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HANAFI SCHOOL OF THOUGHT

AlMadh'hab AlHanafi

AlMadh'hab AlHanafi was the product of the Fiqh rules and regulations as taught by Abu Hanifa. As in
other Islamic Schools of Thought Abu Hanifa's Fiqh deals with tawhid, elements of faith, elements of
worship (pillars of Islam), the halal and haram, ethics, dealing with other people (Mu'aamalat).

FEATURES of AlMadh'hab AlHanafi

The AlHanafi School of Thought tends to put more emphasis on Qiyas ( Analogy) and Raa'y
(personal opinion) than an emphasis on Hadith choices, and the deductions there from. It does not
acknowledge the Imamah of Ahlul Bayt. The Hanafi School of Thought began its popularity in the last
quarter of the second century Hijrah.

IMAM ABU HANIFA- FOUNDER OF THE SCHOOL OF THOUGHT

Imam Abu Hanifa (699-767 A.D.)

Founder of one of the four schools or rite of Islamic legal knowledge within the Sunni branch of
Islam.
One of the Laws Greats

Early Life

He was born in Kufa, Iraq.


o Kufa, at that time, was a leading central of learning, at par with Mecca, Medina
He was originally a textile/silk merchant.
o He established a reputation for honesty and fairness.

Conversion

His providential encounter with a faqih, converted him, leaving his mundane life as a merchant.
At first he was hard-hearted and thick-skinned, but as time went on, he devoted his life to the
study of Islamic jurisprudence.
He pursued the knowledge of the Islamic jurisprudence with great openness and lack of bias.
He did not even shun the Shiia and other heretical sects in his quest for understanding.
The most knowledgeable of people, Abu Hanifa wisely observed, is the one with the most
knowledge of peoples differences.

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Imam Abu Hanifas Characteristics

Impartiality He never accepted a favor from anyone and so was never indebted to anyone.
Humanitarian ways & generosity He once forgave repayment of his debt because of the mans
humbleness
Kind heartedness He paid daily visits to a man who fell from a roof.
Disposition He would never speak unless it was necessary to do so.

When Abu Hanifah was offered the Chief Qadi of an entire state, he said:

I am not fit for that.

Al-Mansr said to him, You lie, you are fit.

Abu Hanfa retorted, I have declared myself unfit [and if I am fit, as you say]
how can it be lawful for you to appoint someone who is a liar as Qadi?

Because of this, Abu Hanifa was punished by imprisonment and flogging. He died, as a result of the
mistreatment in prison or perhaps poison, in Baghdad.

EVOLUTION OF THE SCHOOL OF LAW

HIGHLIGHTS of AlMadh'hab AlHanafi

AlMadh'hab AlHanafi took off after Abu Hanifa died in 150H. Of his close followers some stand
out in spreading the Fiqh. The main ones are Abu Yusuf, Muhammad Sheybani, and AlLu'lu'i.

Abu Yusuf was the Chief Justice appointed during the times of Khalifa AlMahdi, then
Khalifa AlHaadi, then Khalifa AlRasheed. The last was grateful to Abu Yusuf for he was the
maininfluence in favor of the AlRasheed for the Khilaafah; therefore Abu Yusuf was elevated to be the
Supreme Justice. Meanwhile Abu Yusuf, with full support of the powers of the government, appointed
to the Justice Department only those who acknowledged the Hanafi Fiqhall others had either to
change their Madh'hab or lose their job. Abu Yusuf had his own interpretation of the Hanafi Fiqh, and he
wrote some books about the Madh'hab. His close student was AlSheybani, who had not reached his
twenties when Abu Hanifa died.

AlSheybani was a good writer, and he wrote a good many books about the teachings of
Abu Hanifa, thus making the biggest contribution to the Hanafi Madh'hab. Like Abu Yusuf, AlSheybani
had his personal views and Fiqh points, and he expressed them when he wrote the Hanafi Fiqh.
AlSheybani also studied under Malik Ibn Anas for 3 years and was affected by his methodology, thus he
introduced Malik's method of Hadith selection in the emerging Hanafi Madh'hab.

