What is the Hanafi usul?

In a Nutshell: Hanafi usul is the set of legal sources and principles used by the legal school of thought founded by Imam Abu Hanifah. It has eight sources for deduction of their fiqh namely, Qur'an, Sunnah, qawl al-sahabah (statements of the Companions), ijma (consensus), qiyas (analogy), istihsan (juristic preference), urf (custom) and hiyal shari'ah (legal stratagems). Background The juristic rulings (furu) deduced by Abu Hanifah are scattered in the books of his colleagues. He derived these rulings through deductive rules (usul) but did not record his usul in his books. Only four books survived: al-Fiqh al-Akbar, al-Alim wa al-Mut'alim, Risalah to Uthman al-Bati and a book written in response to Qadariyah. However, later scholars affiliated to the Hanafi madhab deduced the rules applied by Abu Hanifah from his rulings and ilal al-ahkam (underlying reasons of rulings) applied by Abu Hanifah in the processes of ilhaq (giving a similar ruling - similar to qiyas) and takhrij (deriving further rulings). (Ibn al-Nadeem, al-Fihris, Vol. 2, p. 338, Bazazi, al-Manaqib, Vol. 2, p. 108) Sources of Legislation After reviewing the Hanafi books of usul, eight main sources applied by them in deduction of rulings become evident, namely: Qur'an, Sunnah, Ijma (consensus), Qawl al-Sahabi (statements of a Companion), Qiyas (analogy), Istihsan (legal preference), Urf (custom), and Hayal Shari'ah (legal stratagems). (Sarakhsi, al-Mabsut, Vol. 1, p. 12; Ibn Abdul Bar, al-Intiqa, Vol. 1, p. 82; Mufaq al-Makki, Manaqib al-Imam Abu Hanifah, Vol. 1, p. 89; Mana al-Qatan, Tarikh al-Tashri al-Islami, p. 322) 1. Qur'an: Abu Hanifah considered the Qur'an as the first and firmest source of legislation in Islam for Qur'an is qat'i al-thubut (transmitted in its original form without any doubt). Only a mutawatir hadith (hadith transmitted by large numbers making its transmission beyond doubt) can be equal to any Qur'anic verse in respect of its absolute historical reliability and authority. Therefore, Abu Hanifah thus viewed ahad hadith (non-tawatur transmitted hadith reported by 1-3 narrators in each layer of isnad) could not abrogate (naskh) the Qur'an. (Mawsili, al-Ikhtiyar, Vol. 1, p. 56, Ghawji, Sirat A'imat al-Madhahib, p. 110) 2. Sunnah: Sunnah is the second source of legislation after the Qur'an according to Abu Hanifah. He used to scrutinize the trustworthiness of the narrators of a hadith and the authenticity of their narrations. He accepted only the mass transmitted hadith, or a hadith on which jurists of different regions agreed upon its validity thereupon it becomes a mashhur hadith (well-known hadith). Therefore, the validity of hadiths becomes limited in deduction of rulings. (Mana al-Qatan, Tarikh al-Tashri al-Islami, Vol. 223) 3. Aqwal Al-Sahabah (Statements of the Companions): Abu Hanifah considered the fatwas (verdicts) of Companions as a source of legislation. Although Abu Hanifah abides himself with the positions of the Companions of the Prophet (saw), he would choose the more recommended view when they disagree depending on their rank (being a faqih or narrator), authority of transmission or by using ijtihad in deducing the more likely correct view. But when there is no view narrated from them on a certain issue, he would use his ijtihad. Abu Hanifah explains his methodology with regards to aquwal al-sahabah and the above sources as reported by the ibn Abd al-Bar in his book al-Intiqa: آخُذُ بِكِتَابِ اللَّهِ , فإن لَمْ أَجِدْ فَبِسُنَّةِ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ , فَإِنْ لَمْ أَجِدْ فِي كِتَابِ اللَّهِ وَلا سَنَةٍ رَسُولِ اللَّهِ صَلَّى اللَّه أَخَذْتُ بِقَوْلِ أَصْحَابِهِ، آخُذُ بِقَوْلِ مَنْ شِئْتُ مِنْهُمْ , وَأَدَعُ قَوْلَ مَنْ شِئْتُ مِنْهُمْ، وَلا