Hanafi school of thought pdf

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Hanafi school of thought pdf

The Hanafi School is one of the four major schools of Sunni Islamic legal reasoning and repositories of positive law. It was built upon the teachings of Abu Hanifa d.

He also favored the use of istihsancommonly known as juristic preference, which, in some circumstances, can operate to ameliorate harsh consequences that might otherwise flow from strict legal reasoning, and which is believed by some to be based on principles of equity as interpreted by the jurist.

Hanafi doctrines have always been considered among the most flexible and liberal in Islamic law, including in the areas of criminal law, treatment of non-Muslims, individual freedoms, marriage and guardianship, and ownership and use of property. Officially adopted by the Ottoman Turks in the 16th century and codified in the Mejelle, Hanafi jurisprudence remains the most influential school in the world today and is used in Jordan, Lebanon, Pakistan, Syria, Turkey, and the United Arab Emirates.

With respect to family and personal law issues, Hanafi fiqh predominates in Bangladesh, Egypt, India, Iraq, Pakistan, Syria, and, for significant minority populations, in Iran and Malaysia. The Constitution of Afghanistan privileges Hanafi jurisprudence as a residual source of law in the absence of explicit legislation or other constitutional provisions. To understand the significance of the Hanafi School, it is useful to gain an overview of the role of schools in general and the distinctive features of the Hanafi School.

Hanafi School of Law

Khan provides the simplest overview for readers approaching Sunni schools for the first time. Kamalian introduction to Sharia, is clearly written, well organized, and easy to read.

hanafi school of thought pdf

Makdisi has stood the test of time and is still considered one of the most highly regarded overviews of the relationship between Muslim scholars and schools. The material in Hallaq and Bearman, et al. Vikor provides good intermediate level information on theory, applications, history, and specific topics in Islamic law.

Although dated and perhaps of less use in the modern era, Schacht and Coulson are, nevertheless, considered foundational sources in the study of Islamic law. Vogel, eds. This book contains a number of articles pertaining to the development of Islamic schools, including the Hanafi School. Included are discussions of Hanafi doctrines, jurists, judges, and texts, along with similar issues in other schools. Coulson, Noel J. A History of Islamic Law.

Edinburgh: Edinburgh University Press, Included is a good chapter on the early schools and their jurisprudence.

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Hallaq, Wael B. Hanafi interpretations of legal theory are compared in this book with those of the other major schools. This is not a book for beginners; it will be most useful to readers who already have an understanding of Islamic law. Kamali, Mohammad Hashim. Oxford: Oneworld Publications, Clearly written and well organized, this overview of Sharia is useful for readers of any level who wish to gain a framework for Islamic law and its salient features. Included is a section on the major schools of law, including the Hanafi School, and their most important scholars, texts, and applications.Don't have an account?

He did not write any synthesis of his own thought and methodology. It was through his pupils that the bulk of his production as well as information about his method came down. His method, insisting on confronting human realities, naturally led him to produce detailed, pragmatic answers. Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service.

Public users can however freely search the site and view the abstracts and keywords for each book and chapter. Please, subscribe or login to access full text content. To troubleshoot, please check our FAQsand if you can't find the answer there, please contact us. All Rights Reserved. OSO version 0. University Press Scholarship Online.

Sign in. Not registered? Sign up. Publications Pages Publications Pages. Users without a subscription are not able to see the full content. Radical Reform: Islamic Ethics and Liberation. Find in Worldcat. Print Email Share This. Search within book. Subscriber sign in You could not be signed in, please check and try again.

Please enter your Username. Please enter your Password. Forgot password? You could not be signed in, please check and try again. Sign in with your library card Please enter your library card number. If you think you should have access to this title, please contact your librarian.Salat prayer is either obligatory wajib or supererogatory mandub.

According to the Malikis there is no fixed number for the supererogatory nawafil prayers performed with the obligatory salat. The schools concur that salat is not valid if performed before its appointed time and that the time of the zuhr prayer sets in when the sun passes the meridian.

They differ concerning its duration. The time between these two specific periods is the common period for the two salats. This is the reason they consider it valid to perform both the prayers successively during their common period. The four Sunni schools observe: The time of the zuhr prayer begins when the sun crosses the meridian and continues till the shadow of an object becomes as long as its height; and when the length of the shadow exceeds the height of the object, the time for the zuhr prayer comes to an end.