The promotion of the Hanafi Fiqh by the government powers over an extended period of time
popularized the Madh'hab; thus the Hanafi Madhhab slowly became mainstream. Unlike the Ja'fari Fiqh
(which was adamantly independent of the government), the Maaliki and by now the Hanafi Madh'habs
were eagerly embraced and espoused by the government in a move as a counterweight to the Ja'fari

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Fiqh, (that of Ahlul Bayt), because these two conformed to the policies and practices of the government.

LEGAL PRINCIPLES AND APPLICATION

FORMATION OF THE HANAFI SCHOOL OF THOUGHT

o Abu Hanif left no fundamental books. Several small booklets which he ascribed to
express only the general ideological principles and tenets of his teachings.
o Almost all of his legacy was passed to them orally their students, who began work on
the systematization and records everything tremendous scientific heritage, which left a
teacher.
o His disciples done everything in their power to ensure that the legacy of this great man
was not forgotten and their efforts began to form the ideological and legal School
(Madh'hab) Hanafi, who was destined to become one of the most prevalent in orthodox
Islam.
o In preserving, organizing and disseminating the teachings of Abu Hanifa is particularly
distinguished two of his students - Ya'qub ibn Ibrahim al-Ansari (d. 182), the better
known as Abu Yusuf and Muhammad ibn al-Hasan Al-Shibani (132-189 gg.). They are
called "sahibeyn (two student). Abu Yusuf is the author of the following works:
o Abu Yusuf is the author of the following works:
Kitab al-Asar

In this essay Yusuf, son of Ya'qub ibn Ibrahim, tells of his father, and that
of Abu Hanifa.
In this work are the links and chains narrators (isnady) of all the events
that date back to the Prophet and his companions, referred to by the
late teacher. In the same essay shows the scientific methods of Abu
Hanifa, and also collected fatwas of various Iraqi jurists.
Ihtilafu Abu Hanifa wa Ibn Abu Laila.

In this polemic tells about the various aspects of the debate on various
issues between Abu Hanifa and jurist Ibn Abu Leila. It also clearly
expressed With world?? bit ibn Numan and his methods.

Alaa al-radd al-Siyyer Avzai.

In this work refers to the respect Muslims with non-Muslims during the
conduct of war and addresses various aspects of Islamic doctrine of war
(jihad).

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Kitab al-Kharaj.

In this work of Abu Yusuf addressed the economic problems state.


Distinctive feature of this work is its own representations on this issue,
which sometimes do not coincide with the representations of the Abu
Hanifa, which the author gave in parallel with his thoughts.

FEATURES OF AL-MADH'HAB AL-HANAFI

o The Al-Hanafi School of Thought tends to put more emphasis on Qiyas ( Analogy)
and Raa'y ( personal opinion) than an emphasis on Hadith choices, and the
deductions therefrom.

o It does not acknowledge the Imamah of Ahlul Bayt. The Hanafi School of Thought began
its popularity in the last quarter of the second century Hijrah.

USOOL (FOUNDATION) OF FIQH

o The method of making legal provisions for Abu Hanifa was based on the following basic
sources:

1. Quran . This is the Word of God and the fundamental basis of Sharia.
2. Sunnah. Examples from the life of the Prophet Muhammad, his words and
expressions which are commentaries for the verses of the Quran.
3. Posts Companions of the Prophet Muhammad. This source also clarifies in
various aspects of the Sharia, as the companions were with the Prophet and
know the essence or the same background, different problems. Vyskazavaniya
tabiinov (the next generation behind them) are not statements of associates, as
they not directly have contact with the Prophet.
4. Qiyas. A proposition by analogy, which applies in cases where in Revelation
there was no literal to a given problem. The essence of this method is that the
legal issue in these cases can be resolved on the basis of analogy with what
already exists in Revelation. The legal problem is associated already in solution
and on this basis of decision.
5. Istihsan (preference). Possibility of rejection of arguments qiyas if formally
correct opinion on the analogy in this situation is not quite appropriate. In this
case, the requirement imposed on the basis of another argument, which is
opposed to explicit qiyas. Istihsan applies when qiyas contradicts Ijma and
orfom.
6. Ijma. Unanimity mudzhtahidov (theologians), both past and today, about any
problem.
7. Orf. Use as an argument to any of the traditional distribution opinion in the
Muslim society, if there is no literal evidence Revelation. Orff is divided into
Sahih and FASID. Saheeh - is the RUF, which is not contradicts revelation. That
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allows him to apply as evidence. FASID - this is the RUF, which contradicts
revelation. This type of Orff not accepted as evidence.

