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The brief Introduction to the Life and Fiqh Methodologies of the Four Imams of Ahl alSunnah

By

Abu Abdullah Irfan Jameel al-Hanbali

The Life of Imam Abu Hanifa The Great Imam and master of Fiqh
The understanding of the laws and code of conduct of Islam is something that has constantly been evolving throughout Islamic history. The first generations of Muslims after the Rasullullah had a much easier time understanding what is expected out of them as Muslims because they had access to the Sahaba, the companions of the Rasullullah . As history progressed, however, a need arose to codify Islamic laws into organized and easy to access law codes. The first person who undertook this monumental task was the great scholar Imam Abu Hanifa. Through his efforts, the first school of fiqh (Islamic jurisprudence), the Hanafi school, developed. Today, the Hanafi School is the largest and most influential among the four schools (madhhabs) of fiqh.

Early Life and Education


Abu Hanifas given name was Numan ibn Thabit. He was born in 699 in the Iraqi city of Kufa, to a family of Persian origin. His father, Thabit, was a successful businessman in Kufa and thus the young Abu Hanifa intended to follow in his fathers footsteps. Living under the oppressive reign of the governor of Iraq, alHajjaj ibn Yusuf, Abu Hanifa stayed focused on running the family silk-making business and generally steered clear of scholarship. With the death of al-Hajjaj in 713 came the removal of oppressive policies regarding scholars, and Islamic scholarship soared in Kufa, especially during the reign of Umar ibn Abd al-Aziz (717-720). Thus, by his teenage years, Abu Hanifa began to study under some of the resident scholars of Kufa. He even got the opportunity to meet between eight and ten companions of Rasullullah , among them Anas ibn Malik, Sahl ibn Sad, and Jabir ibn Abdullah. After learning from some of the greatest scholars of Kufa, he went on to study in Makkah and Madinah under numerous teachers, namely Ata ibn Abu Rabah, who was known as one of the greatest scholars of Makkah at the time. He soon became an expert in the sciences of fiqh (Jurisprudence), Tafsir (exegesis of the Quran), and Kalam (seeking theological knowledge through debate and reason). In fact, the concept of using debate and logic became a cornerstone of his methodology for seeking Islamic laws.

His School of Fiqh

The Imam Abu Hanifa Mosque in Baghdad

Imam Abu Hanifa was a firm believer that a code of laws cannot stay static for too long, at the risk of no longer meeting the needs of the people. Thus he advocated interpreting the sources of Islamic law (usul al-fiqh) in response to the needs of the people at the time. This dynamic form of legalism did not supersede the Quran and Sunnah (sayings and doings of the Rasullullah ), of course. Instead, he promoted the use of the Quran and Sunnah to derive laws that addressed the issues that people dealt with at that time. A major aspect of his methodology was the use of debate to derive rulings. He would commonly pose a legal issue to a group of about 40 of his students, and challenge them to come up with a ruling based on the Quran and Sunnah. Students would at first attempt to find the solution in the Quran, if it was not clearly answered in the Quran, they would turn to the Sunnah, and if it was not there, they would use reason to find a logical solution. Abu Hanifa based this methodology on the example when Rasullullah sent Muadh ibn Jabal to Yemen and asked him how he will resolve issues using Islamic law. Muadh responded that he would look into the Quran, then the Sunnah, and if he does not find a direct solution there, he would use his best judgement, an answer that Rasullullah was pleased with. Using such a process for codifying fiqh, the Hanafi madhhab (school of law) was thus founded, based on the rulings of Imam Abu Hanifa, and his prominent students, Abu Yusuf, Muhammad al-Shaybani, and Zuffar. It became the first

codified madhhab, through the main book of Abu Hanifas legal opinions, al-Fiqh al-Akbar.

His Legacy

A map of the distribution of madhhabs worldwide today. The Hanafi madhhab is in light green. Numerous times throughout his later life, Abu Hanifa was offered a position as a chief judge in the city of Kufa. He consistently refused such appointments and thus found himself regularly imprisoned by both the Umayyad and later, the Abbasid authorities. He died in the year 767 while in prison. A masjid was built in his honour in Baghdad years later, and was renovated in the Ottoman period by the monumental architect Mimar Sinan. His school of law became very popular in the Muslim world not long after his death. As the official madhhab of the Abbasid, Mughal, and Ottoman Empires, his school became very influential throughout the Muslim world. Today, it is very popular in Turkey, Syria, Iraq, the Balkans, Egypt, and the Indian Subcontinent.

