In this sense, istihsan is not an invalid method of ijtihad and it is not peculiar to Abu Hanifa only. Imam Shafii used the word istihsan in the first sense. Imam Malik says, "Istihsan is nine-tenths of ilm. Mas'ud: "The Messenger of Allah raised his hands while starting prayer; he did not raise after that.
Abi Sulayman is better in fiqh than Zuhri and Ibrahim than Salim. It is a different virtue that Ibn Umar is a Companion but Alqama is not behind him in fiqh. Al-Aswad has many virtues. As for Abdullah, he is Abdullah!
Upon this answer, Awzai preferred to keep silent. Karaman, ibid, In this istinbat, Abu Hanifa based his decree on hadith but he preferred one hadith to the other because he knew the narrators better since they were his teachers. For, a person is hired with an unknown price in this contract.
According to Abu Hanifa, this is not a partnership contract but a renting contract; and it is not valid since it is not in compliance with a renting contract. The same contract is regarded as permissible by Ibn Abi Layla by being likened to "mudaraa" contract.
For, the owner of the land rents his land in return for an unknown amount. According to the narration of Abu Yusuf, Abu Hanifa said, "If nothing is harvested from the field or grove, will the man not have worked for nothing?
Abu Yusuf, ibid, 4- According to Abu Hanifa, it is permissible for the non-Muslims like Jews and Christians to be witnesses or inheritors to one another because "all unbelievers are like one nation. Abu Yusuf, ibid, 73 The pioneering of Abu hanifa in the tadwin collecting views and fatwas in books of fiqh It is an important turning point in Islamic sciences for fiqh topics to be determined regularly and to be written by being separated into books, chapters and parts.
These regular texts, which were formed by the compilation of Imam Muhammad ash-Shaybani, decreed on five hundred thousand issues including decrees of revelations and the worldly-religious life with fine details. They have been indispensable resources of Islamic culture and law as written universal fiqh laws; their explanations have been made for hundreds of years.
Even the accusation by Abu Hanifa's contemporaries of his extreme support of ra'y views did not prevent his views from being accepted under the name of different concepts by them. Another property of Abu Hanifa is that he drew half of the reports of the scholars before him, all issues from scratch from the resources of adillah proofs ash-Shar'iyyah. He rejected khabar al-wahid that did not comply with the principles of Islam.
He preferred the view of the Companions more than many musnads. Instead of taking the view of Tabiun, he used his own view because he was of Tabiun. Abu Hanifa went to Hejaz from Iraq until the caliphate was undertaken by Abbasids in He talked to the notable imams like Imam Malik b.
Anas and Sufyan b. Uyayna; he contacted the scholars of various centers that came to hajj; he returned to Kufa in , when Abu Jafar al-Mansur of Abbasids came to power. However, he did not approve of Jafar either; he issued fatwas in favor of Ahl al-Bayt.
Zamakhshari, al-Kashshaf, 11, When he died in H, he asked his relatives not to bury him anywhere that the caliph seized. According to some narrations, Abu Hanifa was killed by being poisoned when he was tortured. According to the report of Dawud b. Finally, he was martyred with the poison added into his food. Ibn al-Bazzazi states that Abu Hanifa went out of prison and returned home but he was prevented from seeing and talking to people and that he was held under custody in his house.
Great imams like Malik, Awzai, Abdullah b. Ata that belonged to various schools were among the contemporaries of Abu Hanifa. The following incident between Abu Hanifa and Imam Muhammad Baqir is narrated: Muhammed Baqir asked Abu Hanifa, "Are you the person who changed my grandfather's way and hadiths by analogy?
I respect you as your grandfather, Muhammad pbuh , was respected by his Companions when he was alive. Will you tell me if a man or a woman is weaker, the share of a woman in inheritance compared to man, if prayer or fasting is better, if urine or sperm is more impure?
Abu Hanifa said to him, "If I had made analogy, I would have given a woman two shares in inheritance because she is weaker, I would have ordered ghusl for urine and wudu for sperm. I seek refuge with Allah from changing the religion of your grandfather by analogy. Abu Hanifa imposed arbitrary fiqh decrees by supposing that problems occurred, used tradition and istihsan a lot and deduced decrees for the first time in his ijtihads in commercial contracts.
One of his most important characteristics is defending personal rights and freedoms. He made a great reform in fiqh by defending the view that nobody could interfere in personal actions. Similarly, he refuses the interdiction of insane and debauched people and debtors. In most of his views and in the issue of freedom, he opposes the majority of fiqh scholars and even Abu Yusuf. According to him, guardianship limits and harms freedom. A young girl should have free guardianship just like a young boy has.
It is necessary except in public interest. Abu Hanifa connected ownership with freedom, defended a person's right of using, buying, selling, renting his property and opposed the court interfering in this freedom and limiting it.
If a person's using his own property harms others, he refers to a conscious religious conscience. For, the intervention of the court in issues like that causes more enmity and conflict, weakening religious feelings and even oppression and mischief.
If man's religious feeling weakens, nothing can compensate it; his heart hardens, he moves away from religion; hatred and enmity become widespread; transgression and conflict increase; good deeds disappear and bad deeds appear.
