Sharia Group Assignment

8/2/2019 Sharia Group Assignment

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INTRODUCTION

To say usul al fiqh is one of the most challenging sciences

will not be an overstatement. Those who become proficient inthis science undoubtedly become an inch closer tothe lofty

status of a mujtahid.

Usul al-fiqh concentrates on the procedures by which legal rules

may be deduced from the source materials of the Shariah. The

sources of shariah are of two kinds: revealed and non-revealed.Whereas the former provide the basic evidence and indications

from which detailed rules may be derived, the latter provide the

methodology and procedural guidelines to ensure correct

utilization of the source of evidence.

The words Usul al fiqh are composed of two words: Usul

and fiqh. Usul is the plural of asl, which is commonly translated

as foundation, root or origin. Fiqh is translated as

jurisprudence. Hence, Usul al fiqh will be translated as the

foundations of fiqh or the origins of fiqh.To deduce the rules

of fiqh from the indications that are provided in the sources is

the expressed purpose of usul al-fiqh. To say that usul al-fiqh is

the science of studying the sources as well as the methodology

of the law is accurate. The Quran and Sunnah constitute the


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sources as well as the subject matter, to which the methodology

of usul al-fiqh is applied.

Despite the initial resistance that it encountered, thetraditionists position steadily gained ground at the expense of

the influence of the ancient schools of law in the second century

after the death of the Prophet. The ancient schools did not

disappear but adapted in differing degrees to the new trends in

legal thought. It is in the second century AH (ninth century CE)that the foundations were laid for the development of what were

subsequently to become the classical Shariah schools. Each

school came to be referred to by the name of an eponymous

founder, but it should be noted that the views of the scholars

who gave their names to schools did not always prevail among

their immediate disciples, much less among their later followers.

The science of fiqh developed the development of Shariah

principle which seriously relied on the Quran and together with

ijma on Shariah. They are much relied on the tradition of the

prophet and in so doing, the tradition which said:

Hold fast to my sunnah and the sunnah of the kalafa-


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Arrashidun. They are the best of the generation i.e the

generations of sahaba, then understanding of islam is

higher.

They had the best understanding of the Quran. They know

all the occasion and reasons upon which the verses of the holy

Quran were revealed and had serial contacts with the prophet

(S.A.W.). So for these reasons, the Fraqahaor Ijmaof the Sahabaare highly regarded.

Note that it is not all the categories of the opinion of sahaba

that scholars subject to ijtihad opinion. Some opinions are out

rightly accepted by the scholars. The perception therefore, in

relation to such issues by the sahaba differs and the sameperception brought about the difference in opinion among the

Islamic fuqaha. Even among the sahaba, there are three

categories:

1. Kulafa-Arrashidun

2. The learned among the sahaba such as Abu Hurraira and

others.


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3. The others.

Algazali observed that whenever there are differences

among the opinions, the opinions of the kulafa arrashidunwas themost acceptable and where the Kulafa-Arrashidun different in

opinion on the same issue of the opinion ofAbubakarand

Umar.The faqaha emerged immediately to the companion, the

companion is to say most of them and not of all them are

tabuun and the little doubt in the above statement has a result of

the fact that it is very difficult to draw an accurate line of

demarcation between the period of the first faqaha.

The early faqaha have agreed on the sunnah been the

second to thje holy Quran as a sources of law. They strongly

rely on the opinion that says:

Whoever obeys the messenger is obey Allah.


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Hanafism

Imam Abu Hanifah al-Numan b. Thabit (80- 148 AH),

The Hanafiyyah School is the first of the four orthodox

Sunni schools of law. It is distinguished from the other schools

through its placing less reliance on mass oral traditions as a

source of legal knowledge. It developed the exegesis of the

Qur'an through a method of analogical reasoning known as

Qiyas. It also established the principle that the universal

concurrence of the Ummah (community) of Islam on a point of

law, as represented by legal and religious scholars, constituted

evidence of the will of God. This process is called ijma', which

means the consensus of the scholars. Thus, the school

definitively established the Qur'an, the Traditions of the Prophet,

ijma' and qiyas as the basis of Islamic law. In addition to these,

Hanafi accepted local customs as a secondary source of the law.

HISTORY

The Hanafi School of law was founded by Nu'man Abu

Hanifah (d.767) in Kufa in Iraq. It derived from the bulk of the

ancient school of Kufa and absorbed the ancient school of Basra.


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Abu Hanifah belonged to the period of the successors (tabi'in) of

the Sahabah (the companions of the Prophet). He was a Tabi'i

since he had the good fortune to have lived during the periodwhen some of the Sahabah were still alive. Having originated in

Iraq, the Hanafi School was favoured by the first 'Abbasid

caliphs in spite of the school's opposition to the power of the

caliphs.The privileged position which the school enjoyed under

the 'Abbasid caliphate was lost with the decline of the 'Abbasidcaliphate. However, the rise of the Ottoman Empire led to the

revival of Hanafi fortunes. Under the Ottomans the judgment-

seats were occupied by Hanafites sent from Istanbul, even in

countries where the population followed another

madhhab.Consequently, the Hanafi madhhab became the only

authoritative code of law in the public life and official

administration of justice in all the provinces of the Ottoman

Empire. Even today the Hanafi code prevails in the former

Ottoman countries. It is also dominant in Central Asia and India.

There are no official figures for the number of followers of the

Hanafi School of law. It is followed by the vast majority of

people in the Muslim world. Main Centre: The school has no

headquarters as such. It is followed by the majority of the


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Muslim population Of Turkey, Albania, the Balkans, Central

Asia, Afghanistan, Pakistan, China, India and Iraq.