The latter begins from when the sun turns pale and continues until sunset. They are alone in all the schools in holding this opinion.

The Malikis say: The duration for the maghrib prayer is narrow and confined to the time required after sunset to perform the maghrib prayer along with its preliminaries of taharah and adhan, and it is not permissible to delay it voluntarily.

But in an emergency, the time for the maghrib prayer extends until dawn. The Malikis are alone in considering it impermissible to delay the maghrib prayer beyond its initial time.

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Hence they allow the joint performance of these two salats during this common time. There is consensus among The schools, with the exception of the Maliki, that the time for the morning prayer begins at day-break al fajr al-sadiq and lasts until sunrise. The Malikis say: The subh prayer has two times: for one in a position to act out of free choice it begins with daybreak and lasts until there is enough twilight for faces to be recognized; for one in constrained circumstances it begins from the time when faces are recognizable and continues up to sunrise.

Most Imamis observe: He will perform Salat in four directions to comply with the command for salat and to ascertain its proper performance. If a person prays not facing the qiblah and comes to know about his mistake, the Imamis state: If the error is known during the salat and the correct qiblah lies between his two hands, the part of the salat already performed will be valid and he will have to correct his direction for the remaining part of the salat.

hanafi school of thought pdf

But if it is known that he has been praying facing the right or the left 90 degree off the direction or his back towards the qiblah degree off the directionthe salat will be invalid and he will perform it anew. If the error is known after performing the salat, it should be performed again if its time is still there, not otherwise.

Some Imamis say: The salat will not be repeated if there is only a little deviation from the qiblah, irrespective of whether its time is still there or not. But if it has been performed facing the right or the left 90 degree offit should be repeated if its time is there, not otherwise.

The Hanafis and the Hanbalis observe: If after inquiring and striving to find the qiblah one is unable to ascertain its approximate direction and performs salat in a direction which turns out to be wrong, he must change his direction accordingly if the mistake is known during the salat, and if it is known afterwards his salat is valid and he has no further obligation.

As to one who neither makes an inquiry nor an effort to determine the qiblah, but by chance performs the salat in the right direction, the Malikis and Hanbalis consider his salat to be invalid. The opinion of the Imamis and the Hanafis is that his salat is valid provided he has no doubts while praying and was sure about the direction of the qiblah at the time of starting the salat, because, as pointed out by the Imamis, in such a situation it is correct for him to make the niyyah of acquiring nearness qurbah to God.

Beyond that their positions differ. Is it wajib for a woman to cover, fully or partly, her face and hands during salat, although she is not required to do so outside salat? Is it wajib for a man to cover other parts of his body during salat apart from the area between the navel and the knees, though it is not wajib to do so outside salat? The Hanafis observe: It is wajib upon a woman to cover the back of her hands and the soles of her feet as well, and upon a man to cover his knees in addition to the area between the navel and the knees.

For a man, it is wajib to cover the rear and the private parts, though better to cover the entire area between the navel and the knees. The covering should meet the following requirements where the ability and freedom to meet them exist:.

Taharah: The purity of The covering and the body are necessary for the validity of salat in the opinion of all the schools, although each of them concedes certain exceptions in accordance with the following details:.

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The Imamis state: Blood from wounds and sores, irrespective of its quantity, is considered excusable on The dress as well as the body if its removal entails difficulty and harm mashaqqah and haraj. Also excusable is the impurity of anything that does not constitute part of essential dress during salat, e.

The impurity of the dress of a woman rearing a child, irrespective of whether she is the mother or someone else, is exempted on condition that it be difficult for her to change it and that she washes it once every day. In other words, in their opinion every najasah on dress or body is exempted in conditions of emergency idtirar. So also are exempted the body and clothes of a butcher, surgeon and scavenger.The schools all developed in the same way: A gifted scholar would set out his ideas in his classes and writings; his students would refine these and pass them on to their students, who would in turn do the same.

In the early period a number of these schools came into being, but most of them dissolved quickly.

HANAFI SCHOOL OF ISLAMIC JURISPRUDENCE (Autosaved).docx

The few that survived were named after the men around whom the schools had first formed. The two oldest Sunni legal schools are called Hanafi and Maliki. The former was named after Abu Hanifa d.