Thus, while defending personal freedom against the oppression of the administrators, he put forward the civilian development style of the religion for the first time in a systematized fiqh.
Another important view of Abu Hanifa is that he regards it permissible for a Muslim who enters Dar al-Harb by permission to receive interest. For, Islamic decrees are not applied there; so it is permissible for a Muslim to take the goods of Muslims with their permission.
Awzai opposed him in this issue and said interest is haram everywhere and all the time; he also drew the conclusion that the property and lives of unbelievers are haram for Muslims. When there is a necessity, special and exceptional states are in question. Therefore, he introduced ease in many issues. His conditions for Dar al-Islam to be transformed into Dar al-Harb are different from those of the majority of the scholars.
Along with enemy invasion, he lays it as a condition for the laws of unbelief to be applied, the place to be adjacent to another Dar al-Harb, and not to have any Muslim or dhimmi living in safety there. The majority of fiqh scholars, Abu Yusuf and Imam Muhammad regards it enough for the laws of unbelief to be applied there. Regarding waqf foundation , Abu Hanifa holds the view that the owner is not restricted with any conditions in his land, that in the foundation that the owner himself does, it is not an absolute foundation for him or for his inheritors and that it is like a loan.
That is, a foundation is as permissible as a loan. Its raqaba material entity is the property of the foundation and its income is spent for the foundation. If a person changes his mind and retracts the foundation when he is healthy, it is makruh but permissible. Disclaimer All information on IslamicFinder. His pursuit for Knowledge: Abu Hanifa first dedicated himself to the study of theology kalam. Abdullah bin Masud Kufa 3. Ibrahim Al-Nakhai 4. Amir bin Al-Shabi 5. Imam Hammad ibn Sulaiman 6.
Imam Ata Ibn Rabah 8. Qatada Ibn Al-Numan Rabiah bin Abu Abdurrahman And many more scholars. Imam Abu Yusuf 2.
Imam Muhammad bin Hasan as Shaybani 3. Imam Zufar 4. Imam Malik bin Mighwal 5. Imam Dawood Taaee 6. Imam Mandil bin Ali 7. Imam Nadhar bin Abdul Kareem 8. Imam Amr bin Maymoon 9. Imam Hiban bin Ali Imam Abu Ismah Imam Zuhayr bin Muaawiyah.
Imam Hasan bin Ziyaad And many more scholars 7. Al-Fiqh al-Akbar 2. Kitab al-Raddala al-Qadariyyah 3. During his time the number of fabricated Hadith was much less. Moreover, by the time it reached later scholars, a single Hadith was narrated from multiple sources and every Hadith was treated as a separate one. However, the Imam Abu Hanifa compiled those Hadiths in his book which had only one version.
His character was a complete mixture of all the good virtues including, but not limited to, forbearance, patience, and endurance. He never reacted towards his critics with anger. He never spoke unnecessarily nor was afraid to speak the truth if it was required. His piety and sincerity were unmatchable and truly he was a perfect combination of knowledge and piety. Such refusal infuriated the Governor, and Imam Abu Hanifa was imprisoned and lashed till he was about to die but he continued to hold his position.
Ultimately he was released and he migrated to Makkah where he remained until the Abbasid Caliph Al Mansoor came into power. Caliph Mansoor also made an offer to Imam Abu Hanifa to take the post of Chief Judge, but it was turned down and again the Imam was arrested and lashed.
The entire Ummah loomed with grief and sadness with the demise of this giant scholar of Islam. A total of six congregational funeral prayers were prayed over him and the first one was attended by more than 50, people. The legacy that Imam Abu Hanifa left behind is non-fading. To date, millions of Muslims continue to benefit from his teachings and are consistently making dua for this amazing slave of Allah. He was never closefisted in spreading his knowledge and sharing his wealth.
A business partner, Hafs, was very intelligent. He worked with Imam Abu Hanifa rh for around 30 years. Once, he said:. He possessed all the qualities and attributes that people possessed separately. Imam Abu Hanifa rh and governance. Imam Abu Hanifa rh witnessed both the Umayyad and Abbasid dynasties.
Around 52 years of his life were spent under the Umayyad rule, while 18 years were spent under the Abbasids. He saw the period of Umayyad influence and eventually its dissolution too. He disliked the method of governance used by both dynasties. Despite this desire, he never resorted to rebellion and never attempted to topple the government. He was of the view that one should help a government in their good works.
He was always a well-wisher for others and tried to advise them for their betterment. He would say that rebellion was a form of disorder and that the blood shed in this act was even worse than the individual cases of wrongdoings of those in authority. Therefore, he would always discourage rebellion as a means of seeing improvement. The Umayyads tried to gain his support and did their utmost in getting him to work in their favour, however he never accepted any official position.
In the time of the Abbasids, he was pressured into accepting the title of a jurist under their government, however he never accepted the request. The government would ask for the cooperation of scholars at the time as the masses, following the example of scholars, would become obedient. Yet it was not the policy of the government for such scholars to play any role in governance as this would be akin to sympathising with the wrongdoings of the government, and religious scholars would abstain from giving such an impression and were never prepared to take up a role in governance.
