Hanafi school

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The Hanafi schoolTemplate:Efn or Hanafism is the largest school of Islamic jurisprudence out of the four principal schools within Sunni Islam. It developed from the teachings of the jurist and theologian Abu Hanifa (c.Template:TrimScript error: No such module "Check for unknown parameters".), who systemised the use of reasoning (Script error: No such module "lang".). Hanafi legal theory primarily derives law from the Quran, the sayings and practices of Muhammad (Script error: No such module "lang".), scholarly consensus (Script error: No such module "lang".) and analogical reasoning (Script error: No such module "lang".), but also considers juristic discretion (Script error: No such module "lang".) and local customs (Script error: No such module "lang".). It is distinctive in its greater usage of Script error: No such module "lang". than other schools.

The school spread throughout the Muslim world under the patronage of various Islamic empires, including the Abbasids and Seljuks. The region of Transoxiana emerged as a centre of classical Hanafi scholarship between the 10th and 12th centuries, which gave rise to the Maturidi school of theology. The Ottoman Empire adopted Hanafism as its official school of law and influenced the legal thought of the school, eventually codifying it as the Script error: No such module "lang". in the 1870s.

Followers of the Hanafi school are called Hanafis, who are estimated to number around 800 million worldwide. As such, it accounts for approximately 45% of all Muslims and remains the largest Islamic school, being predominant in the Balkans, Central Asia, the Caucasus, Turkey, the Levant, and South Asia.

History

The Hanafi school emerged from the legal tradition of Kufa in Iraq, in which its eponym Abu Hanifa (Template:Died in) resided.Template:Sfn Iraqi jurists were known for their use of independent reasoning (Script error: No such module "lang".) in deriving law.Template:Sfn Kufa, alongside Medina and Basra, was a centre of legal activity at the beginning of the second Hijri century. Its prominent jurists included Amir al-Sha'bi, Ibrahim al-Nakha'i and Hammad ibn Abi Sulayman.Template:Sfn The opinions of Abu Hanifa and the earlier Kufan jurists closely correspond,Template:Sfn particularly those of al-Nakha'i.Template:Sfn Abu Hanifa's legal doctrine, as conveyed to his students, was predominantly derived from his own instructors, chiefly Hammad.Template:Sfn Abu Hanifa attended Hammad's study circle for approximately 20 years and inherited it upon Hammad's death.Template:Sfn

Formative period

File:جامع الإمام الأعظم.jpg
The Abu Hanifa Mosque in Baghdad, which houses the tomb of Abu Hanifa

Abu Hanifa and his students were responsible for systemising the use of Script error: No such module "lang".,Template:Sfn of which Abu Hanifa was its "unrivalled master".Template:Sfn According to his contemporary Shu'ba ibn Ayyash, Abu Hanifa was the "most systematic jurist of his time".Template:Sfn His legal thought was distinct for its treatment of hypothetical scenarios, which he held would help prepare for disastrous circumstances. It was also distinct for its method of analogical reasoning (Script error: No such module "lang".). Abu Hanifa would identify the normative, underlying principles of the law from the Quran, hadith and practices of Muhammad's companions, and applied these to solve unprecedented legal cases.Template:Sfn Script error: No such module "lang". and adherence to analogical consistency were defining characteristics of early Hanafis,Template:Sfn who employed juristic discretion (Script error: No such module "lang".) to depart from the results of Script error: No such module "lang". when deemed appropriate.Template:Sfn As Script error: No such module "lang". enabled the treatment of multiple legal cases from a single case, it facilitated the systematic compilation of legal literature.Template:Sfn

There is no record of legal treatises authored by Abu Hanifa.Template:SfnTemplate:Sfn His teachings were transmitted by his disciples Abu Yusuf (Template:Died in) and Muhammad al-Shaybani (Template:Died in), the last of whom was the most prolific.Template:Sfn Later Hanafis termed the corpus of al-Shaybani as the "Script error: No such module "lang"." and ascribed it an authoritative status.Template:Sfn The students of Abu Hanifa established study circles in Baghdad, an emerging hub of cultural activity and the seat of the Abbasid Caliphate.Template:Sfn The school won the support of the centralising Abbasid state, which sought to unify the legal system.Template:Sfn The Abbasids' preference for appointing Hanafi judges assisted in spreading the school. Abu Yusuf served as a judge in Baghdad; the Abbasid caliph Harun al-Rashid (Template:Reign) later appointed him as the chief judge. By the time of al-Shaybani's death, the school had spread to Egypt and Balkh in Tokharistan.Template:Sfn