SOME METHODS OF THE HANAFI SCHOOL OF THOUGHT

o Those fatwas, which are based on the verdict of Abu Hanifa, Abu Yusuf and Muhammad
Al-Shibani (Zahiru'r-Rivayya) are final and binding execution. If the requirements of Abu
Hanifa and Sahibeyna different, the prescriptions founder of school of thought are more
a priority for execution. What As for the requirements Sahibeyna (Abu Yusuf and
Muhammad al-Sheibani), they not given in this case, preference, if not for that, no
pressing necessary. For example, the need may occur if data membership of a fatwa of
Abu Hanifa are questionable. By certain issues, such as evidence of inheritance or fatwas
can be given with reference to Abu Yusuf. On some issues fatwa can be given and with
reference to Muhammad al-Sheibani and Zufarov ibn Huzayla.

o If for some issue no ready prescription Imam (Abu Hanifa), the fatwa (legal requirement)
may be issued on the basis of the views and evidence of Abu Yusuf, then Muhammad Al-
Sheibani, and then Zufarov Huzayla and ibn Hasan ibn Ziyad.

o If any problem can be applied as qiyas and istihsana, then in most cases it is necessary
to issue an order pursuant istihsana.

o If Zahiru'r-Rivayye there is nothing on any issue under consideration, then it solution is


allowed to seek other sources of school of thought.

o If from the Imam (Abu Hanifa) on some issue there are many legends, then the granting
legalrequirements necessary to refer to the most convincing and indisputable.

o When Masha (followers who have not seen Abu Hanifa) have different, sometimes
conflicting requirements on some issue, must give fatwa on the basis of majority
opinion.

o Cannot issue legal regulations on the basis of the weak and doubtful traditions (hadith).
However, if there is an urgent need, in exceptional If permissible to issue a fatwa on the
basis of these legends.

TERMS OF THE HANAFI SCHOOL OF THOUGHT

1. Zahiru'r-Rivayya - Messages from Abu Hanifa, Abu Yusuf and Muhammad al-Sheibani;
2. Imam - Abu Hanifa;
3. Sheikhan - Abu Hanifa and Abu Yusuf;
4. Tarafeyn - Abu Hanifa and Muhammad Al-Shibani;
5. Sahibeyn - Abu Yusuf and Muhammad al-Sheibani;
6. Thani - Abu Yusuf;

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7. Al Salis - Muhammad Al-Shibani Lech - The view of Abu Hanifa;
8. Lehuma or Mezhebuhuma - the view of Abu Yusuf and Muhammad al-Sheibani;
9. Ashabuna - Abu Hanifa, Abu Yusuf and Muhammad al-Sheibani;
10. Mashayih - Followers who lived during the life of Abu Hanifa.

LIST OF MAJOR HANAFI BOOKS

1. Bahar-e-Shariat by Mufti Amjad Ali Aazmi.


2. Fatawa Rashidiya by Rashid Ahmad Gangohi.
3. Fatawa Razawiyya by Ahmed Raza Khan Barelvi.
4. Fatawa Mustafwiyah by Mustafa Raza Khan.
5. Hidayah by Burhan al-Din al-Marghinani.
6. Mukhtasar al-Quduri by Imam al-Quduri translated by Imam Tahir Mahmood al-Kiani.
7. Radd al-Muhtar ala al-Dur al-Mukhtar by Ibn Abidin.

ISTIHSAN of ABU HANIFA

Istihsan is to depart from the existing precedent, by taking a decision in a certain case different
from that on which similar cases have been decided, for a reason stronger than the one that is
obtained in those cases.