أَخْرُجُ مِنْ قَوْلِهِمْ إِلَى قَوْلِ غَيْرِهِمْ،فإذا انْتَهَى الأَمْرُ أَوْ جَاءَ إِلَى إِبْرَاهِيمَ وَالشَّعْبِيِّ وَابْنِ سِيرِينَ وَالْحَسَنِ وَعَطَاءٍ وَسَعِيدِ بْنِ الْمُسَيِّبِ وَعَدَّدَ رِجَالا فَقَوْمٌ اجْتَهَدُوا , وَأَجْتَهِدُ كَمَا اجْتَهَدُوا - ابن عبد البر، الإنتقاء 1/ 82 Firstly, I follow the Book of Allah, but if I do not found (the ruling) in the Book of Allah, then I follow Sunnah of the Prophet (saw), then if I have not found (the ruling) in the Book of Allah or the Sunnah of the Prophet (saw), I follow the positions of the Companions. I follow whomever I wish among them but I do not disregard their words for the words of anyone. But when it is a question of Ibrahim Nakha'i, Sha'bi, Ibn Sirin, al-Hasan, or Said ibn Musayyab, then I can exercise ijtihad in the same way that they did. (Ibn Abd al Bar, al-Intiqa, Vol. 1, p. 82) 4. Ijma (Consensus) Hanafis as well as the majority of Muslim jurists including Shafi'is, Malikis and Hanbalis, agree on the validity of ijma as a source of legislation. (Jassas, al-Fusul fi al-Usul, Vol. 3, p. 271) Ibn al-Arabi defined Ijma as the unanimous agreement of the mujtahids (who can deduce rulings from the primary sources) of the ummah in a specific age on a certain legal ruling. (Ibn al-Arabi, al-Mahsul, p. 121) 5. Qiyas (Analogy) According to Hanafis, Qiyas is a secondary source of legislation that comes after the primary sources i.e. Qur'an and Sunnah. Scholars, such as Ibn al-Arabi, define qiyas as the process of linking a known (ma'loom) situation (but carries no ruling in shari'ah) with a known situation and its ruling, as regards to the confirmation or negation of a hukm (ruling) by a way of confirmation or negation of a sifa (property). (Ibn al-Arabi, al-Mahsul, p. 124) Abu Hanifah employed qiyas to explain a matter without a text by comparing it to a matter whose ruling is known by Qur'an, Sunnah or Ijma, in which both matters share the same underlying cause. Abu Hanifah also extended his use of qiyas because of his method in understanding the hadith, as he considered it was not enough to know the ruling, but one needs to know the events and context of the text, its intention and how it benefited people, the reasons behind it, as well as any peculiarities which might affect the rulings. (Mana al-Qatan, p. 332) Objections: Abu Hanifah was fiercely criticized by many of his contemporaries and successive scholars for the excessive use of qiyas over text (nass). Abu Hanifah rejected their claims out of hand by saying: كَذَبَ وَاللهِ وَافْتَرَى عَلَيْنَا مِنَ يَقُولُ: إِنَّنَا نُقَدِّمُ القِيَاسَ عَلَى النَصِّ، وَهَلْ يَحْتَاجُ بَعْدَ النَصِّ إِلَىَ قِيَاسِ - السرخسي، المبسوط 12/1، وعلي جمعة، المدخل إلي دراسة المذاهب الفقهية 93 By Allah, the claim of those who said we give priority to qiyas over text (nass) is false. Is there any need for qiyas when a text (nass) exists?! (Sarakhsi, Al-Mabsut, Vol, 1, p. 12; Ali Gomah, Al-Mudkhal li Dirasat al-Madhab al-Fiqhiyyah, p. 93) نَحْنُ لاَ نَقِيسُ إِلاَّ عِنْدَ الضَّرُورَةِ الشَّدِيدَةِ، وَذَلِكَ أَنَّنَا نَنْظُرُ فِي دَلِيلِ المَسْأَلَةِ مَنَ الكِتَابِ وَالَسُنَّةِ أَوْ أَقْضِيَةِ الصَّحَابَةِ فَإِنْ لَمْ نَجِدْ دَلِيلاً قِسْنَا حِينَئِذٍ مَسْكُوتًا عَنْهُ عَلَىَ مَنْطُوقٍ بِهِ - السرخسي، المبسوط 12/1، وعلي جمعة، المدخل إلي دراسة المذاهب الفقهية 93 We only make qiyas in necessary cases. That is when we search for the evidence in the Qur'an, Sunnah and verdicts of the Companions and did not find the ruling in these sources. We then drew an analogy between an unlegislated case and a legislated matter. (Sarakhsi, Al-Mabsut, Vol, 1, p. 12; Ali Gomah, Al-Madkhal li Dirasat al-Madhab al-Fiqhiyyah, p. 93) These narrations illustrate Abu Hanifah did not give priority for qiyas over nass and sought to apply qiyas