File:Chester Beatty T 414 fol 130r Abū Ḥanīfa.jpg
16th-century Ottoman miniature depicting Abu Hanifa

Script error: No such module "lang". dialectics involved the interlocutors exploring a series of hypothetical legal cases to delineate the limits of legal assumptions.Template:Sfn In practice, it led Hanafis to favour widely accepted hadith, particularly those which enshrined general principles that were applicable to other cases.Template:Sfn When the widespread collection of hadith led to the circulation of reports that contradicted Hanafi positions, the Hanafis prioritised those that were acted upon by the Iraqi legal tradition.Template:Sfn Reports supported by Iraqi juristic practice were deemed more authoritative than those which were not.Template:Sfn Abu Yusuf and al-Shaybani separately authored works named Kitab al-Athar (Template:Literal translation), which sought to ground Hanafi teachings in the precedent of the early Kufan jurists and the Kufan companions of Muhammad, notably Abd Allah ibn Mas'ud and Ali.Template:Sfn Abu Hanifa himself is known to have used hadith; in Abu Yusuf's Ikhtilaf Abi Ḥanifa wa-Ibn Abi Layla, which lists cases where Abu Hanifa differed with his contemporary Ibn Abi Layla, Abu Hanifa is quoted as citing a hadith in around 10% of the cases presented, but cites narrations attributed to Muhammad's companions more often.Template:Sfn

In contemporary external sources, members of the nascent school were described as the Script error: No such module "lang". ("companions of Abu Hanifa") and the Script error: No such module "lang". ("companions of Script error: No such module "lang".").Template:Sfn Early Hanafi doctrine was attacked by the traditionists,Template:Efn who accused Hanafis of preferring their Script error: No such module "lang". to hadith.Template:Sfn The traditionists primarily found objectionable the Hanafi practice of sometimes favouring Script error: No such module "lang". over hadith that were not widely transmitted (Script error: No such module "lang".).Template:Sfn The identification of Hanafis with the Script error: No such module "lang". in contradistinction to the traditionist Script error: No such module "lang". strengthened during the resurgence of the latter following the Mihna.Template:Sfn Al-Shafi'i (Template:Born in), too, critiqued the Hanafis' treatment of hadith and their claim that their positions reflected those of the Kufan companions of Muhammad.Template:Sfn He further argued that Script error: No such module "lang". was subjective, which later led to classical Hanafi legal theorists articulating it as being completely dependent on the primary sources of law.Template:Sfn

Classical period

During the 9th century, the Hanafi school transitioned from a "personal school" centered around individual jurists and their study circles to a distinct legal community with a collectively recognised doctrine and authoritative figures.Template:Sfn By the end of the century, the school resembled a professional body with a doctrine that was systematically transmitted from teachers to students, maturing into its classical form.Template:Sfn Hanafis began to write commentaries on earlier works; until the 12th century, these were mostly on the works of al-Shaybani.Template:Sfn Al-Quduri (Template:Died in)'s legal primer Script error: No such module "lang". was the classical school's first work of the Script error: No such module "lang". genre and the most authoritative after that of al-Shaybani.Template:Sfn

Criticism from the traditionists led to the Hanafis grounding their positions in hadith over the 9th century.Template:Sfn Some Hanafis moved towards using the traditionists' method of hadith criticism to justify the school's positions, such as the Egyptian jurist al-Tahawi (Template:Died in).Template:Sfn Nonetheless, the classical legal theorists focused on formulating a Hanafi approach to hadith criticism that emphasised a hadith's acceptance by early jurists, with transmitter analysis taking a secondary role.Template:Sfn

File:Kanz al-daḳāʼik = Treasury of intricacies - DPLA - da273d1d1ba56cc98f89f5a8af6f9f80 (page 355).jpg
Manuscript of Script error: No such module "lang"., a legal work by Transoxianan jurist Abu al-Barakat al-Nasafi (Template:Died in)

