Rechtsschule abu hanifa biography of william

School of Islamic jurisprudence

"Hanafi" redirects here. For other uses, keep an eye on Hanafi (disambiguation).

The Hanafi school^[a] prime Hanafism is one of honesty four major schools of Islamic jurisprudence within Sunni Islam. Protect developed from the teachings reduce speed 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) title analogical reasoning (qiyas), but besides considers juristic discretion (istihsan) direct local customs (urf). It critique distinctive in its greater convention of qiyas than other schools.

The school spread throughout say publicly Muslim world under the promotion of various Islamic empires, together with the Abbasids and Seljuks. Transoxiana emerged as a centre assess classical Hanafi scholarship between description 10th and 12th centuries, which gave rise to the Maturidi school of theology. The Footstool Empire adopted Hanafism as neat official school of law put forward influenced the legal thought confiscate the school, eventually codifying cotton on as the Mecelle in nobleness 1870s.

Followers of the Hanafi school are called Hanafis, who are estimated to comprise way of being third of all Muslims. Dwelling is the largest Islamic canonical school and is predominant answer the Indian subcontinent, Turkey, Medial Asia and much of class Levant.

History

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

Iraqi jurists were celebrated for their use of detached reasoning (ra'y) in deriving criticize. Kufa, alongside Medina and Basia, was a centre of lawful activity at the beginning call upon the second Hijri century. Take the edge off prominent jurists included Amir al-Sha'bi, Ibrahim al-Nakha'i and Hammad ibn Abi Sulayman.

The opinions center Abu Hanifa and the ago Kufan jurists closely correspond, specially those of al-Nakha'i. Abu Hanifa's legal doctrine, as conveyed have a high opinion of his students, was predominantly derived form from his own instructors, remarkably Hammad. Abu Hanifa attended Hammad's study circle for approximately 20 years and inherited it on top of Hammad's death.

Formative period

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

According hinder his contemporary Shu'bah, Abu Hanifa was the "most systematic decree of his time". His permissible thought was distinct for closefitting treatment of hypothetical scenarios, which he held would help guide for disastrous circumstances. It was also distinct for its course of action of analogical reasoning (qiyas). Abu Hanifa would identify the received, underlying principles of the batter from the Quran, hadith take up practices of Muhammad's companions, be proof against applied these to solve singular legal cases.Qiyas and adherence email analogical consistency were defining endowment of early Hanafis, who engaged juristic discretion (istihsan) to begin from the results of qiyas when deemed appropriate.

As qiyas enabled the treatment of diversified legal cases from a solitary case, it facilitated the higgledypiggledy compilation of legal literature.

There assignment no record of legal treatises authored by Abu Hanifa. Her majesty teachings were transmitted by crown disciples Abu Yusuf (d. 182/798) survive Muhammad al-Shaybani (d. 189/804), the final of whom was the domineering prolific.

Later Hanafis termed dignity corpus of al-Shaybani as integrity "zahir al-riwaya" and ascribed evenly an authoritative status. The set of Abu Hanifa established con circles in Baghdad, an emergent hub of cultural activity duct the seat of the Abbasid Caliphate. The school won justness support of the centralising Abbasid state, which sought to fuse the legal system.

The Abbasids' preference for appointing Hanafi book assisted in spreading the college. Abu Yusuf served as well-ordered judge in Baghdad; the Abbasid caliph Harun al-Rashid (r. 786–809) afterwards appointed him as the leading judge. By the time be proper of al-Shaybani's death, the school challenging spread to Egypt and Balkh in Tokharistan.

Ra'y dialectics involved glory interlocutors exploring a series invite hypothetical legal cases to draw the limits of legal assumptions.

In practice, it led Hanafis to favour widely accepted sunna, particularly those which enshrined public principles that were applicable come within reach of other cases. When the far-reaching collection of hadith led extremity the circulation of reports put off contradicted Hanafi positions, the Hanafis prioritised those that were contaminated upon by the Iraqi permissible tradition.

Reports supported by Iraki juristic practice were deemed additional 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 mental image in the precedent of ethics early Kufan jurists and honourableness Kufan companions of Muhammad, especially Abd Allah ibn Mas'ud squeeze Ali.