only in limited cases. In fact, his application of qiyas was based on exacting methodological standards, and not subject to whims and desires. Hanafis rejected qiyas in the presence of a well-established text from Qur'an and Sunnah and even ahad hadith. Qiyas could not violate ijma of scholars and rejected when considering legal numerical values (al-maqadir) (such as the menstruation period) and in the establishment of hudud (legal fixed punishments) and kafarat (expiations). Besides, they disallowed qiyas in naskh (abrogation), and in particularisation of the general expression (takhsis al-aam) not specified by the Qur'an or the well-established Sunnah. (Jassas, al-Fusul fi al-Usul, Vol. 4, p. 105) 6. Istihsan (Juristic Preference) Istihsan was controversially used by Abu Hanifah and his school as a source of legislation. Sarakhsi defines istihsan as moving away from qiyas to what is better for the people. Some said: Istihsan means to seek ease and convenience in legal injunctions whether in al-khas (the specific) or al-aam (the general). Others said: It is to adopt what is accommodating and seek mildness. Other group said: it is to adopt tolerance and seek what gives comfort. (Sarakhsi, Al-Mabsut, Vol. 10, p. 145) These definitions indicate that the general idea of istihsan is to deviate from hardship and seek ease. This notion is in tune with the shari'ah which seeks for us ease and does not intend for us hardship, as Allah says, يُرِيدُ اللَّهُ بِكُمُ الْيُسْرَ وَلَا يُرِيدُ بِكُمُ الْعُسْرَ - البقرة 185/2 Allah intends for you ease and does not intend for you hardship (Qur'an 2:185) Difference between Qiyas and Istihsan: Qiyas and istihsan represent two types of qiyas: qiyas jali (obvious analogy), called qiyas, and qiyas khafi (hidden or assumed analogy), called istihsan. Qiyas khafi is stronger in effect than qiyas jali. Thus, qiyas khafi is called istihsan or qiyas mustahsan (approved analogy). (Sarakhsi, Al-Mabsut, Vol, 10, p. 145) For examples, the jurists said that waqf (charitable endowment) of cultivated land may include all ancillary rights (rights of flow, water and passage) attached to the property without being indicated in waqh. They based this ruling on istihsan. In qiyas jali (obvious analogy), however, these ancillary rights are not included in contract and they can only be included in waqf if they are explicitly identified. Analogy has been drawn between sale and waqf as both involve a transfer of ownership. Application of qiyas jali leads to inequitable results: the waqf of cultivated land, without its ancillary rights, would frustrate the basic purpose of waqf, which is to facilitate the use of the property for charitable purposes. To avoid hardship, resort is made to qiyas khafi (i.e. istihsan). In istihsan, the parallel is drawn to the contract of lease (ijarah) since both involve a transfer of usufruct (benefit). Since the rights of flow, water and passage are included in ijarah, even without a clear reference to the usufruct, these ancillary rights would be attached to waqf even without a reference to it. (Ibid, Vol, 10, p. 145) 7. Urf In the absence of text (nass) Abu Hanifah applies qiyas and istihsan on a matter. But in the absence of qiyas and istihsan, Abu Hanifah resorts to urf (custom) of the people. That is their normative customs among them. He acted on urf when there was no text in Qur'an, Sunnah or Ijma, and no application of qiyas based on another ruling or istihsan. 