Al-Madh'hab Al-Hanafi

Al-Madh'hab Al-Hanafi was the product of the Fiqh rules and

regulations as taught by Abu Hanifa. As in other Islamic

Schools of Thought Abu Hanifa's Fiqh deals with tawhid,

elements offaith, elements ofworship(pillars of Islam),

the halal and haram, ethics, dealing with other people

(Mu'aamalat).

FEATURES of Al-Madh'hab Al-Hanafi

The Al-Hanafi School of Thought tends to put more emphasis

on Qiyas (Analogy) and Raa'y (personal opinion) than an

emphasis on Hadith choices, and the deductions there from. It

does not acknowledge the Imamah of Ahlul Bayt. The Hanafi

School of Thought began its popularity in the last quarter of the

second century Hijrah.


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ABU HANIFA (HEAD OF AL-MADH'HABAL-HANAFI: 80H-150H )

Abu Hanifa was born in 80H, grew up to be brilliant andinquisitive; he was a good business man, in charge of an

enterprise dealing in the silk industry. He was the employer of

many men, managing his enterprise in Kufa well. Abu Hanifa's

keen interest in researching Islamic sciences led him to Basrah

many times. At first both Al-Hasan Al-Basri and Abu Hanifawere associated with Murji'ah philosophy but later on Abu

Hanifa dissociated himself from the movement. During his

youth Abu Hanifa visited Hijaz to have a dialog with

Imam Muhammad Al-Baaqir (the father of Al-Saadiq).

The brother of Al-Baaqir, Zaid Ibn Ali, was revered for his

Islamic learning. Zaid Ibn Ali revolted against the oppression of

Benu Umayya government in 121H, and Abu Hanifa

encouraged people to join and support Zaids revolt. Once the

revolt was put down, the 41 year old Abu Hanifa was put in jail

because of his support of Zaid. Shortly after, Abu Hanifa

escaped from jail and left for Medina to join Al-Saadiq's

discourses and teachings at the Institute of Ahlul Bayt.


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Abu Hanifa's experience was unique at the Institute, whereby

his tutoring took two years. He referred to those years saying:

Were it not for the two years, Abu Hanifa would have gone

astray,

for such was the Institute's influence on his views,Fiqh, analogy,

and the manner ofthinking.Abu Hanifa was a lover of Ahlul Bayt, and he supported the

revolts lead by their devotees. Besides his support of the revolt

by Zaid Ibn Ali against Benu Umayya (when as a result Abu

Hanifa was put in jail), Abu Hanifa also supported the revolt

lead by Muhammad Dhul Nafs Al-Zakiya and his brother

Ibrahim, against Benu Abbas during the Khilaafah of

Al-Mansoor. Abu Hanifa urged people to join and participate in

the revolt saying:

He who is killed fighting on the side of Muhammad Dhul Nafs

Al-Zakiya will be parallel to the one who has fought in Badr Battle

against the infidels.

When his writings were later discovered, Abu Hanifa

became a suspect in the eyes of Khalifa Al-Mansoor. At a later


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time, and in a move to discredit Al-Saadiq, Khalifa Al-Mansoor

asked Abu Hanifa to quiz Al-Saadiq withforty Fiqh most

complex queries. Though obliging to Al-Mansoor's dictates,Abu Hanifa became mesmerized by Imam Al-Saadiq's answers

to the queries and he acknowledged the uniqueness of the Imam

in knowledge. Consequently, Al-Mansoors move to discredit

Al-Saadiq misfired, discrediting himself instead.

Abu Hanifa had tutored 36 students to become scholars inIslam. Particularly famous among them wereIbn Al-Hudhayl,

Abu Yusuf, Muhammad Al-Sheybani, andAl-Lu'lu'i. Though 3 years

older than Al-Saadiq, Abu Hanifa died in150AH two (2) yearsafter Al-Saadiq's death. Abu Hanifa is claimed to have died in

prison or soon after he was released, because of poisoning by

Khalifa Al-Mansoor. It is thought that Khalifa Al-Mansoor had

put the aging Abu Hanifa in jail because of either not agreeing

with Al-Mansoor's dictates, or that Al-Mansoor discovered the

support Abu Hanifa gave to the revolt by Muhammad Dhul Nafs

Al-Zakiya who was devotee of Ahlul Bayt. If this was true then

Abu Hanifa died in support of the cause of Ahlul Bayt against

oppression.


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HIGHLIGHTS of Al-Madh'hab Al-Hanafi

Al-Madh'hab Al-Hanafi took off after Abu Hanifa died in

150H. Of his close followers some stand out in spreading theFiqh. The main ones areAbu Yusuf, Muhammad Sheybani, and

Al-Lu'lu'i.

Abu Yusuf was the Chief Justice appointed during the times

of Khalifa Al-Mahdi, then Khalifa Al-Haadi, then Khalifa

Al-Rasheed. The last was grateful to Abu Yusuf for he was the

main influence in favor of the Al-Rasheed for the Khilaafah;

therefore Abu Yusuf was elevated to be the Supreme Justice.

Meanwhile Abu Yusuf, with full support of the powers of the

government, appointed to the Justice Department only those

who acknowledged the Hanafi Fiqhall others had either to

change their Madh'hab or lose their job. Abu Yusuf had his own

interpretation of the Hanafi Fiqh, and he wrote some books

about the Madh'hab. His close student was Al-Sheybani, who

had not reached his twenties when Abu Hanifa died.

Al-Sheybaniwas a good writer, and he wrote a good many

books about the teachings of Abu Hanifa, thus making the

biggest contribution to the Hanafi Madh'hab. Like Abu Yusuf,

Al-Sheybani had his personal views and Fiqh points, and he


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expressed them when he wrote the Hanafi Fiqh. Al-Sheybani

also studied under Malik Ibn Anas for 3 years and was affected

by his methodology, thus he introduced Malik's method ofHadith selection in the emerging Hanafi Madh'hab.