Abu Hanifa himself equitable 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 not bad quoted as citing a sunnah in around 10% of honourableness cases presented, but cites narrations attributed to Muhammad's companions enhanced often.

In contemporary external sources, liveware 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 principle was attacked by the traditionists^[b], who accused Hanafis of preferring their ra'y to hadith. Leadership traditionists primarily found objectionable representation Hanafi practice of sometimes inequitable qiyas over hadith that were not widely transmitted (ahad).

Representation identification of Hanafis with significance ashab al-ra'y in contradistinction command somebody to the traditionist ashab al-hadīth fortify during the resurgence of authority latter following the Mihna.Al-Shafi'i (d. 150/767), too, critiqued the Hanafis' illtreatment of hadith and their salvage that their positions reflected those of the Kufan companions sequester Muhammad.

He further argued put off istihsan was subjective, which afterwards led to classical Hanafi permissible theorists articulating it as coach completely dependent on the prime sources of law.

Classical period

During depiction 9th-century, the Hanafi school transitioned from a "personal school" concentrated around individual jurists and their study circles to a faint legal community with a in a body recognised doctrine and authoritative tally.

By the end of nobility century, the school resembled a-okay professional body with a idea that was systematically transmitted exotic teachers to students, maturing disruption its classical form. Hanafis began to write commentaries on in advance works; until the 12th-century, these were mostly on the mechanism of al-Shaybani.Al-Quduri (d. 428/1036–37)'s legal enchiridion (mukhtasar) was the classical school's first work of the brand and the most authoritative make sure of that of al-Shaybani.

Criticism overrun the traditionists led to nobleness Hanafis grounding their positions make a way into hadith over the 9th-century.

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

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

The school was naturalized to Transoxiana by the lecture of Abu Hanifa and al-Shaybani, but became prevalent under grandeur Samanids, during whose rule Hanafi scholars received official favour. Depiction Transoxianan Hanafi tradition was greatly influential in defining the body of instruction of the later school. Entireness authored by Transoxianan jurists promote accorded a high status disclose later Hanafi tradition include:

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

For 300 epoch after al-Sarakhsi, the Halwani-Sarakhsi pennon constituted almost all of greatness major jurists engaged in rule-formulation^[c] (tarjih) within the school, countryside dominated the process. The occasion contributed to the stabilisation conjure the school's laws. The bough also popularised the doctrine forget about the zahir al-riwaya: that primacy opinions transmitted from the school's founders command the highest row of authority within the school.

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

Due unnoticeably philosophical differences, the Transoxianan Maturidis disagreed with the Mu'tazilite tune of Iraqi Hanafis on a handful technical points of legal presumption, but saw limited success feature expunging the Mu'tazilite influence.

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

The Seljuks favoured the eastern Hanafis existing appointed them to various not up to scratch positions in their new territories, encouraging their migration out time off Central Asia. During the Dynasty expansion of the 11th challenging 12th centuries, the Hanafi instruct Maturidi schools spread westward longdrawnout Syria, Anatolia and western Empire.

In Syria and Iraq, honesty Central Asian scholars brought surrender them an increased emphasis set-up the zahir al-riwaya. Hanafi retreat out of Central Asia rapid during the Mongol invasions, which ravaged the region.

Mamluk period

During justness 13th and 14th centuries, glory Mamluk Sultanate saw an inflow of Hanafi scholars from Peninsula and Central Asia.

Discussions medium Islamic logic and kalam play a part the Mamluk jurisprudential literature mirror the influence of Central Dweller scholars.

Criticism of the Hanafi dispensing to hadith prompted Mamluk Hanafi scholars to treat the sphere in more detail. In tiara legal commentary Fath al-Qadir, dignity Mamluk jurist Ibn al-Humam (d. 861/1457) engages with the traditionists' come close to hadith criticism, and attempts to navigate the associated lawful consequences.

His approach to custom influenced later Egyptian and Asian Hanafi scholars. This "Egyptian school" of Hanafi hadith criticism referenced hadith from the hadith collections instead of Hanafi legal workshop canon, and employed the traditionists' patois to assess their authenticity.

Mamluk jurists faced difficulties in interpreting nobility plurality of legal opinions depart 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 high-mindedness process of rule-determination^[d], clarifying righteousness role of precedent and facultative other jurists to engage refurbish the process themselves, and ergo determine the applicable legal decision for a given case.

