Introduction to Hanbali Madhhab

8/4/2019 Introduction to Hanbali Madhhab

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Abu Bakr B. Nasir


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Introduction to Hanbali Madhhab

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This is an introduction to the Hanbali madhhab. For this, I am making use of

the introduction to the madhhab by Sh. Muhammad al-Habdan in his

introduction to his Tahqiq ofZad al-Mustaqni'(pp. 15-34, Dar al-Jawzi print).

He has made an extremely brief presentation summarized from al-Madkhal al-

Mufassal Ila Fiqh al-Imam Ahmad b. Hanbal Wa Takhrijat al-Ashab by Sh. Bakr

Abu Zayd, may Allah have mercy on him. I am also making recourse to the

work of Sh. Bakr and also the Madkhal of ibn Badran (which Sh. Bakr himselfreferred to extensively), amongst other works.

History of the Beginning of Madhhabs

The beginning of madhhabs can be traced back to before the era of the famous

Imams. For example, we find the people of Madina relying on the fatawa of ibn

Umar, the people of Makkah on the fatawa of ibn Abbas, and the people of

Kufa on the fatawa of ibn Mas'ud.

The Types of Fiqh Addressed in Every Madhhab

(1) The ahkam of Tawhid. It would be incorrect to say about such ahkam that it

is according to such-and-such madhhab, because these are definitive rulingsagreed upon by the Ummah.

(2) Definitive juristic rulings. Such rulings can also not be referrred to as the

madhhab of a particular Imam. Therefore, one would not say, "The madhhab

of so-and-so is that the five prayers are obligatory"!

(3) Rulings based on ijtihad, coming from the Imam himself by way of

narrations or indications (tanbihat).


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(4) Rulings based on ijtihad, derived by the scholars of the madhhab by

extracting them based on the established rulings of the madhhab on other

issues. This is known as takhrij. Such rulings fall under what can be known as

the madhhab istilahi. These rulings were not made by the Imam but can

appropriately be considered to be part of the official 'madhhab'.

(5) Rulings based on ijtihad dervied the scholars of the madhhab by practicing

ijtihad in deriving the rulings without attempting to make takhrij on the

madhhab.

*******

Al-Shatibi states, "The Shari'a has not specified rulings for every individual

issue in particular. It provides general rulings and broad expressions that

address innumerable scenarios."

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Ikhtilaf

Ibn Taymiyya states in al-Fatawa 14/159, "Disputing ahkam could be a mercy if

it does not lead to a tremendous evil such as the ruling being concealed. For

his reason, when a man authored a book which he entitled, Kitab al-Ikhtilaf,

Ahmad said, 'Call it Kitab al-Sa'ah (i.e. ease, accommodation)'. 'Umar b. 'Abd

al-'Aziz used to say, 'I would not like it had the Companions of Allah's

Messenger ( ) never disagreed, because if they agreed on

something and someone differed with them, he would be astray. However, if

they differed, and one person adopted the opinion of one, and another

adopted the opinion of the other, there would be ease (sa'ah) in the matter."

*******

Causes of Error in Counting Opinions as the Imam's Madhhab


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(1) Relying on an opinion he retracted

(2) Not paying attention to the manner in which he qualifies a statement or

makes it absolute.

(3) Additions from some of the scholars of the madhhab

(4) Relying on books that have been criticized in the madhhab

(5) Misunderstanding. Ibn Rajab (al-Qawa'id, 169) states about Abu Bakr 'Abd

al-'Aziz, known as Ghulam al-Khallal, "Abu Bakr frequently would narrate the

words of Ahmad by the meaning he understood as a result of which great

distortion would result. He fell into this sort of thing greatly in the bookZad al-

Musafir."

(6) Combining two narrations when they should be distinguished as separatenarrations, or the reverse.

(7) Distortion or misreading (Tashif) in the text of a narration.

(8) Using unreliable manuscripts.

(9) The Imam might express an opinion, and then one of the scholars of the

madhhab might further qualify it, and then the one transmitting this

information might attribute all back to the Imam.

One example of an error is the issue of fasting the thirtieth of Sha'ban due to

clouds. It is attributed to him that fasting this day is obligatory, but this has no

basis in his words, nor in those of his companions. His expressed view was that

it is recommended as concluded by ibn Taymiyyah (al-Fatawa, 25/99).

