Hanafi

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The Hanafi (Arabic: حنفي‎‎ Ḥanafī) school is one of the four religious Sunni Islamic schools of jurisprudence (fiqh).[1] It is named after the scholar Abū Ḥanīfa an-Nu‘man ibn Thābit (d. 767), a tabi‘i whose legal views were preserved primarily by his two most important disciples, Abu Yusuf and Muhammad al-Shaybani. The other major schools of Sharia in Sunni Islam are Maliki, Shafi`i and Hanbali.[2][3]

The Hanafi fiqh is the fiqh with the largest number of followers among Sunni Muslims.[4] It is predominant in the countries that were once part of the historic Ottoman Empire, Mughal Empire and Sultanates of Turkic rulers in the Indian subcontinent, northwest China and Central Asia. In the modern era, The Hanafi school of thought is prevalent in the following regions: Turkey, the Balkans, Syria, Lebanon, Jordan, Palestine, Egypt, parts of Iraq, the Caucasus, parts of Russia, Turkmenistan, Kazakhstan, Kyrgyzstan, Tajikistan, Uzbekistan, Afghanistan, Pakistan, parts of India and China, and Bangladesh.[4][5][6]

Sources and methodology

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.[4][5] An estimated one-third of all Muslims worldwide follow Hanafi law.[4]

The sources from which the Hanafi madhhab derives Islamic law are, in order of importance and preference: the Quran, and the hadiths containing the words, actions and customs of the Islamic prophet Muhammad (narrated in six hadith collections, of which Sahih Bukhari and Sahih Muslim are the most relied upon); if these sources were ambiguous on an issue, then the consensus of the Sahabah community (Ijma of the companions of Muhammad), then individual's opinion from the Sahabah, Qiyas (analogy), Istihsan (juristic preference), and finally local Urf (local custom of people).[7]

Abu Hanifa is regarded by modern scholarship as the first to formally adopt and institute analogy (Qiyas) as a method to derive Islamic law when the Quran and hadiths are silent or ambiguous in their guidance.[8]

The foundational texts of Hanafi madhhab, 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 the dhimmi).[9][10][11]

History

As the fourth Caliph, Ali Ibn Abu Taalib had transferred the Islamic capital to Kufa, and many of the first generation of Muslims had settled there, the Hanafi school of law based many of its rulings on the earliest Islamic traditions as transmitted by Sahaba residing in Iraq. Thus, the Hanafi school came to be known as the Kufan or Iraqi school in earlier times. Ali and Abdullah, son of Masud formed much of the base of the school, as well as other personalities such as Muhammad al-Baqir, Ja'far al-Sadiq, and Zayd ibn Ali. Many jurists and historians had lived in Kufa including one of Abu Hanifa's main teachers, Hammad ibn Sulayman.[citation needed]

In the early history of Islam, Hanafi doctrine was not fully compiled. The fiqh was fully compiled and documented in the 11th century.[12]

The Turkish rulers were some of the earliest adopters of 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.[13] The Abbasids patronized the Hanafi school from the 10th century onwards. The Seljuk Turkish dynasties of 11th and 12th centuries, followed by Ottomans adopted Hanafi fiqh. The Turkic expansion spread Hanafi fiqh through Central Asia and into South Asia, with the establishment of Seljuk Empire, Timurid dynasty, Khanates and Delhi Sultanate.[12][13]

See also

References

  1. ^ Hisham M. Ramadan (2006), Understanding Islamic Law: From Classical to Contemporary, Rowman Altamira, ISBN 978-0759109919, pp. 24–29
  2. ^ Gregory Mack, Jurisprudence, in Gerhard Böwering et al (2012), The Princeton Encyclopedia of Islamic Political Thought, Princeton University Press, ISBN 978-0691134840, p. 289
  3. ^ Sunnite Encyclopædia Britannica (2014)
  4. ^ a b c d Jurisprudence and Law – Islam Reorienting the Veil, University of North Carolina (2009)
  5. ^ a b Siegbert Uhlig (2005), "Hanafism" in Encyclopaedia Aethiopica: D-Ha, Vol 2, Otto Harrassowitz Verlag, ISBN 978-3447052382, pp. 997–99
  6. ^ Abu Umar Faruq Ahmad (2010), Theory and Practice of Modern Islamic Finance, ISBN 978-1599425177, pp. 77–78
  7. ^ Hisham M. Ramadan (2006), Understanding Islamic Law: From Classical to Contemporary, Rowman Altamira, ISBN 978-0759109919, p. 26
  8. ^ 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, 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
  9. ^ Oliver Leaman (2005), The Qur'an: An Encyclopedia, Taylor & Francis, ISBN 978-0415326391, pp. 7–8
  10. ^ 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
  11. ^ Majid Khadduri (1966), The Islamic Law of Nations: Shaybani's, Johns Hopkins University Press, ISBN 978-0801869754
  12. ^ a b Nazeer Ahmed, Islam in Global History, ISBN 978-0738859620, pp. 112–14
  13. ^ a b John L. Esposito (1999), The Oxford History of Islam, Oxford University Press, ISBN 978-0195107999, pp. 112–14

Further reading

  • Branon Wheeler, Applying the Canon in Islam: The Authorization and Maintenance of Interpretive Reasoning in Ḥanafī Scholarship (Albany, SUNY Press, 1996).
  • Nurit Tsafrir, The History of an Islamic School of Law: The Early Spread of Hanafism (Harvard, Harvard Law School, 2004) (Harvard Series in Islamic Law, 3).
  • Behnam Sadeghi (2013), The Logic of Law Making in Islam: Women and Prayer in the Legal Tradition, Cambridge University Press, Chapter 6, "The Historical Development of Hanafi Reasoning", ISBN 978-1107009097
  • Theory of Hanafi law: Kitab Al-Athar of Imam Abu Hanifah, Translator: Abdussamad, Editors: Mufti 'Abdur Rahman Ibn Yusuf, Shaykh Muhammad Akram (Oxford Centre of Islamic Studies), ISBN 978-0954738013
  • Hanafi theory of war and taxation: Majid Khadduri (1966), The Islamic Law of Nations: Shaybani's, Johns Hopkins University Press, ISBN 978-0801869754
  • Burak, Guy (2015). The Second Formation of Islamic Law: The Ḥanafī School in the Early Modern Ottoman Empire. Cambridge: Cambridge University Press. ISBN 978-1-107-09027-9. 

External links

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