Introduction:In order to discuss the four schools of thought in Islamic Law, we must first understand that there many great jurists, like al-Shfi`, Ab Hanifh, Mlik, Ahmad b. Hanbal, al-`Awz`, layth b. Sa`d, al-Thawr, and Ibn Jarr al-Tabar. All of these were independent jurists capable of juristic reasoning (ijtihd).

However, the approaches of only four of these scholars became established. They are the approaches of al-Shfi`, Ab Hanifh, Mlik, and Ahmad b. Hanbal. The schools of thought based on their approaches to jurisprudence have lasted and have continued to be developed. Each school has had many adherents who have studied Islamic Law according to their chosen approach and have written major legal works based on it.

As for other schools of jurisprudence, they have not been developed nearly as much as those four schools nor have they become anywhere nearly as widespread.

However, this does not mean that those four schools of jurisprudence have a monopoly on the truth, though almost without exception the truth can be found within them. The reason for the continuation and proliferation of those four schools is that most of the great jurists since the third century of Islam have been affiliated with one or another of them.

The earliest scholars, the Salaf, who lived before the four schools of thought had been firmly established, were more like the founders of those schools. They used their own juristic abilities and derived the laws of Islam directly from the textual evidence. They would choose whichever opinion they saw had the strongest evidence to back it up. All of them sought to follow the truth. Sometimes they would be correct in their judgments and sometimes they would be mistaken.

After the four schools of jurisprudence became firmly established and settled, most jurists began to work within one or another of them. These scholars all had different abilities.

There is nothing wrong if a Muslim wishes to follow one of these established schools of jurisprudence as long as he does not become chauvinistic and biased to it. This is especially important when an opinion of his school is shown to go against clear textual evidence.

The words of the Prophet (peace be upon him) take precedence over the opinions of anyone else, no matter who they might be. The Prophet (peace be upon him) was protected from error in matters relating to Islamic Law. This cannot be said of anyone else.

The Religion of Islam The Meaning of the Word Islam The word Islam is the verbal noun of the verb aslama. This verb is de- fined as, He resigned or submitted himself. When used with respect to God, it means, He became submissive to God.[footnoteRef:1] Thus, Islam is about an individual recognizing who his Lord is and recognizing that his attitude toward his Lord and Creator should be one of submission and worship. In other words, Islam is not simply about the recognition of the Oneness of God or the fact that the Creator exists, for example. Islam is about something much greater than that. It is about the conscious decision made by the individual to worship and submit to the one and only God. [1: The Islamic Texts Society, 1984, vol.1, p. 1413.]

Literally, Islam denotes self-surrender or to give oneself up to Allah and accept his lordship in the fullest sense of the term. The religion sent down by God and brought into the world by His Apostles has been called Islam for the simple reason that, in it, the bondsman yields completely to the power and control of the Lord and makes the rendering of whole-hearted obedience to Him the cardinal principle of his life. This is the sum and substance of the Islamic creed.[footnoteRef:2] [2: http://www.islamguiden.com/arkiv/guideforthenewMuslim.pdf]

It is true that the Arabic word for peace (salaam) comes from the same root as the word Islam. It is also very true that true peaceboth internally and externallycan only be the result of the correct implementation of Islam. At the same time, though, it should be very clear in the minds of every Muslim that his religion being Islam represents his commitment and devotion to worshipping and submitting to Allah alone. This should become the essence of what the individual Muslim is all about.

Before discussing the relationship between Islam and the other religions, it is important to recognize a more specific usage for the word Islam as a religion. Islam, as stated above, implies the complete submission to the one and only true God. Thus, anyone who is truly submitting himself to Godis a Muslim.

Schools of Islamic Jurisprudence:

The Four recognised Schools of Sunni law, propounded areThe Hanafi School of the Kufa SchoolThe Maliki School of the Medina SchoolThe Sha-Fii SchoolThe Hanbali SchoolAll the schools of Sunni law subscribed to the same principles, but they differed in details. There are four ancient sources of Islamic Law,The QuranThe SunnaThe IjmaaThe QiyasThe Ijtihad

The main cause of the division among Sunnis is probably their different degrees of stress on one or more sources of law, though the text of the Quran is accepted by all of them. The Sub-division among the Sunnis took place due to different interpretation put on law by the founders of the sub-schools.[footnoteRef:3] [3: Syed khalid rashid pg18-23 5th edition]

The jurist who main developed this system of jurisprudence and after whom the four Sunni Schools of Mohammedan Law, named, are as follows:Abu Hanafi (699-767 A.D)Malik Ibn Anas (713-797 A.D)Mohammad Ash Shafii (767-820 A.D)Ahmad Ibn Hanbal (780-855 A.D)

The Hanafi School is the most liberal and flexible of the four Sunni schools. There is an emphasis upon qiyas as a means of formulating legal judgments, a practice that was deployed extensively by Abu Hanifa himself. Indeed the practice of qiyas and reasoning was prevalent to such an extent in Abu Hanifas teaching that his followers were labelled Ahl-al-Rai or People of Opinion as opposed to Ahl-al-Sunna or People of the Tradition, the latter taken to mean those relying upon traditions. This endorsement of logic and reasoning allowed followers of the Hanafi school of thought to carry out detailed investigations of legal sources prior to forming juridical principles. Abu Hanifa and subsequent members of his school are accredited with formulating and developing significant principles of Siyar. In contemporary terms, the Hanafi School is predominant in Central and Western Asia (Afghanistan to Turkey), Lower Egypt (Cairo and the Delta) and the Indian Sub-Continent.

The Maliki School was established in Medina and the Hejaz by Malik ibn Anas (d. 795/179). Malik was a great collector of the Hadith and a profound supporter of the living tradition of Medina. In this regard Malik has been described by Hallaq as primarily a transmitter of earlier or contemporary doctrine. Adherents of the Maliki School regard juristic preferences (istihsan) and public interest (al-masalih al-mursala) as key sources for juridical decisions. The Maliki School has following in both North Africa and Upper Egypt.

The Shafi School was established by Muhammad ibn Idris al-Shafi (d.820/204). Al-Shafi hailed from southwest Palestine (Gaza), and travelled extensively meditating under Malik in Medina, teaching and practicing law in Baghdad, and finally taking up residence in Egypt where he produced his major works before his death there. Al-Shafis greatest contribution was in distinguishing and preferring the prophetic Hadith over the living tradition of Medina that his teacher Malik had cultivated. This resulted in the Prophets prestige and authority rising ever higher and being second only to the Quran in theory, and in some cases higher in practice. The close relationship in Islamic law between the Quran and the Sunna of the Prophet was highlighted through the teachings of al-Shafi. Al-Shafi refined the usage of qiyas, and he curtailed its usage as envisaged in the Hanafi School. In addition to the establishment of Muhammads Sunna as the second of the four roots (usul) of law, al-Shafi defined ijma in its classical form and invested it with the power that enabled it to oust ijtihad from jurisprudence, except in the most limited sense. That is, ijma came to be the principle as well as the procedure that the jurists of all the Sunni schools increasingly used in order to determine what was authentically Islamic. Thus ijma extended even to the authentication of Hadith. It is in this context that the fateful Hadith is attributed to the Prophet My people will never agree together in error takes on meaning. If the earlier decisions of legal experts and judges were accepted through ijma as definitive, then nothing more was there to be attained from a survey of new cases saves to utilise them for guidance as correct precedents. The Shafi School is predominant in Malaysia and Indonesia, Southern Arabia, East Africa, Lower Egypt and most of the Indian Ocean littoral.The last school of law, the Hanbal School, is known as the school of the strict traditionalists102. It goes back to Ahmad ibn Muhammad ibn Hanbal (died 241 H. or 855 C.E.) who was a collector of traditions, a theologian, and a legal scholar. Ibn Hanbal, who was of Arabian origin, studied the law from several experts of traditions like Sufyan ben Ugaina from the Higaz, Wakic ibn al-Garrh (died 197 H. or 812 C.E.) from Kufa, and Abdarrahmn ibn Mahd (died 198 H. or 813 C.E.) from Basra, but he also visited the lectures of as shafii about fiqh and usul al-fiqh in Baghdad. and usul al-fiqh. The expertise in these two areas are very important so as to ensure the smoothness of making ijtihad to any complex issues involved in the Islamic banking and finance.