In summary, it is important to know the methods by which the true position of

the madhhab - and in particular, the Imam - can be known, and to exercise

great care in applying them. Sh. Bakr has devoted a work to this topic which helater incorporated into his book, al-Madkhal Li Fiqh al-Nawazil: al-Qadaya al-

Mu'asira because many contemporaries, when making ijtihad concerning

nawazil, will make takhrij from an opinion that was attributed to an Imam

erroneously.


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Stages of the Madhhabs Development

(1) Laying the foundations

It goes without saying, that Imam Ahmad was one of the greatest Imams of

Hadith in the history of I slam, and his Musnadis the most comprehensive

compendium of Hadith written by any major hadith scholar. As a result he was

sought out by students far and wide. The students in his lessons with pen and

ink writing down would be no less than five hundred, and the total number of

attendees would be much more. His lessons would also be filled with people

seeking fatwa and asking questions, as a result of which, his lessons were not

merely lessons of Hadith but lessons of Fiqh as well.

It goes without saying that the Madhhab got its start with Imam Ahmads

lessons and with his students writing down his answers to questions. The

books gathering his answers to questions number about 200. This is on top of

the 30 different works that the Imam himself wrote, some short and some

long.

Many of his students would go on to teach Fiqh themselves, to become Qadis,

and to be sought out by students from around the Muslim world, which lead to

their writings spreading far and wide.

(2) The Stage of Transmission and Development

In this stage, the scholars of the Madhhab began compiling the masailof

Ahmad, arranging them, and formulating the madhhab. One of the mostnotable works that paved the way for this process is al-Jami Li Ulum Ahmadby

Abu Bakr al-Khallal (311 H). Unfortunately, this work has not survived down to

our times, at least not in its entirety.

The scholars of the Hanbali madhhab are usually divided by the scholars into

three eras: mutaqaddimin, mutawassitin, and mutaakhirin.

The scholars of these first two stages would encompass the era of the


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mutaqaddimin, the last of whom is al-Hasan b. Hamid (403 H).

(3) The Stage of Formulation and Redaction

With the end of the last two stages, the books ofriwayah were recorded and

standardized in works such as al-Jamiof al-Khallal andJami al-Madhhab by al-

Hasan b. Hamid. This was accompanied by the writing of manuals, the first of

which being the Mukhtasar al-Khiraqi.

The work of redaction of the Madhhab was undertaken by the major scholars

from the Mutawassitin, starting with Abu Yala, the student of al-Hasan b.

Hamid, and ending with al-Burhan ibn Muflih (884 H). I t also encompassesscholars from the Mutaakhirin, starting with the muhaqqiq of the madhhab,

Ala al-Din al-Mardawi (885 H).

(4) The Settling of the Madhhab

This stage starts from during the period of the mutaakhirin until the modern

age. We could also look at this stage as the stage of relying on the books of the

Madhhab. It is rare for the scholars of this stage to engage in takhrijor

verification of the madhhab.

This stage eventually leads into the final stage:

(5) Revival of the Legacy

This stage begins in the modern age with the advent of modern mass printing,and continuous efforts in formal academia and by independent researchers

to publish and edit the classical works. Over 250 classical works of the Hanbali

Madhhab have been published in this period as detailed by Sh. Bakr in the f inal

section of his Madkhal.

Ahmads Five Basic Juristic Principles


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As Abuz-Zubair stated:

Despite being an exceptional jurist, Imam Ahmad detested that his opinions be

written and compiled, fearing that it may swerve his students away from

studying the sources of Law, the Quran and the Sunnah. Yet, as Ibn al-Jawzi

comments, Allah knew the sincerity in his heart and raised around him faithful

students who would record his opinions, such that an independent school of

jurisprudence and theologywas formed and attributed to Imam Ahmad.

Imam Ahmad employed exceptional caution while formulating juristic opinions

and issuing verdicts, and would frequently warn his students of speaking in a

matter in which you have no reputable predecessor. This prudent attitude is

clearly demonstrated in the thought process applied by Ahmad in

extrapolation of laws from the divine sources.

Ibn al-Qayyim has given an excellent and brief yet comprehensive explanation

of the fundamental juristic principles (Usul) of Ahmad in Ilam al-Muwaqqiin

(1/28-33), so I will leave it to him to explain those principles:

And in the City of Peace (Baghdad)[1], there was a great number ofmuftis.