The promotion of the Hanafi Fiqh by the government powers

over an extended period of time popularized the Madh'hab; thus

the Hanafi Madhhab slowly became mainstream. Unlike the

Ja'fari Fiqh (which was adamantly independent of thegovernment), the Maaliki and by now the Hanafi Madh'habs

were eagerly embraced and espoused by the government in a

move as a counterweight to the Ja'fari Fiqh, (that of Ahlul Bayt),

because these two conformed to the policies and practices of the

government.

Hanafi School (Al-Madhab al-Hanafi)

The Hanafi school, founded by Imam Abu Hanifah al-

Numan b. Thabit (80 - 148 AH), was the first to acquire

widespread popularity. The first scholar to pay allegiance to this

school of thought was Abul Abbas al-Saffah who was the leader

of the revolution against the Umayyah dynasty and the founder

of the Abbasid Empire. Other scholars and jurists (fuqaha) also


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joined him in the hope that a just government would rise and

implement the sunnah of the Prophet and save the Muslim

ummah from the tyranny of the Umayyah dynasty.However, Abu Hanifah soon realized that the Abbasid were

not sincere in their call to establish the Islamic sharia (law) and

Islamic government, and so he distanced himself from the

government and refused to accept the formidable position of

leadership in the judiciary system (al-qada) during the time ofal-Mansur al-Abbasi. Al-Mansur tried to bring Abu Hanifah to

his side, but he refused and was then imprisoned, and according

to some accounts even tortured. Some historians have also

reported that the Abbasid eventually poisoned Abu Hanifah.

Nonetheless, the Abbasid government succeeded in

attracting two of the most prominent students who had studied

directly under Abu Hanifah:Abu Yusuf al-Qadiand Muhammad b.

al-Hasan al-Shaybani. Abu Yusuf joined the Abbasid government

during the reign of al-Mahdi al-Abbasi in the year 158 AH. Hecontinued working for them during the rules of al-Hadi and al-

Rashid and wrote several works on jurisprudence, one of the

most noteworthy being Kitab al-Kharaj, which he wrote at therequest of the caliph Harun al-Rashid.He enjoyed an intimate


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relationship with the ruling powers, and through this, they

supplemented the salary they paid him with gifts and lavish

invitations, enabling him to lead an extravagant life for thattime. The other student, Muhammad b. al-Hasan al-Shaybani,

assumed leadership of the judiciary system (al-qada) during the

time of Harun al- Rashid. He wrote many thesis in jurisprudence

(fiqh), including Jami al- Sagheer, which he narrated from Abu

Yusuf al-Qadi, Abu Hanifah, and Jami al-Kabeer.29Undoubtedly, the government played a central role in

promoting the Hanafi school of thought because of Abu Yusuf

al-Qadi and Muhammad b. al-Hasan al-Shaybani, and

particularly since the position of judiciary leadership that the

latter took, was central in promoting the jurisprudence (fiqh) of

a particular school of thought. Regarding this issue, Ibn Hazm

says:

Two schools of thought were promoted and spread in the

beginning of their emergence by leadership (riyasah) and the

government (sultanah).The first was the Hanafi school of

thought; since Abu Yusuf al-Qadi was declared the leader of the

high court, he employed people only from his school of thought.


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The second school of thought that was supported by the

government was the Maliki school of thought.

Along the same line, al-Dahlawi says: Any school ofthought whose leaders are famous and who assumed the

positions of judiciary leadership (qada) and authority (ifta or the

fatwa) will spread among the lands and expand day after day.

Conversely, the people will not know any school of thought

whose leaders did not assume the position of judiciary

leadership and authority, and they will die out in the future.From

this, it is clear that the expansion of a school of thought at thattime, hinged on the government. The government in turn,

supported the schools of thought because of their willingness to

compromise Islamic principles in favor of the government, and

so a reciprocal relationship developed between the government

and the propagators/propounders of the schools of thought who

used the judiciary positions (the position of qadi) that they were

appointed to, to spread their ideologies to the masses.


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Maliki School

Imam Malik b. Anas (93 - 179 AH)

Malikiyyah is the second of the Islamic schools of

jurisprudence. The sources of Maliki doctrine are the Qur'an, the

Prophet's traditions (hadith), consensus (ijma'), and analogy (qiyas). The

Malikis' concept of ijma' differed from that of the Hanafis in that

they understood it to mean the consensus of the community

represented by the people of Medina. (Overtime, however, the

school came to understand consensus to be that of the doctors of

law, known as 'ulama.)

Imam Malik's major contribution to Islamic law is his book al-

Muwatta (The Beaten Path). The Muwatta is a code of law based

on the legal practices that were operating in Medina. It covers

various areas ranging from prescribed rituals of prayer and

fasting to the correct conduct of business relations. The legal

code is supported by some 2,000 traditions attributed to the

Prophet.


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History

Malikiyyah was founded by Malik ibn Anas , a legal expert in

the city of Medina. Such was his stature that it is said three

'Abbasid caliphs visited him while they were on Pilgrimage to

Medina. The second 'Abbasid caliph, al-Mansur (d.775),

approached the Medinan jurist with the proposal to establish a

judicial system that would unite the different judicial methods

that were operating at that time throughout the Islamic

world.The school spread westwards through Malik's disciples,

becoming dominant in North Africa and Spain. In North Africa

Malikiyyah gave rise to an important Sufi order, Shadhiliyyah,

which was founded by Abu al-Hasan, a jurist in the Malikite

School, in Tunisia in the thirteenth century.

