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Within the Sunni Muslim tradition, Hanafi is one of four "schools of law" and
considered the oldest and most liberal school of law. Hanafi is one of the four
schools of thought (madhabs / Maddhab) of religious jurisprudence (fiqh) within
Sunni Islam. Named for its founder, the Hanafi school of Imam Abu Hanifa, it is
the major school of Iraqi Sunni Arabs. It makes considerable use of reason or
opinion in legal decisions. Sunni Hanafi creed is essentially non-hierarchial and
decentralized, which has made it difficult for 20th century rulers to incorporate its
religious leaders into strong centralized state systems.
The Hanafi school of Islamic jurisprudence was founded by Abu Hanifa, born in
Kufa, Iraq about A.D.700. He was one of the earliest Muslim scholar-interpreters
to seek new ways of applying Islamic tenets to everyday life. In his lifetime Abu
Hanifa was disgraced, called ignorant, inventor of new beliefs, hypocrite and kafir.
He was imprisoned and poisoned. He died in 150 A.H. [circa 767-768 C.E.]. Abu
Hanifa's interpretation of Muslim law was extremely tolerant of differences within
Muslim communities. He also separated belief from practice, elevating belief over
practice. Hanafi took Shafi as his rival and vice versa.
A sectarian dispute in the United States was transformed into a mass hostage
taking by Hanafi Muslims in Washington, DC in 1977. The Hanafi Movement in the
United States was founded by Hamas Abdul Khaalis in 1968. Khaalis, formerly
Ernest 2X McGee, had been the Nation of Islam's first National Secretary and a
friend of Malcolm X. He had converted to orthodox Islam and founded the Hanafi
Movement with money donated by Kareem Abdul-Jabar. On 09 March 1977,
Khaalis and about a dozen of his followers armed with shotguns and machetes
seized control of seized the District Building [city hall], the B'nai B'rith building,
and the Islamic Center, in the District of Columbia. Khaalis said they were seeking
revenge for the murders of Khaalis' family members by Black Muslims in 1973.
They held 134 hostages for more than 39 hours, they shot Washington DC city
councilman Marion Barry in the chest, and they shot a radio reporter dead. The
standoff ended and the hostages were freed after ambassadors from three
Islamic nations joined the negotiations. The Hanafis were convicted and
sentenced to long terms in prison.
Hanafi scholars refuse to control a human religious or spiritual destiny, and refuse
to give that right to any human institution. Among the Hudud crimes, those
crimes against God, blasphemy is not listed by the Hanafis. Hanafis concluded that
blasphemy could not be punished by the state. The state should not be involved
in deciding God-human relationships. Rather, the state should be concerned only
with the violation of human rights within the jurisdiction of the human affairs and
human relationships.
Notwithstanding their common heritage from Imam Abu Hanifah, the scholars
belonging to the Hanafi madhhab are divided in the Barelvi and the Deobandi
school, and these two schools have different attitude toward Wahhabism.
The Sunni Hanafi school is dominant in the Arab Middle East, India, Pakistan and
Afghanistan. The followers of Imam Abu Hanifa (d. 767) are found in Pakistan,
India, Afghanistan, Turkey, Iraq, Syria, China, North Africa, Egypt, and in the Malay
Archipelago. The school is followed by the majority of the Muslim population of
Turkey, Albania, the Balkans, Central Asia, Afghanistan, Pakistan, China, India and
Iraq. Most of the Kyrgyz are Sunni Muslims of the Hanafi school. Ethnic Kazakhs,
who constitute approximately one half of the national population, historically are
Sunni Muslims of the Hanafi School. Ethnic Uzbeks, Uyghurs, and Tatars,
comprising less than 10 percent of the population, also largely are Sunni Hanafi.
Other Islamic groups, which account for less than 1 percent of the population of
Kazakhstan, include Shafit Sunni (traditionally practiced by Chechens), Shiite, Sufi,
and Akhmadi.