When [the Khalifah] al-Mansr built it, he had a great number of Imms,

jurists, and traditionists brought there. One of the most notable muftis was

Ab Ubayd al-Qasim b. Sallam; he was a mountain into which a soul had been

blown in respect to knowledge, greatness, nobility, and character. Another of

them was Abu Thawr Ibrahim b. Khalid al-Kalbi, the disciple of al-Shafii. He had

sat with al-ShafiI and taken from him. Ahmad used to revere him and he

would say, He is like al-Thawri.

Also present there was the absolute Imam ofAhl al-Sunnah, Ahmad b. Hanbal,

who filled the earth with knowledge, Hadith, and Sunnah, to the extent that

the Imams ofHadith and Sunnah after him are his followers until the Day of
https://mail.google.com/mail/?ui=2&view=bsp&ver=1qygpcgurkovy#_ftn1https://mail.google.com/mail/?ui=2&view=bsp&ver=1qygpcgurkovy#_ftn1https://mail.google.com/mail/?ui=2&view=bsp&ver=1qygpcgurkovy#_ftn1


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Resurrection. Furthermore, he may Allah be pleased with him - had an

extreme dislike for the authorship of books, and he liked that Hadith should be

written alone (without comments). He disliked that his words should be

written down, and it would weigh heavily upon him. However, Allh knew his

noble intention and so it came to pass that more than thirty volumes of his

statements and hisfatawa were written down. Allah, subhanahu, has blessed

us to have acquired most of them such that we missed only a little. Al-Khallal

collected his statements in al-Jami al-Kabirand they reached about twenty

volumes or more, and his verdicts (fatawa) and his legal answers (masail)were

narrated and transmitted century after century. Thus, he became an Imam and

a role model forAhl al-Sunnah across their varying classes, to the extent that

even those mujtahids who differ with his madhhab and the muqallids whofollow someone else hold his statements and hisfatawa in great esteem and

acknowledge their status and their closeness to the Divine Texts and the

fatawa of the Companions. Anyone who considers hisfatawa and thefatawa

of the Companions will realize how they accord with one another. He will see

that all have issued from the same source, to the extent that if there were two

opinions amongst the Companions on an issue, there will be two narrations

from him concerning that issue. He would seek out thefatawa of the

Companions in the same fashion that his followers seek out hisfatawa and

statements, or even more so. So much so that he even puts theirfatawa

before mursal hadiths. Ishaq b. Ibrahim b. Hani states in his Masail, I asked

Ab Abd Allh (Ahmad b. Hanbal), Which do you prefer: a mursaltradition

from Allahs Messenger ( ) with reliable narrators, or a muttasil

tradition from the Companions and Tabiin with reliable narrators? Abu Abd

Allah responded, From the Companions is preferable to me.

Hisfatawa were based on five fundamentals:

Firstly, the Divine texts (nusus); if he found a text, he would givefatwa

according to it, and he would pay no heed to anything that opposed it nor

anyone, no matter who he may be. This is why he ignored the dissent of Umar

concerning

-the woman who has received the final divorce, because of the hadith of

Fatimah b. Qays;


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-and concerning tayammum due to sexual defilement, because of the hadith of

Ammar b. Yasir;

-and also his disagreement concerning the pilgrim keeping on the perfume he

applied before entering ihram,because of the authenticity of Aishahs hadithon that issue;

-his not allowing the mufridand the qarin to void their rite and make it

tamattu, because the hadiths for that are authentic.

Likewise, he did not give any consideration to the opinion of Ali, Uthman,

Talha, Abu Ayyub, and Ubayy b. Kab that there is no ghuslfor intercourse

without ejaculation, because of the authentic hadithof Aishah that she and

Allahs Messenger ( ) would bathe due to that. He also did not

give consideration to the opinion of ibn Abbas and it is a narration from Ali

that the waiting period of the pregnant woman whose husband has died is

the longer of the two periods because of the authentic hadithof Subayah al-

Aslamiyyah. He did not give any consideration to the opinion of Muadh and

Muawiyah that the Muslim may inherit from the disbeliever because of the

authentic hadith disallowing inheritance between them. He also did not

consider the opinion of ibn Abbas about money changing, because the hadithagainst it is authentic, nor his opinion allowing donkey meat for the same