During the 9th century, the Hanafi school also emerged as the prevailing school in Transoxiana and Tokharistan.Template:Sfn The school was introduced to Transoxiana by the students of Abu Hanifa and al-Shaybani, but became prevalent under the Samanids, during whose rule Hanafi scholars received official favour.Template:Sfn The Transoxianan Hanafi tradition was highly influential in defining the doctrine of the later school.Template:Sfn Works authored by Transoxianan jurists and accorded a high status in later Hanafi tradition include:

The intellectual descendants of al-Sarakhsi and his teacher, Abd al-Aziz ibn Ahmad al-Halwani (Template:Died in), eventually became the primary branch of the Transoxianan tradition. For 300 years after al-Sarakhsi, the Halwani-Sarakhsi branch constituted almost all of the major jurists engaged in rule-formulationTemplate:Efn (Script error: No such module "lang".) within the school, and dominated the process. The process contributed to the stabilisation of the school's laws.Template:Sfn The branch also popularised the doctrine of the Script error: No such module "lang".: that the opinions transmitted from the school's founders command the highest level of authority within the school.Template:Sfn

In the 10th century, the Hanafi theologian Abu Mansur al-Maturidi (Template:Died in) developed a Script error: No such module "lang". tradition that crystallised into the Maturidi school of theology,Template:Sfn which had descended directly from the theological views of the earliest Hanafis.Template:Sfn Due to philosophical differences, the Transoxianan Maturidis disagreed with the Mu'tazilite strain of Iraqi Hanafis on several technical points of legal theory, but saw limited success in expunging the Mu'tazilite influence.Template:Sfn

The Oghuz Turks who founded the Seljuk Empire became attached to the Transoxianan Hanafi tradition. The Seljuks favoured these eastern Hanafis and appointed them to various official positions in their new territories, encouraging their migration out of Central Asia.Template:Sfn During the Seljuk expansion of the 11th and 12th centuries, the Hanafi and Maturidi schools spread westward into Syria, Anatolia and western Persia.Template:Sfn In Syria and Iraq, the Central Asian scholars brought with them an increased emphasis on the Script error: No such module "lang"..Template:Sfn Hanafi migration out of Central Asia accelerated during the Mongol invasions, which ravaged the region.Template:Sfn

Mamluk period

During the 13th and 14th centuries, the Mamluk Sultanate saw an influx of Hanafi scholars from Anatolia and Central Asia. Discussions of Islamic logic and Script error: No such module "lang". in the Mamluk jurisprudential literature reflect the influence of Central Asian scholars.Template:Sfn

Criticism of the Hanafi approach to hadith prompted Mamluk Hanafi scholars to treat the subject in more detail.Template:Sfn In his legal commentary Script error: No such module "lang"., the Mamluk jurist Ibn al-Humam (Template:Died in) engages with the traditionists' approach to hadith criticism,Template:Sfn and attempts to navigate the associated legal consequences.Template:Sfn His approach to hadith influenced later Egyptian and Syrian Hanafi scholars.Template:Sfn This "Egyptian school" of Hanafi hadith criticism referenced hadith from the hadith collections instead of Hanafi legal works, and employed the traditionists' terminology to assess their authenticity.Template:Sfn

Mamluk jurists faced difficulties in interpreting the plurality of legal opinions that had accrued in the school. In his work Script error: No such module "lang"., the Mamluk jurist Template:Interlanguage link (Template:Died in) developed and detailed the process of rule-determination,Template:Efn clarifying the role of precedent and enabling other jurists to engage in the process themselves, and thus determine the applicable legal ruling for a given case. It marked a shift in the material consulted by muftis from the primary literature of the school to its secondary literature, comprising legal commentaries and compendia which contained rulings.Template:Sfn

Ottoman era

File:Multaqa al abhur.jpg
17th-century manuscript of Ibrahim al-Halabi's Script error: No such module "lang".

