In the course of deducing the reasons behind rulings established by the Book and Sunna, they had to theorise situations in order to ascertain the causes for the rulings and apply them. Since the principles normally mentioned by writers are deduced by later writers and not mentioned by the Imams or their students, three points must be made. This would indicate that the Musnad ascribed to Abu Hanifa is not actually his own collection. The people of analogy and opinion did this a lot.

There are also traditions which confirm the evidentiary nature of consensus like the words of the Prophet, “My Community will never agree on misguidance,” and “What the Muslims see as good is good in the sight of Allah.”, The analogy which Abu Hanifa mostly used was defined by scholars after him in a general definition: to explain the ruling about a matter without a text by ruling it according to something whose ruling is known by the Book, Sunna or consensus since both matters share the same underlying cause.

By: Shaykh Muhammad Abu Zahra (1898–1974), taken from The life and Time’s of Imam Abu Hanifah.

[1] Contents Each of those companions was an imam in his own right. This final chapter is the core of our study since Abu Hanifa’s fiqh is the field for which he is famous. He continued in this vein until they accepted Zafar completely and had transformed their hatred into love.”. Each chapter begins with the traditions they considered sound regarding the topic concerned and then various questions and their answers. It is one of the most authentic collections of which all the Muslims scholars have trust and bear it as the precious gift. Change ), You are commenting using your Twitter account. But what was the istihsan about which some fuqaha’ disagree but about which there was no disagreement between the fuqaha’ of the Hijaz and Iraq, and which Malik considered nine-tenths of knowledge but which ash-Shafi‘i criticised?

Al Hafiz al-Kabir Abu Bakr Ahmad al- Harizmi wrote in his book (Musnad), 'Saif al Aimma' reports that when Imam Abu Hanifah derived a matter from the Qur'an and Hadith, he would not give the answer to the inquirer unless all of them (his students) confirmed it. Some are clear in transmission, like al-Mabsut, az- Ziyadat, al-Jami‘ as-Saghir, as-Siyar as-Saghir, as-Siyar al-Kabir and al-Jami‘ al-Kabir. Nu’man ibn Thabit ibn Zuta ibn Marzuban also known as Imam Abu Hanifah (699 — 767 CE / 80 — 148 AH) (Arabic: أبو حنيفة النعمان بن ثابت بن زوطى بن ماه الفارسي أو النبطي الكوفي، ‎), was the founder of the Sunni Hanafi school of fiqh (Islamic jurisprudence).

He followed a path which another had begun and went to the end of the road. Some sources state that it is the only thing which he transmitted directly from Abu Yusuf.

Ibn ‘Abidin says about the mufti, “The person who makes rulings must know the fiqh regarding the rulings of universal events and possess understanding of the actual situation and people’s circumstances in order to be able to distinguish between the truthful and liar, true and false and so forth. He was strong in using evidence and took the fiqh of opinion from Abu Hanifa which dominated his work.

He was qadi under three khalifs: al-Mahdi, al-Hadi and then ar-Rashid.

Although Abu Hanifa does not have a book on fiqh, scholars mention a musnad of hadiths and traditions ascribed to him. 1, p. 98), The second is what Sahl ibn Muzaham said: “Abu Hanifa took what was reliable and fled from the unseemly. So he inquired about his noisy neighbour.

Ibn ‘Abdu’l-Barr says, “Many of the people of hadith attack Abu Hanifa for rejecting a lot of single hadiths since his method of dealing with them was to compare them with what he had collected of hadiths and meanings of the Qur’an.

The book Musnad Ul Imam Azam is the collection of the 522 Hadith. Anything forbidden by the Qur’an is haram, if there is no uncertainty in the evidence, and anything forbidden by a confirmed sunna is makruh (disliked), but makruh in a prohibitive way, whatever the evidence. Imam Shafii said: Avoiding disobedience to Allah and leaving what does not concern you will enlighten the heart. He has other books as well that clarify various rulings which reflect Iraqi fiqh and frequently illustrate the difference between Iraqi fiqh and Madinan fiqh.

When he saw that they accepted his arguments, he told them, ‘This is the position of Abu Hanifa.’ They said, ‘Does Abu Hanifa find this good?’ ‘Yes,’ he replied. For the latter are not subject to controversy, since they have been clearly defined in the Qur'an and in the teachings of Prophet Muhammad, sallallahu 'alayhi wa sallam. Fervour for knowledge moved him to listen to scholars until Abu Hanifa noticed him and helped him financially.