During the Ottoman period Hanafite Turks were given the

most important judicial in the Ottoman Empire. North Africa,

however, remained faithful to its Malikite heritage. Such was the

strength of the local tradition that qadis (judges) from both the


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Hanafite and Malikite traditions worked with the local ruler.

Following the fall of the Ottoman Empire, Malikiyyah regained

its position of ascendancy in the region. Today Malikite doctrineand practice remains widespread throughout North Africa, the

Sudan and regions of West and Central Africa.

AL-MADH'HAB AL-MAALIKI

Al-Madh'hab Al-Maaliki was the product of the Fiqh (rulesand regulations) as taught by Malik Ibn Anas. As in other

Islamic Schools of Thought Maalik's Fiqh deals with tawhid,

elements offaith, elements ofworship (pillars of Islam),

the halal and haram, ethics, dealing with other people

(Mu'aamalat).

FEATURES of Al-Madh'hab Al-Maaliki

The Maaliki School of Thought tends to emphasize the

authenticity of the Hadith , the care in its selection, and the

deductions there from. It also used some degree of Qiyas

(Analogy) and Raa'y (Personal opinion). It does not

acknowledge the Imamah of Ahlul Bayt. Malik Ibn Anas was

supporter and a proponent of Ahlul Hadith. The Maaliki School


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of Thought began its popularity in the last quarter of the second

century AH.

MALIK IBN ANAS

Head of Al-Madh'hab Al-Maaliki (93-179AH)

Born in 93AHMalik Ibn Anas grew up at a time when the

Fiqh of the Shari'ah was flourishing and Ahlul Bayt had agreater leeway to explain its detail since Benu Umayya's grip on

power was waning. Malik Ibn Anas attended many of the

discussion assemblies Imam Al-Saadiq was giving. Malik Ibn

Anas was 10 years younger than Al-Saadiq, and lived to the ripe

age of86, when he died in 179H. Like Imam Al-Saadiq, Malik

spent all his time in Medina.

It is claimed that Malik Ibn Anas was a firm supporter of

Ahlul Bayt and their cause. Malik gave full support to

Muhammad Dhul Nafs Al-Zakiyawhen he revolted against the

oppression ofBenu Abbasin 144H. In 146H, because of thatsupport (or because of some disagreement with the government)

Malik Ibn Anas was arrested by the governor of Medina and


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lashed 50 times. That resulted in damaging his left arm which

remained crippled the rest of his life.

Malik Ibn Anas lived at a time when forgeries of the Hadithwere widespread. Therefore he took great care in selecting

authentic Hadiths, as a result his popularity began to increase.

Many people started to quote him and study at his hand.

At the same time however, Khalifa Al-Mansoor was ever

anxious to build forces to counteract the profound influence ofthe school of Ahlul Bayt. In 153H Al-Mansoor approached the

60 year old Malik Ibn Anas offering him a position to be

Supreme Justice over Medina and Hijaz, but with a request for

Malik to write a book in Fiqh, so that Al-Mansoor

would enforce it over the whole Ummah. Al-Mansoor had one

more request, however, that the book not mention even once the

name of Imam Ali. Malik Ibn Anas agreed, sensing that his

book, as supported by the government, would have immediate

success. However, the down-side to this was not mentioning

Ali, but that would be the price to be paid against the advantage

of spreading his Islamic knowledge.

The result was the book called Al-Mu'watta'. The Fiqh inMu'watta' was later known as Fiqh of Malik Ibn Anas. It was


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spread and patronized by many rulers ofBenu Abbas, and

especially inAndalusia (Spain), North Africa, and some parts of

Middle East. Malik Ibn Anas became the official high poweredSupreme Judge for a long time. He was sponsored and

patronized by Khalifa Al-Mansoor, then Khalifa Al-Mahdi, then

Khalifa Al-Haadi, then (and especially so) by

Khalifa Al-Rasheed. This support was done not due to what this

Fiqh deserved but mainly as a counterweight against Ahlul Bayt

and their enormous influence in the society.

Many Books were published as commentaries about

Al-Mu'watta' and the school of Maaliki became one of the

survivors of the many Islamic Schools of Thought at the time.

What was crucial to its survival (besides its dynamism) was the

official support and encouragement of the Abbasi government to

spread it as far as possible.

Historically during this period there were many Schools of

Thought ofgreater depth than the Maaliki, which even continued

for a century or two but eventually died out because they

insisted to be independent of government influence, therefore

the government did not support them, thus leading to their

demise.


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Maliki School of Thought (Al-Madhab al-Maliki)

Once Al-Mansur al-Abbasi failed to sway Abu Hanifah to

his side, he turned his attention towards Imam Malik b. Anas (93

- 179 AH) and proposed that the body of Islamic knowledge

unify under one definitive book and set of guidelines, rather than

be split among several schools of thought, as was the case at that

time. He encouraged Imam Malik to write al-Muwatta (the book

that Imam Malik is well-known for). History says: Al-Mansur

spoke to al-Malik around 150 AHand encouraged him to write

Fiqh al-Muwatta. He told him,

Put down this knowledge in writing, and try to avoid the eccentricity

(shawad) of Ibn Abdullah al- Masud, the leniency (rukhsah) of Ibn

Abbas, and the harshness (shadaid)of Ibn Umar. Be moderate in this fiqh and write whatever the majority of

the imams and sahabah agree upon, and we promise you that we will

bring all the people to follow your school of thought, and your fiqh and


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your knowledge, and we will spread and promote your book in the

provinces and states, and we will ask the people not to oppose it, and they

will not give judgments other than those in accordance with your books.

Imam Malik spent approximately 11 yearswriting al-

Muwatta, and his book eventually became the definitive legal

text of the Abbasid state. The Abbasid rulers in turn, exhibited

the utmost respect towards Imam Malik to the extent that Harun

al-Rashid would stand whenever he saw Imam Malik, and thensit on the floor in front of him to listen to what he had to say.