The Ottoman Empire adopted the Hanafi school as their official legal school.Template:Sfn The Ottomans established an extensive network of madrasas to train jurists, with the most prestigious located in the capital Constantinople.Template:Sfn By the 16th century, the Şeyḫülislâm emerged as the chief imperial religious and judicial authority.Template:Sfn The Şeyḫülislâm was appointed by the sultan and presided over the imperial canon,Template:Sfn a collection of legal texts that the imperial religious hierarchy was required to consult.Template:Sfn Many jurists from Arab provinces of the empire were critical of the imperial canon, partly because of its inclusion of later works which they judged as contradicting the preferred opinions (Script error: No such module "lang".) of the school.Template:Sfn The sultans influenced the formation of the imperial religious hierarchy by appointing muftis directly and through the Şeyḫülislâm, delineating the range of legal opinions in the Ottoman Hanafi tradition.Template:Sfn Members of the imperial religious hierarchy were described as "Script error: No such module "lang".".Template:SfnTemplate:Sfn Intellectual genealogies (Script error: No such module "lang".) authored by the imperial religious hierarchy aimed to demarcate the institution, situate themselves and their endorsed works in the broader Hanafi tradition and construct an unbroken intellectual chain to Abu Hanifa.Template:Sfn

Hanafi law co-existed with the Script error: No such module "lang". (dynastic law), decrees and edicts promulgated by the sultans. The Script error: No such module "lang". often reaffirmed religious laws; in other cases, it authorised actions that the jurists opposed, such as torture.Template:Sfn The Şeyḫülislâm would sometimes request sultanic edicts to require the imperial religious hierarchy to enforce particular rulings of the school.Template:Sfn The Maʿrūḍāt of the Şeyḫülislâm Ebussuud Efendi (Template:Died in), a collection of fatwas endorsed by Suleiman I, contained sultanic edicts and was frequently referenced in later Hanafi works which considered its opinions binding.Template:Sfn Late Hanafis believed that judges could act as deputies of the sultan who could thus regulate, inter alia, the legal opinions judges could reference, such as in the case of inter-school disputes.Template:Sfn In the 17th and 18th centuries, Hanafi jurists began to incorporate sultanic edicts into authoritative legal works.Template:Sfn

File:Mecelle-yi ahkâm-i adliye - 1305.pdf
A page from the Ottoman Turkish edition of the Script error: No such module "lang".

Ibrahim al-Halabi (Template:Died in)'s legal manual Script error: No such module "lang". was among the most popular in the empire and was the subject of over 70 commentaries.Template:Sfn By the 19th century, it had become the standard legal textbook.Template:Sfn Other popular Ottoman manuals were the Script error: No such module "lang". of Molla Hüsrev (Template:Died in) and al-Durr al-Mukhtar of Haskafi.Template:Sfn The Script error: No such module "lang". of the late Arab Ottoman jurist Ibn Abidin (Template:Died in) is considered an authoritative and representative work of the late Hanafi tradition.Template:Sfn It lists most opinions within the school and their level of authoritativeness, incorporating most primary Hanafi sources produced until its writing.Template:Sfn It employs legal devices such as necessity (Script error: No such module "lang".) to depart from the canonical Script error: No such module "lang". where necessary to ensure the continued relevancy of the school, and references sultanic edicts to revise the school's opinions.Template:Sfn

Between 1869 and 1877, the Ottomans promulgated the Script error: No such module "lang"., a codification of Hanafi jurisprudence.Template:Sfn The Script error: No such module "lang". was drafted by a committee led by the jurist Ahmed Cevdet Pasha,Template:Sfn who had successfully argued against the implementation of the Napoleonic Code.Template:Sfn It drew from the Hanafi literature on legal maxims (Script error: No such module "lang".) and to a great degree favoured the opinions of the late Hanafi tradition.Template:Sfn Many of its articles were fully or partially derived from al-Halabi's Script error: No such module "lang"..Template:Sfn However, the Script error: No such module "lang". also marked the state's assumption of control over jurisprudence, which had previously been the purview of the decentralized juristic community.Template:Sfn

Indian subcontinent

File:Manuscript copy of al-Fatawa al-'Alamgiriyyah.jpg
William Jones' manuscript of the Script error: No such module "lang".