Abu Yusuf’s book illustrates the use of evidence and different aspects of analogy. Abu Dawud al-Sijistani (202 – 275 H), the author of the Sunan Abu ‘Umar ibn ‘Abd al-Barr (368 – 463 H) narrates in his al-Intiqa fi Fada’il al-A’immati l-Thalathat al-Fuqaha (Abd al-Fattah Abu Ghuddah ed. When our hero knew that, he decided to give out in charity all the money earned that day, and he broke the partnership with his friend who sold the defective garment even though inadvertently. ( Log Out /  He had been with Ibn Abi Layla before joining Abu Hanifa to whom he then devoted himself. It is only on this basis that analogy can be correct. It originated before him from the circles of the fuqaha’ of opinion. Furthermore, we also find that Abu Hanifa transmits many traditions from other sources than Ibrahim.

There is no doubt that this does not take us far towards understanding the use of analogy which was so strong in Abu Hanifa’s time that his opponents accused him of going too deeply into it and claimed that his analogies left the Sunna and exceeded the scope of the Muslim mujtahid.

They state that Abu Hanifa and his companions used to accept tacit consensus and thought that opposition to such consensus was only valid if scholars had two different opinions on a matter.

Thus Abu Hanifa’s method in understanding texts led to using a lot of analogy since it is not enough to recognise simply what the rulings indicate.

There is no definitive text by Abu Hanifa making that clear but there are secondary sources which point to a conclusion.

There was conflict between the fuqaha’ regarding the amount on which Abu Hanifa relied on the Sunna in his legal reasoning, so that some of them went so far as to claim that he advanced analogy before the Sunna. In the case of al-Jami‘ al-Kabir, scholars agree that it did not come from Abu Yusuf, although he knew what it contained and many of the conclusions must have been transmitted from him. By this he means the recording done by his students which may have been suggested by him. These two transmissions from his contemporaries clarify that among his principles was that he followed what the fuqaha’ of his land agreed on.

Another significant book was The Disagreement of Abu Hanifa and Ibn Abi Layla: It contains the questions on which there was disagreement between the two. This book has several important. How can there be a share for a horse tethered at camp which is not used in the fighting?”.

The books of ash-Shaybani form the primary source for Abu Hanifa’s fiqh, whether it be what he transmits

Al-Awza‘i said that he receives the share for two horses and no further share and that this is what the people of knowledge say and the statement according to which scholars act. He stayed with Malik for three years.

Abu Hanifah an-Nu'man was born in Kufa, Iraq, in the year 80H.

ÉΟŠÏm§ 9$# Ç⎯≈uΗ÷q§ 9$# «!$# ÉΟó¡Î0 Abu Hanifa (r.a.), Yahyodan, u Muhammad ibn Ibrohim at-Taymiydan u Alqama ibn The behaviour of the people is the normative custom among them. When it occurs, we will know what to do it and how to get out of it.” (pt.

Writing books only became widespread after the death of Abu Hanifa or at the end of his life when he was old.

If he speaks by his own opinion he will err.” Qatada exclaimed, “Bother you! He would then use istihsan and take whichever of them was more correct. Did his fiqh cover an area not previously dealt with or did he simply follow a course plotted by others before him so that he did not bring anything new? Then there is an explanation of the hadith for the understanding of general readers.

Abu Hanifa used to differ from the Companions on matters in which there was scope for opinion.

A very interesting case is reported in the encounter between our hero and his drunkard neighbour, who would get drunk and keep singing aloud all night long causing so much annoyance to Abu Hanifah. The definition on which most scholars who accept consensus as a principle of Muslim fiqh agree is that it denotes the agreement of the mujtahids of the Muslim Community on any matter at the time of ruling. He did not relate fiqh directly from Abu Hanifa but by way of Abu Yusuf and others.

This is when the Sunna clarifies something implicit in an ayat when the text is general.

To apply oneself to the study of his fiqh, however, is not an easy task because Abu Hanifa did not write a book on it, and the only surviving books ascribed to him are about dogma. Abu Hanifa’s ijtihad and his method in understanding the hadiths, coupled with the environment in which he lived, made him use a lot of analogy and ramify secondary rulings accordingly, because in his ijtihad, Abu So is this musnad part of what he did and did he arrange it himself or was it transmitted by his companions who received it in the way his fiqh was received? After them the views of other fuqaha’ were added to what had been transmitted from him and his companions. Al-Hajawi claims that Abu Hanifa is the one who originated hypothetical fiqh. I act first by the Book of Allah, then by the Sunna of the Messenger of Allah, and then by the decisions of Abu Bakr, ‘Umar, ‘Uthman and ‘Ali, and then by the decisions of the other Companions, and then, if they differ, I use analogy.” These are clear statements from Imam Abu Hanifa in which he strenuously refutes those allegations about preferring analogy over the hadith.