Through his open support of al-Mansur, Imam Malik alienated

his teacher Rabiat al-Rai who refused to compromise his

principles for the government and then parted company with

Imam Malik.

Imam Malik continued to support the Abbasid government

beyond the reign of al-Mansur into the time of al-Mahdi al-

Abbasi. Just like al-Mansur, al-Mahdi al-Abbasi succeeded not

in winning over the support of the Hanafi school of thought, but

to entice two of Abu Hanifahs most famous students (as

mentioned above).

At the same time, as they fostered the growth of the Maliki

movement, the Abbasid also attempted to suppress the school of


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Ahlul Bayt. Not only were the ideas of Ahlul Bayt school

threatening, but its leaders were also popular, such as Imam

Jafar al-Sadiq. The sixth Imam of the Shia school of thought,who had nearly 4,000 students attending his classes.

Like the other Imams from Ahlul Bayt, Imam al-Sadiq was put

under house arrest and later imprisoned. Only after methods of

intimidation and coercion to halt the spread of his teachings

failed, did the Abbasid attempt to counter his ideas by creatinganother intellectual entity to compete with him, in this case, the

promotion of the Hanafi and Maliki schools of thought.As it is

said, people tend to follow the religion of their leaders;

therefore, the ideological path that the Abbasid government was

laying out was rudimentary for the people to follow. Still, like

the rest of the imams of Ahlul Bayt, Imam al-Sadiq gave up his

life at the hands of the ruling power for his unwavering

resistance to compromise the principles

of Islam.


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Hanbali School (Hanbaliyyah)

Imam Ahmad b. Hanbal (165 - 240 AH)

The Hanbali School is the fourth orthodox school of law

within Sunni Islam. It derives its decrees from the Qur'anand theSunnah, which it places above all forms ofconsensus, opinionor

inference. The school accepts as authoritative an opinion given by

a Companion of the Prophet, providing there is no disagreement

with anther Companion. In the case of such disagreement, the

opinion of the Companion nearest to that of the Qur'an or the

Sunnah will prevail.

History:

The Hanbali School of law was established by Ahmad ibn

Hanbal (d.855). He studied law under different masters,

including Imam Shafi'i(the founder of his own school). He isregarded as more learned in the traditions than in jurisprudence.

His status also derives from his collection and exposition of the

hadiths. His major contribution to Islamic scholarship is a


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collection of fifty-thousand traditions known as 'Musnadul-Imam

Hanbal'.

In spite of the importance of Hanbal's work, his school didnot enjoy the popularity of the three preceding Sunni schools of

law. Hanbal's followers were regarded as reactionary and

troublesome on account of their reluctance to give personal

opinion on matters of law, their rejection of analogy, their

fanatic intolerance of views other than their own, and their

exclusion of opponents from power and judicial office. Their

unpopularity led to periodic bouts of persecution against

them.The later history of the school has been characterized by

fluctuations in their fortunes. Hanbali scholars such as Ibn

Taymiyya(d.1328) and Ibn Qayyim al-Jawzia(d.1350), did display

more tolerance to other views than their predecessors and were

instrumental in making the teachings of Hanbali more generally

accessible.

From time to time Hanbaliyyah became an active and

numerically strong school in certain areas under the jurisdiction

of the 'Abbassid Caliphate. But its importance gradually

declined under the Ottoman Turks. The emergence of the

Wahabi in the nineteenth century and its challenge to Ottoman


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authority enabled Hanbaliyyah to enjoy a period of revival.

Today the school is officially recognised as authoritative in Saudi

Arabiaand areas within the Persian Gulf.

AL-MADH'HAB AL-HANBALI

Al-Madh'hab Al-Hanbali was the product of the Fiqh (rules

and regulations) as taught by Ahmad Ibn Hanbal. As in other

Islamic Schools of Thought Ahmad Ibn Hanbal's Fiqh deals

with tawhid, elements offaith, elements ofworship (pillars of

Islam), halal and haram, ethics, dealing with other people

(Mu'aamalat).

FEATURES of Al-Madh'hab Al-Hanbali

Unlike other Sunni Madh'habs, Al-Hanbali's School of

Thought has almost no use for Qiyas (Analogy) or Raa'y(personal opinion), to such an extent that they evenprefer

narration of weak Hadith over Qiyas or Raa'y. It emphasizes taking

the Hadith literally (blindly) to such an extent that they were


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calledAs'haab Al-Hadith.Ahlul Hadithwere known long time

before, but As'haab Al-Hadith was the result of its evolution.

Also like other Sunni Madh'habs, Al-Hanbalis do notacknowledge the Imamah of Ahlul Bayt, though Ibn Hanbal was

very supportive of Ahlul Bayt. Al-Hanbali School of Thought

began its ascendancy with the full patronage of Khalifa

Al-Mutawak'kil around 235AH, but it never became widely

spread.

IBN HANBAL: Head of Al-Madh'hab Al-Hanbali ( 164H-241H)

Ibn Hanbal was born in 164Hin Baghdadat the height of

expansion of the Islamic sciences and the glory of its culture.

He was an astute and highly intellectual person with

distinguished reputation. Ibn Hanbal grew up as an orphan,

began his quest for Islamic learning at the age of15, he learned

at the hands ofAbu Yusuffor a while, thenAl-Shafi'i. In 186Hthe

22 year oldIbn Hanbal traveled to Hijaz, Basrah, Kufa, and Yemen

in quest of learning though he was in poor financial straits. He

learned at the hands of, Ibn U'yainah,Al-Zuhri, and Jarir Ibn


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Abdul Hamidamong other outstanding scholar students ofImam

Al-Saadiq.