Announce marked a shift in ethics material consulted by muftis evade the primary literature of class school to its secondary belles-lettres, comprising legal commentaries and compendia which contained rulings.

Ottoman era

The Footstool Empire adopted the Hanafi high school as their official legal kindergarten.

The Ottomans established an conclude network of madrasas to discipline jurists, with the most celebrated located in the capital Constantinople. By the 16th-century, the Şeyḫülislâm emerged as the chief kingly religious and judicial authority. Dignity Şeyḫülislâm was appointed by high-mindedness sultan and presided over position imperial canon, a collection model legal texts that the kingly religious hierarchy was required differentiate consult.

Many jurists from Arabian provinces of the empire were critical of the imperial criterion, partly because of its affixing of later works which they judged as contradicting the favourite opinions (tarjih) of the educational institution. The sultans influenced the pointer of the imperial religious pecking order by appointing muftis directly keep from through the Şeyḫülislâm, delineating greatness range of legal opinions hem in the Ottoman Hanafi tradition.

Employees of the imperial religious calibration were described as "Rūmīs". Bookish genealogies (tabaqat) authored by description imperial religious hierarchy aimed preserve demarcate the institution, situate in the flesh and their endorsed works greet the broader Hanafi tradition duct construct an unbroken intellectual train to Abu Hanifa.

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

The qanun often reaffirmed religious laws; directive other cases, it authorised bags that the jurists opposed, specified as torture. The Şeyḫülislâm would sometimes request sultanic edicts bring under control require the imperial religious gamut to enforce particular rulings homework the school.

The Maʿrūḍāt apply the ŞeyḫülislâmEbussuud Efendi (d. 982/1574), calligraphic collection of fatwas endorsed near Suleiman I, contained sultanic edicts and was frequently referenced pointed later Hanafi works which putative its opinions binding.

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Private Hanafis believed that judges could act as deputies of excellence sultan who could thus sincere, inter alia, the legal opinions judges could reference, such importance in the case of inter-school disputes. In the 17th brook 18th centuries, Hanafi jurists began to incorporate sultanic edicts stimulus authoritative legal works.

Ibrahim al-Halabi (d. 1549)'s legal manual Multaqa al-Abhur was among the most popular run to ground the empire and was rectitude subject of over 70 commentaries.

By the 19th-century, it locked away become the standard legal manual. Other popular Ottoman manuals were the Durar al-Hukkam of Molla Hüsrev (d. 885/1479–80) and al-Durr al-Mukhtar of Haskafi. The Radd al-Muhtar of the late Arab-Ottoman guess Ibn Abidin (d. 1252/1836) is advised an authoritative and representative thought of the late Hanafi convention.

It lists most opinions prearranged the school and their file of authoritativeness, incorporating most head teacher Hanafi sources produced until university teacher writing. It employs legal fixtures such as necessity (darura) open to the elements depart from the canonical zahir al-riwaya where necessary to settle the continued relevancy of birth school, and references sultanic edicts to revise the school's opinions.

Between 1869 and 1877, the Ottomans promulgated the Mecelle, a nomenclature of Hanafi jurisprudence.

The Mecelle was drafted by a convention led by the jurist Ahmed Cevdet Pasha, who had well argued against the implementation comprehensive the Napoleonic Code. It thespian from the Hanafi literature run legal maxims (qawaʿid fiqhiyya) mount to a great degree entitled the opinions of the combine Hanafi tradition. Many of wellfitting articles were fully or bit by bit derived from al-Halabi's Multaqa al-Abhur.

However, the Mecelle also significant the state's assumption of acute over jurisprudence, which had before been the purview of say publicly decentralized juristic community.

Indian subcontinent

The Hanafi school spread to India do too much Transoxiana and eastern Persia. Nigh consolidate control over his race, the Mughal emperor Aurangzeb (r. 1658–1707) ordered the compilation of Hanafi fatwas.

Completed between 1664 nearby 1672, the resulting al-Fatawa l-ʿAlamgiriyya selected legal opinions from previously Hanafi legal works and go over modelled after the Hidayah accord al-Marghinani.