Students of Imam Abu Hanifa & Their Books

Abu Hanifah wrote many books, and his students also authored many important books on Islam. The books of Abu Hanifah include Fiqh ul-Akbar and Al Alimwal-Mutaallim. Some of the famous books of those who followed his Madhhab include, but are not limited to the following: Al Kharaj (Fiqh on Islamic Economic System) by Qadi Abu Yusuf Al Mabsoot by As-Sarkhasi (Fiqh) Badaee as-Sanaee by Al-Kasaani (Fiqh) Fathul Qadeer by Kamal ibn Humam (Fiqh) Kitab-ul Usul-ul Fiqh by Al Bazdawi (Usul al-Fiqh) Muwatta by Muhammad al-Shaybani (Hadith) Kitab-ul-Aathar by Yusuf bin Abu Yusuf (Hadith)

Sources of Law used by the Hanafi Madhhab


The early jurists of this Madhhab deduced Islamic laws from the following sources, which are listed in the order of their importance: 1. The Quraan They considered the Quraan to be the primary unquestionable source of Islamic law. In fact it was used to determine the accuracy of the other sources. Accordingly any other source that contradicted the Quraan was considered inaccurate. 2. The Sunnah The Sunnah was consulted as the second most important source of Islamic law, but with some qualification as to its use. They stipulated that it was not sufficient that a Hadeeth be accurate (Saheeh), but it had to be also widely known (Mashhoor), if it was to be used as a legal proof. This condition was laid down as a safeguard against false Hadeeths which were cropping up frequently in that region where only a few notable Sahaabah had settled (Alee and Ibn Masood). 3. Ijmaa of the Sahaabah Third is importance as a source of Islamic law was the unanimous opinion of the Sahaabah on any point of law not specified in the Quraan or the Sunnah. That is, Ijmaa of the Sahaabah on any point of law not specified in the Quraan or the Sunnah. That is, Ijmaa of the Sahaabah was given precedence over the personal opinions of Abu Haneefah and his students in their deduction of Islamic law. The Hanafi Madhhab also accepts the Ijmaa of Muslim scholars of any age as valid and binding on Muslims. 4. Individual opinion of the Sahaabah

If there were different opinions among the Sahaabah on a particular point of law and no Ijmaa was subsequently formed, Abu Haneefah would choose the opinion which appeared most appropriate to the case in question. In establishing this as a vital principle of his Madhhab, Abu Haneefah again gave more weight to the opinions of the Sahaabah than to his own. However, he did apply his own reasoning in a limited sense by choosing one of their various opinions. 5. Qiyaas (Analogical deduction) Abu Haneefah felt no obligation to accept the deductions of the students of the Sahaabah (Taabioon) in areas where no clear proof was available from any of the above mentioned sources. He considered himself the equal of the Taabioon and would make his own Ijtihaad based on the principles of Qiyaas which he and his students established. 6. Istihsaan (Preference) Istihsaan, in short, is the preference of one proof over another proof because it appears more suitable, even though the preferred proof may be technically weaker than the one it is preferred to. This may involve the preference of a Hadeeth which is specific over a general one, or it may even involve the preference of a more suitable law over the one deduced by Qiyaas. 7. Urf (Local Custom) Local customs were given legal weight in areas where there were no binding Islamic customs available. It was through the application of this principle that various customs found in the multiplicity of cultures within the Islamic world entered the legal system and became mistakenly classified as Islamic.

Followers of the Hanafi Madhhab


Those who now follow the Hanafi Madhhab are found mostly in India, Afghanistan, Pakistan, Iraq, Syria, Turkey, Guyana, Trinidad, and Surinam and to some extent Egypt. When the Ottoman rulers codified Islamic law according to the Hanafi Madhhab in the nineteenth century CE and made it state law, any scholar who aspired to be a judge was obliged to learn it. As a result, the Madhhab spread throughout the Ottoman Islamic State during the last Part of the nineteenth century.

Imam Malik The Imam of Ahl al-Madinah


The collection and codification of Islamic law has historically been one of the most important, and challenging, tasks that the Muslim community has undertaken in 1400 years of history. To be considered a faqih (an expert in Islamic law fiqh), one must have mastery of the Quran, the sayings of Rasullullah , other sources of law, as well as other subjects such as grammar and history. One of the giants of Islamic law was the 8th century scholar of Madinah, Malik ibn Anas. At a time when the Muslim community desperately needed the sciences of fiqh and hadith (sayings and doings of Rasullullah ) to be organized, Imam Malik rose to the occasion. His legacy is manifest in his continued influence throughout the Muslim world, both through his own works and the works of those he helped guide on a path of scholarship and devotion to Islam. Early Life and Education Imam Malik was born in 711 in the city of Madinah, 79 years after the death of Rasullullah in that same city. His family was originally from Yemen, but his grandfather had moved to Madinah during the reign of Umar ibn al-Khattab. Both his father and grandfather had studied religious sciences under the Companions of the Rasullullah who still lived in Madinah, and thus young Malik was raised in an environment that was based on Islamic scholarship, learning from his father and uncle. Imam Maliks uncle, Nafi, was an eminent scholar in his own right, and narrated hadith from Aisha, Abu Hurayrah, and Abdullah ibn Umar, all companions who are noted for their vast knowledge of hadith. Although the political centre of the Muslim world shifted away from Madinah during the caliphate of Ali in the 650s, it remained the intellectual capital of Islam. In this capital of Islamic knowledge, Imam Malik mastered the sciences of hadith, Tafsir (interpretation of the Quran), and fiqh. The Scholar of Madinah After an immense amount of study that extended into his 20s and 30s, Imam Malik became known as the most learned man in Madinah at his time. He became a teacher, attracting a huge number of students to lectures, which he held in the mosque of the Rasullullah . He used to sit on the pulpit of the mosque with the Quran in one hand and a collection of hadith in the other and offer legal rulings and opinions based on those two sources.