Difference between Hambali School and Shafii SchoolEvery System needs a proper and well established code of conduct or law for its proper and smooth governance. In this context, the Shariah is well established and multi- dimensional in its approach and nature. The science of fiqh (Jurisprudence) is one of its important aspect as it deals with the governing the life and showing the right direction to the Mankind. The different Schools of fiqh developed in the different areas of the Muslim world right from the time of later generation of the Sahabah (Companions). As we known at last, only four important Madhahibs survived and other did not last long. The four Madhahibs which survived are Hanafiyyah Madhhab; Malikiyyah Madhhab; Shafiiyyah Madhhab and Hanbaliyyah Madhhab and are found in the different parts of the Muslim world. Here I have tried to present the brief introduction to the life and Madhhab (School of Thought) of Imam Ahl as-Sunnah, Abu Abdullah Ahmed Ibn Hanbal.The Imam Ahmed R.A.is an important figure of the Muslim History and is regarded as the major advocate of the Sunni theology, the great collector and Scholar of Hadith and one of the greatest Jurist. His magnum opus, al-Musnad is regarded as one of the best and largest Collection of Ahadith, which contain more than thirty-thousand Ahadith. The Madhhab which was founded on his teachings and many great Scholars got affiliated to it. The approach to the school and its principles and methods of deducing the laws of the Shariah are unique in its more relevance towards the Sunnah of the Prophet of Allah. It spread to the large areas of Muslim world from Shaam to Khurasan and the followers of it in this age are found in the areas of Saudi Arabia, Syria, Palestine, Jordon, Lebanon, Yemen, Iraq, Iran, Afghanistan, Dagestan, Chechnya and other countries.The life of Imam Ahmad Ibn Hanbal[footnoteRef:4](Rahimahullah) [4: Extractedfrom:AbdulMawjood,Salahuddin,ThebiographyofImamAhmadbinHanbal;Nadwi,AbulHasanAli,Saviours ofIslamicSpirit,V.1,pp.6787;Dr.asSibaee,Mustafa,TheSunnahanditsroleinIslamiclegislation,pp.53940;and Melchert,Christopher,AhmadIbnHanbal,pp.116.]

Abu 'Abdullah Ahmad Ibn Hanbal ash-Shaybani was born in the city of Baghdad in the year, 164 A.H (780CE). He was of Arab origin & His father was a soldier in the city of Marw. He was raised by his mother, Safiyah. He studied various subjects in his hometown under the guidance of his uncle and later travelled extensively in quest of knowledge.Imam Ahmad became an expert in the Arabic language, poetry, grammar. He established himself in the sciences of Quran, authoring works in exegesis (Tafsir), science of abrogation (al- Nasikh wal-Mansukh), as well as the different modes of recitations (Qiraat). He started his career by learning jurisprudence (Fiqh) under the celebrated judge, Abu Yusuf, the renowned student of Imam Abu Hanifah. He also studied Islamic Fiqh and its fundamentals under Imam ash-Shafi'i. He became specialist in jurisprudence and benefited from the famous early jurists like Abu Hanifah, Malik, al-Shafi'i, Sufyan al-Thawri, al-Awzai and Layth b. Saad and many others. He was interested in acquiring knowledge of Ahadith and travelled extensively through Iraq, Syria, Arabia and other places in the Middle East, studying religion and collecting the Ahadith of the Prophetn]. Imam Ahmad began his career of seeking Ahadith from the age of fifteen and Ibn al-Jawzi states that Imam Ahmad had 414 Hadith masters from whom he narrated the Ahadith. Imam Ahmad became a leading authority in Ahadith of his time, and wrote down his, Magnum Opus, al-Musnad al-Kabir, the grand Hadith encyclopaedia. He was also a most balanced critic of Hadith (Naqid). Imam spent 40 years of his life in the pursuit of knowledge and only thereafter did he become a leading authority in six or seven Islamic disciplines of Knowledge. Imam Ahmad was equally considered to be a leading example in Zuhd (material and spiritual asceticism), for he lived a very simple life, detached from worldly pleasures. Yahya Ibn Maeen describing Imam Amad Ibn anbal as: I have not seen the like of Ahmad b. Hanbal and we have been his companion for fifty years. He was never proud or arrogant towards us because of his righteousness and goodness." Imam Ahmad notably evolved as the most celebrated theologian also and came to be known as the Imam Ahl al-Sunnah, the leading authority on the orthodox doctrine. Imam Ahmad maintained the theological views of the early orthodox scholars particularly three Imams and stood brave against Mutazilah view on the Issue of the Creation of the Quran. He was arrested by Caliph Al-Mamun and Al-Mutassim and given a corporal punishment and imprisonment but He still refused to deviate from his beliefs. His trial ended on the hands of the Caliph Al-Mutawakkil who did not believe in the doctrine of the creation of the Qur'an. His learning, piety and unswerving faithfulness to traditions gathered the Ummah and its scholars around his understanding and teachings. There is a long list of Students who studied different sciences under the guidance of Imam Ahmad. He died in the year 241 A.H (855CE) at the age of 77 and His death not only caused grief to Muslims but also to Jews, Christians and Fire-worshippers. Over 600,000 people attended the Janazah prayer and for one week Salah al-Janazah was offered. He was buried in Baghdad.

Introduction to the Hanbali Madhhab[footnoteRef:5] [5: Qadri,AnwarA.,IslamicJurisprudenceItheModernWorld,pp.13943]

Imam Ahmad was known as the greatest of the Scholars of hadith and many great scholars of this field like Imam al-Bukhari, studied under him. He used to teach Ahadith to huge gathering of student and also used to present his Opinions/views and views of others on these Ahadith. He also used to answer the questions of his students and issue fatwas to them on different matters and not only regarding Ahadith but also on issues of fiqh (Jurisprudence). The students used to pen down his opinions, answers and fatwas which later were found in different books and also his own books on different issues lead to foundation of this School in the future. After the death of this great Imam, his students spread across the Muslim world and taught these opinions to their students and these opinions were written and spread to different areas. In this way, many people adopted these opinions and taught it to their students which resulted in the evolution of new school of thought in Muslim world known as Hanbali Madhhab. Later on these opinions and knowledge of Imam Ahmad was collected from his students in one book and in this way, the Madhhab of Imam was compiled in an organised form. The first such work was done by a great Scholar, Abu Bakr al-Khallal, Student of the Close companions and Students of Imam Ahmad, who compiled al-Jami li ulum Ahmad. This collection was then summarised into a short treatise on the Fiqh of Imam Ahmad by the Hanbali scholar Abul-Qasim al-Khiraqi, which became known as Mukhtasar al-Khiraqi. This treatise was the first Fiqh manual ever written on the Madhhab, and the best and the most beneficial explanation ever given to this manual was by the great Hanbali Imam, Muwaffaq al-Din Ibn Qudamah al-Maqdisi, in his grand masterpiece, al-Mughni.

Distinctive Qualities of Hanbali Fiqh (1) Emphasis on following Dalil: Anyone who observes the books of Imam Ahmad on Masail will notice that they are rich with evidences from the Quran, Sunnah, and fatwas of the Companions. Thus you will find it very common for him to answer questions, stating, There are two hadiths concerning it, There are four hadiths concerning it, Authentic, fair hadiths have been reported concerning it, This Sunnah has been reported from the Rasulullah by x number of Companions etc. And the same can be said of his reliance on the Athar of the Companions. (2) The Great Number of Conceptual and Practical Issues Because of his focus on the evidences of the Shariah, Ahmad has spoken a great deal on both issues of practice as well as concepts and beliefs. However, Ahmads statements concerning issues of creed are clearly more in abundance than those of the other Imams, as most of their known speech is related to issues of practice. (3) Avoidance of Hypothetical Fiqh Looking at the fatwas of Ahmad, one finds that he frequently would rebuke questioners for raising hypothetical issues that had not come to pass. Ibn Muflih has mentioned a number of exampled in his al-Adab al-Shariyyah. (4) Ease and Facilitation in the Rulings of Worship, Transactions, Marriage, Etc. In the topic of Taharah, the Hanbali Madhhab has the distinction of regarding the urine and faeces of animals whose meat is lawful to eat as being pure. This ruling facilitates matters considerably for those who have to deal with such animals on a regular basis.

The Principles or Sources of deriving Law in the Hanbali Madhhab[footnoteRef:6] [6: AbdulMawjood,Salahuddin,ThebiographyofImamAhmadbinHanbal,pp.5966.]

The Imams of all Madhahibs (the schools of Jurisprudence) have set four principles or source upon which their issued their legal verdicts is based but Imam Ibn al-Qayyim[footnoteRef:7] mentioned five principles on which Imam Ahmad based his legal verdicts and they are as: [7: Qadri,AnwarA.,IslamicJurisprudenceItheModernWorld,pp.13943.]

1- Nusus (the divine text): It consisted of two: a. The Quran: The Quran being Allahs Speech was the first and foremost source of deriving the law. Any hadith found to be in contradiction with the Quran was therefore rejected. b. The Sunnah: Imam Ahmad bin Hanbal is said to have memorised one million of Ahadith and He only use Ahadith with a reliable chain of narrators for deriving a ruling from the Sunnah. The Hadith of Prophet is preferred over the ijma (consensus) of the Sahaba by the Imam. It is not as some people think that He doubted the existence of ijma. For example, He ignored the dissent of Umara concerning: -the woman who has received the final divorce, because of the hadith of Fatimah bint Qays -and concerning tayammum due to sexual defilement, because of the hadith of Ammar bin Yasira; -and also his disagreement concerning the pilgrim keeping on the perfume he applied before entering Ihram, because of the authenticity of Aishahds hadith on that issue; Because the Ahadith for that are authentic. 2- The Ijma[footnoteRef:8] (The Consensus of the Sahabah): The ijma according to the school of the Imam Ahmad refers solely to the he unanimous agreement amongst the Sahabah. When he would find a verdict from any Sahabia and none of them was known to have opposed it, he would not take anything over it. He would not say that constitutes ijma. 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. [8: Nadwi, Abul Hasan Ali, Saviours of Islamic Spirit, V.1, 2nd ed., Eng. Tr. Mohiuddin Ahmad, Academy of Islamic Research and Publications, Lucknow, 1979.]