The Hanafi school spread to India from Transoxiana and eastern Persia.Template:Sfn To consolidate control over his realm, the Mughal emperor Awrangzib (Template:Reign) ordered the compilation of Hanafi Script error: No such module "lang".. Completed between 1664 and 1672, the resulting Script error: No such module "lang". selected legal opinions from earlier Hanafi legal works and is modelled after the Script error: No such module "lang". of al-Marghinani.Template:Sfn

During the colonization of India, the East India Company sought to create a "complete digest of Hindu and Mussulman law" to eliminate legal pluralism. The resulting Anglo-Muhammadan law was based in part on a translation of al-Marghinani's Script error: No such module "lang"., which was chosen for its brevity and its belonging to the Hanafi school, which most Indian Muslims followed. Consequently, the Script error: No such module "lang". was effectively codified and severed from the Hanafi commentarial tradition under which it was traditionally interpreted.Template:Sfn

In the 19th century, the Barelvi and Deobandi movements emerged in India.Template:Sfn Their legal views included strict adherence (Script error: No such module "lang".) to a legal school in contradistinction to the Ahl-i Hadith movement,Template:Sfn and emphasised the importance of hadith.Template:Sfn The Deobandi acceptance of Ibn al-Humam's approach to hadith criticism culminated in the Script error: No such module "lang". of Deobandi scholar Zafar Ahmad Usmani (Template:Died in),Template:Sfn a work that attempts to justify Hanafi positions using hadith.Template:Sfn

Demographics

File:Madhhab Map3.png
Global distribution of the Islamic schools of law

Today, the Hanafi school is the largest Islamic school of law, numbering more than 800 million and constituting around 45% of all Muslims.Template:Sfn It is the predominant school in the former Ottoman territories, including Albania, Azerbaijan,Template:Sfn Bosnia, Turkey, and much of the Levant.Template:Sfn It is also predominant amongst Pomaks in parts of Bulgaria and Crimea amongst Crimean Tatars.Template:Sfn The South Asian Muslim populations in Afghanistan, Pakistan, Bangladesh, Nepal, India and, in Myanmar (amongst Rohingya Muslims), adheres to the Hanafi school.Template:Sfn Egypt is a mix of the Hanafi, Maliki and Shafi’i schools.Template:Sfn

The Eurasian regions of Caucasus specifically Western: (Adygea, Kabardino-Balkaria, Karachay-Cherkessia) and also in Eastern (Dagestan amongst Nogais) are also mainly Hanafi.Template:Sfn The Russian Muslim minority in Tatarstan amongst Volga Tatars, Bashkortostan amongst Bashkirs are Hanafis.Template:Sfn Northern Cypriot Muslims predominantly follow the Hanafi school.Template:Sfn Central Asian countries such as Kazakhstan, Kyrgyzstan, Uzbekistan, Turkmenistan and Tajikistan, practice Hanafi jurisprudence; so do the Muslim Uyghur minority in Xinjiang, China, and the Muslim Baloch minority in southeastern Iran.Template:SfnTemplate:Sfn Missionary activates of the Tablighi Jamaat have promoted the Hanafi school throughout Africa, especially in Somalia,Template:Sfn and South Africa.Template:Sfn It is one of two dominant schools of thought practiced among Muslims in the United States, the other one being Shafi'i.Template:Sfn

The Ottoman Mecelle was repealed by most post-Ottoman states over the first half of the 20th century. Parts remained in force in Jordan and Israel until the 1970s.Template:Sfn Where it is dominant, the Hanafi school is followed in religious observance and, in some regions, continues to govern Muslim family law.Template:Sfn

Legal theory

The legal theory (Script error: No such module "lang".) of the Hanafi school recognises the following sources of law, listed in order of epistemic authority: the Quran, the practices and sayings of Muhammad (Script error: No such module "lang".) as documented in the hadith, consensus of opinion (Script error: No such module "lang".), Script error: No such module "lang"., Script error: No such module "lang". and local customs (Script error: No such module "lang".).Template:Sfn Texts with equal epistemic authority may modify each other; if they are of differing levels, the text with the weaker epistemic authority is rejected in favour of the stronger one.Template:Sfn

Quran

The Quran is the primary source of Hanafi law. In Hanafi legal theory, it is considered acceptable to adduce non-canonical Quranic readings related by the companions of Muhammad as legal evidence, but they are not treated as part of the Quranic text.Template:Sfn For example, classical Hanafi jurists are known to have cited the non-Uthmanic reading of Ibn Mas'ud but treated it akin to an exegetical gloss.Template:Sfn

Hadith

The Hanafis categorise hadith as mass-transmitted (Script error: No such module "lang".), famous (Script error: No such module "lang".) or solitary (Script error: No such module "lang".) depending on the nature of their chain of transmission (Script error: No such module "lang".):Template:Sfn