Students flocked to his lectures from all corners of the Muslim world. Among his more notable students were Abu Yusuf, Muhammad al-Shaybani (they were Abu Hanifahs two most important students as well), and Imam al-Shafii.

Imam Malik held his classes in the Masjid al-Nabawi in Madinah

The most unique aspect of Imam Maliks methodology in fiqh was his reliance on the practices of the people of Madinah as a source of law. In the study of fiqh, there are numerous sources that are used to derive laws. The first and second most important sources are always the Quran and Sunnah. After those two, however, the great scholars of fiqh differed on the next most important source of law. Imam Malik believed that the practices of the people of Madinah should be seen as an important source. His reasoning for this was that Madinah at that time was not far removed from the Madinah of Rasullullah . It had been spared the political and social upheaval that much of the rest of the Muslim world dealt with. And the people living in the city had been taught Islam by their ancestors who had been Companions of the Rasullullah or students of the Companions. He thus reasoned that if all of the people of Madinah practiced a particular action and it did not contradict the

Quran and Sunnah, then it can be taken as a source of law. He is unique among the four great imams of fiqh in this opinion. In order to ease the study of fiqh and hadith, Imam Malik compiled a book known as the al-Muwatta. This was the first book that attempted to compile only sound and reliable sayings of Rasullullah into one book. Imam Malik said that he showed his book to seventy scholars in Madinah, who all approved it, thus he gave it the name al-Muwatta, meaning The Approved. Al-Muwatta was a landmark book. It helped establish the science of hadith, particularly the judging of chains of narrations for hadith. Imam Malik was so thorough in his selection of hadith that it has been placed on the same level (and sometimes above) the hadith compilations of Imams - Bukhari and Muslim. Imam Shafii even stated that there is no book on earth, after the Quran, that is more authentic than the Muwatta. Imam Maliks work was so influential as a book of fiqh that the caliph of the time, Harun al-Rashid, demanded that it be mass-printed and made the official book of fiqh for the Abbasid Empire. Imam Malik, however, refused. He knew that no one interpretation of Islamic law was perfect and all-encompassing. As such, he refused to allow his fiqh to become official, even under threat of persecution and imprisonment.

Imam Maliks Character Besides being one of the greatest scholars of fiqh in history, Imam Malik was an incredibly humble and meticulous Muslim. Out of respect for the Rasullullah and his words, he would refuse to narrate a hadith while walking. Instead, when asked about a hadith, he would stop, sit down, and give the hadith the attention it deserved, out of respect for Rasullullah . He would also refuse to ride any animal in the city of Madinah, seeing it as unfathomable that he would ride on the same dust that Rasullullah s feet walked on. This type of extra respect and meticulousness out of respect for Rasullullah certainly is not mandatory according to Islamic law, but simply a sign of the emphasis Imam Malik placed on the importance of Rasullullah .

Imam Maliks seminal work, al-Muwatta

Among Imam Maliks sayings are: The Sunnah is the ark of Nuh. Whoever boards it is saved, and whoever remains away perishes. Knowledge does not consist in narrating much. Knowledge is but a light which Allah places in the heart. None renounces the world and guards himself without then ending up speaking wisdom. When Imam Malik embarked on the study of Islamic sciences with a teacher, his mother advised him to learn from your teacher his manners before you learn from him his knowledge. Imam Maliks ideology on fiqh developed into the Maliki madhhab (school). As Imam Malik wished, it was not imposed on Muslims as the sole school of Islamic law. Instead, it complemented the other three schools that took precedence in the

Sunni Muslim world the Hanafi, Shafii, and Hanbali schools. The Maliki School became very popular in North and West Africa, as well as Muslim Spain. Today it remains the main madhhab of North and West Africa. Imam Malik died at the age of 85 in the year 795. He was buried in the Baqee Cemetery in Madinah.

Famous Books of the Madhhab:

Formation of the Maliki Madhhab


Imaam Maaliks method of teaching was based on the narration of Hadeeths and the discussion of their meanings in the context of problems of that day. He would either narrate to his students Hadeeths and Athars (statements of the Sahaabah) on various topics of Islamic law then discuss their implications, or he would inquire about problems which had arisen in the areas from whence his students came, then narrate appropriate Hadeeths or Athars which could be used to solve them. After Maalik completed al-Muwatta, he used to narrate it to his students as the sum total of his Madhhab, but would add or subtract from it slightly, whenever new information reached him. He used to strictly avoid speculation and hypothetical Fiqh and thus his school and its followers were referred to as the people of Hadeeth (Ahl al-Hadeeth).