By the age of50Ibn Hanbal witnessed severe crushingmeasures by the Mu'tazilatoward those who did not agree with

their views that the Quran was Makhlooq(created piecemeal by

Allah) according to the need of the time. As'haab Al-Hadith

believed the opposite, that the Quran was whole and part and

parcel of Allah. As a result, suppression by the Mu'tazila fully

supported by the Khalifas(Al-MaMoon, Al-Mu'tasim, and

Al-Waathiq) continued for about 20 years. It was a brutal

suppression of any intellectual who did not agree with their

view, and As'haab Al-Hadith became the culprit for decades.

In 218AHalong with many others, Ahmad Ibn Hanbal was

arrested and was to be executed by Khalifa Al-Ma'Moon

because he stuck to his own conviction and did not agree with

the Mu'tazila point of view. It so happened that Al-MaMoon

died on an expedition just before he was to give the verdict for

the execution of Ibn Hanbal. The following Khalifa, Al-

Mu'tasim, had Ibn Hanbal in jail, interrogated him about his


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conviction, lashed him 38 times, but somehow he released him

later from jail.

The Khalifa became lenient with Ibn Hanbal since it is saidthat Ibn Hanbal was able to circumvent direct confrontation

(though others say he was adamant in his views).

As a result Ibn Hanbal's reputation skyrocketed with

As'haab Al-Hadith who shared his views. He became famous

later on when Khalifa Al-Mutawak'kilaround 234AHtook up the

cause of As'haab Al-Hadith against the Mu'tazila, in a move to

lure the general public to his side. Ibn Hanbal became the

symbol of As'haab Al-Hadith resistance to Mu'tazila orthodoxy.

While Khalifa Al-Mutawak'kil was the nemesis of

Mu'tazila, he included the devotees of Ahlul Bayt as archenemy

too. A period of unparalleled persecution and killing began to

take place, as a result of which the Mu'tazila intellectuals all but

vanished. With the cooperation of As'haab Al-Hadith a new

phase of bloodshed began to take shape against any members or

sympathizers of Ahlul Bayt too. Al-Mutawak'kil took them as a

grave threat to his rulership, and he unleashed brutal and very

harsh measures to anyone suspected of being loyal to Ahlul

Bayt. These measures were to such an extent, that against the


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Shi'a there unfolded theNaasibi, (people who earned their living

by making perverted stories and pernicious poems in

denouncing and damning the Shi'a). Despite this, Ibn Hanbalwas brave and outspoken in support of Ahlul Bayt. He was

fearless and undaunted by the attitude of the Khalifa or the

people around. He even narrated more Hadiths of the Prophet

(pbuh) on behalf of Ahlul Bayt than most of the Sihaah.

Al-Sittah, for such were his courage, virtue and nobility. Anddespite the fact that Al-Mutawak'kil was supporting him with

4,000dirhamevery month and the auspicious attention he was

giving him, Ibn Hanbal was uncomfortable of the association

with the Khalifa, to the extent that he evaded and refrained from

the bond. Ibn Hanbal would accept the gifts from the Khalifa

but would distribute them secretly to the poor.

Ibn Hanbal was a highly learned scholar in Hadith. He wrote

the books of Manasik, (the major and the minor), but his

distinction goes more toward theMus'nad of Ibn Hanbal This

book was not quite finished when Ibn Hanbal died at the age of

77, and the task of editing, reviewing, and completing it fell in

the hands of his son Abdullah. Mus'nad Ibn Hanbal contained

40,000 Hadiths, of which 10,000 were repetitions, and a good


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many others were weak. It also contained many fabricated

Hadiths that Ibn Hanbal did not put originally. Ibn Hanbal

claimed that he selected the Hadiths from among 750,000circulating Hadiths at his time, the overwhelming majority of

which were fake.

As'haab Al-Hadith took any Hadith literally [blindly]

without giving due regard to the circumstances in which it was

said nor its inner meaning. Unfortunately As'haab Al-Hadithabused much of the power at their hands and the destruction of

life or property caused by them was instrumental in enraging the

general public for a long time, becoming one of the reasons of

the limited spread of this school of thought.

HIGHLIGHTS of Al-Madh'hab Al-Hanbali

Under Ibn Hanbal many students learned his Fiqh and

became famous later on. Chiefly they wereAl-Athram,

Al-Maroozi,Al-Harbi,Abdullah Ibn Hanbal, and Salih Ibn Hanbal.

They were very active in teaching the Hanbali Madh'hab

afterwards though this school of thought never spread

extensively.


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Hanbali School of Thought (Al-Madhab al-Hanbali)

Imam Ahmad b. Hanbal(165 - 240 AH) was born in Baghdad.

At the age of fifteen, he embarked on journeys to different

countries to meet with various scholars. While in Baghdad,

he studied under Imam al-Shafii, who inspired him

considerably, andAbu Yusuf al-Qadi. At the time, there were

two competing schools: madrasah al-athar(the school

focusing on texts) and madrasah al-ra'i wal-qiyas(the school

based on opinion and analogy), and Ibn Hanbal favored

the former. Although like other scholars, he too relocated

to Hijaz, however he was not as well known as the leaders of the other

schools of thought because most considered him to be a muhaddith

(narrator of hadith) instead of a genuine faqih (jurist).

Ibn Hanbal was a strong advocate of the Abbasidgovernment and when al-Mutawakil came to power in 232

AH, he tortured theAlawiyinand fiercely opposed the

school of Ahlul Bayt, but he paid Ibn Hanbal a handsome


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salary of 4,000 dirhams, and invited him to Samarra to

obtain blessings from his presence.38

Ahmad b. al-Hanbal wrote his famous work MusnadAhmad b.Hanbalunder the reign of al-Mutawakil and passed away

while al-Mutawakil was still in power. His case was similar to

that of Imam al-Malik, whose ideas were also propagated by

the Abbasid caliphate, and the Abbasid promoted both of

their schools of thought.