  • A Script error: No such module "lang". hadith is transmitted by such a large number of people on each level of its Script error: No such module "lang". that it is impossible for it to have been forged.Template:Sfn It imparts epistemically certain knowledge about the Script error: No such module "lang"..Template:Sfn
  • A Script error: No such module "lang". hadith is transmitted by a limited number of people at the first level of its Script error: No such module "lang". but was widely acted upon by jurists, beginning with their first generations.Template:Sfn It imparts epistemically near-certain knowledge about the Script error: No such module "lang"..Template:Sfn
  • An Script error: No such module "lang". hadith, also known as a "singular report" (Script error: No such module "lang".), is one which is neither Script error: No such module "lang". nor Script error: No such module "lang"..Template:Sfn

Only Script error: No such module "lang". and Script error: No such module "lang". hadith may abrogate a Quranic verse, whether by replacing, qualifying or restricting its understanding.Template:Sfn An Script error: No such module "lang". hadith cannot be adduced in legal discussions of "great importance" as Hanafis assume that God would have ensured the reliable transmission of critical religious knowledge; nor can it be used if its early transmitters did not act upon it, as Hanafis assume that their inaction indicates that it is not part of the Script error: No such module "lang"..Template:Sfn

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Script error: No such module "lang". refers to the consensus of opinion. Script error: No such module "lang". may be explicit, with all mujtahids agreeing verbally or through actions, or tacit, where some express an opinion while others remain silent. In the Hanafi view, tacit Script error: No such module "lang". can only establish a concession (Script error: No such module "lang".) rather than a strict rule (Script error: No such module "lang".).Template:Sfn The Hanafis believe that the companions of Muhammad reached Script error: No such module "lang". on some matters, and some Hanafis regard agreement between Abu Bakr and Umar, the first two Rashidun caliphs, as being Script error: No such module "lang"..Template:Sfn

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Script error: No such module "lang"., also referred to analogical reasoning, involves extending a ruling on an original case (Script error: No such module "lang".) to a subsidiary case ('far) where both cases share an effective cause ('illah).Template:Sfn For example, because of the prohibition of usury, it is forbidden to exchange wheat and other commodities for each other unless the transaction is immediate and the amount of both goods are equal. Hanafis extend this prohibition to apples through Script error: No such module "lang"., as they identify the underlying 'illah as the exchange of a measurable commodity, and apples are measurable.Template:Sfn

Compared to the other Sunni and Shia schools of law, Hanafis use Script error: No such module "lang". more extensively and grant it greater authority.Template:Sfn However, it is deemed a last resort only to be used when no ruling can be derived from the Quran, Script error: No such module "lang". and Script error: No such module "lang"..Template:Sfn Hanafis view Script error: No such module "lang". as a means of revealing pre-existing implicit rulings within the law rather than as a source of new rulings.Template:Sfn Because the law is viewed as coherent and internally consistent, a valid Script error: No such module "lang". must accord with the internal rationality of the law.Template:Sfn

If a ruling derived from Script error: No such module "lang". conflicts with that from an ahad hadith, the Hanafis disagree on which takes precedence. One group argues that the Script error: No such module "lang". hadith always takes precedence, while a second group, led by Isa ibn Aban (Template:Died in), opine that it only takes precedence if transmitted by a companion of Muhammad known to be a jurist.Template:Sfn In general, the early classical school always followed hadith transmitted by jurist-companions regardless of its correspondence with Script error: No such module "lang"., but followed hadith transmitted by non-jurist companions only if it corresponded with a possible Script error: No such module "lang"., and thus accorded with the internal rationale of the law.Template:SfnTemplate:Efn By the Ottoman period, however, the distinction had become less popular and non-jurist companions were largely treated the same as jurist companions.Template:Sfn

The Hanafis require the original case to not directly state the 'illah. The 'illah must be deduced by other means.Template:SfnTemplate:Sfn If the 'illah is stated, then the ruling is applied to other cases via the "indication of the text" (dalalat al-nass), not Script error: No such module "lang"..Template:Sfn Script error: No such module "lang". is an exercise in linguistic interpretation rather than analogical reasoning.Template:SfnTemplate:Sfn