reason. There are many such examples, for he would not place before the

authentic hadith any practice, opinion, analogy, statement of a Companion, or

not knowing of any difference of opinion which many people call Ijmaand

they put it ahead of authentic hadiths. In fact, Ahmad declared the one who

claims this sort ofIjmato have lied, and he did not tolerate placing it before

authentic hadiths. Likewise, al-Shafii states in his revised Rislah that the issue

in which disagreement is unknown cannot be termed ijma. His words are Not

knowing of differing does not constitute Ijma. Abdullah b. Ahmad b. Hanbal

relates: I heard my father say, When a man claims ijmaconcerning

something, it is a lie. Whoever claims ijmais a liar. The people might have

disagreed. How does he know that it did not reach him? Therefore, let him say,

We do not know that the people have differed - this is the claim of Bishr al-

Marisi and al-Asammrather, he should say, we do not know that the people

differed or it has not reached me. These are his words.


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The texts of Allahs Messenger ( ) are too venerable for the Imam

and for the rest of the Imams of Hadith that they should prefer over them a

supposition ofijmawhich in reality is nothing more than not knowing that

someone differed. If this was acceptable, then the texts would be nullified, and

it would be acceptable for anyone who does not know of a differing opinion

concerning the ruling of an issue to put his ignorance concerning the differing

opinion over the texts. This is the claim ofijmathat Ahmad and al-Shafii

rejected. It is not as some people think that they were doubting the existence

ofijma.

Section

The second of Ahmads principles forfatwa is the fatawa of the Companions.When he would find a verdict from one of them, and none of them was known

to have opposed it, he would not take anything over it. He would not say that

constitutes ijma, but out of his caution in choosing his words, he would say, I

do not know of anything that goes against it or something along those lines.

For example, Abu Talib reports that he said, I do not know of anything that

goes against the opinion of ibn Abbas, ibn Umar, and eleven of the Tabiin:

Ata, Mujahid, and the scholars of Madinah concerning the slave taking a

concubine. Similarly, Anas b. Malik said, I do not know of anyone who has

rejected the testimony of the slave. This was quoted from him by Imam

Ahmad. Thus, when the Imam would find this sort of verdict from the

Companions, he would not give preference to any practice, opinion, or analogy

over it.

Section.

Imam Ahmad, would likewise, never give precedence to a scholarly opinion oranalogical deduction (Qiyas) over that of the Companions, to the extent that if

they were divided into two camps over an issue, two different narrations

would similarly be documented from Imam Ahmad.

Section

The third of his principles is that if the Companions differed, he would choose

from their opinions that which was nearest to the Book and Sunnah without

departing from their opinions. However, if he did not find one of them to be


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more in agreement, he would cite the disagreement concerning the issue

without giving a certain endorsement to any one view.

Ishaq b. Ibrahim b. Hani relates in his Masail, Abu Abd Allah was asked, A

man will be asked by his people about an issue in which there is disagreement,(what should he do)? He said, He should decree according to the view that

agrees with the Book and the Sunnah, and the one that does not agree with

the Book and the Sunnah, he should refrain from it. He was asked, Is this

obligatory on him. He replied, No.

Section

The fourth principle is acting on the mursalor weak (daif) hadith when there

is nothing on the topic contradicting it. He would give this preference over

analogical reasoning (qiyas). By daif, he does not mean that which is

categorically false (batil), rejected (munkar), nor that which is reported by a

narrator accused of lying. In that case, it would be unacceptable to adopt it and

act on it. For Ahmad, daifwas the category besides sahih and a type ofhasan.

He did not categorize hadith as Sahih, Hasan, and Daif. For him, there was

only Sahih and Daif. However, he regarded Daifas being of levels. Therefore,

if he did not find an atharor statement of a Companion on the topic, nor wasthere any consensus against it, acting on the weak hadith would be preferable

to him over acting on analogical reasoning.

In fact, there is no Imam who does not agree with him on this principle in

general, because every single one of them at some point has placed weak

hadith before analogy at some point.