Sunni are found throughout Afghanistan. An estimated 84% of Afghanistan's
population is Sunni, following the Hanafi school of jurisprudence; the remainder is
predominantly Shi'a, mainly Hazara. In March 2003 Ayatollah Mohammad Asef
Mohseni, leader of the predominantly Shia Harakat-e Islami-yi Afghanistan,
proposed that, along with the Sunni Hanafi school of jurisprudence, the Shia
Ja'fari school of jurisprudence be included in the new constitution as an official
sect.
"Hanafi methodology involved the logical process of examining the Book and all
available knowledge of the Sunna and then finding an example in them analogous
to the particular case under review so that Allah's deen could be properly applied
in the new situation. It thus entails the use of reason in the examination of the
Book and Sunna so as to extrapolate the judgments necessary for the
implementation of Islam in a new environment. It represents in essence,
therefore, within the strict compass of rigorous legal and inductive precepts, the
adaptation of the living and powerful deen to a new situation in order to enable it
take root and flourish in fresh soil. This made it an ideal legal tool for the central
governance of widely varied populations which is why we find it in Turkey as the
legacy of the Uthmaniyya Khilafa and in the sub-continent where it is inherited
from the Moghul empire."
Imam Abu Hanifa and Hanfi School of
Islamic Law Thought:
Hanifa al-Numan b. Thabit b. Zurti (imam abu hanifa real name) was the
eponymous founder of the Hanafi school (madhhab) of Islamic law. His birth
dates are given variously but the year 699 is considered the most sound based on
many biographical dictionaries. Abu Hanifa died and was buried in Baghdad,
though sources differ concerning the month of his death. A shrine was built in
1066 over the site of his tomb, and the quarter of the city is called the al-
A_zamiyyah after Abu Hanifa’s epithet al-Imam al- A_zam, the “Great Imam.” In
his Jawahir al-mudiyya, Ibn Abi al-Wafa_ provides a genealogy, on the authority of
Abu Ishaq Ibrahim b. Muhammad al-Sarifini (d. 1243), which links Abu Hanifa’s
family with the Sassanian kings, the Kayyanid kings, and Judah, the eldest son of
the prophet Jacob. Many sources mention that Abu Hanifa was of Persian
descent, that his family were sellers of silk. Shams al-Din al-Dhahabi (d. 1374)
reports that Abu Hanifa’s grandfather Zurti (also given as Zuta) is said to have
been a slave brought from Kabul to Kufa where the family was attached to the
Arab tribe of Taym-Allah b. Tha_laba. Other sources claim that Abu Hanifa’s family
was from Babylon, or the city of Anbar (on the Euphrates about forty miles from
Baghdad).
al-Numan b. Thabit b. Zurti (imam abu hanifa real name) was the eponymous
founder of the Hanafi school (madhhab) of Islamic law. His birth dates are given
variously but the year 699 is considered the most sound based on many
biographical dictionaries. Abu Hanifa died and was buried in Baghdad, though
sources differ concerning the month of his death. A shrine was built in 1066 over
the site of his tomb, and the quarter of the city is called the al-A_zamiyyah after
Abu Hanifa’s epithet al-Imam al- A_zam, the “Great Imam.” In his Jawahir al-
mudiyya, Ibn Abi al-Wafa_ provides a genealogy, on the authority of Abu Ishaq
Ibrahim b. Muhammad al-Sarifini (d. 1243), which links Abu Hanifa’s family with
the Sassanian kings, the Kayyanid kings, and Judah, the eldest son of the prophet
Jacob. Many sources mention that Abu Hanifa was of Persian descent, that his
family were sellers of silk. Shams al-Din al-Dhahabi (d. 1374) reports that Abu
Hanifa’s grandfather Zurti (also given as Zuta) is said to have been a slave brought
from Kabul to Kufa where the family was attached to the Arab tribe of Taym-Allah
b. Tha_laba. Other sources claim that Abu Hanifa’s family was from Babylon, or
the city of Anbar (on the Euphrates about forty miles from Baghdad).
Islamic law and what it means to be a practising Muslim has changed and
developed over centuries of thinking. Following the death of the prophet
Muhammad pbuh, there have always been differences of opinion in how best to
understand the message of God.
Different interpretations on what Islamic law should be, is reflected in the diverse
range of schools of thought or ways of studying and practising Islam.