He acquired a reputation among scholars for his liberal views on the law and for his great intelligence. Abu Hanifa used legal precedents other than those found in the hadith to expand Islamic law and advised that extreme Quranic punishments should be used rarely. Some of the greatest legal scholars of the following generation were his students.

The Maliki school took its name from Malik ibn Anas d. Malik was one of the most highly respected of these men. The Ummayad caliphs had claimed that laws could be made without reference to the Quran, but Malik ibn Anas overturned this right and once again placed emphasis on the importance of the hadith. He is known to the present day for his dedication to collecting hadith and for writing the al-Muwatta —one of the most influential early books on the law.

The Maliki school is currently dominant in North and Central Africa. Perhaps the greatest legal scholar in Islamic history was Muhammad ibn Idris al-Shafii, who gave his name to the Shafii school of law, which is currently followed in Malaysia, southern Arabia, and East Africa.

Sources and Islamic Schools of Law: Lesson-2

He was born in Palestine and studied in various parts of the Middle East, including Medina, where he studied under the great Malik ibn Anas. He then taught in Baghdad and later Egypt, where he died in Al-Shafii laid out his ideas on the law in the Risala —one of the most renowned books of the early period of Islam.

In his book al-Shafii argued persuasively that after the Quran the most important source for legal scholars to use in reaching their decisions was the hadith. It was to a great extent because of this argument that the hadith became so highly regarded by all Muslims.

Mosques throughout the Islamic world are used for prayer, study, and contemplation. During the month-long fast of Ramadan it is common for Muslims, usually men, to spend long hours in the mosque reading, praying, and quietly conversing. The last of the Sunni legal schools to emerge was the Hanbali school—named after Ahmad ibn Hanbal d. Early on ibn Hanbal acquired the reputation for being outspoken and very conservative.

Frequently he had bitter arguments with other scholars over a variety of religious and legal issues. He even became involved in an angry dispute with the court and at one point was arrested and beaten for his opinions. This helped strengthen his following among students and younger scholars who shared his views.

Today the only area where the Hanbali school is dominant is the modern state of Saudi Arabia. Besides the schools of legal thought in the Sunni Muslim community, there is the Shii law school, which is known as the Jafiri school.

It was named after a great Shii scholar who lived and taught in Medina and later in Baghdad: Jafar al-Sadiq. In his early career al-Sadiq lived a quiet life, writing and holding classes for his students. Al-Sadiq was by that time one of the leading members of the Shia community.

This status was not entirely to his liking. The new Abbasid caliphs from the very start of their rule viewed the Shia as political rivals and therefore kept a close eye on al-Sadiq and other Shii leaders.To browse Academia.

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Skip to main content. Log In Sign Up. The background and formation of the Four Schools of Islamic Law. Eirini Kakoulidou. An Introduction to Islamic Law. Edinburgh: Edinburgh University Press, p. Used by certain jurists opposed to the Traditionalists when interpreting religious law fiqh. Among the schools of law the Hanafites predominantly used it.

Used by jurists to resolve problems of religious law fiqh not clarified in the texts. Later Al Ghazali died sought to justify the logical nature of such reasoning. Esposito, The Oxford Dictionary of Islam, Oxford: Oxford University Press, p.

Contradictions among hadith reports they either resolved by means of isnad comparison or simply let stand, refusing to define the law by their won preferences. In the later ninth century, rationalistic jurisprudents, took up many of the forms formely peculiar to the traditionist jurisprudents, especially formal dependence on hadith and isnad comparison to sort the sound from the unsound.

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Traditionist jurisprudents in turn accepted the need for separate expertise in legal reasoning besides hadith criticism. Oxford: Oxford University Press,p. Esposito, The Oxford Dictionary of Islam. Lowry and D.

Proclaimed tawhid uniqueness and unity of God as its primary doctrine. Wahhabism began in response to the perceived moral decline and political weakness of the Muslim community in Arabia. Emphasized education and knowledge as weapons in dealing with nonbelievers. Known for its sometimes violent opposition to the popular cult of saints, idolatry, and shrine and tromp visitation, as well as the sacking of Shii shrines in Najaf and Karbala in Formed an alliance with Muhammad ibn Saud inwhich served at the basis for the consolidation of the present-day kingdom of Saudi Arabia.