Abu Hanifah preferred the hadith about laughing out loud in prayer over strict

analogical reasoning, although the scholars ofhadith are agreed about its

weakness. He also put the hadith of ablution with nabidhof dates over analogy,

while most hadith scholars consider it weak. He put the hadiththe limit of

menstruation is ten days which is weak by their agreement over analogy as

well; the blood that a woman has on the thirteenth day will be the same as the

blood she has on the tenth day in respect to definition, nature, and

characteristics. He placed the hadiththere is no dowry of less than ten

dirhamsbefore analogy even though they are in agreement that it is weak, infact batil, for strict analogy dictates that as the dowry is a compensation in


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exchange for conjugal rights, whatever amount they agree to should be

permissible, be it great or small.

Al-Shafii put the hadith about hunting in Wajj before analogy in spite of its

weakness. He gave preference to the hadith permitting prayer in Makkah atthe prohibited time even though it is weak and even though analogy dictates it

be regarded like all other cities. Also, in one of his two opinions, he preferred

the hadithWhoever vomits or has nosebleed should perform ablution and

continue his prayer from where he left it over analogy even though the

hadith is weak and mursal.

As for Malik, he prefers mursal, munqati, balaghat, and the statement of the

Companion over analogy

The fith principle: if Imam Ahmad was presented with an issue in which there

is no text, nor a statement from the Companions or one of them, nor a mursal

or weak report, he would resort to the fifth principle, analogical reasoning

(qiyas), which he would use due to necessity. He states as reported in al-

Khallals book, I asked al-Shafii about analogy, and he replied, I t is only to be

resorted to due to necessity or something of that meaning.

These five principles are the principles on which he based his verdicts and

around which his verdicts revolve. Sometimes, he would refrain from issuing a

verdict, because of the existence of conflicting evidences, or because the

Companions differed on that issue, or because he was unaware of there being

any report or any opinion from a Companion or a Tabii concerning the issue.

He very much disliked and discouraged issuing verdicts on matters in which

there was no report from the Salaf, as he told one of his students, Beware of

speaking on an issue in which you have no precedent.

He would allow seekingfatwa from the FuqahaofHadith and the followers of

Malik, and he would direct people to them, but he would disallow seeking

fatwa from anyone who ignores hadith and does not base his madhhab on it,

and he would not allowing acting on such a personsfatwa.

Ibn Hani said, I asked Abu Abd Allah about the meaning of the hadithThose

of you boldest in giving verdicts are the boldest in entering the Fire,Abu AbdAllah, may Allah have mercy on him, said, It is to give a verdict not based on


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(reports) he has heard. He also relates, I asked him about the one who gives

a verdict on an issue unclear to him. He said, The sin is on the one who issues

the verdict. I said, Then in what manner can he give a verdict if he does not

know about it? He said, He should give verdict based on research, as he does

not know what its evidence is.[2]

Abu Dawud states in his Masail, I cannot count how many times I heard

Ahmad being asked about issues of knowledge in which there was

disagreement to which he replied, I do not know. And I heard him say, I have

not seen anyone who excelled in giving verdicts like ibn Uyaynah: it was the

easiest thing for him to just say, I do not know.

Abdullh b. Ahmad relates in his Masail, I heard my father say: Abd al-Rahman b. Mahdi said: A man from the West asked Malik b. Anas about an

issue, to which he replied, I do not know. He said, O Abu Abd Allah (Malik),

you are saying that you do not know? He said, Yes, so inform those who sent

you that I do not know.

Abdullah also states, I would frequently hear my father asked about issues to

which he would reply, I do not know, and he would often hesitate concerning

issues in which there was difference of opinion. He would often say, Asksomeone other than me. If asked, Who then should we ask? he would reply,

Ask the scholars, and he would hardly ever name a particular person. He also

states, I heard my father say, Ibn Uyaynah would not issue verdicts

concerning divorce and he would say, Who is proficient in this?!

End Quote from ibn al-Qayyim

Some reference works on the Usulof Ahmad:

Sh. Abdullah b. Abd al-Muhsin al-Turki has written a work on thesubject titledUsul Madhhab al-Imam Ahmad.