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Script error: No such module "lang". refers to juristic discretion. The Hanafi jurist al-Sarakhsi (Template:Died in) describes it as a means through which a jurist can depart from a ruling derived through Script error: No such module "lang". to ameliorate hardship, where the new ruling is typically supported by a superior proof, such as the Quran, Script error: No such module "lang"., necessity (Script error: No such module "lang".) or an alternative Script error: No such module "lang"..Template:Sfn For example, by way of necessity, the Hanafi jurists allow a son to buy food or medicine for his ill father from the father's property without his prior permission.Template:Sfn Hanafi Script error: No such module "lang". based on necessity is, however, less broad than Maliki Script error: No such module "lang". based on public welfare (Script error: No such module "lang".).Template:Sfn

Script error: No such module "lang". emerged out of concerns among Hanafis that unrestrained Script error: No such module "lang". could lead to results that were absurd or contradicted the Script error: No such module "lang"..Template:Sfn The earliest Hanafis, including Abu Hanifa and al-Shaybani, more frequently used Script error: No such module "lang". justified by subjective and pragmatic reasoning rather than on evidential grounds.Template:Sfn Their use of Script error: No such module "lang". sought to change the scope or outcome of a ruling due to its potential effects. More often than not, they deployed Script error: No such module "lang". in a way that cannot be considered as ameliorating hardship, such as establishing the liability of a group of thieves involved in theft even if only one of them carried the stolen goods.Template:Sfn Subjective Script error: No such module "lang". declined due to attacks from al-Shafi'i, and Hanafi legal theorists would systemise it into the form eventually espoused by al-Sarakhsi,Template:Sfn attempting to incorporate elements of subjectivity into the definition of necessity.Template:Sfn

Script error: No such module "lang".

Script error: No such module "lang". refers to customary practices. The Hanafis consider it as an ancillary source of law that is subordinate to the primary sources of law.Template:Sfn Script error: No such module "lang". is divided into two types: general (Script error: No such module "lang".) and special (Script error: No such module "lang".). A general Script error: No such module "lang". refers to a customary practice that is widely accepted among a people regardless of the time period. As part of Script error: No such module "lang"., the Hanafis permit favouring general Script error: No such module "lang". over a ruling derived through Script error: No such module "lang".. A special Script error: No such module "lang". is more local and is upheld by a particular location or profession. Most Hanafis agree that special Script error: No such module "lang". cannot qualify the general meaning of a textual evidence (Script error: No such module "lang".), and that a ruling derived from Script error: No such module "lang". takes precedence over special Script error: No such module "lang"., although there is some disagreement on this.Template:Sfn Turkish academic Ali Bardakoğlu suggests that the emphasis given to Script error: No such module "lang". in Hanafi legal theory can partly explain the spread of the school among disparate non-Arab groups.Template:Sfn

List of Hanafite scholars

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References

Notes


Citations

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Bibliography

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  • Branon Wheeler, Applying the Canon in Islam: The Authorization and Maintenance of Interpretive Reasoning in Ḥanafī Scholarship (Albany, SUNY Press, 1996).
  • Dudgeon, Hamza (2022). "The Hanafis". In Leaman, Oliver (ed.). Routledge Handbook of Islamic Ritual and Practice. Routledge. pp. 65–89. Template:ISBN.
  • Behnam Sadeghi (2013), The Logic of Law Making in Islam: Women and Prayer in the Legal Tradition, Cambridge University Press, Chapter 6, "The Historical Development of Hanafi Reasoning". Template:ISBN
  • Nurit Tsafrir (2004), The History of an Islamic School of Law: The Early Spread of Hanafism (Harvard, Harvard Law School, 2004) (Harvard Series in Islamic Law, 3).
  • El Shamsy, Ahmed (2013). The Canonization of Islamic Law: A Social and Intellectual History. Cambridge University Press. Template:ISBN.
  • Ayoub, Samy A. (2019). Law, Empire, and the Sultan: Ottoman Imperial Authority and Late Hanafi Jurisprudence. Oxford University Press. Template:ISBN.
  • Burak, Guy (2015). The Second Formation of Islamic Law: The Hanafi School in the Early Modern Ottoman Empire. Cambridge University Press. Template:ISBN.

External links

Template:Hanafi scholars Template:Authority control