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 Tabieen: Ata, Mujahid, and the scholars of Madinah concerning the slave taking a concubine. 3- Individual Opinions of any Sahabi: If there was no consensus upon an issue, Imam Ahmad would then establish a ruling upon each opinion and allow the people to choose from opinion of any Sahabi, they wanted to follow. Due to this Principle of the School, we find the presence of diverse range of opinions on certain issues in this Madhhab. For example, Ishaq Ibn Ibrahim Ibn Hani relates in his Masail, Abu Abdullah (Imam Ahmad) 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. 4- Mursal and Dhaeef Ahadith: In the absence of evidence from the Quran, Sahih or Hasan Ahadith, ijma of the Sahabah and Individual opinion, Imam Ahmad would then use a Mursal or Dhaeef hadith before exercising any Qiyas of his own. This is due to his statement in which he said the weak hadith is dearer to him than his own opinion. For example, He placed the hadith there is no dowry of less than ten dirhams before analogy even though there is agreement on it that it is weak, in fact batil, for strict analogy dictates that as the dowry is a compensation in exchange for conjugal rights, whatever amount they agree to should be permissible, be it great or small. Similarly, he preferred the hadith, Whoever 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. 5- Qiyas [Analogical Reasoning]: Imam Ahmad would only turn to his own analogical reasoning as a last resort. The great Ibn Qudamah writes in his treatise on Usul al-Fiqh, Rawdah an-Nadhir, No one can give an opinion in Shariah without the use of Qiyas. The use of Qiyas has been carried forward extensively by the Jurists like Ibn Taymiyyah and Ibn al- Qayyim but in different manner to that of Hanafi Madhhab. The doctrine of Istishab is also acceptable in the Madhhab of Imam Ahmad but its manner of acceptance was different to that of Maliki and Shafii Madhahibs. The fuqaha (Jurists) also accept the use of Maslahah and every hukm (Command/rule) of the Shariah was based on this principle of Maslahah. Imam also admits the use in Siyasah Shariah and gave legal opinion in that regard.

Ahmads doctrine As demonstrated previously, Imam Ahmad became the leading authority on the Orthodox doctrine of Islam, which represented the first three blessed generations of Islam, untainted with foreign dogmas. Ahmads doctrinal influence can be measured by the fact that, out of the four traditional schools, the Hanbali School alone maintained its own theological view, unlike the Hanafi School which adopted the Maturidi doctrine, or the Shafii and Maliki schools that adopted the Ashari doctrine. The secret for this was the depth and length at which Ahmad spoke in matters of theology, due to the prevailing unorthodoxy in his age, headed by the Mutazilites. Due to this it is noted that there have been, in comparison to other schools, very few Hanbalis who inclined towards unorthodox views, for the copious volume of narrations from Imam Ahmad dealing with specific issues of doctrine made it extremely difficult for his followers to adhere to any other, yet still remain faithful followers. Imam Ahmads doctrine could be summarised as follows: 1) He would believe in the description that Allah gave to himself in the Quran, or inspired the Prophet with, and affirm them at their face value (Dhahir), while generally negating any resemblance between the Creator and the creation. 2) He would vigorously reject negative theology (Tatil), as well as allegorical exegesis (Tawil), with respect to belief in Allah, which was heavily employed by the Jahmites, Mutazilites and the Kullabites (later to be known as the Asharites) to justify their philosophical approach to God. 3) He believed that Allah Speaks with letters and sound, for he believed every word and letter of the Quran to be the word of Allah, contrary to the Kullabites, who, in their opposition to the Mutazilites, affirmed eternal Speech for Allah, yet still agreed with them in that they believed that the Quran, which is composed of letters, was created. 4) He believed that Allah literally hears and Sees; that He has two Hands with which He created Adam; that Allah has a Face 5) He believed that Allah literally Rose over the Throne after Creating the heavens and the Earth in six days. 6) He believed that Allah is High above and distinct from His creation 7) He believed that Allah is all Knowing, All Wise, All Power and All Able, and that Allah has His own Will, He Does what He likes out of His Wisdom. Whatever Allah has written and Decreed upon His creation, must come to pass. Nothing leaves His knowledge, or happens without His Permission or Will. 8) He believed that Allah becomes pleased when obeyed and Displeased when disobeyed. 9) He would regard the Jahmiyah (followers of al-Jahm ibn Safwan), and the Rafidha (the Imami Shias) who curse the Companions, to be disbelievers (Kuffar). 10) He held that the sinners amongst the Muslims are under the threat of Allah's punishment; that if He wishes He may punish them or forgive them; Contrary to the Khawarij. He would not declare a Muslim to be a disbeliever (Kafir) on account of his sins, nor would he exclude actions from Iman unlike the Murjia. Once he was asked about those who declare their belief in the five pillars of Islam, yet refuse to perform them; he said, in reply, they are disbelievers (Kuffar). 11) He believed in the miracles that occurred at the hands of the Awliya (pious Muslims) as a favour from Allah. 12) He believed that Abu Bakr is the best of the Companions, followed by Umar, then the six companions chosen by the latter as Ashab al-Shura (members of Shura council): Uthman, Ali, al-Zubair, Talha, Abd al-Rahman b. Awf and Sad b. Abi Waqqas; followed by the fighters of Badr from the Emigrants (Muhajirin) and then the Helpers (Ansar). 13) He prohibited discussions on the differences between the Companions or dislike of any of them; for the honour of Companionship with the Prophet SallAllahu alaihi wa-sallam is sufficient a virtue to rank them higher than the entire Muslim Ummah until the end of time.