Sh. Uthman b. Ibrahim al-Murshid has written a Masters thesis entitledal-Rai Ind al-Imam Ahmad b. Hanbal. It was submitted at Umm al-Qura

University in 1394 AH. According to Sh. Bakr, it is unpublished.
https://mail.google.com/mail/?ui=2&view=bsp&ver=1qygpcgurkovy#_ftn2https://mail.google.com/mail/?ui=2&view=bsp&ver=1qygpcgurkovy#_ftn2http://ia301543.us.archive.org/2/items/books-37_ahlalhdeeth/OsolMadhabImamAhmad.pdfhttp://ia301543.us.archive.org/2/items/books-37_ahlalhdeeth/OsolMadhabImamAhmad.pdfhttp://ia301543.us.archive.org/2/items/books-37_ahlalhdeeth/OsolMadhabImamAhmad.pdfhttp://ia301543.us.archive.org/2/items/books-37_ahlalhdeeth/OsolMadhabImamAhmad.pdfhttp://ia301543.us.archive.org/2/items/books-37_ahlalhdeeth/OsolMadhabImamAhmad.pdfhttps://mail.google.com/mail/?ui=2&view=bsp&ver=1qygpcgurkovy#_ftn2


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Also, one may refer to Sh. Bakrs al-Taqrib Li Ulum ibn al-Qayyim and theindex on Usulfor Majmu Fatawa ibn Taymiyyah to see some very

important discussions on the Usulof Ahmad.

Sh. Bakr states in al-Madkhal al-Mufassal(1/150), Ibn Badran al-Dimashqi (1346 AH) has compiled the Usulof the madhhab in Sections

3,4, and 5 ofal-Madkhal Ila Madhhab al-Imam Ahmad b. Hanbal(pp. 49-

200), comprising two-thirds of the book, and it suffices from all other

works because of the verification, precision, detail, and excellent

arrangement it contains. It is, on the whole, an explanation and

clarification of ibn al-Qayyims comprehensive word concerning the Usul

of Ahmads madhhab."

[1] May Allh facilitate its liberation.

[2] The meaning of this exchange is not very clear in Arabic, and hence, this

translation is based on the understanding of the translator.

Some Notes Concerning Terminology Used in the Hanbali Madhhab

Whenever one reads any book, it is important to understand the terminology

used in it in order to understand the work properly. This is also true for the

books of Fiqh. Each madhhab, and in some cases, each author has certain

terminology that the reader must be familiar with. These terminologies areoften times explained in the introductions or conclusions of the books. There

are also certain books devoted to explaining these terminologies. Two

published works dealing with defining the terminology used in Hanbali books

are al-Mutli'and al-Durr al-Naqi. If Allah wills, these will be mentioned again

when surveying the Hanbali literature.

The Conventions of the Imam in His Answers


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(1) Answers explicitly stating one of the five ahkam taklifiyya: tahrim, karaha,

wujub, nadb, and ibaha. This is considered a nass in the madhhab without any

disagreement.

(2) When he responds and emphasizes his response with an action or by

swearing an oath. This is considered a nass in the madhhab without any

disagreement.

(3) It was the habit of Imam Ahmad, out of his great caution, to avoid frequent

use of explicit expressions like halaland haram. Therefore, Imam Ahmad

would typically resort to use of certain expressions which indicate the view

that he inclines to. Sometimes, there is disagreement as to what his intent isbehind these expressions. Some such expressions are the following:

* I like it (yu'jibuni)

* Good (hasan)

* It is befitting (yanbaghi)

* It is not befitting (la yanbaghi)

* I dislike it (akrahu)

* I fear (akhaafu, akhshaa)

* I hope (arju)

* There is no harm in it ( la ba'sa bihi)

* I hope there is no harm in it (arju an la ba'sa bihi)

* I am not so brave (ajbanu 'anhu)

* I am not so bold as to speak about that (la ajtari'u 'alayh)

* Leave it (da'hu)

* Leave this issue (da' hadhihi 'l-mas'ala)

Sh. Bakr Abu Zayd has listed seventy such expressions, cf. al-Madkhal al-

Mufassal, vol. 1 pp. 167-170. He goes on to explain them in vol. 1, pp. 243-264.

Imam al-Hasan ibn Hamid (403 H), the teacher of al-Qadi Abu Ya'la, has written

a work devoted to the explanation of such expressions used by Ahmad in his

answers to question. It is entitled Tahdhib al-Ajwiba. I t was studied and edited

by Dr. 'Abd al-'Aziz al-Qayidi as his doctoral thesis, and published by Maktaba


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al-'Ulum wal-Hikam.