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Shafi'i School

Imam Muhammad b. Idris al-Shafii (150- 206 AH)

Shafi'iyyah was the third school of Islamic jurisprudence.According to the Shafi'i school the paramount sources of legal

authority are theQur'anand theSunnah. Of less authority are the

Ijma'of the community and thought of scholars (Ijitihad)

exercised through qiyas. The scholar must interpret the

ambiguous passages of the Qur'an according to the consensus of

the Muslims, and if there is no consensus, according to qiyas.

History:

The Shafi'iyyah school of Islamic law was named after

Muhammad ibn Idris al-Shafi'i(767-819). He belonged originally to

the school of Medina and was also a pupil of Malik ibn Anas

(d.795), the founder of Malikiyyah. However, he came to

believe in the overriding authority of the traditions from the


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Prophet and identified them with the Sunnah.

Baghdadand Cairowere the chief centres of the Shafi'iyyah. From

these two cities Shafi'i teaching spread into various parts of theIslamic world. In the tenth century,Meccaand Medinacame to be

regarded as the school's chief centres outside of Egypt. In the

centuries preceding the emergence of the Ottoman Empire the

Shafi'is had acquired supremacy in the central lands of Islam. It

was only under the Ottoman sultans at the beginning of the

sixteenth century that the Shafi'i were replaced by the Hanafites,

who were given judicial authority in Constantinople, while

Central Asia passed to the Shi'a as a result of the rise of the

Safawids in 1501. In spite of these developments, the people in

Egypt, Syriaand the Hidjazcontinued to follow the Shafi'i

madhhab. Today it remains predominant in Southern Arabia,

Bahrain, the Malay Archipelago, East Africa and several parts of

Central Asia.

Adherents

There are no figures for the number of followers of the

school. It has some adherents in the following countries: Jordan,


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Palestine, Syria, the Lebanon and Yemen. It has a large

following in the following countries: Egypt, Indonesia, the

Philippines, Brunei, Singapore, Thailand, Sri Lanka, theMaldives, and among the Kurdish people.

AL-MADH'HAB AL-SHAFI'I

Al-Madh'hab Al-Shafi'i was the product of the Fiqh (rules

and regulations) as taught by Ibn Idrees Al-Shafi'i. As in other

Islamic Schools of Thought Al-Shafi'i's Fiqh deals with tawhid,

elements offaith, elements ofworship(pillars of

Islam), halal and haram, ethics, dealing with other people

(Mu'aamalat).

FEATURES of Al-Madh'hab Al-Shafi'i

Al-Shafi'i School of Thought stands in-between the Maaliki

and Hanafi Madh'habs in that it uses some of the ways of

Al-Maaliki Madh'hab and some of the Hanafi, i.e. less in the

way of Qiyas (Analogy) and Raa'y (personal opinion). It excels

in the technique ofIstin'baat(deductive reasoning) for reaching a

Fiqh verdict. Like other Sunni Madh'habs, Al-Shafi'i's do not


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acknowledge the Imamah of Ahlul Bayt, though all of them

were supportive of Ahlul Bayt. The Al-Shafi'i School of

Thought began its popularity around 190A?Hand picked upsteam in the century that followed.

IBN IDREES AL-SHAFI'I

Head of Al-Madh'hab Al-Shafi'i: 150H-204H

Al-Shafi'i was born in 150H, the same year in which Abu

Hanifa died. He was fromQuraish, a bright student with a

dazzling personality. An orphan, Al-Shafi'i was cared for by his

mother who brought him toMeccawhen10 years old. He joined

Hudhayltribe for17years(in the desert) to learn the flawless

command of Arabic, literary or expression. In his late twenties

by now, Al-Shafi'i settled in Mecca where Al-Shafi'i was enticed

by friends to study Fiqh. Thus he joinedAl-Zinji, learning at his

and other scholars' hands. In his thirties Al-Shafi'i left for

Medina to study at the hands of the aging Malik Ibn Anas,

where he became very close to him. Malik even took care of the

living expenses of Al-Shafi'i for 4 years until Malik died.

Al-Shafi'i also studied at the hands of several of Imam


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Al-Saadiq's disciples such as Ibn U'yainah, Abu Ishaaq

Al-Madani, Al-Zuhri, and Ibn Al-Silt Al-Basri.

When Malik died, Al-Shafi'i had to work in Yemento supporthimself financially. He was vocal against the harsh rule of the

governor of Yemen. It is said that in a move to get rid of him,

the governor wrote mischievous accusation about Al-Shafi'i to

Khalifa Al-Rasheed. As a result, in 184Hand along with 8 other

people, Al-Shafi'i was taken to Baghdad chained and bound in

fetters. He was closely questioned by the enraged Al-Rasheed,

but Al-Shafi'i's eloquence and convincing manners were such

that Al-Rasheed forgave him and set him free. The other 8 were

not so lucky, for they could not defend their innocence that well,

and were decapitated as per orders of the irrational Khalifa.

(The Shafi'i was accused of loving Ahlul Bayt, since loving

Ahlul Bayt was in opposition to the Khalifa policy or other

Abbasi rulers, who posed as enemy No. 1 to Ahlul Bayt.)

Al-Shafi'i stayed in Baghdadwhere he joined the circle

discussion headed byAl-Sheybani(who was a student of Abu

Yusuf and Abu Hanifa). Al-Shafi'i contested and debated with

Al-Sheybani in his circle discussions, then began his own


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discussion assembly, giving If'taa' (Fiqh edicts). Both he and

Al-Sheybani were active in writing books at the same time,

though the Maaliki scholars at the time paid little attention toeither of them. It is said that Al-Shafi'i studied under a total of

19 scholars.