Sources of Law Used by the Maliki Madhhab


Imaam Maalik deduced Islamic law from the following sources which are listed in the order of their importance. 1. The Quraan Like all the other Imaams, Maalik considered the Quraan to be the primary source of Islamic law and utilized it without laying any pre-conditions for its applications. 2. The Sunnah The Sunnah was used by Imaam Maalik as the second most important source of Islamic law, but, like Abu Haneefah, he put some restrictions on its use. If a Hadeeth were contradicted by the customary practice of the Madeenites, he rejected it. He did not, however, insist that a Hadeeth be Mash-hoor (well-known) before it could be applied as Abu Haneefah did. Instead he used any Hadeeth that was narrated to him as long as none of the narrators were known liars or extremely weak memorizers.

3. Amal (practices) of the Madeenites Imaam Maalik reasoned that since many of the Madeenites were direct descendants of the Sahaabah and Madinah was where the Rasullullah spent the last ten years of his life, practices common to all Madeenites must have been allowed, if not encouraged by the Rasullullah himself. Thus, Imaam Maalik regarded common Madeenite practices as a form of highly authentic Sunnah narrated in deeds rather than words. 4. Ijmaa of the Sahaabah Imaam Maalik like Abu Hanifah considered the Ijmaa of the Sahaabah, as well as that of later scholars, as the third most important source of Islamic law. 5. Individual Opinion of the Sahaabah Imaam Maalik gave full weight to the opinions of the Sahaabah, whether they were conflicting or in agreement, and included them in his book of Hadeeth, alMuwatta. However, the consensus of the Sahaabah was given precedence over individual opinions of the Sahaabah. Where there was no consensus, their individual opinions were given precedence over his own opinion. 6. Qiyaas Maalik used to apply his own deductive reasoning on matters not covered by the previously mentioned sources. However, he was very cautious about doing so because of the subjectivity of such forms of reasoning. 7. Customs of the Madeenites Imaam Maalik also gave some weight to isolated practices found among a few people of Madinah so long as they were not in contradiction to known Hadeeths. He reasoned that such customs, though occurring only in isolated instances, must also have been handed down from earlier generations and sanctioned by the Sahaabah or even the Rasullullah himself. 8. Istislaah (Welfare) The principle of Istihsaan developed by Abu Haneefah was also applied by Maalik and his students except that they called it by the name Istislaah which means seeking that which is more suitable. It deals with things which are for human welfare but have not been specifically considered by the Shariah. An example of Istislaah is found in Caliph Alis ruling that a whole group of people who took part in a murder were guilty even though only one of the group had actually committed the act of murder. Another example is the right of a Muslim leader to collect taxes from the rich other than Zakaah if the interest of the state demands it, whereas in Shariah only Zakaah has been specified. Imaam Maalik also applied the principle of Istislaah to deduce laws more in keeping with needs which arose from current situations than those deduced by Qiyaas.

9. Urf (Custom) Like Abu Haneefah, Maalik considered the various customs and social habits of people throughout the Muslim world as possible sources of secondary laws as long as they did not contradict either the letter or the spirit of the Shariah. According to custom in Syria, for example, the word Daabbah means a horse, whereas its general meaning in Arabic is four legged animal. Hence, a contract made in Syria requiring payment in the form of a Daabbah would legally mean a horse whereas elsewhere in the Arab world it would have to be more clearly defined as a horse.

Main students of the Maliki Madhhab


The most notable of Maliks students who did not later form their own Madh-habs were al-Qaasim and Ibn Wahb. Abu Abd al-Rahmaan Ibn al-Qaasim (745-813 CE) Al-Qaasim was born in Egypt but travelled to Madinah where he studied under his teacher and mentor for a period of more than twenty years. He wrote an extensive book on the Fiqh of the Madhhab, eclipsing even al-Muwatta of Maalik himself and called it al-Mudawwanah. Abu Abdullah ibn Wahb (742-819 CE) Ibn Wahb also travelled from Egypt to Madinah in order to study under Imaam Maalik. He distinguished himself in th deduction of laws to such a degree that Maalik gave him the title of al-Mufti, which means the official expounder of Islamic law. Ibn Wahb was offered an appointment as judge of Egypt, but turned it down in order to maintain his integrity as an independent scholar. Maalik had other famous students from other madh-habs. Some of them modified their own Madh-habs based on what they learnt from Maalik, for example, Muhammad ash-Shaybani who was among the foremost students of Abu Haneefah. There were others who developed their own Madhhabs by combining Maliks teachings with that of others, for example Muhammad ibn Idrees ashShafii who studied for many years under Imaam Maalik as well as under Abu Hanifahs student Muhammad as-Shaybani.

Followers of the Maliki Madhhab


Today, the followers of this Madhhab are found mostly in Upper Egypt, Sudan, North Africa (Tunisia, Algeria and Morocco), West Africa (Mali, Nigeria, Chad, etc.) and the Arabian Gulf states (Kuwait, Qatar, and Bahrain).