Examples of Some Terms Used in Hanbali Fiqh Books

As knowledge of these terms is only needed by those who can read these

works in Arabic, a few examples will serve our purposes here:

(1) "The madhhab is such and such" - this applies both to positions stated

explicitly by the Imam as well as those deduced by the scholars of the Hanbali

School. Ibn Hamdan has written a lengthy criticism in Sifat al-Fatwa of the

practice of claiming a certain position to be the madhhab without knowledge

or sound basis. Al-Mardawi has quoted his words in full in the epilogue ofal-Insaf(12/267-276).

(2)Zahir al-Madhhab - This is the well known (mashhur) opinion in the

madhhab.

Al-Mardawi states in the introduction ofTashih al-Furoo'(1/52), "Shaykh al-

Islam ibn Taymiyya, may Allah have mercy on him, said, 'It has been reported

from Abul-Barakat (Majd al-Din), our grandfather, that if someone asked him

about zahir al-madhhab, he would say it is whatever Abul-Khattab gave

preference to in his Ru'us al-Masa'il.' He also said, 'It can also be known from

al-Mughniand Sharh al-Hidaya by our grandfather. And whoever is familiar

with the usulof Ahmad and his statements will recognize the correct opinion in

his madhhab in most issues.'"

(3) Qawl, this term applies to any opinion in the madhhab, be it from the Imamhimself or scholars of the madhhab, be it a wajh, ihtimal, or takhrij.

(4)al-Asahh, al-mashhur, al-ashhar, etc. - all of these expressions indicate tarjih

of a certain opinion in the madhhab.

(5)Al-Shaykh - some scholars use this title to refer to al-Muwaffaq ibn

Qudama, while others, particularly later scholars, use it meaning Taqi al-Din

ibn Taymiyya.


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(6)Al-Shaykhan, the Two Shaykhs - this refers to Muwaffaq ibn Qudama and

Majd al-Din Abul-Barakat 'Abd al-Salam ibn Taymiyya, the grandfather of Sh. al-

Islam Taqi al-Din ibn Taymiyya.

(7) Shaykhuna - Abul-Wafa' ibn 'Aqil and Abul-Khattab al-Kalwadhani use this

expression referring to al-Qadi Abu Ya'la. When it is used by ibn al-Qayyim or

by ibn Muflih in al-Furoo', it refers to Sh. al-Islam ibn Taymiyya. In

hisMukhtasar, ibn Razin uses it for al-Muwaffaq ibn Qudama.

(8) Shaykh al-Islam - two scholars in the madhhab are famous with this title: al-

Muwaffaq ibn Qudama and Taqi al-Din ibn Taymiyya.

Ibn Badran has discussed its usage at length in his Madkhal(p. 407) and Sh.

Bakr Abu Zayd in Mu'jam al-Manahi al-Lafziyya.

(9)Al-Qadi- for the mutawassitin, this refers to Abu Ya'la (459 H); for the

muta'akhirin, it refers to al-Mardawi (885 H), as can be seen in al-Muntaha and

al-Iqna'. Al-Mardawi himself uses it to refer to Abu Ya'la.

(10) "Al-Munaqqih", "al-Mujtahid", "al-Mujtahid fi Tashih al-Madhhab"- these

are all titles for 'Ala' al-Din al-Mardawi (885 H), signifying the great role he

played in redacting the madhhab in his works such as al-Insaf, Tashih al-Furoo',

and al-Tanqih al-Mushbi'.

For more on the terminologies of the Hanbali Madhhab, refer to Madkhal no. 4

of Sh. Bakr's al-Madkhal al-Mufassal, Ch. 6 of ibn Badran's Madkhal, pp. 405-422, and ibn Duhaysh's al-Manhaj al-Fiqhi al-'Aam li 'Ulama' al-Hanabila, pp.

97-168.


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The Spread of the Hanbali Madhhab

The roots of the Hanbali Madhhab naturally lie in Baghdad, the home of Imam

Ahmad, then it spread to other lands, but not as much as the other major

madhhabs.

Ahmad Taymur relates that ibn Farhun stated in al-Dibaj, "As for the madhhab

of Imam Ahmad b. Hanbal, may Allah have mercy on him, it emerged in

Baghdad and its surrounding areas, then it spread in many of the lands of al-

Sham, but it has become weak now," meaning: in the 8th Century Hijri.