The Trial Imam Ahmad is remembered as a legendary figure in the Islamic history for his uncompromising stance and for withstanding immense pressure during the trial of the creation of the Quran. The Caliph at the time, Mamun, subjected the scholars to severe persecution, at the behest of the Mutazilite theologians who attributed themselves to Imam Abu Hanifa in jurisprudence. The Mu'tazilites were a heretical Muslim sect, who sanctified their intelligence above the revelation and espoused the belief that, even though, the Quran is the speech of Allah, He created that speech as a distinct entity and called it the Quran. This was in opposition to the orthodox belief that Allah spoke every word of the Quran, and indeed: Allah spoke to Moses directly, as Allah states in the Quran. The Mutazilites were discredited throughout the Umayyad rule and never given the position of prominence and influence, until the Caliph al-Ma'mun came to power, during the Abbasids, who took them into confidence and bestowed them with official positions within the state as judges. Bishr al-Marrisi and Ahmad b. Abi Duad were the two important figures behind the Mutazilite inquisition, which systematically placed many jurists and traditionists on trial until they were forced to acknowledge that the Quran is created, and their acknowledgement publicised in all major cities. Nearly all the scholars of Baghdad from the jurists and the traditionists were tested, and all of them acknowledged the doctrine of the created Quran, with the exception of the two; Ahmad b. Hanbal and Muhammad b. Nuh. This greatly pained and angered Imam Ahmad, such that he boycotted some of the great traditionists for their acknowledgement, and often refused to narrate from them. Amongst those boycotted were a close companion and a colleague of Imam Ahmad, Yahya b. Main, about whom, it is said that Imam Ahmad refused to speak to him until he died and composed the following lines of poetry censuring his acknowledgement of heresy: Ya ibn al-madini al-ladhi 'uridat lahu Dunya fa Jada bi dinihi li yanalaha Madha da'aka li intihali maqalatin Kunta taz'umu kafiran man qalaha O Ibn al-Madini, to whom the world was offered, So he strove to attain it at the expense of his religion What made you embrace a dogma (about which) You would impute disbelief on the one who adopts it! Finally, Ahmad b. Hanbal and Muhammad b. Nuh were also put to the test on the order of al-Mamun, but they refused to acknowledge the creation of the Quran. Consequently, they were despatched in irons to be dealt with by al-Mamun himself. On the way, Imam Ahmad supplicated to Allah to prevent him from meeting al-Mamun. His prayer was answered in the sudden death of al-Mamun due to which they were both sent back. Muhammad b. Nuh passed away on their return journey, and there was none to prepare his funeral, pray over, and bury him, except Imam Ahmad. He remained imprisoned in Baghdad until al-Mutasim assumed power. Al- Mutasim, unlike al-Mamun, was a destitute to knowledge. Nevertheless, he continued the Mutazilite inquisition as explicitly requested by al-Mamun in his will. His rule was perhaps the most brutal towards Sunni scholars in general, and Imam Ahmad in particular who intransigently continued to resist all attempts by the authorities to force him to acknowledge the creation of the Quran. The frustrated Caliph finally ordered Ahmad to be flogged in public, which resulted in Ahmad falling unconscious. Imam Ahmad was released shortly afterwards, when al-Mutasim feared that the commotion caused in Baghdad due to mistreatment of Ahmad may reach an uncontrollable pitch. After al-Mutasims death, al-Wathiq took over the office of Khilafa, and ordered his loyal Mutazili judge in Egypt, Ibn Abi al-Layth to press hard with the inquisition. This caused many to flee from Egypt, while the prisons became full of jurists and traditionists who resisted the government demands. In Baghdad, however, the general public had become enraged over the policies of the government, which made it difficult for al-Wathiq to pursue the inquisition with the same vigour. He therefore, instead of re-imprisoning Imam Ahmad, resolved on banishing him from Baghdad, saying: Do not live with me on this earth!, and henceforth, Ahmad b. Hanbal went into hiding. Towards the end of al-Wathiqs reign, a close student of al-Shafii, Ahmad b. Nasr al-Khazai was caught by the officials and charged for organising an uprising in Baghdad. When Ahmad al-Khazai was brought to al-Wathiq in chains, the latter, instead of asking him about his role in the uprising, questioned him about his belief in the creation of the Quran, to which Ahmad al-Khazai gave the standard Sunni reply. The enraged Caliph, upon hearing his response, personally decapitated him. His head remained in Baghdad, while his body remained on a crucifix in Samurra for six years, as a grisly warning to potential rebels. After al-Wathiqs death, his brother al-Mutawakkil took charge of the office. Al- Mutawakkil, unlike his predecessors had the utmost respect and admiration for the Sunni school, and through him, Allah decided to put an end to the inquisition. Promptly after assuming the position as Caliph, he sent orders throughout the Khilafa to put an immediate end to all discussions regarding the Quran, released all the prisoners of faith, dismissed the Mutazili judges, and more significantly deported the chief instigator of the inquisition, Ahmad b. Abi Duad along with his family. He further ordered that the Mutazili judges responsible for the inquisition be cursed from by the pulpits, by name. Al-Mutawakkil, on the other hand, showed his utmost reverence to the Sunni hero of the inquisition, Imam Ahmad b. Hanbal, and wished to take care of all his affairs. Ahmad, however, turned down the offers due to his general dislike of being close to the rulers. Al-Mutwakkil, knowing that Imam Ahmad would refuse his offerings, instead presented some gifts to his son, Salih b. Ahmad. When it came to his knowledge, Imam Ahmad showed strong disapproval and refused to consume anything from his sons wealth. The Madhab of Imam Ahmad After the death of Imam Ahmad, his students travelled across the Muslim world along with the responsa (Masail) of Ahmad concerning theology, jurisprudence and traditions. From the foremost of his students are: his two sons, Salih and Abdullah, Hanbal ibn Ishaq, al-Marrudhi, al-Kawsaj, Ibn Hani, Abu Dawud (compiler of Sunan Abi Dawud), al-Athram, Abu Zurah al-Razi, Abu Hatim al- Razi, Abdul-Wahhab al-Warraq, al-Tirmidhi and many others. However, it was not until al-Khallal travelled the Muslim world, collecting the responsa of Imam Ahmad from his students scattered across the Khilafa, that the Madhab of Imam Ahmad was compiled in an organised form. This vast compilation became known as al-Jami, which is still used in the 8th Islamic century by Ibn Taymiyah and his contemporary Hanbali jurists. This collection was then summarised into a short treatise on the Fiqh of Imam Ahmad by the Baghdadi-Hanbali jurist al-Khiraqi, which became known as Mukhtasar al-Khiraqi. This treatise was the first Fiqh manual ever written in the Madhab, and its first ever commentary was also written by its very author, thus, making al-Khiraqi the first author of a Fiqh manual in the Madhab, the first one to write a commentary on a manual, and indeed the first Hanbali to comment on his own manual. The summarised treatise on Fiqh by al-Khiraqi proved to be the most important contribution to Hanbali Fiqh, with over 300 commentaries, according to Yusuf b. Abd al-Hadi, which even today remains an excellent introductory manual to the Hanbali School of jurisprudence. The famous commentaries to al-Mukhtasri include, but are not restricted to: a commentary by Ibn Hamid, then al-Qadhi Abu Yala, then Ibn Qudama al-Maqdisi, whose commentary, famously known as al- Mughni, is considered to be a timeless masterpiece.