Related Papers. By Youcef Soufi. Ikhtilaf al-Fuqaha: Legal Diversity in Islam. By Muhammad K Masud. By Kasim Randeree. Classical Islamic Legal Theory as Ideology. Download pdf.

hanafi school of thought pdf

Remember me on this computer. Enter the email address you signed up with and we'll email you a reset link. Need an account? Click here to sign up.These laws relate to religious worship, prohibitions, and all contracts and obligations that arise in social life such as inheritance, marriage, divorce, punishments, conduct of war and the administration of the state.

The science of these religious laws is called Fiqah and the expert in this field such as a jurist is called a faqih plural: fuqaha. The vast majority of Muslims give this right of independent reasoning to only four ancient Muslim theologians and jurists who lived in the first three centuries of Islam.

These four fuqaha are:. Although a number of other jurists also became popular during their times, only the above four are now recognised by the vast majority of Sunni Muslims. These four great jurists and theologians tried to systemise the Islamic law into a comprehensive rational system which covered all possible legal situations.

The four prominent schools of Islamic law are named after their founders and are called the Hanafiyya, the Malikiyya, the Shafiyya, and the Hanbaliyya schools of religious law.

Most Muslims regard these four schools as equally valid interpretations of the religious law of Islam. These schools are in good agreement on all essential aspects of the religion of Islam. Only in areas and situations where these two sources are silent, do the four schools use their independent reasoning in which they may differ with each other.

The earliest school formed was by Imam Abu Hanifa A. It generally reflects the views of the jurists of Iraq. Abu Hanifa did not compose or write any books on law himself, but his numerous discussions and opinions as recorded by his disciples, form the basis of this school.

As a theologian and a religious lawyer, Abu Hanifa exercised considerable influence in his time. His legal thought is very consistent, uses high degree of reasoning, avoids extremes, and lays great emphasis on the ideas of the Muslim community. The Ahmadi Muslims generally follow the Hanafiyya school of law. Other areas in which this school has a following include Turkey, the countries of the Fertile Crescent, Lower Egypt and India.

The next school of law in order of time was the one founded by Imam Malik bin Anas d. Imam Malik served as a judge in Medinah and compiled all his decisions in a book form called al-Muwatta the Levelled Path. The third school was founded by Imam al-Shafi d. Imam Shafi placed great importance on the Traditions of the Holy Prophet Muhammad, may peace and blessings of Allah be upon him, and explicitly formulated the rules for establishing the Islamic law.

He was a great thinker, had an unusual grasp of principles and a clear understanding of the judicial problems. This school was founded by Imam Ahmad bin Hanbal d. Imam Hanbal did not establish a separate school himself; this was rather done by his disciples and followers. The Hanbaliyya was the most conservative of the four schools. Its rigidity and intolerance eventually caused its decline over the years. Today, Hanbaliyya school is followed only in Saudi Arabia.

Although the Muslims generally apply the Islamic law according to the principles and details laid down by the four ancient jurists, legal situations keep arising from time to time for which there are no clear answers in these early schools of law. To cope with this changing aspect of Islamic society, particularly in the light of new facts, specialists in the field of Islamic law are asked to give their decisions using the traditional tools of legal science. Such a decision is called a fatwa and the religious scholar who gives this decision is called a mufti.Hanafi is one of the four schools madhabs of Fiqh or religious law within Sunni Islam.

Founded by Imam Abu Hanifa, it is considered to be the school most open to modern ideas. Its followers are sometimes known in English as Hanafites or Hanifites cf Malikites, Shafiites, Hambalites for the other schools of thought.

An Introduction to Hanafi Madhhab

Hanafi is predominant among Sunni Muslims in Pakistan and northern Egypt where the influence of the Ottomans was strongest. The Constitution of Afghanistan allows Afghan judges to use Hanafi jurisprudence in situations where the Constitution lacks provisions.

The other three schools of thought are Shafi, Maliki, and Hanbali. The Hanafi school is considered to be one of the more liberal-for example, under Hanafi jurisprudence, blasphemy is not punishable by the state, despite being considered a civil crime by some other schools. The presence of four different schools of religious law within Sunni Islam should not be viewed as a schism.

On the contrary, there is little or no animosity between the schools. Instead there is a healthy cross-pollination of ideas and logical debate that serves to refine each school's understanding of Islam.

It is not uncommon, or disallowed, for an individual to follow one school but take the point of view of another school for a certain issue for example the Egyptian Sheikh Imam al-Qarafi was an Imam in both the Maliki and Shafi schools.


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