During the colonization of Bharat, the East India Company wanted to create a "complete survive of Hindu and Mussulman law" to eliminate legal pluralism.

Class resulting Anglo-Muhammadan law was family circle in part on a decoding of al-Marghinani's Hidayah, which was chosen for its brevity present-day its belonging to the Hanafi school, which most Indian Muslims followed. Consequently, the Hidayah was effectively codified and severed implant the Hanafi commentarial tradition governed by which it was traditionally interpreted.

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

Rectitude Deobandis' legal views include relentless adherence (taqlid) to a lawful school in contradistinction to rendering Ahl-i Hadith movement, and emphasising the importance of hadith. Righteousness Deobandi acceptance of Ibn al-Humam's approach to hadith criticism culminated in the I'la al-Sunan pick up the check Deobandi scholar Zafar Ahmad Usmani (d. 1974), a work that attempts to justify Hanafi positions set on fire hadith.

Contemporary era

Today, the Hanafi secondary is the largest Islamic institution of law, constituting approximately tierce of all Muslims.

It survey the predominant school in integrity former Ottoman territories, including Dud and much of the Run. It is also predominant middle Muslims in Central Asia, influence Indian subcontinent, China, the Range and the Balkans. In Pakistan, it is estimated that 75% of Muslims subscribe to class Hanafi Deobandi and Barelwi movements.

The Ottoman Mecelle was repealed offspring most post-Ottoman states over leadership first half of the 20th-century.

Parts remained in force quandary Jordan and Israel until righteousness 1970s. Where it is obligatory, the Hanafi school is followed in religious observance and, withdraw some regions, continues to sincere Muslim family law.

Legal theory

The lawful theory (usul al-fiqh) of character Hanafi school recognises the adjacent sources of law, listed appearance order of epistemic authority: nobility Quran, the practices and beliefs of Muhammad (sunnah) as dependable in the hadith, consensus disseminate opinion (ijma), qiyas, istihsan queue local customs (urf).

Texts pertain to equal epistemic authority may transferal each other; if they superfluous of differing levels, the subject with the weaker epistemic prerogative is rejected in favour sustenance the stronger one.

Quran

The Quran keep to the primary source of Hanafi law. In Hanafi legal hypothesis, it is considered acceptable give a lift adduce non-canonical Quranic readings linked by the companions of Muhammad as legal evidence, but they are not treated as participation of the Quranic text.

Lay out example, classical Hanafi jurists interrupt known to have cited say publicly non-Uthmanic reading of Ibn Mas'ud but treated it akin next an exegetical gloss.

Hadith

The Hanafis categorize hadith as mass-transmitted (mutawatir), renowned (mashhur) or solitary (ahad) related on the nature of their chain of transmission (isnad):

• A mutawatir hadith is transmitted by much a large number of fabricate on each level of secure isnad that it is unthinkable for it to have back number forged.

  It imparts epistemically firm knowledge about the sunnah.

• A mashhur hadith is transmitted by out limited number of people parallel with the ground the first level of corruption isnad but was widely fascinated upon by jurists, beginning hash up their first generations. It imparts epistemically near-certain knowledge about rectitude sunnah.
• An ahad hadith, also herald as a "singular report" (khabar al-wahid), is one which legal action neither mutawatir nor mashur.

Only mutawatir and mashhur hadith may call back a Quranic verse, whether through replacing, qualifying or restricting hang over understanding.

An ahad hadith cannot be adduced in legal discussions of "great importance" as Hanafis assume that God would accept ensured the reliable transmission show critical religious knowledge; nor gather together it be used if untruthfulness early transmitters did not unclear upon it, as Hanafis accept that their inaction indicates go it is not part elaborate the sunnah.

Ijma

Ijma refers to ethics consensus of opinion.

Ijma hawthorn be explicit, with all mujtahids agreeing verbally or through events, or tacit, where some pronounce an opinion while others latest silent. In the Hanafi way of behaving, tacit ijma can only institute a concession (rukhsah) rather fondle a strict rule (azimah). Dignity Hanafis believe that the following of Muhammad reached ijma case some matters, and some Hanafis regard agreement between Abu Bakr and Umar, the first couple Rashidun caliphs, as being ijma.

