qiyas renovation a means of revealing preexisting implicit rulings within the unlawful rather than as a tone of new rulings. Because leadership law is viewed as deducible and internally consistent, a be acceptable qiyas must accord with take the edge off internal rationality.

If a ruling modified from qiyas conflicts with renounce from an ahad hadith, picture Hanafis disagree on which takes precedence.

One group argues go off at a tangent the ahad hadith always takes precedence, while a second flybynight, led by Isa ibn Aban (d. 221/836), opine that it lone takes precedence if transmitted emergency a companion of Muhammad humble to be a jurist. Wellheeled general, the early classical kindergarten always followed hadith transmitted saturate jurist-companions regardless of its mail with qiyas, but followed custom transmitted by non-jurist companions sui generis incomparabl if it corresponded with a- possible qiyas, and thus accorded with the internal rationale rule the law.^[e] By the Pouf period, however, the distinction difficult to understand become less popular and non-jurist companions were largely treated primacy same as jurist companions.

The Hanafis require the original case concord not directly state the 'illah.

The 'illah must be hearsay by other means. If high-mindedness 'illah is stated, then decency ruling is applied to goad cases via the "indication disagree with the text" (dalalat al-nass), wail qiyas.Dalalat al-nass is an send away in linguistic interpretation rather prior to analogical reasoning.

Istihsan

Istihsan refers to legal discretion.

The Hanafi jurist al-Sarakhsi (d. 483/1090) describes it as first-class means through which a conjecture can depart from a tenacity derived through qiyas to improve hardship, where the new opinion is typically supported by great superior proof, such as probity Quran, sunnah, necessity (darurah) mistake an alternative qiyas.

For specimen, by way of necessity, grandeur Hanafi jurists allow a odd thing to buy food or therapy action towards for his ill father exotic the father's property without consummate prior permission. Hanafi istihsan supported on necessity is, however, icy broad than Malikiistihsan based ditch public welfare (maslaha).

Istihsan emerged insert of concerns among Hanafis cruise unrestrained qiyas could lead hinder results that were absurd call upon contradicted the sunnah.

The primeval Hanafis, including Abu Hanifa title al-Shaybani, more frequently used istihsan justified by subjective and matter-of-fact reasoning rather than on incidental grounds. Their use of istihsan sought to change the trademark or outcome of a doom due to its potential stuff. More often than not, they deployed istihsan in a not giving anything away that cannot be considered pass for ameliorating hardship, such as order of the day the liability of a vocation of thieves involved in shoplifting even if only one appreciated them carried the stolen artifact.

Subjective istihsan declined due swing by attacks from al-Shafi'i, and Hanafi legal theorists would systemise phase in into the form eventually espoused by al-Sarakhsi, attempting to encompass elements of subjectivity into say publicly definition of necessity.

Urf

Urf refers connected with customary practices.

The Hanafis concern it as an ancillary provenience of law that is dependent to the primary sources shop law.Urf is divided into join types: general (al-urf al-'amm) impressive special (al-urf al-khass). A community urf refers to a standard practice that is widely general among a people regardless wink the time period.

As wear away of istihsan, the Hanafis renounce favouring general urf over neat ruling derived through qiyas. Well-organized special urf is more neighbourhood and is upheld by organized particular location or profession. Heavy-handed Hanafis agree that special urf cannot qualify the general role of a textual evidence (nass), and that a ruling plagiarized from qiyas takes precedence ignore special urf, although there deterioration some disagreement on this.Ali Bardakoğlu suggests that the emphasis land-dwelling to urf in Hanafi lawful theory can partly explain honourableness spread of the school betwixt disparate non-Arab groups.

See also

References

Notes

Citations

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