[Taymur Pasha, al-Madhahib wa Intisharuha, p. 81]

Ibn Khaldun states, "As for Ahmad b. Hanbali, his followers (muqallids) are

few... Most of them are found in al-Sham and 'Iraq in Baghdad and its

surrounding areas. They are the most prolific of people in respect to preserving

the Sunnah and narration of Hadith." [Al-Muqaddima, p. 448]

Al-Suyuti states, "They are very few in number in Egypt. I have not heard of

their presence there except in the 7th Century and afterwards. This is because

Imam Ahmad, may Allah be pleased with him, lived in the 3rd Century, and his

madhhab only spread outside 'Iraq in the 4th Century. I t is in this century that

the Ubaydis came to power in Egypt, and they eliminated all those present

there of the Imams of the other three madhhabs by killing, exile, and

displacement. They established the madhhab ofRafdand the Shi'ah,and they

were not eliminated from there until the last part of the 6th Century. That is

when the Imams from the other madhhabs returned to Egypt, and the first

Hanbali Imam I know of to take up residence in Ebypt was al-Hafiz 'Abd al-Ghani al-Maqdisi the author of'Umdat[al-Ahkam]." [Cf.,al-Madhahib wa

Intisharuha, p. 82]

It then spread further at the time of al-Qadi 'Abdullah b. Muhammad b. 'Abd

al-Malik al-Hajjawi who became the Hanbali Qadi al-Qudah of Egypt in the year

738 AH. Al-Maqdisi states that the Hanbali Madhhab was present in the 4th

Century in Basra, in the provinces of al-Daylam [modern Gilan] and al-Rahab, in

Suways in the province of Khuzestan, and in Baghdad the dominant groups


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were the Hanbalis and the Shi'ah. [Ibid., p. 83]

The followers of the Hanbali Madhhab amongst laymen have been few

throughout history to the extent that they did not constitute the majority of

dwellers of any region through most of history except in Najd and then later in

much of the Arabian Peninsula as a result of the movement of Imam

Muhammad b. 'Abd al-Wahhab, may Allah have mercy on him.

Ahmad Taymur states, " We have not heard of their predominance in any

territory except the lands of Najd at this time, and in Baghdad in the 4th

Century." [Ibid., p. 83]

The Hanbali Madhhab also had a considerable historical presence in al-Sham.

Majd al-Din al-'Ulaymi, in his al-Manhaj al-Ahmad, lists the most famous

Hanbali scholars of Palestine from the 6th Century until the 9th Century.

Reasons for the Madhhab's Lack of Prevalence in Comparison to Other

Madhhabs

There are a number of reasons for the Madhhab's lack of prevalence, amongst

them:

* The Hanbali Madhhab was established later and the other three m madhhabs

were already more established in many lands. In Iraq, the madhhab of Abu

Hanifah was predominant, in Egypt the Shafi'i and Maliki madhhabs, and in al-

Maghrib and al-Andalus the Maliki madhhab.

* There were few Hanbali Qadis, and Qadis were instrumental in promoting

their respective madhhabs. Abu Yusuf and Muhammad b. al-Hasan, may Allah

have mercy on them, were instrumental in promoting the madhhab of Abu

Hanifah. After this initial period of Hanafi domination of the judiciary in

'Abbasid lands, the Shafi'i Madhhab played a prominent role in the judiciary as

well. As for the Maliki madhhab, Asad b. al-Furat was instrumental in

promoting it in al-Maghrib. In al-Andalus, the Umayyad state also worked to


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promote the Maliki madhhab. The Hanbali madhhab did not receive such

preference except in the Arabian Peninsula in recent times.

* The Hanbali Madhhab has spread considerably in the modern age as Saudi

universities and scholars (amongst others) have done considerable work in

editing and publishing important Hanbali works and teaching the Hanbali

madhhab. Because of this new wave of writing about and teaching the Hanbali

madhhab, the present era can be considered a period of its revival.

**Based on Sh. ' Abd al-Malik b. Duhaysh's al-Manhaj al-Fiqhi al-'Amm Li 'Ulama al-Hanabila wa Mustalahatihim Fi Mu'allafatihim, pp.

63-65. Sh. al-Duhaysh himself has played a hand in publishing many Hanbali works.**

Documents

Introduction to Hanbali Madhhab