Imam al-Shafii the Father of Usul al-Fiqh


In the study of fiqh, Islamic jurisprudence, different schools have developed over time. These schools were founded by the greatest legal minds in Islamic history, and expanded upon by their successors in their schools. Each one of these imams added a unique and new dimension to the understanding of Islamic law. For the third of the four great imams, Imam Muhammad al-Shafii, his great contribution was the codifying and organization of a concept known as usul al-fiqh the principles behind the study of fiqh. During his illustrious career, he learned under some of the greatest scholars of his time, and expanded on their ideas, while still holding close to the Quran and Sunnah as the main sources of Islamic laws. Today, his madhhab (school of thought), is the second most popular on earth, after the madhhab of Imam Abu Hanifa. Early Life Muhammad ibn Idrees al-Shafii was born in 767 (the year of Imam Abu Hanifas death) in Gaza, Palestine. His father died when he was very young, and thus his mother decided to move to Makkah, where many members of her family (who were originally from Yemen) were settled. Despite being in a very bad economic situation, his mother insisted that he embark on a path towards scholarship, especially considering the fact that he was from the family of the Rasullullah . Thus, as a young man, he was trained in Arabic grammar, literature, and history. Because of his familys financial situation, his mother could not afford proper writing materials for the young al-Shafii. He was thus forced to take notes in his classes on old animal bones. Despite this, he managed to memorize the Quran at the age of seven. Afterwards, he began to immerse himself in the study of fiqh, and memorized the most popular book of fiqh at the time, Imam Maliks Muwatta, which he memorized by age ten. Studies under Imam Malik At the age of thirteen, he was urged by the governor of Makkah to travel to Madinah and study under Imam Malik himself. Imam Malik was very impressed with the intelligence and analytical mind of the young al-Shafii, and provided him with financial assistance to ensure that he remains in the study of fiqh. In Madinah, al-Shafii was completely immersed in the academic environment of the time. In addition to Imam Malik, he studied under Imam Muhammad alShaybani, one of Imam Abu Hanifas foremost students. This familiarized al-Shafii with differing viewpoints on the study of fiqh, and he greatly benefited from the exposure to various approaches to fiqh. When Imam Malik died in 795, Imam

Shafii was known to be one of the worlds most knowledgeable scholars, even though he was in his 20s. His Travels Not long after Maliks death, Imam Shafii was invited to Yemen to work as a judge for the Abbasid governor. His stay there would not last long however. The problem was that as an academic, Imam Shafii was not ready for the politicallycharged environment he found himself in. Because he insisted on being uncompromisingly fair and honest, numerous factions within the government made it their aim to remove him from his post.

A map of the distribution of madhhabs worldwide today. The Shafii madhhab is in blue.

In 803, he was arrested and carried in chains to Baghdad, the seat of the Abbasid Caliphate, on trumped-up charges of supporting Shia rebels in Yemen. When he met with the caliph of the time, Harun al-Rashid, Imam Shafii gave an impassioned and eloquent defense, which greatly impressed the caliph. Imam Shafii was not just released, but Harun al-Rashid even insisted that Imam Shafii stay in Baghdad and help spread Islamic knowledge in the region. Al-Shafii agreed and smartly decided to stay away from politics for the remainder of his life.

While in Iraq, he took the opportunity to learn more about the Hanafi madhhab. He was reunited with his old teacher, Muhammad al-Shaybani, under whom he mastered the intricate details of the madhhab. Although he never met Imam Abu Hanifa, he had great respect for the originator of the study of fiqh, and his school of thought. Throughout his 30s and 40s, Imam al-Shafii travelled throughout Syria and the Arabian Peninsula, giving lectures and compiling a large group of students that studied under him. Among them was Imam Ahmad, the originator of the fourth school of fiqh, the Hanbali madhhab. Eventually, he finally went back to Baghdad, but found out that the new caliph, al-Mamun, held some very unorthodox beliefs about Islam, and was known to persecute those who disagreed with him. As a result, in 814, Imam Shafii made his final move, this time to Egypt, where he was able to polish off his legal opinions and finally organize the study of usul al-fiqh. Al-Risala During the 700s and the early part of the 800s, there were two competing philosophies about how Islamic law should be derived. One philosophy was promoted by ahl al-hadith, meaning the people of Hadith. They insisted on absolute reliance on the literal interpretation of Hadith and the impermissibility of using reason as a means to derive Islamic law. The other group was known as ahl al-rai, meaning the people of reason. They also believed in using Hadith of course, but they also accepted reason as a major source of law. The Hanafi and Maliki schools of fiqh were mostly considered to have been ahl al-rai at this time.