Al-Shafi'i became quite popular in Baghdad, but he visited

Egypt, which was the Maaliki strong hold at the time. In 198H,

the 48 year old Al-Shafi'i left Baghdad again, for good, with an

endorsement from the Khalifa. He was accompanied by the new

governor to Egypt, and stayed as a guest with an eminent family

in Egypt, whereby he started his own circle discussion and gave

If'taa'. This time he stayed in Egypt for about 6 years.

Al-Shafi'i is said to have written several books, and the

book ofAl-Ummin 6 volumesis contributed to him, though after

probing and research it was claimed to have been written by his

disciples (Al-Bu'waiti and Al-Rabii). As Al-Shafi'i became

popular in Egypt, his discussion assembly attracted more and

more students. He differed with Al-Maaliki and Hanafi in many

points, and his teachings began to have a distinct flavor. Just as

his popularity was on the increase, he was beset with a long

illness. At the age of 54, there came about hotly discussed


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difference between him and Maaliki adherents, especially after

he criticized some Maaliki doctrines or beliefs. The matter was

taken to the governor. Because of that, Al-Shafi'i was brutallyattacked by the discontented Maaliki adherents, and he was hit

on the head with a big iron rod (iron-key). Al-Shafi'i lost

consciousness as a consequence, probably from fractured skull,

and he died shortly after.

Al-Shafi'i had a charming personality, a very attractive wayof expression in pure Arabic, good poetry, and deep knowledge

of the techniques of the various schools of thought at the time.

He excelled in the criteria he put forth about Istin'baat

(deductive reasoning) in reaching verdicts. Al-Shafi'i was a

devotee of Ahlul Bayt to a great extent notwithstanding the

government jaundiced eyes about anyone who declared any faith

in them. The government took Ahlul Bayt as the enemy No. 1

solely because Ahlul Bayt rejected acknowledging the

legitimacy of the rulers (Khalifa) as representing Islam. Ahlul

Bayt never conformed to the policies of the rulers or their rule,

thus the enmity and the collision.

HIGHLIGHTS of Shafi'i Madh'hab


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The popularity of Al-Shafi'i Madh'hab was mainly due to

the consistent and hard work of the students of Al-Shafi'i,

famous among them wereAl-Bu'waitiandAl-Muzni, and IbnAbd Al-A'la. AsAl-Madh'hab Al-Shafi'Itook roots, it gradually

replaced the Maaliki Madh'hab in Egypt, then spread in

Palestine and Syria, completely replacing that of Aw'zaa'i. It

also spread in Iran and neighboring areas at the time. This

Madh'hab was also endorsed by the governments of the time,

especially that of Ayyubi.

Shafii School of Thought (Al-Madhab al-Shafii)

From the time of his childhood, Imam Muhammad b. Idris

al-Shafii (150- 206 AH) immersed himself in the ideas of Imam

Malik. He was inspired deeply by him and nearly memorized al-

Muwatta. Eventually he procured a letter of recommendation

from the governor of Mecca to the governor of Madinah

enabling him to meet with Imam Malik, whose status was very

high in Madinah during the Abbasid time. There he became a

student of Imam Malik until the death of Imam Malik about nine

years later. At that time, Imam Shafii fell into poverty and was


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obliged to return to Mecca.34 There, some individuals

concerned about his condition, appealed to the governor of

Yemen to find him an official position, and thus Imam al-Shafiiwas made the governor of the state ofNajranin Yemen.

However, during the rule ofHarun al-Rashid, Imam al-

Shafii was accused of leaning towards the Alawiyin and the

school of Ahlul Bayt, and so he was brought to Baghdad,

handcuffed. While he was being held as a prisoner, one of his

friends, Muhammad b. al-Hasan al-Shaybani (who was also one

of the primary advocates of the Hanafi school of thought for the

Abbasid) interceded on his behalf and testified that al- Shafii

was not on the side of Ahlul Bayt and was completely

supportive of the Abbasid government. This testimony resulted

in the release of al- Shafii, and as a result, he became very close

to al-Shaybani and studied under him, learning the opinions

(araa) of Abu Hanifah in rai (opinion) and qiyas (analogy), both

of which Abu Hanifah was well known for.

However, the two differed regarding Ahlul Bayt - al-Shafii was

in fact sympathetic towards their cause, while al-Shaybani was

not. Out of these two influences: the Maliki school (which can

also be referred to as the school of athar (text)) and the Hanafi


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school, was born the Shafii school of thought. In 199 AH,

Imam al-Shafii moved to Egypt along with Ibn Abdullah al-

Abbas, the governor of Egypt. There, his school slowly began tospread. Unfortunately, because he differed on some points with

Imam Malik, Imam al-Shafii incurred the anger of many of the

adherents of the Maliki school in Egypt, and they eventually

rioted and killed him.

It is worth noting that al-Bukhari and al-Muslim did not narrateany hadith from al-Shafii - not because he was inferior in

knowledge, but because he had inclinations towards the school

of Ahlul Bayt. He said that Ali b. Ali Talibhad the right to

leadership at the time over Muawiyahand his companions, who

were the group that began the assault on Islam. He displayed

love for Ahlul Bayt and the family of the Prophet and

proclaimed,

If anyone who loves the Ahlul Bayt is a rafidi (a rejecter of the three

caliphates) then let the whole world witness that I am the first rafidi.

Such statements not only led to his arrest as mentioned before,

but also resulted in silencing his books of hadith.


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Edition)

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http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/muwatta

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