Hanbali Books on Theology Since Hanbalism is as much a school of theology as it is a school of Law, the Hanbali theologians have contributed several works, at various intervals in history, representing the doctrine of Ahmad b. Hanbal. Imam Ahmad himself played a leading role in authoring books on doctrine, such as the Kitab al-Sunnah (Book of Sunnah) and al-Rad 'Ala al-Zanadiqah wa al-Jahmiyah (The refutation of the Heretics and the Jahmis). Apart from these two works, Imam Ahmad wrote several letters addressed to some of his contemporaries, explaining the orthodox creed, found in the Tabaqat of Ibn Abi Ya'la, although not all of the letters are authentic. Subsequently, the students of Ahmad in particular, and the rest of his followers, continued to contribute works in theology. Several Hanbalis authored books, in the footsteps of their Imam, with a common title: Kitab al-Sunnah, such as al-Athram, Abdullah (the son of Imam Ahmad), Hanbal ibn Ishaq (the cousin of Imam Ahmad), al-Khallal. Some of the important manuals on doctrine accepted by the mainstream Hanbalis include: Lumat al-Itiqad by Ibn Qudama al-Maqdisi, al-Itiqad by al-Qadhi Abu Yala, al-Iqtisad fi al-Itiqad by Abd al-Ghani al-Maqdisi, and various treatise written by Ibn Taymiyah, such as al-Wasitiyah and al-Tadmurriyah, as well as his close student Ibn al-Qayyim, such as his famous Nuniyah, an ode rhyming in the letter Nun. It is worthy to note that many works on theology by some Hanbalis were reactionary to the Hanbali-Ashari feud, such as al-Radd Ala al-Ashairah (Rebuttal of the Asharites) by Ibn al-Hanbali, and by Abul-Wafa Ibn Aqil with the same title. Another example of such work is Ibtal al-Ta'wilat li Akhbar al-Sifat (Negation of the Allegorical Interpretations of the Traditions Pertaining to Divine Attributes) by al-Qadhi Abu Yala, which came is a rebuttal of the book Mushkil al-Hadith wa Bayanuhu (The Problematic Traditions and their Interpretations) by Ibn Furak, the Ashari theologian and a traditionist, who compiled the aforementioned book, giving allegorical interpretations to divine texts that seemed problematic according to Ashari principles; and al-Munadhara fi al-Quran maa Ahl al-Bidah (The Debate Regarding the Quran with Some Heretics), by the great Hanbali jurist, Ibn Qudama al-Maqdisi, where he relates his violent discourse with his contemporaries from the Asharis, whom he refers to as Heretics, about the nature of the Quran contained in a book-form (Mushaf), whether it is created or uncreated. Other Hanbalis, although they did not author books dedicated to doctrine, they did, however, include sections of doctrine in books of Fiqh and Suluk (ethics). Al- Ghunya, by Abdul-Qadir al-Jilani a famous Hanbali jurist and the founder of the Qadiri Sufi order is for the most part, a manual in ethics and morality, yet it begins with a thorough presentation of the Hanbali doctrine, which paints al-Jilani as an ardent follower of the mainstream Hanbalism, and an avowed antagonist of the Asharis. Hanbali Books on Fiqh The first manual in Fiqh, as mentioned earlier was the famous al-Mukhtasar by al- Khiraqi, which has remained up until this day, from the most important introductory works on Hanbali Fiqh, with its commentary par excellence, al- Mughani by Ibn Qudama. Al-Majd Ibn Taymiyah, who was the grandfather of the famous Hanbali theologian and jurist, Taqi al-Din Ibn Taymiyah, was considered to be one of the great authorities in the school, along with Ibn Qudama, such that if the two Sheikhs agreed upon an issue, it would be considered the reliable opinion (mutamad) in the school. Al-Majd Ibn Taymiyah authored his famous and reliable Fiqh manual called al-Muharrar fi al-Fiqh. Ibn Qudama played a key role in developing a Hanbali curriculum of Fiqh for all levels of students. He wrote a preparatory manual for the beginners called al- Umdah, with the objective of developing an all-round surface understanding of jurisprudence, without confusing the student with difference of opinion within the school. For the students at an intermediate level, he authored al-Muqni, aimed at training the students at exercising preference (tarjih) upon conflicting opinions (taarudh) within the school. For the next level, he authored al-Kafi, with the goal of acquainting the student with the sources of the Law, and the methodology for extrapolating rules from the revelation. Al-Mughni (lit. rich), which is a commentary on al-Mukhtasar by al-Khiraqi, was compiled for the advanced students, to familiarise them with the difference of opinion and the respective arguments, beyond the school, even surpassing the four traditional schools. The aforementioned book, al-Muqni by Ibn Qudama had received two main important commentaries: al-Sharh al-Kabir (the Great Commentary) by al- Muwaffaq Ibn Qudamas nephew, Shams al-Din Ibn Qudama al-Maqdisi; and al- Insaf by the famous Hanbali jurist and judge, Ala al-Din al-Mardawi. These two commentaries have remained popular amongst post-Ibn Qudama generations up until today. Al-Muqni, also has a very popular abridgment by the famous Hanbali jurist Sharf al-Din Abu al-Naja al-Hajjawi called: Zad al-Mustaqni fi Ikhtisar al-Muqni. This abridgement became particularly famous amongst the Hanbalis from Najd, where it is regarded as the primer to the Madhab. The most common and widely accepted commentary on Zad was written by the Egyptian Hanbali jurist, Mansur b. Yunus al-Buhuti called: al-Rawdh al-Murbi, which was further commented on by the Najdi-Hanbali jurist, Abd al-Rahman b. Muhammad b. Qasim. The latter commentary, which is informally known as Hashiyat Ibn Qasim is regarded to be one of the greatest contributions to the school in the modern times. Another invaluable contribution to the school has been al-Sharh al-Mumti Ala Zad al- Mustaqni, by the famous and profound Hanbali jurist, theologian, traditionist, linguist and a grammarian, Muhammad b. Salih al-Uthaimin. Al-Sharh al- Mumti, originally, was delivered as a series of lectures over the years, which was then written, compiled and then published by his loyal students into volumes. The aforementioned author of Zad al-Mustaqni al-Hajjawi, is also the author of al-Iqna which serves today as a major reference work for verdicts (Ifta) in Saudi Arabia, along with Muntaha al-Iradat by al-Futuhi. Both of these voluminous manuals have been commented on by several authors. The most famous of those commentaries are Kashaf al-Qina An Matn al-Iqna, which is a commentary on al-Iqna, and Sharh Muntaha al-Iradat, both by al-Buhuti. Notable Hanbali Scholars Many celebrated personalities in the Islamic history received their tutelage in the Hanbali school, in Baghdad, Greater Syria (Sham), Egypt and finally the Arabian Peninsula. The following is a very humble list comprising of some of the notable Hanbalis bar the direct students of Imam Ahmad: Al-Khallal (d. 311) A student of some of the closest companions and students of Imam Ahmad. He is remembered and honoured for collecting the responsa of Imam Ahmad from his students, who were scattered across the Muslim world. al-Khiraqi (d. 334) (who summarised Jami' al-Khallal into a Fiqh manual, the mother of all Fiqh manuals in the Madhab) Ghulam al-Khallal (d. 363) A servant and a devout student of al-Khallal, and author of many works in various sciences. It is reported that, days before his death, in his illness, he said to his companions: I am with you until this Friday. Upon being asked why, he said: al-Khallal informed me from Abu Bakr al-Marrudhi that Ahmad lived until he was 78 and died on Friday. Abu Bakr al-Marrudhi lived until he was 78 and died on Friday. Al- Khallal lived until he was 78 and died on Friday. On Friday, Ghulam al- Khallal breathed his last when he was 78. Ibn Hamid (d. 403) He was a leading authority on the Hanbali school in his time, and known for his frequent performance of Hajj, such that he died on his way back from Makkah. He is regarded to be the last of the early class (Tabaqa) of the Hanbalis. al-Qadhi Abu Ya'la (d. 458) He was born to a Hanafi family, but became a Hanbali after studying under Ibn Hamid. He became the leading authority on the school after Ibn Hamid, who is remembered for spreading the Madhab far and wide. His Hadith assemblies were very popular and attended by thousands of Traditionists, where he would sit on the chair of Abdullah b. Ahmad b. Hanbal and narrate Hadith. Abu al-Khattab (d. 510) A devout student of al-Qadhi Abu Yala, and author of many works in the Madhab, the most important of them: al-Intisar authored as a defence to various Hanbali juristic opinions in comparison to other schools. His students included many prominent Hanbali figures, such as Abd al-Qadir al-Jailani. Abu Ismail al-Harawi (d. 481) A celebrated Hanbali jurist and a theologian, known for his awe-inspiring personality, and ardent enmity towards the Asharites. He was one of the great Sufi figures in the history, who authored Manazil al-Sairin a manual in Tasawwuf which was later expounded by Ibn al-Qayyim in Madarij al-Salikin. He was a fearless defender of the Hanbali faith such that he would often say: Ana Hanbaliyun Mahayiytu fa in amut Fa wasiyati li al-Nasi an yatahanbalu I am a Hanbali as long as I live, and when I die My legacy to the people is to become Hanbalis Abul-Wafa Ali ibn Aqil (d. 488) One of the most intelligent jurists the Hanbalis ever had within their ranks. He was, in his youth, influenced by the Mutazlites and showed admiration for al-Hallaj (a pantheist who pretended to be a Muslim), but soon repented and wrote various rebuttals against the Mutazlites and the Asharites. Ibn al-Jawzi relates that Ibn Aqil once said: I say with utmost certainty that the Companions died having no knowledge of the atoms (Jawhar) or accidents (Aradh). Hence, if you feel that you should be like them, then be! But, if you think that the way of the Doctors of Kalam is better than the way of Abu Bakr and Umar, then how evil is what you think! He left behind many works, amongst them voluminous al-Funun, of which only a small portion is found today. Abdul-Qadir al-Jailani (d. 561) A Hanbali theologian, great preacher and, perhaps the most influential Sufi figure who founded the Qadiriyah way (Tariqa). Although, his life is regarded as a chain of miracles, so much has been claimed about his sainthood by his passionate Sufi followers that very little of his biographical accounts can be verified. The only book one can attribute to al-Jailani with a level of surety is al-Ghunya, in which he spells out his strict adherence to the Hanbali dogma and Law. Ibn al-Jawzi (d. 597) A famous jurist, exegete, critic, preacher and a prolific author, with works on all subjects. He began his preaching career at a very young age and gained popularity amongst the masses. Although, he never met Ibn Aqil, he did receive a fair amount of tutelage from his books, which left him perplexed about the orthodox doctrine of the Hanbali school; as reflected in his theological opinions that are often contradictory, and at times leaning towards allegorical exegesis (tawil) conflicting with the mainstream Hanbali position. His works in theology, thereafter, were criticised by the mainstream theologians of the Madhab, such as Ibn Qudama. Ibn Qudama al-Maqdisi (d. 620) One of the major Hanbali authorities and the author of the profound and voluminous book on Law, al-Mughni, which became popular amongst researchers from all juristic backgrounds. He was also an authority on Hanbali doctrine and a passionate opponent of the Asharites, but that did not prevent him from joining the military campaign of Salah al-Din al-Ayyubi, who was an Ashari, against the Crusaders in Palestine. Majd al-Din Ibn Taymiyah (d. 653) A great jurist, traditionist, grammarian and exegete of Harran. He was the grandfather of the celebrated Sheikh al-Islam Taqi al-Din Ibn Taymiyah. The well-known grammarian and the author of Alfiya, Ibn Malik would hold al-Majd in high regard. He also enjoyed an esteemed position in the Hanbali school, as the term The Two Sheikhs (Sheikhan) would only refer to him and Ibn Qudama. Taqi al-Din Ibn Taymiyah (d. 728) A legendary figure in the Islamic history, known by his friends and foes for his expertise in all Islamic sciences. Aside from being a celebrated scholar, he also gained much prominence due to his fearlessness, zealous activism, political and military campaigns in Damascus against the invading Tatar. Ibn Nasir al-Din al- Dimashqi in his book al-Radd al-Wafir mentions 87 scholars from all schools who referred to Ibn Taymiya as Sheikh al-Islam, a prestigious title given only to jurists and traditionists whose verdicts reached a high level of fame and acceptance. His fame also earned him many envious enemies who continued to conspire against him, until he was imprisoned in the citadel of Damascus and died therein. His funeral was attended by a mammoth number of inhabitants of Damascus, while the funeral prayer in absentia was prayed over him throughout the Islamic world. He is remembered for his invaluable contributions, not only to the Hanbali school of jurisprudence and theology, but also to the rich Islamic heritage. He also produced many students of high calibre. Names such as Ibn al-Qayyim, al- Dhahabi and Ibn Kathir are but some of his virtues. Ibn Qayyim al-Jawziya (d. 751) The closest companion and a student of Ibn Taymiyah who shared with him the moments of ease and hardship, until the latters death in the citadel. His works in various Islamic sciences earned him much acceptance and fame. Some of his important works include Zaad al-Maad in Seerah and Fiqh, Ilam al-Muwaqqiin in Usul al- Fiqh, and al-Kafiyah fil-Intisar lil-Firqat al-Najiyah, an ode rhyming in the letter Nun on Hanbali theology, which is taught and studied in Hanbali schools until today. Ahmad ibn Abdil-Hadi (d. 744) A devout and close student of Ibn Taymiyah and an expert traditionist. He wrote at length the legendary accounts of his beloved teacher Ibn Taymiyah. He is also the author of al- Sarim al-Munki fi al-Radd Ala al-Subki, a violent rebuttal of al-Subkis attempt to justify taking long journeys for the visitation of the Prophets grave. Unfortunately, he died before completing this book at the age of forty. Najm al-Din al-Tufi (d. 716) The author of several important works, such as the summarisation of Rawdat al-Nadhir by Ibn Qudama, also known as al-Bulbul, widely taught until today. In spite of being a Hanbali in Fiqh, he would often refer to himself as an Asharite and extreme Shiite. He