Al-Risala of Imam Shafii

Having studied both schools of fiqh, as well as having a vast knowledge of authentic hadith, Imam al-Shafii sought to reconcile the two philosophies and introduce a clear methodology for fiqh known as usul al-fiqh. His efforts towards this end resulted in his seminal work, Al-Risala. Al-Risala was not meant to be a book that discussed particular legal issues and alShafii's opinion on them. Nor was it meant to be a book of rules and Islamic law. Instead, it was meant to provide a reasonable and rational way to derive Islamic law. In it, Imam al-Shafii outlines four main sources from which Islamic law can be derived: 1. The Quran. 2. The Sunnah of Rasullullah . 3. Consensus among the Muslim community. 4. Analogical deduction, known as Qiyaas. For each one of these sources (as well a several more sources that he deems not as important), he goes in depth in his Risala, explaining how they are to be interpreted and reconciled with each other. The framework he provides for Islamic law became the main philosophy of fiqh that was accepted by all subsequent scholars of Islamic law. Even the Hanafi and Maliki schools were adapted to work within the framework that al-Shafii provided. The contributions of Imam al-Shafii in the field of usul al-fiqh were monumental. His ideas prevented the fraying of the study of fiqh into hundreds of different, competing schools by providing a general philosophy that should be adhered to. But it also provided enough flexibility for there to still be different interpretations, and thus madhhabs. Although he probably did not intend it, his followers codified his legal opinions (which were laid out in another book, Kitab al-Umm) after his death in 820, into the Shafii madhhab. Today, the Shafii madhhab is the second largest madhhab after the Hanafi madhhab, and is very popular in Egypt, Palestine, Syria, Yemen, East Africa, and Southeast Asia. Language of Imam Shafii Besides being a giant of a scholar in the field of fiqh, Imam Shafii was noted for his eloquence and his knowledge of the Arabic language. During his travels, Bedouins, who were known to be the best-versed in the Arabic language, would attend his lectures not to gain knowledge of fiqh, but just to marvel as his use of language and his mastery of poetry. One of his companions, Ibn Hisham, noted that I never heard him [Imam Shafi'i] use anything other than a word which, carefully considered, one would not find a better word in the entire Arabic language.

Formation of the Shafii Madhhab


Imaam ash-Shafii combined the Fiqh of Hijaaz (Maliki thought) with that of Iraq, (Hanafi thought) and created a new Madhhab which he dictated to his students in the form of a book called al-Hujjah (The Evidence). This dictation took place in Iraq in the year 810 CE and a number of his students memorised his book and narrated it to others. This book and period of his scholarship are usually referred to as al-Madhhab al-Qadeem (the old school of thought) to differentiate it from the second period to his scholarship which occurred after he reached Egypt. In Egypt he absorbed the Fiqh of Imaam al-Layth ibn Sad and dictated al-Madhhab al-Jadeed (the new school of thought) to his students in the form of another book which he named al-Umm (he Essence). Because of his exposure to a completely new set of Hadeeths and legal reasoning, in al-Madhhab al-Jadeed, he reversed many of the legal positions which he had held while in Iraq. Imaam ash-Shafii holds the distinction of being the first Imaam to systematize the fundamental principles of Fiqh which he recorded in his book called ar-Risaalah.

Sources of Law Used by the Shafii Madhhab


1. The Quraan Ash-Shafii did not differ from the previously mentioned Imaams, in their uncompromising stand in relation to the primacy of the Quraan among the sources of Islamic law. He relied on it as heavily as those before him adding only the new insights which he gained from a deep study of its meaning. 2. The Sunnah Imaam ash-Shafii laid down only one condition for the acceptance of Hadeeths, namely that they be authentic (Saheeh). He rejected all the other conditions set by Imaams Abu Haneefah and Maalik. He was also noted for his great contributions to the science of Hadeeth criticism. 3. Ijmaa Although ash-Shafii had serious doubts about the possibility of the Ijmaa in a number of cases, he conceded that in the few cases where it was known to have occurred, it should be regarded as the third most important source of Islamic law. 4. Individual Opinions of the Sahaabah Credence was given by Imaam ash-Shafii to the individual opinions of the Sahaabah on condition that they were not at variance with each other. If there were conflicting opinions among the Sahaabah on a legal point, he like Abu Haneefah, would choose whichever opinion was the closest to the source and leave the rest.

5. Qiyaas Qiyaas was, in the Imams opinion, a valid method for deducing further laws from the previous sources. However, he placed it last in order of importance, considering his personal opinions inferior to proofs based on the opinions of the companions. 6. Istis-haab (Linking) Both the principle Istihsaan used by Abu Haneefah and Istislaah used by Maalik were rejected by ash-Shafii and considered a form of Bidah (innovation), since, in his opinion, they were based mostly on human reasoning in areas where revealed laws already existed. However, in dealing with similar issues ash-Shafii was obliged to use a principle similar to Istihsaan and Istislaah which he called Istis-haab. Istishaab literally means seeking a link, but legally it refers to the process of deducing Fiqh laws by linking a later set of circumstances with an earlier set. It is based on the assumption that the Fiqh laws applicable to certain conditions remain valid so long as it is not certain that these conditions have altered. If, for example, on account of the long absence of someone, it is doubtful whether he is alive or dead, then by Istis-haab all rules must remain in force that would hold if one knew for certain that he was still alive.

Main students of Shafii Madhhab


The most important of Imaam ash-Shafiis students who continued to follow his school of thought were: al-Muzanee, ar-Rabee and Yoosuf ibn Yahyaa. Al-Muzani (791-876 CE) Al-Muzanees full name was Imaaeel ibn Yahyaa al-Muzanee. He was the constant companion of Imaam ash-Shafii throughout his stay in Egypt. Al-Muzanee was noted for writing a book which comprehensively gathered the Fiqh of ashShaafiee. Later condensed under the title Mukhtasar al-Muzani, it became the most widely read Fiqh book of the Shafii Madhhab. Ar-Rabee Al-Maraadi (790-873 CE) Ar-Rabee was noted as the main narrator of ash-Shafiis book al-Umm. He wrote it down during Imaam ash-Shafiis lifetime along with ar-Risaalah and other books. Yoosuf ibn Yahyaa al-Buwayti Yoosuf ibn Yahyaa succeeded ash-Shaafiee as the main teacher of the Madhhab. He was imprisoned and tortured to death in Baghdad because he rejected the officially sanctioned Mutazilite philosophy on the creation of the Quraan.