Some Hanafis have defined istihsan as "evidence (dalil) which occurs to the mind of the
mujtahid but he hesitates to articulate it in words.

Although it is somewhat vague as to the nature of the evidence involved, this definition seems
to have highlighted, more than any other definition, perhaps, the subjectivity of istihsan and its
reliance on personal inclination and understanding of the jurist.

The leading madhahib have perceived istihsan somewhat differently from one another.
Whereas the Maliki jurist Ibn al-Arabi (d. 534H) has simply described istihsan as acting on the
stronger of two evidences, (aqwa al-dalilayn), the Hanafi jurist al-Jassas (d. 370) defined it as
departure from a ruling of qiyas in favour of another ruling which is considered preferable.

The preference so exercised is prompted by the desire to achieve a more equitable solution
because of the rigidity or unfairness that is brought about by strict adherence to the existing
law. Ibn Taymiyyas (d. 728H) definition of istihsan seeks to relate this doctrine more closely to
the textual sources and ijma. Istihsan is thus defined as "the abandonment of one legal ruling
for another which is considered better on the basis of the Quran, Sunna or ijma.

Istihsan and Particularisation (Takhsis)

There are two aspects to this discussion, one of which addresses the question as to whether
istihsan is tantamount to specifying a general rule or hukm of Sharia, or that of qiyas, in

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conjunction with a certain issue, and the other is whether it consists of particularisation of
the effective cause (illah) and through it the hukm. To say that istihsan is in the nature of
particularisation of the general would imply that istihsan is not independent evidence.

This is in fact implied in the Maliki characterisation of istihsan which consists of acting on a
particular benefit ( maslaha juziyya) vis--vis a general principle by way of making an
exceptional concession. This process resembles that of takhsis al-umum, or specifying a
general text in order to uphold the spirit and purpose of that text. Istihsan is thus concerned
with a better understanding of a general principle of Sharia and its proper implementation
with reference to particular issues.

Al-Shatibi noted that both the Imams Abu Hanifah and Malik saw istihsan as specification of
qiyas (takhsis al-qiyas ) in the event where the application of qiyas in a particular instance
departed from its own effective cause.

Ibn Taymiyya took a more flexible view of the particularisation of illah. He saw istihsan a
kind of particularisation of illah where the cause of the original hukm - which is being
abandoned - is present but the hukm of that illah is absent due to an obstacle.

EXAMPLES:

A. Analogical Istihsan

Supposing A buys a house in a single transaction from B and C at a price of 40,000 dollars
payable in installments. A pays the first installment of 2,000 dollars to B assuming that B will hand
over Cs portion to him. But before this happens, B loses the 2,000 and the question arises as to who
should suffer the loss.

By applying qiyas jali, B and C should share the loss. For this is a case of joint debt (al-dayn
al-mushtarak) which means that B received the money on behalf of the partnership and not
for himself alone. Their position in sharing the loss, in other words, is analogous to their
status as partners in the first place.
But by applying istihsan only B who received the money suffers the loss. For C, although a
partner, was basically under no obligation to obtain his portion of the 2,000 from B; it was
only his right/privilege and he would be at the liberty to waive it. Cs portion of the 2,000
dollars would consequently become a part of the remainder of the price (or the debt) that A
owes to both. Only B is therefore to suffer the loss. The solution is based on the subtle
analogy to the rule that one who is under no obligation should not have to pay any
compensation either.

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B. Textually-Based Istihsan (al-Istihsan bil-Nass)

This type of istihsan consists of abandoning a principle or rule that would normally be applicable
to the issue at hand - for an alternative ruling for which support can be found in the text of the
Quran or hadith.

For an illustration of the textually-based istihsan, reference may be made to the subject of
bequest. The Quran validated making a bequest in favour of ones parents and relatives (al-
Baqarah, 2:180) despite it being anomalous to the normal rules of Sharia.

This is because bequest consists of transfer of ownership after the death of the testator. It is not
permissible, in other words, to postpone transfer of ownership to a time when the person who
transfers it is no longer the owner. Since a bequest, although made while the testator was alive,
becomes effective only after his death, it is said to be basically ultra vires and tantamount to
interference in the rights of the legal heirs.