was chastised in public and imprisoned several times for his unorthodox views. Although, his repentance is reported; however, Ibn Rajab doubted the sincerity of his repentance. Shams al-Din b. Muflih (d. 763) One of the leading authorities in Hanbali Law who received his tutelage amongst several prominent Hanbali figures, including Ibn Taymiyah. He gave particular attention to the juristic preferences of Ibn Taymiyah, and included them in his voluminous and renowned masterpiece on Hanbali jurisprudence known as al-Furu. Ahmad b. Qadhi al-Jabal (d. 771) A chief judge and a devout student of Ibn Taymiyah. He is regarded to be the leading Hanbali poet of his time. He would often recite the following: Nabiyi Ahmad wa Kadha Imami wa Sheikhi Ahmad Ka al-Bahri Tami wa ismi Ahmad Li Dhaka Arju Shafa'ata Ashrafi al-Rusul al-Kirami My Prophet is Ahmad, and so is my Imam My Sheikh, Ahmad (b. Taymiya), is like an ocean abundant with knowledge My name is Ahmad and henceforth I wish for The intercession of the most noble of the Messengers Ibn Rajab al-Hanbali (d. 795) A prominent jurist, traditionist, ascetic and preacher, who authored several important works, largely commenting upon famous collections of traditions, such as al-Tarmidhi, al-Bukhari and the forty Hadith of al-Nawawi. His teachers include Ibn al-Qayyim, under whom he learnt his famous Hanbali ode al-Kafiyah. Ala al-Din Al-Mardawi (d. 885) A chief judge and one of the foremost specialists in the Madhab amongst the latter Hanbali generations. He is the author of al-Insaf, a rich commentary on al-Muqni of Ibn Qudama, where he lists the variance of opinion, then declares the correct position in the school. Sharaf al-Din Al-Hajjawi (d. 968) A distinguished figure amongst the latter Damascan Hanbali scholars, and the author of two important manuals that were to remain the basis for verdicts amongst the Hanbalis until today: Zad al-Mustaqni, a summarisation of al-Muqni; and al-Iqna. Ibn al-Najjar al-Futuhi (d. 980) A notable Egyptian Hanbali authority and the author of Muntaha al-Iradat, which were to become another widely accepted manual amongst the latter Hanbalis, along with al-Iqna. Mari b. Yusuf al-Karmi (d. 1033) A Palestinian born scholar who resided in Egypt and wrote extensively on various sciences. He is particularly remembered for making two important contributions to Hanbali Fiqh: i) Ghayat al-Muntaha, which came as a merger between the two relied-upon manuals, al-Iqna and Muntaha al-Iradat; and ii) Dalil al-Talib, a summarisation of Muntaha al-Iradat. This manual received various commentaries, the most famous of which is Manar al-Sabil, by Ibn Dhuwayan. Mansur b. Yunus al-Buhuti (d. 1051) An Egyptian jurist of great stature, held in much respect for his invaluable contribution to the Hanbali School. His works mostly comprise of commentaries on various manuals, such as al-Rawdh al-Murbi, a commentary on Zad; Kashaf al-Qina, a commentary on al-Iqna; and a commentary on Muntaha al-Iradat. He became the centre of learning for the Hanbalis from Jerusalem, the Greater Syria and Najd. Abd al-Baqi al-Hanbali al-Bali (d.1071) A jurist and a traditionist who received his tutelage from al-Azhar. He assumed the position of Ifta for the Hanbalis in Jerusalem, and dedicated his life to learning and teaching various sciences. Ibn al-Imad (d. 1089) A Syrian-Hanbali scholar and the author of a large biographical history, known as Shadharat al-dhahab fi akhbar man dhahab, covering the Hijra years one to 1000. Abu al-Mawahib al-Hanbali (d. 1126) A Damascan Hanbali traditionist and a leading reciter of the Quran, who wrote extensively on various topics. Due to his known piety, he would often be asked to lead the prayer for rain (Salat al-Istisqa), as occurred in the year 1108 when Damascus was hit by a drought. Abu al-Mawahib then led the masses in prayer, beseeching Allah for rain, and his prayer was instantly answered. Muhammad Al-Saffarini (d. 1188) A traditionist and jurist and a profound writer on various issues. He is most commonly famous for his poetic treatise on Hanbali theology called: al-Durrah al-Mudhiyah fi Aqd al-Firqat al-Mardhiyah, which generally falls in line with the mainstream Hanbali dogma, bar few instances. However, in his commentary, known as Lawami al-Anwar al-Bahiyah, he often tends to contradict his poem, in agreement with the mainstream Hanbali doctrine. His poem, nevertheless, still remains popular amongst Hanbali students. Muhammad b. Abd al-Wahhab (d. 1206) A leading Hanbali jurist and a theologian of Najd; more notably remembered as the pioneer of the revivalist movement which began in the Arabian Peninsula, and continued to influence various Islamic movements until today. The focus of his call was to revive the true Islamic monotheism which in Najd had been tainted over the years with various pre-Islamic and pagan practises. After a period of persecution, he was finally triumphant, joining forces with the leader of al-Dariyah, Muhammad b. Suud (Saud). Sulaiman b. Abd Allah b. Muhammad b. Abd al-Wahhab (d. 1233) Grandson of Muhammad b. Abd al-Wahhab, who excelled in traditions, Fiqh and theology. He was brutally executed on the orders of the viceroy of Egypt, Ibrahim Pasha, by a firing squad in a graveyard. His flesh was then collected and buried. Fatima bint Muhammad al-Hanbaliyah (d. 1247) A famous female scholar of traditions, Fiqh, an ascetic and a popular preacher. She died in Makkah and was buried in al-Mulla graveyard. Abdullah Aba Butain (d. 1282) The grand Mufti of the 13th Islamic century Najd, and an undisputable Hanbali authority on Fiqh, traditions and theology. He was also a great admirer and defender of Ibn Abd al-Wahhab. Uthman b. Bishr al-Najdi (d. 1290) A Najdi historian and a follower of Ibn Abd al-Wahhab, known for his work on history: Unwan al-Majd fi Tarikh Najd. Muhammad b. Humaid al-Najdi (d. 1295) A Hanbali jurist, traditionist , historian, and an ardent enemy of Ibn Abd al-Wahhabs followers, in spite of being a student of Aba Butain and a great admirer of Ibn Taymiyah and Ibn al-Qayyim. He is the author of al-Suhub al-Wabila ala Dharaih al- Hanabilah, which is a continuation of Dhail Tabaqat al-Hanabila of Ibn Rajab. Hamad b. Atiq (d. 1301) A jurist and a judge in al-Kharaj, and then al- Aflaj, and an author of several works in theology and Fiqh. Ahmad b. Isa al-Najdi (d. 1329) A jurist, traditionist, theologian, a student of Aba Butain and a passionate follower and a propagandist of Ibn Abd al-Wahhabs revivalist movement. He would travel to Makkah, the centre of the Islamic world, and would often discuss theology with various scholars of the Muslim world. He managed to earn great respect from the Sharif of Makkah, who, at his encouragement, demolished all the domed- tombs in al-Mualla graveyard. His invaluable contributions include his two volume commentary on al-Nuniyah of Ibn al-Qayyim in theology. Abd al-Qadir b. Badran (d. 1346) A Damascan scholar in Fiqh, Usul al-Fiqh, theology, grammar, and a great enthusiast for Ibn Abd al- Wahhabs movement. He was initially a Shafii, and later, after much research and investigation decided to be a Hanbali. His invaluable contributions to the Madhab include: al-Madkhal ila Madhab al-Imam Ahmad, an all-round introduction to the Madhab; a commentary on Ibn al- Qayyims al-Nuniyah; a commentary on a Hanbali manual on Usul, Rawdhat al-Nadhir by Ibn Qudama, and many other works. Abu Bakr Khuqir (d. 1349) A prominent Hanbali scholar of Makkah, and a student of Ahmad b. Isa. He was an outspoken propagandist of Ibn Abd al-Wahhabs movement, due to which he was imprisoned along with his sons, while the eldest of them died in prison. He was eventually released upon Abd al-Aziz b. Suuds conquest of Makkah, where he was, thereafter, appointed as a Mufti for Hanbalis. His contributions mainly comprised of works and rebuttals on theological issues. Ibrahim al-Duwaiyan (d. 1353) A jurist, traditionist, genealogist and a judge in Qasim, most notably known for his commentary on Dalil al-Talib, called Manar al-Sabil. Abd al-Rahman b. Nasir al-Sadi (d. 1376) A prominent jurist, exegete, grammarian with a great interest in poetry. He contributed many works in different subjects, the most of celebrated of them: Taysir al-Karim al-Mannan in exegesis; Manhaj al-Salikin a primer in Fiqh. His students include Muhammad b. Salih al-Uthaimin and Abdullah b. Aqil. Muhammad b. Ibrahim (d. 1389) The Grand Mufti of Saudi Arabia, and a prominent Hanbali jurist. He played a leading role in the development of some important legal and educational institutes. His students include: Ibn Baz, Muhammad b. Abd al-Rahman al-Qasim and Abd Allah b. Jibrin. Abd al-Rahman b. Qasim (d. 1392) A prominent jurist, traditionist and a theologian, who is particularly esteemed for the most valued contribution to the Islamic heritage in this age, a 35-volume Majmu al-Fatawa of Ibn Taymiyah. His seven-volume commentary on al-Rawdh al-Murbi has also become considerably popular amongst the latter Hanbalis. Abd al-'Aziz b. Baz (d. 1420) The Grand Mufti of Saudi Arabia after his teacher, Muhammad b. Ibrahim, and a leading figure in the Islamic Dawah. He was a Mujtahid in Hanbali Madhab, and was referred to by some as the leading authority on orthodox Islam (Imam Ahl al-Sunnah). Muhammad b. Salih al-Uthaimin (d. 1421) A leading jurist, grammarian, linguist, and a popular preacher. A close and devout student of Abd al-Rahman al-Sadi, and a commentator on Zad al-Mustaqni; his commentary is known as al-Sharh al-Mumti. His students include Ahmad al-Qadhi, Khalid al-Muslih, Khalid al-Mushayqih, and many others. Abdullah b. Aqil A jurist and formerly chief justice in Saudi Arabia. One of the closest students of Abd al-Rahman al-Sadi, who is known today as Sheikh al-Hanabilah. His close students include: Dr. al-Shibl, Haitham al-Haddad and Anas b. Aqil, his grandson. Bakr b. Abd Allah Abu Zaid A jurist, traditionist, linguist and a profound author of many works. His important contributions to the Hanbali Madhab include al-Madkhal al-Mufassal ila Fiqh al-Imam Ahmad b. Hanbal, a two-volume in-depth introduction to the Madhab, which serves today as one of the main reference work on the school. Increasing Number of Hanbalis Historically, the Hanbali Madhab has always been known for having fewer followers comparatively to the remaining schools. Some even argued that the small number of followers was indicative of an inherent weakness of the Madhab and its lack of popularity. Hanbalis often responded with the following verse of poetry: Yaquluna fi ashabi ahmada qillatun Fa qultu lahum inn al-kirama qalilu They say of Ahmads followers: How few they are! Thus, I said to them: The dignified are always few The secret behind the spread of any particular Madhab, or lack thereof, has mainly been the authorities, responsible for bestowing the Islamic courts to one faction, at the expense of the other. In a land where courts were dominated by a particular Madhab, a student qualifying in a different Madhab had no future, and consequently, was forced to migrate, or embrace the native Madhab, or conspire with fellow Madhabists to seize the courts for themselves, by any means necessary. This was one of the main reasons behind Hanafi-Shafii rivalry in the Islamic history, which at times led to violent clashes. The Hanbalis, however, had an inherent tendency of declining lofty positions offered by the authorities. Hence, Abu al-Wafa Ibn Aqil al-Hanbali remarks that the Hanbali Madhab has been oppressed by none other than Hanbalis themselves. For whenever a Hanbali would excel in knowledge, he would submerge himself in worship and gratitude to Allah, embrace the ascetic life (Zuhd) and divorce himself from fame, status and worldly life. This was also confirmed by a prominent Shafii traditionist and a historian, al-Dhahabi, in his book Zaghl al-Ilm where he describes the Hanbalis with similar distinguishing qualities. The Hanbalis had remained an insignificant minority, and perhaps, close to extinction, until Muhammad b. Abd al-Wahhab arose in Najd forming an influential revivalist movement, with the aim to purify the true understanding of Islamic monotheism, in a society stained with pre-Islamic pagan beliefs and practices. After a period of persecution and exile, he joined forces with Muhammad b. Suud and successfully revived the enforcement of the much- neglected Shariah laws. It is solely to the credit of the Wahhabist revivalist movement, that until today, the courts in the Arabian Peninsula are predominantly Hanbali, bar some areas to the south near Yemen, which still remain Shafii. The significance of the Wahhabist call is demonstrated in an undeniable fact that nearly all Islamic reformist movements in the 20th century, directly or indirectly, are influenced by the basic call of Ibn Abd al-Wahhab. Egypt, for example, apart from being the centre for Ashari learning, with its political life dominated by a brutal socialist-dictatorship, has been historically at odds with the followers of Ibn Abd al-Wahhab; yet, one cannot but notice that the majority of The Youth of Awakening (Shabab al- Sahwah) are somewhat more inclined towards the Wahhabist thought than the dogma propagated by the local Azharites. Hence, it comes at no surprise that Wahhabism has been singled out as an ideological target in the so-called War on Terror. A scant reading of the Islamic history illustrates that the Hanbalis are known for having an outstanding character, fearlessness and eagerness for enjoining the good and forbidding the evil, with Imam Ahmad setting the precedence by remaining steadfast during the inquisition. After the demise of Imam Ahmad, the Hanbalis grew stronger in Baghdad, and as Ibn Asakir notes, they would patrol the streets, during which, if they noticed a man with an unrelated woman, they would report him to the police; or if they noticed a musical instrument or a bottle of alcohol, they would smash it. Al-Khiraqi, who was the first Hanbali scholar to write a Fiqh manual, died after being severely beaten while attempting to combat evils in Damascus. Ibn Taymiyah would likewise patrol the streets with his students, during which, if they noticed anyone playing chess they disrupt the game; or if They saw utensils of alcohol or musical instruments, they would smash them. Ibn Taymiyah was also greatly admired for his fearless encounter with the ruthless Mongolian invader of Damascus, Qazan; as he is also remembered for his frequent imprisonment for in defence of the orthodox doctrine.