Followers of the Shafii Madhhab


The majority of the followers of the Shafii Madhhab are now to be found in Egypt, Southern Arabia, (Yemen, Hadramawt), Sri Lanka, Indonesia, Malaysia, and East Africa (Kenya, Tanzania) and Surinam in South America.

Imam Ahmad ibn Hanbal The Champion of Islamic Belief


So far in our four part series on the four great imams of fiqh (Islamic jurisprudence), we have seen each one of the imams have a special and enduring role in Islamic history. Imam Abu Hanifa was the trailblazer when it came to codifying fiqh and establishing the basics of how it is to be studied. Imam Malik upheld the importance of hadith in the field of fiqh through his landmark collection of hadith, al-Muwatta. And Imam al-Shafii revolutionized the study of fiqh by establishing the field of usul al-fiqh, the principles behind the study of fiqh. For the last of the four great imams, Ahmad ibn Hanbal, his contribution went beyond just fiqh. Although he was one of the greatest jurists and scholars of hadith of his time, perhaps his greatest legacy was his courage to stand for the orthodox beliefs of Islam as they were imparted to Rasullullah in the face of persecution and imprisonment at the hands of the political authority. For this reason, Imam Ahmads legacy is far more than just the establishment of the Hanbali madhhab, but also includes the preservation of core Islamic beliefs against political oppression. Early Life Ahmad ibn Hanbal al-Shaybani was born in 778 in Baghdad, the capital of the Abbasid Caliphate. The relatively new city was fast becoming a centre of scholarship of all forms. So as a child, Ahmad had numerous opportunities to learn and expand his intellectual horizons. Thus, by the time he was 10 years old, he had memorized the entire Quran and began studying the traditions of Rasullullah , the hadith.

Imam Ahmad travelled throughout the Arabian Peninsula in search of knowledge

Like Imam Shafii, Imam Ahmad lost his father at a very young age. So in addition to spending his time studying fiqh and hadith under some of Baghdads greatest scholars, he also worked in a post office to help support his family. He was thus able to afford studying under one of Imam Abu Hanifas foremost students, Abu Yusuf. From Abu Yusuf, the young Ahmad learned the basics of fiqh such as Ijtihaad (intellectual decision making), and Qiyaas (analogical deduction). After becoming proficient in the Hanafi Madhhab, Ahmad ibn Hanbal began to study Hadith under some of the greatest Hadith scholars of Baghdad, including Haytham ibn Bishr. He was so eager to expand his knowledge of the sayings and doings of the Rasullullah that he would regularly be waiting after Fajr outside of the homes of his teachers, ready to start that days lesson. After studying in Baghdad, he went on to study in Makkah, Madinah, Yemen, and Syria. During this time, he even met Imam al-Shafii in Makkah. Al-Shafii helped the young Ahmad move beyond just memorization of hadith and fiqh, and be able to instead also understand the principles behind them. This collaboration between two of the four great imams clearly shows that the schools of Islamic law are not opposed to each other, but rather work hand in hand. In fact, when Imam al-Shafii left Baghdad, he was recorded as having said, I am leaving Baghdad when there is none more pious, nor a greater jurist than Ahmad ibn Hanbal. Ahmad ibn Hanbal the Scholar After studying with Imam al-Shafii, Imam Ahmad was able to begin to formulate his own legal opinions in fiqh. When Imam Ahmad was 40 years of age in the year 820, his mentor Imam al-Shafii passed away. At this point, Imam Ahmad began to teach hadith and fiqh to the people of Baghdad. Students would flock to his lectures, and he especially took care of the poorer ones, keeping in mind his own humble origins. Despite being in the capital of the Muslim world, Baghdad, Imam Ahmad refused to be attracted to a life of luxury and wealth. He continued to live on very humble means, and rejected the numerous gifts that people would offer him, instead choosing to live on whatever small amounts of money he had. He especially insisted on not accepting gifts from political figures, ensuring his independence from the political authority which could affect his teachings. The Mihna Imam Ahmad was in Baghdad during the time of the Abbasid Caliph al-Mamun, who reigned from 813-833. Although al-Mamun was vital to the establishment of Baghdad as an intellectual centre, he was heavily influenced by a group known as the Mutazila. Mutazili philosophy championed the role of rationalism in all aspects of life, including theology. Thus, instead of relying on the Quran and Sunnah to understand God, they relied on philosophical techniques first developed

by the Ancient Greeks. Chief among their beliefs was that the Quran was a created book, as opposed to the un-created literal word of Allah. Al-Mamun believed in the Mutazili line of thought, and sought to impose this new and dangerous belief system on everyone in his empire including the scholars. While many scholars pretended to subscribe to Mutazili ideas in order to avoid persecution, Imam Ahmad refused to compromise his beliefs.