The common factor among the different groups is the Quran and the recorded
sayings and actions of the Prophet (peace and blessings upon him) - Sunnah - as
sources of information and guidance. Within Sunni and Shi'a Islam there are six
main schools of Islamic law - fiqh:
Sunni schools:
The Hanbali School is named after Ahmad Ibn Hanbal (d. 855)
The Hanafi School is named after Abu Hanifa (d. 767)
The Shafi'i is named after al-Shafi'I (d. 819)
The Maliki is named after Anas bin Malik (d. 795)
Shi'a schools:
The Zaydi School is named after Zayd Ibn Ali (d. 740)
The Ja'fari School is named after Ja'far al-Sadiq (d. 765)
There was a sweeping range of opinion in the first three centuries of Islamic
history, and at one point, there were over 100 different schools of thought. Quote
It originated in Kufa, present day Iraq, but its influence spread to both the Mughal
and Ottoman empires and can now be found from Turkey to Central Asia, the
Balkans, Iraq, Afghanistan, Pakistan, India, Bangladesh, and as far as Western
Europe and North America.
The school's founder, Abu Hanifa, was a trader as a young man. However, it
seems he was not well suited to this career - he once demanded to pay five times
the asking price from a woman selling silk at the market.
As well as using the Quran and the Prophet’s (pbuh) life as sources of guidance,
this group also relied heavily on using logical arguments to find answers to social
problems that also fitted in with their understanding of Islam.
This school of thought is named after Muhammad ibn Idris al-Shafi’i, a precocious
student, who is described by historians as the master architect of Islamic law.
Perhaps his greatest achievement, with the aid of his peers, was to lay down the
roots of a common framework for all schools of Islamic thought to follow when
producing legal judgements on issues of faith and how it should be practised.
The Maliki School:
This school is named after Imam Anas bin Malik, 715 CE, who, to support his
studies, sold the ceiling beams of his home to buy the necessary books.
The Maliki School has its main following in Egypt, as well as having smaller groups
of followers in Algeria, Tunis, Morocco, Mauritania, Libya, Kuwait, Bahrain, Dubai
and Abu Dhabi, although it originated in Saudi Arabia in the city of Medina. When
the Maliki School was formed the word Sunnah did not yet mean the ‘traditions'
or ‘practice' of the Prophet (pbuh) specifically but also referred to the actions of
the people of Medina at the time.
The founder of the school, Imam Ahmad Ibn Hanbal, was taught by Muhammad
ibn Idris al-Shafi'i, the founder of the Shafi'i School. There is therefore a direct link
between the Shafi'i and the Hanbali school.
The Hanbali school derives its rulings almost solely from the Quran and Sunnah,
which proves to be popular with groups of people wishing to return to a ‘purer'
Islam (the Wahabi movement, for instance, emerged out of the Hanbali school).
Other influential figures in the school were al-Kiraqi (d. 946), Ibn Qudama (d.
1223).[3], Ibn Taymiyya (d. 1328) and al-Qayyim al-Jawziyya (d. 1350).
Perceptions of Islamic law today:
For many Muslims the Quran is a book of divine poetry and guidance but it does
not contain many Islamic rules.
Talal Asad is an anthropologist at the City University of New York who writes
extensively on the subject of religion and says:
"Most Islamic rules are contained not in the Quran ('the recitation'), which
Muslims believe to have been revealed by God through Gabriel, but in collections
called hadith, which contain the exemplary sayings and doings of Muhammad and
his companions."
In the words of the famous Muslim jurist al-Ghazali (d. 1111), Islamic laws should
"seek the beneficial and avoid what is bad."
The fourteenth century Hanbali jurist Ibn al-Qayyim al-Jawziyya also agreed with
this sentiment: "Every situation in which justice succumbs to tyranny, mercy to
cruelty, goodness to corruption, and wisdom to foolishness, has nothing in
common with the Shari'ah."
ACKNOWLEDGMENT:
I am making this project not only for marks but to also increase
my knowledge .
THANKS AGAIN TO ALL WHO HELPED ME.
Hanafi
School
Of
Islamic Law
Submitted by:
Prateek S. Chaudhary
B.A.LLB(H)
3rd Semester