The Life of Imam Ash- ShafiI (Rahimahullah) (d. 204 A.H. / 820 C.E.)[footnoteRef:9] [9: islamichistory.com/imam-al-shafii-the-father-of-usul-al-fiqh/]

Abu Abdullah Muhammad bin Idris ash-Shafii was a descended from the Hashimi family of the Quaraish tribe to which the Holy Prophet (SAW) belonged.

He was born in Gaza, Palestine, and was raised in Makkah, his parents home town. He memorized the holy Quran while he was still a young child. When he reached fifteen, his knowledge was so thorough, Muslim Ibn Khalid Al-Zinji, the Mufti of Makkah, told him: O Abu Abdullah, give fatwa (religious rulings), for by Allah it is time for you to do so!

Al-ShafiI travelled extensively for the sake of spreading knowledge.[footnoteRef:10] He went to Madinah, met Imam Malik, memorized many hadith, and learned the Muwatta of Imam Maliki. He also visited Iraq twice. By the second time he arrived there, he was so famous for his knowledge, that many Iraqi scholars followed him and rejected the innovations and deviations they espoused before. He then left for Egypt where he stayed until he died in 204 Hijri. There he taught the jurisprudence of the Quran and Sunnah. He also taught linguistics, poetry and genealogy, and debated people who were fanatically following their madhahib (schools of thought). Most of them were of the Maliki school of thought. They saw in him a wise and pious man so acquainted with their madhahib but without any fanaticism. Through him, they were able to see their flaws, and learned to seek the truth wherever it was. [10: MOHAMMEDAN LAW(11TH EDITION) - B.R VERMA ]

But what earned Al-Shafii the title of the revivalist of the second century was that he was the one who put the fundamentals of jurisprudence (usul Al-Fiqh). Scholars before him used to gather the ahadith they heard in their countries, and when a hadith seemed in contradiction with another, they used their personal judgment to decide which one is the most acceptable.

Then at the time of Al-Shafii, the Prophets ahadith were gathered from different countries, and the disagreements among the scholars increased until Al-Shafii wrote his famous book, Al-Risalah, which is considered the foundation of Islamic jurisprudence. In it, Al-Shafii relied on the literal meaning of the Quran, then on the authentic Sunnah. He strongly argued for the acceptance ahadith provided they were authentic. He considered following and applying the Sunnah as equally important as following the Quran. He supported the use of consensus and discouraged the use of ones personal judgment without relying on the Quran, the Sunnah, the consensus or the juristic reasoning by analogy (Qiyas). One of the things that distinguished Al-Shafii from other scholars was that he himself wrote the fundamentals of his school of thought, as well as other books that are considered the body of his jurisprudence.

Al-Shafii revival movement had many achievements:He brought people back to follow the Sunnah after a lot of confusion had spread among them.

He was committed to relying on evidence, and rejecting blind imitation. He said: If a hadith is proved authentic, then it becomes my belief. He also said: If you see that my words contradict the hadith, then apply the hadith and disregard my words.When he saw the opinions of some scholars before him were not based on the Quran or the Sunnah, and had no foundations, he worked toward putting the fundamentals of jurisprudence, and wrote down his famous book, Al-Rissalah.He was the first to distinguish and separate between the application of discretion in legal matters (Istihsan), and the juristic reasoning by analogy (Qiyas).He did not confine himself to the knowledge of hadith or fiqh, but he was also well versed in Arabic linguistics, poetry, and genealogy. Al-Karabissi, a famous scholar of the time of Al-Shafii said: I have seen nothing nobler than Al-Shafiis study sessions. People of hadith used to attend them as well as people of jurisprudence and poetry. Most of the well-known scholars in poetry and linguistics used to visit him, and they would listen to his discourse on all these disciplines.Baghdad in Iraq and Cairo in Egypt were the chief centres of Imam Shafiees activities. It is from these two cities that teachings of the Shafi-ee school spread. During the time of Sultan Salahuddeen (Saladin), the Shafi-ee Madhhab was the most prominent in Egypt, and to this day the Imam of the Al-Azhar Masjid is always a Shafi-ee and the Shafi-ee Madhhab is industriously studied along with that of the other three schools of the Sunnis.During his life Imam Shafi-ee also suffered from political intrigues. For instance, after studying under Imam Malik in Medina he was sent to fill an office in Yemen, where he was accused of political involvement which resulted in his arrest.He was taken as prisoner to Haroun al-Rasheed. The Khalifah however found him innocent and the Imam was honourably released.