Legal writings based on the Hanbali Madhhab written by Abu Dawud in the late 800s.

Al-Mamun instituted an inquisition known as the Mihna. Any scholars who refused to accept Mutazili ideas was severely persecuted and punished. Imam Ahmad, as the most famous scholar of Baghdad, was brought before al-Mamun and ordered to abandon his traditional Islamic beliefs about theology. When he refused, he was tortured and imprisoned. His treatment at the hands of the political authority was extremely severe. People who witnessed the torture commented that even an elephant could not have handled the treatment that Imam Ahmad was subject to. Despite all of this, Imam Ahmad held to traditional Islamic beliefs, and thus served as an inspiration for Muslims throughout the empire. His trials set the precedent that Muslims do not give up their beliefs regardless what the political authority imposes on them. In the end, Imam Ahmad outlived al-Mamun and his successors until the Caliph al-Mutawakkil ascended in 847 and ended the Mihna. Imam

Ahmad was again free to teach the people of Baghdad and write. During this time, he wrote his famous Musnad Ahmad ibn Hanbal, a collection of hadith that served as the basis of his school of legal thought, the Hanbali Madhhab. Imam Ahmad passed away in Baghdad in 855. His legacy was not restricted to the school of fiqh that he founded, nor the huge amount of hadith he compiled. Unlike the other three imams, he had a vital role in preserving the sanctity of Islamic beliefs in the face of intense political persecution. Although the Hanbali Madhhab has historically been the smallest of the four, numerous great Muslim scholars throughout history were greatly influenced by Imam Ahmad and his thoughts, including Abd al-Qadir al-Jilani, Ibn Taymiyyah, Ibn al-Qayyim, Ibn Kathir, and Muhammad ibn Abd al-Wahhab.

Formation of the Hanbali Madhhab


Imaam Ahmads greatest concern was the collection, narration, and interpretation of Hadeeth. His teaching method consisted of dictating Hadeeths from his vast collection known as al-Musnad, which contained over 30,000 Hadeeths, as well as the various opinions of the Sahaabah concerning their interpretation. He would then apply the Hadeeths or rulings to various existing problems. If he could not find a suitable Hadeeth or opinion to solve a problem, he would offer his own opinion while forbidding his students to record any of his own solutions. As a result, his Madhhab was recorded, not by his students but by their students.

Sources of Law Used by the Hanbali Madhhab


1. The Quraan There was no difference between the way Ahmad ibn Hanbal approached Quraan and that of those who preceded him. In other words, the Quraan was given precedence over all else under all circumstances. 2. The Sunnah Likewise, the Sunnah of the Rasullullah occupied the number two position among the fundamental principles used by the founder of this school in the deduction of laws. His only stipulation was that it be Marfoo, i.e. attributed directly to the Rasullullah . 3. Ijmaa of the Sahaabah Imaam Ahmad recognized the consensus of opinion of the Sahaabah, and placed it in the third position among the fundamental principles. However, he discredited the claims of Ijmaa outside the era of the Sahaabah as being inaccurate, due to the

vast number of scholars and their wide diffusion throughout the Muslim empire. In his opinion, Ijmaa after the era of the Sahaabah was impossible. 4. Individual Opinions of the Sahaabah If a problem arose in an area where the Sahaabah had expressed conflicting opinions, Ahmad, like Maalik, would give credence to all the various individual opinions. Because of that, there developed within the Madhhab many instances of multiple rulings for individual issues. 5. Hadeeth Daeef (Weak Hadeeth) For a ruling on a case where none of the previous four principles offered a ready solution, the Imaam used to prefer to use a weak Hadeeth rather than applying his own deductive reasoning (Qiyaas). However, this was on condition that the weakness of the Hadeeth was not due to the fact that one of its narrators was classified as a Faasiq (degenerate), as a Kadhdhaab (liar). 6. Qiyaas As a last resort, that is when no other major principle could be directly applied, Ahmad would reluctantly apply the principle of Qiyaas and deduce a solution based on one or more of the previous principles.

Main Students of the Hanbali Madhhab


Imaam Ahmads main students were his own two sons, Saalih (died 873 CE) and Abdullah (died 903 CE). Imaam Bukhari and Muslim, compilers of the most outstanding collections of Hadeeth, were among the great scholars of Hadeeth who studied under Imaam Ahmad.

Followers of the Hanbali Madhhab


The majority of the followers of this Madhhab can now be found in Palestine and Saudi Arabia. Its survival in Saudi Arabia, after almost completely dying out elsewhere in the Muslim world, is due to the fact that the founder of the so called Wahhab, had studied under scholars of the Hanbali Madhhab, and thus it unofficially became the Fiqh Madhhab of the movement. When Abdul- Azeez ibn Saoud captured most of the Arabian peninsula and established the Saudi dynasty, he made the Hanbali Madhhab the basis of the kingdoms legal system.

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