You are completely fit for this role. If I am lying, as Amirul Momineen suggests, then a liar is not fit to be a qazi [judge]. This shows that you are opposed to this government! I cannot bear the responsibility of the judiciary. The gifts sent from Amirul Momineen are not sent from his personal money, but from the treasury, for which I am not worthy as I am neither a soldier, nor do I belong to the offspring of a soldier, nor am I needy.
Only these people deserve money from the treasury. When I am not worthy of this money, then how can I accept these gifts? You are far more qualified to ascertain who is needy and who is rich. Thus, your distribution would be much better suited. He tolerated many difficult circumstances, suffered the cruelty of caliphs and leaders, endured lashings, spent many long periods imprisoned, departed Kufa and settled in Mecca, yet he never accepted any official governmental post, nor did he accept any gifts.
At one instance, he explained the reason behind not accepting any post himself. The governor of Kufa under the Umayyad rule, Ibn Hubayra once asked him to accept a position in the judiciary so that he may be an authority of the government. If he declined, he said that no ruling made by him would be deemed credible.
To this, Imam Abu Hanifa rh replied:. The reality is that Imam Abu Hanifa rh wanted to dedicate his time for the study and spread of knowledge and practice. Other imams of fiqh were also of the thought that instead of accepting any official governmental position, they should try to teach knowledge and practice to those who had accepted government posts so that they may serve the public in a much better way. It was for this reason that those who studied from such imams of fiqh later accepted high official positions and through their knowledge and justice, served their countrymen and through their guidance, attained eternal fame.
Hazrat Imam Abu Hanifa rh once gathered his students, among whom were well renowned students who numbered Now you can walk steadily and firmly on the principles of integrity. In this manner, Allah the Almighty blessed his efforts and fulfilled his desires.
His students attained high ranks and proved to be worthy of those ranks — history bears testimony to their achievements. If full clarity was not provided by the Quran, he would then focus his attention on the established Sunnah [practice of the Holy Prophet sa ].
If there was no clear explanation in the Sunnah, then he would pursue the practice of the majority of the Companions ra.
If the matter in question could not be solved from their collective example, then he would select such sayings of the Companions ra that would be the closest in meaning and interpretation to the Holy Quran and established Sunnah. Thereafter, he would pursue other sources of knowledge, for example qiyas , istihsan [make a ruling different from that on which similar cases have been decided on the basis of precedent] and urf [custom] etc.
Whilst studying and compiling fiqh , he bore in mind the aforementioned principles and encouraged his students to do the same. He would always say that he had proven matters from the aforementioned sources and that if anyone could prove and interpret it in a more suitable manner, then he would accept their deduction and would not be adamant to have his ruling accepted.
If ever he rejected a tradition or it was ignored, it was either because the tradition was not authentic enough in his view or he knew of a stronger one or that such a tradition did not come to his knowledge.
Traditions were collated much later on and gradually, they suffered changes, as has been discussed previously in the chapter concerning Sunnah and Hadith [in the book Tarikh Afkar-e-Islami ]. During his time, due to various reasons, the tendency to fabricate ahadith had increased and for this reason, he felt compelled to take extra care when extracting traditions.
Whilst working on his fiqh , Imam Abu Hanifa rh acquired another novel approach, which was that he thought up all possible social questions of the time and answered them in light of the Holy Quran, ahadith and the principles of deduction, thereby compiling them as questions and answers to assist other scholars. In this manner, through his guidance and with the efforts of his students, a treasure trove of fiqh concerning possible questions and scenarios was compiled.
This manner of compilation was not liked by other scholars and imams; his approach was challenged and sternly criticised. Their view was that when an incident is learnt of and one is practically faced with it, only then should it be solved and answered.
However, Imam Abu Hanifa rh would say to this that this was all done with the purest intentions, for the promulgation of knowledge and to polish the human intellect. After him, almost all of his students utilised this method for their extraordinary works in fiqh. Hazrat Imam Abu Hanifa rh never wrote any book himself. There is a letter that he wrote to a famous scholar of the time, Uthman al-Laythi explaining the issue of irja [postponement of an edict].
Two of his students preserved his fiqh -related views. Imam Abu Yusuf was the qazi al-quzat [chief jurist] in the time of Harun al-Rashid, which was a respectable post under the Abbasid rule. He was the first to be given this post and was famous by the appellation of qazi al-quzat. During the Abbasid reign, he appointed qazis [jurists] mostly belonging to the Hanafi mazhab [order], due to which the entire government was highly influenced by the Hanafi beliefs.
Imam Ibn Hazm al-Andalusi would often say that two mazhabs of fiqh had influenced the policies of governments: the Hanafites had gained ascendency during the Abbasid reign and the Maliki order was popular under the Caliphate of Cordoba.
Hazrat Imam Abu Yusuf was a prolific writer. His work, Kitab-ul-Khiraj gained much acclaim. Imam Abu Yusuf passed away in AH. He left behind a lot of wealth.
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