But the Quran has validated making a bequest to relatives nevertheless. It is then stated that
the Quran permitted bequest by way of istihsan, that is contrary to qiyas.

The option of stipulation (khiyar al-shart) also represents an instance of textually-based istihsan.
Khiyar al-shart is basically ultra vires and disagreeable to the normal principles of contract. As a
general rule, a contract becomes binding as of the moment it is validly concluded. Khiyar al-shart on
the other hand entitles the contracting parties to postpone that moment and suspend the legal
consequences of contract by means of stipulation to a later date. But since khiyar al-shart has been
clearly validated in the hadith, on grounds of equity and fairness - which is to provide one or both of
the contracting parties with an opportunity to decide whether or not to ratify the contract. It is then
said that the Sunna validated khiyar al-shart by way of istihsan.

B.3. Istihsan and Ijma

An exception to a general rule of law may be based in ijma in which case it is said that the
istihsan in question is validated by ijma. To illustrate this one may refer to istisna or manufacturing
contract, which is contrary to the normal rules of contract. When someone places an order for some
goods to be made, a contract is concluded in the absence of its subject matter and nothing changes
hands at the time. Yet the anomaly of istisna has been ignored and istisna is validated by general
consensus, which is why it is said that istisna is contrary to systematic analogy or qiyas.

B.4 Istihsan and Necessity (darura)

The deposit holder is normally not entitled to spend out of the property that is entrusted to him
without the permission of the depositor or the judge. But he may do so in situations of necessity if
the depositor is out of reach and it is also difficult to obtain a judicial order for the purpose.

In a similar vein, the legally competent heirs of the deceased may spend, by way of Istihsan, on
their minor relatives who have no legal executor (wasi) what is necessary out of their own

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(childrens) property without any authorisation. By the same token, when a mosque is without a
caretaker but it is recipient of income from a charitable endowment ( waqf) the people of the
locality may spend out of this income to repair any damages in the mosque or to build a fence
around it.

B.5. Istihsan and Maslaha

An idiot (safih) who is under interdiction is permitted by way of istihsan to make a bequest or
establish a charitable endowment (waqf) regardless of the interdiction.

The normal rules of fiqh do not permit such a person to make charitable dispensations but the
exception here is based on the rationale that both bequest and waqf involve transfer of assets after
the death of the testator and waqif and they are, as such, in the nature of preservation, rather than
wasteful expenditure, of the existent assets - hence they are validated by way of istihsan which
encourages charity and good work.

B.6. Istihsan and Custom

The established rules of fiqh designated waqf as a permanent endowment that can only be
instituted over immovable property. Movable property which is liable to destruction and loss is
consequently not to be assigned in waqf. This general rule was, however, set aside by the Hanafi
jurist al-Shaybani who validated the waqf of movable goods such as books, tools and weapons
simply because popular custom accepted it.

Similarly, the right of water ( haqq al-shurb) may not be sold on its own, that is, independently
of the agricultural land which is irrigated by it, because of ignorance of the quantity involved and
also uncertainty over the ownership of water that is not in ones possession nor custody. But some
Hanafi jurists have held it to be permissible by way of Istihsan which is founded in customary
approval of this sale.

THE ORDER OF SOURCES OF LAW PROCEDURES APPLIED BY THE


HANAFI SCHOOL OF THOUGHT

The Hanafi School is one of the four major schools of Sunni Islamic legal reasoning and
repositories of positive law. It was built upon the teachings of Abu Hanifa, a merchant who studied and
taught in Kufa, Iraq, and who is reported to have left behind one major work, Al-Fiqh al-Akbar.

Methodology

While the Hanafi madhab, along with other Sunni schools, utilizes qiyas (analogical reasoning) as
a method of legal reasoning, Abu Hanifa himself relied extensively on ray (personal opinion). He
also favored the use of istihsan, commonly known as juristic preference, which, in some
circumstances, can operate to ameliorate harsh consequences that might otherwise flow from

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strict legal reasoning, and which is believed by some to be based on principles of equity as
interpreted by the jurist.
Hanafi doctrines have always been considered among the most flexible and liberal in Islamic
law, including in the areas of criminal law, treatment of non-Muslims, individual freedoms,
marriage and guardianship, and ownership and use of property.