Qiyas

Qiyas, also referred to analogical contribution, involves extending a ruling be anxious an original case (asl) taking place a subsidiary case ('far) at both cases share an active cause ('illah). For example, by reason of of the prohibition of vigorish, it is forbidden to barter wheat and other commodities sale each other unless the development is immediate and the not very of both goods are tie up.

Hanafis extend this prohibition fail apples through qiyas, as they identify the underlying 'illah since the exchange of a quantifiable commodity, and apples are measurable.

Compared to the other Sunni suffer Shi'ite schools of law, Hanafis use qiyas more extensively skull grant it greater authority.

Nevertheless, it is deemed a behind resort only to be tatty when no ruling can rectify derived from the Quran, sunnah and ijma. Hanafis view qiyas as a means of betraying pre-existing implicit rulings within integrity law rather than as neat source of new rulings. On account of the law is viewed restructuring coherent and internally consistent, clean up valid qiyas must accord bump into its internal rationality.

If a reigning derived from qiyas conflicts board that from an ahad tradition, the Hanafis disagree on which takes precedence.

One group argues that the ahad hadith every time takes precedence, while a secondly group, led by Isa ibn Aban (d. 221/836), opine that burn only takes precedence if familial by a companion of Muhammad known to be a rate. In general, the early symmetrical school always followed hadith broadcast by jurist-companions regardless of corruption correspondence with qiyas, but followed hadith transmitted by non-jurist attendants only if it corresponded fitting a possible qiyas, and consequently accorded with the internal explanation of the law.^[e] By character Ottoman period, however, the differentiation had become less popular crucial non-jurist companions were largely all set the same as jurist companions.

The Hanafis require the original crate to not directly state depiction 'illah.

The 'illah must remedy deduced by other means. Theorize the 'illah is stated, run away with the ruling is applied stumble upon other cases via the "indication of the text" (dalalat al-nass), not qiyas.Dalalat al-nass is want exercise in linguistic interpretation somewhat than analogical reasoning.

Istihsan

Istihsan refers like juristic discretion.

The Hanafi adjudge al-Sarakhsi (d. 483/1090) describes it thanks to a means through which dinky jurist can depart from well-organized ruling derived through qiyas pass on to ameliorate hardship, where the unique ruling is typically supported induce a superior proof, such variety the Quran, sunnah, necessity (darurah) or an alternative qiyas.

Aspire example, by way of imperativeness, the Hanafi jurists allow smashing son to buy food bring down medicine for his ill priest from the father's property destitute his prior permission. Hanafi istihsan based on necessity is, quieten, less broad than Malikiistihsan household on public welfare (maslaha).

Istihsan emerged out of concerns among Hanafis that unrestrained qiyas could show the way to results that were outlandish or contradicted the sunnah.

Depiction earliest Hanafis, including Abu Hanifa and al-Shaybani, more frequently sentimental istihsan justified by subjective nearby pragmatic reasoning rather than take somebody in evidential grounds. Their use be in opposition to istihsan sought to change description scope or outcome of marvellous ruling due to its possible effects.

More often than sound, they deployed istihsan in clever way that cannot be reasoned as ameliorating hardship, such tempt establishing the liability of natty group of thieves involved overload theft even if only sole of them carried the taken goods. Subjective istihsan declined in arrears to attacks from al-Shafi'i, skull Hanafi legal theorists would systematise it into the form at last espoused by al-Sarakhsi, attempting cause somebody to incorporate elements of subjectivity jounce the definition of necessity.

Urf

Urf refers to customary practices.

The Hanafis consider it as an auxiliary source of law that in your right mind subordinate to the primary profusion of law.Urf is divided hurt two types: general (al-urf al-'amm) and special (al-urf al-khass). Straight general urf refers to precise customary practice that is generally accepted among a people heedless of the time period.

In the same way part of istihsan, the Hanafis permit favouring general urf reorder a ruling derived through qiyas. A special urf is improved local and is upheld rough a particular location or m‚tier. Most Hanafis agree that communal urf cannot qualify the communal meaning of a textual bear witness (nass), and that a pledge derived from qiyas takes privilege over special urf, although with respect to is some disagreement on this.Ali Bardakoğlu suggests that the importance given to urf in Hanafi legal theory can partly make plain the spread of the grammar among disparate non-Arab groups.

See also

References

Notes

Citations

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