Principles of Shafii SchoolAccording to the Shafiis, the term taharah refers to two things, the first of which is an action by virtue of which one is permitted to perform ritual prayer. Such an action might be wudu, or minor ritual ablutions, ghusl, or major ablutions, tayammum, or sand ablutions, the removal of substances which are ritually impure, and so forth, as well as an action with a similar meaning and form, such as sand ablutions, Sunnah-based major ablutions [that is, the performance of major ablutions when one is not obliged to according to Islamic law, but as a means of emulating the practice of the Prophet - t.n.], or repeating one's minor ritual ablutions for the sake of drawing near to God. What this means is that placing water on one's face and other members of the body with the intention of performing ritual ablutions is referred to as taharah, since the word taharah is a verbal noun describing someones action. As for the phrase, "or an action with a similar meaning and form,"The second element included in the Shafiis' definition of taharah is the elimination of hadith or the removal of najdsah, that is, ritual impurity, or an action with a similar meaning and form, such as sand ablutions, Sunnah-based major ablutions, etc. Taharah is in fact the spiritual condition which results from the action. Ritual impurity is removed through minor or major ablutions; hence, the removal is based on the action of an individual, and this is what is meant by taharah. However, when the term taharah is thus applied to the action itself, this involves metaphorical speech in which the result, namely, the state of ritual purity, is spoken of by referring to its cause, namely, the action of removing the impurity.As for the Hanbalis, they hold that taharah in its legal sense is the removal of hadith and any action bearing the same significance, as well as the removal of najas or the condition associated with it. What is meant by the removal of hadiths is the removal of the condition which prevents one from praying and the like, since hadith is essentially a legal state which affects the entire body or some of its members. Hence, being purified from this condition or state entails its removal. When the Hanbalis speak of "any action bearing the same significance", they mean any action that has the same meaning as the removal of hadith. An example of this is the act of performing major ablutions on someone who is deceased, since the ritual bathing of a deceased person is done not to remove ritual impurity, but rather as an act of piety and devotion. The same is true of repeating one's ritual ablutions even though one is already in a state of ritual purity or performing major ablutions based on the example of the Prophet. After all, these two practices bear the same significance as obligatory ablutions even though they do not serve to remove any actual impurity.

Characteristics & Distinguishing Qualities[footnoteRef:11]

Imam Shafii was luckiest among all the Imams that he was bestowed comprehensiveness. Due to stay in Hijaz. He gathered a pile of Ahadith and traditions. Makka was his native place; he attended Imam Malik in Medina. Then, he explored Iraq and Egypt. Thus, he became a great scholar of Hadith in his age. In the field of Fiqh, he learnt the derivation style of Hadhrat Abdullah bin Abbas in Makka and that of Hadhrat Umar and Abdullah bin Umar in Medina from Imam Malik. Then, in Iraq he learnt Hanafi Fqih from Imam Muhammad, in Syria he learnt the Fiqh of Imam Awzaee and in Egypt the Fiqh of Imam Lais bin Sad. Besides, he was conferred with a tremendous power of imagination and accumulation and best of interpretative styles. So he absorbed the virtues of all the Fiqhi schools and avoided the positions that were not up to his standard. Till his age, the compilation of Hadith had begun and he himself had collected Ahadith exploring different cities. He observed that the other schools of Fiqh have applied analogy in matters about which Hadith is found so he extracted rulings according to Hadith. So, the tendency to support and defend Hadith overpowered him. The scholars of Fiqh in Iraq had conditioned that only the Ahadith will be accepted that are narrated by a number of people, and the scholars of Medina were of the opinion that only the Ahadith will be accepted that match the practice of Medina citizens. He opposed them and did not allow widening the area of analogy.

The Fiqh Shafii bear this characteristic that the founder of this Fiqh himself compiled a big part of his School. Thus, he recorded the rules and regulations and the derivation method of his Fiqhi School in the shape of a book. And, with his best power of interpretation he proved his methods and styles. The other distinct feature of this Fiqh is that the founder himself spread and publicized his Fiqh traveling in different cities. This was the reason that great Islamic scholars were among his followers and students. Great scholars of Hadith and compilers of Hadith books tended to this Fiqh and genius personalities of Islamic history followed it. [11: http://islamic-laws.com/articles/sunnischools.htm]

According to the great Indian Hanafi scholar, Shah Waliullah, the Shafi'i madhab is distinguished among all the Sunni schools in having the most illustrious Islamic scholars in history, in all fields, among its followers.[footnoteRef:12] As al-Shafi'i emphasized the importance of muttasil (connected) and Ahad (singular) hadith whilst undermining the relevance of mursal (skipped) hadith, his madhab found particular favour among hadith scholars. [12: http://en.wikipedia.org/wiki/Shafi%27i]

In terms of followers, Shafi'i is the second largest school of the Sunni branch of Islam after the Hanafi madhab. It is practiced by approximately a third (33.33%) of all Sunni Muslims, or around 29% of all Muslims worldwide including the Shia.

Shafii Law of ZakatShafii law defines zakat as growth, blessings, and an increase in good, purification, or praise. Zakat is defined as being a particular amount of property that must be paid to certain kinds of recipients and under certain conditions. The conditions state that a person who is considered to be under an obligation to pay zakat must:i) Be Muslim ii) Be free, irrespective of whether he is male, female or child iii) Possess a sufficient amount of property to pay zakat iv) Pay the obligatory zakat once a lunar yearShafii law specifically stipulates that a non-Muslim is not obliged to pay zakat. This also includes apostate. However should an apostate return to Islam, he is liable for that amount of zakat during which he was out of Islam. The law also asserts that subsequent to the death of an apostate, his property is not subject to zakat since it automatically becomes the property of the Islamic state.In circumstances where property belongs to a child or mentally disabled person, his guardian is obliged to pay zakat due on that property. Should his guardian fail to pay zakat at the relevant period, the child upon reaching puberty or the insane upon becoming same is required to compensate that which has been previously neglected.The following types of goods are subject to zakat: (i) livestock, which includes a house, animals such as camels, cattle, sheep and goats; (ii) some food crops, which include staple types that are cultivated, dried and stored such as wheat, barley, millet, rice, lentils, chickpeas, broad beans, grass peas and as well as raw dates and grapes; (iii) gold and silver; (iv) trade goods; (v) mined wealth, which is restricted only to valuable metals such as gold and silver; (vi) wealth from treasure troves.With the exception of zakat that is paid on an annual basis, Shafii law as well as the other schools has established that zakat is to be paid at Eid al-Fitr. This should be paid by every free Muslim who has sufficient funds to pay zakat and must be paid between the night before and on the day of Eid al- Fitr. A person who pays such zakat should also pay zakat to those who are dependent upon him. In circumstances where a husband is considered to be poor and by contrast his wife rich, the latter is not obliged to pay for her husband.Should a person not pay zakat for one year and thereafter delay payment for several years, he is obliged to pay on what he ought to have paid during the first year for each year he avoided payment. If the property perishes or is destroyed for the period in which zakat would otherwise become due, he is exempt from payment. However if only a part of the property has been destroyed or perished, then he is proportionally liable for that part that is intact. Accordingly, he will be liable to pay 2.5% of the value of the remaining property and not of the whole property in general. If however the property subject to zakat perishes or is destroyed subsequent to a neglect to pay zakat, then zakat is due on the property as a whole.A person is not liable for zakat payment if his ownership ceases during any period of a year or if he dies. If a person deliberately gives up or relinquishes his property in order to avoid the payment zakat, then such a deed is considered offensive. Where a person sells part of his property that is subject to zakat and remains in ownership of another, upon which zakat is not payable, his sale is deemed invalid. By contrast, if he were to only sell that part that is not subject to zakat then his sale is considered to be valid.Students may be asked whether a person should be obliged to pay zakat in respect of property that has previously:i) Been wrongfully seized from him ii) Been stolen iii) Been lost iv) Fallen into the sea v) Been loaned to someone who is tardy for payment; however he recovered them at the moment of payment.Interestingly, Shafii law obliges a person to pay zakat even for the duration that the property was out of his possession. It does however stipulate that where the value of the property diminishes whilst it has been absent, the owner is free from any obligation to pay. Should a person fail to regain his property for reasons beyond his control, he is not liable for payment of zakat.What happens if a person pays a lump sum when he has the option to pay in instalments? An example to illustrate this would be the tenant who pays the rent for the entire duration of his stay in advance. Here the landlord will be separately responsible for the payment of zakat for the first and second year of the tenancy agreement. Thereafter the obligation to pay the zakat lies on the tenant, although it is unclear as to why this onus is transferred after a period of two years.Shafii law also obliges a person to pay zakat on property even though he may have debts that are equal to the property. It is somehow paradoxical since state funds which are formed from zakat payments are also intended to help a person who has debts.

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