Sources

The sources from which the Hanafi Madhab derives Islamic Law are (In order of appearance and
Importance)

The Holy Quran


The Hadith

The Holy Quran


o The Qur'an is the first and most important source of Islamic law. Believed to be the
direct word of God as revealed to Muhammad through
angel Gabriel in Mecca and Medina, the scripture specifies the moral, philosophical,
social, political and economic basis on which a society should be constructed. The verses
revealed in Mecca deal with philosophical and theological issues, whereas those
revealed in Medina are concerned with socio-economic laws. The Qur'an was written
and preserved during the life of Muhammad, and compiled soon after his death.

o The verses of the Qur'an are categorized into three fields: "science of speculative
theology", "ethical principles" and "rules of human conduct". The third category is
directly concerned with Islamic legal matters which contain about five hundred verses
or one thirteenth of it. The task of interpreting the Qur'an has led to various opinions
and judgments. The interpretations of the verses by Muhammad's companions for
Sunnis and Imams for Shias are considered the most authentic, since they knew why,
where and on what occasion each verse was revealed.

The Hadith
o A hadith is one of various reports describing the words, actions, or habits of the Islamic
prophet Muhammad. The term comes from Arabic meaning a "report", "account" or
"narrative". Hadith are second only to the Quran in developing Islamic jurisprudence,
and regarded as important tools for understanding the Quran and commentaries (tafsir)
written on it. Some important elements of traditional Islam, such as the five salat
prayers, are mentioned in hadith.

o The hadith literature is based on spoken reports that were in circulation in society after
the death of Muhammad. Unlike the Qur'an the hadiths were not quickly and concisely
compiled during and immediately after Muhammad's life. Hadith were evaluated and

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gathered into large collections during the 8th and 9th centuries, generations after the
death of Muhammad, after the end of the era of the "rightful" Rashidun Caliphate, over
1,000 km (620 mi) from where Muhammad lived.

o Each hadith consists of two parts, the isnad (Arabic: 'support'), or the chain of
transmitters through which a scholar traced the matn, or text, of a hadith back to the
Prophet. Individual hadith are classified by Muslim clerics and jurists as sahih
("authentic"), hasan ("good") or da'if ("weak"). However, there is no overall agreement:
different groups and different individual scholars may classify a hadith differently.

Foundational Texts of the Hanafi Madhab

The foundational texts of Hanafi madhhab, credited to Ab anfa 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)

FOLLOWERS OF THE HANAFI SCHOOL OF THOUGHT

Hanafi school of thought has the largest number of followers among SUNNI MUSLIMS.

It is predominant in the countries that were once part of the Ottoman Empire, Mughal Empire
and Sultanates of Turkic rulers in Indian Subcontinent, Northwest Asia and Central Asia.

The Hanafi School of Thought is the most prevalent one in the Muslim majority societies.

The followers could be found in the following regions:

South Asia Balkan States


India Kosovo
Pakistan Albania
Bangladesh Bosnia and Herzegovina
Afghanistan Macedonia
Central Asia and the Caucasus Montenegro
Kazakhstan Egypt
Uzbekistan Parts of Iraq
Kyrgyzstan Turkey
Tajikistan
Turkmenistan
Azerbaijan
Armenia
Georgia

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REFERENCES
Hasan, A. (1970). Early Development of Islamic Jurisprudence. New Delhi, India: Adam Publishers and
Distributors.

Mohammad Hashim Kamali. (n.d.). ISTIHSAN AND THE RENEWAL OF ISLAMIC LAW. International
Institute of Advanced Islamic Studies (AIS) Malaysia, 1-18.

The University of North Carolina at Chapel Hill. (2016). Center for European Studies. Retrieved November
10, 2016, from Islamic Jurisprudence and Law: http://veil.unc.edu/religions/islam/law/

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