8. Legal Stratagems (Hiyal Shari'ah) According to Hanafis, hiyal shari'ah represents a makharaj (legal exit) to ease difficulties by providing a legal exit. The majority of scholars (especially the Malikis and Hanbalis) refuse to validate such a concept as instead, they theorize the doctrine of sadd al-dhara'i (blocking the ways to evil and sins) which contradicts the concept of hiyal shari'ah. However, most of hiyal shari'ah ascribed to Abu Hanifah are usually in cases related to issues of ayman (oaths) in general, and divorce in particular. In fact, these hiyal are not pretexts to abolish a valid ruling, but rather are based on a jurisprudential deduction that seeks to find a way out of a deadlock. An example of hiyal would be a man swearing to have sexual intercourse with his wife during the day in Ramadan. Thus, Abu Hanifah gave him a fatwa to travel during the day in Ramadan with his wife (for travelling is one of the causes that permit the fasting person to break his fast). (Mana al-Qatan, Tarikh al-Tashri al-Islami, p. 334) Sarakhsi presented some evidences from the Qur'an and sunnah to legalize this concept. وَخُذْ بِيَدِكَ ضِغْثًا فَاضْرِبْ بِهِ وَلَا تَحْنَثْ – ص 38/44 And take in your hand a bunch [of grass] and strike with it and do not break your oath. (Qur'an 38:44) This verse is about Ayoub (as) who had vowed to lash his wife one hundred lashes when she told him to slaughter a goat in the name of Satan. Allah instructed Ayoub (as) how to find an exit from this vow whilst at the same time fulfilling his vow. Also, when Prophet Yusuf (as) undertook a trick to have his brother brought to him as mentioned in the Qur'an: وَلَمَّا جَهَّزَهُم بِجَهَازِهِمْ قَالَ ائْتُونِي بِأَخٍ لَّكُم مِّنْ أَبِيكُمْ ۚ أَلَا تَرَوْنَ أَنِّي أُوفِي الْكَيْلَ وَأَنَا خَيْرُ الْمُنزِلِينَ – يوسف 12/59 And when he had furnished them with their supplies, he said, "Bring me a brother of yours from your father. Do not you see that I give full measure and I am the best of accommodators? (Qur'an 12:59) فَبَدَأَ بِأَوْعِيَتِهِمْ قَبْلَ وِعَاءِ أَخِيهِ ثُمَّ اسْتَخْرَجَهَا مِن وِعَاءِ أَخِيهِ ۚ كَذَٰلِكَ كِدْنَا لِيُوسُفَ ۖ مَا كَانَ لِيَأْخُذَ أَخَاهُ فِي دِينِ الْمَلِكِ إِلَّا أَن يَشَاءَ اللَّهُ ۚ نَرْفَعُ دَرَجَاتٍ مَّن نَّشَاءُ ۗ وَفَوْقَ كُلِّ ذِي عِلْمٍ عَلِيمٌ – يوسف 12/76 So he began [the search] with their bags before the bag of his brother; then he extracted it from the bag of his brother. Thus did We plan for Joseph. He could not have taken his brother within the religion of the king except that Allah willed. We raise in degrees whom We will, but over every possessor of knowledge is one [more] knowing. (Qur'an 12:76) Also, when a man told the Prophet Muhammad (saw) he had vowed to divorce his wife if she contacted his brother, he (saw) answered him: طَلِّقْهَا وَاحِدَةً، فَإِذَا انْقَضَتْ عِدَّتُهَا فَكَلِّمْ أَخَاكَ ثُمَّ تَزَوَّجْهَا – السرخسي، المبسوط، 30/210 Divorce her once, and when she completes her waiting period, then make contact with your brother and then marry her. (Sarakhsi, al-Mabsut, vol. 30, p. 210) Conclusion - What is Hanafi Usul Hanafis cite eight usul they adopt within their school of thought namely: Qur'an, Sunnah, Qawl al-Sahabah (statements of the Companions), Ijma (consensus), Qiyas (analogy), Istihsan (juristic preference), Urf (custom) and Hiyal shar'iah (legal stratagems). With regards to claims of some critics that Abu Hanifah gave priority to qiyas over text (nass), this claim is invalid as he would always follow Qur'an and Sunnah, and if he could not find a ruling in either he would apply reason. References Khatib Baghdadi, Tarikh Baghdad Ibn al-Nadeem, al-Fihris Ibn al-Bazazi, al-Manqib Ibn Abdul Bar, al-Intiqa Ghawji, Sirat A'imat al-Madhahib Mufaq al-Maki, Manaqib al-Imam Abu Hanifah Wahbi Suliman Ghauqi, Sirat A'amat al-Madhahib al-Fiqhiyyah Musili, Al-Ikhtiar li Ta'lil al-Mukhtar Mana al-Qatan, Tarikh al-Tashri al-Islami Ali Gomah, Al-Mudkhal li Dirasat al-Madhab al-Fiqhiyyah Jassas, al-Fusul fi al-Usul Sarakhsi, al-Mabsut FAQs: What is Hanafi Usul - Foundations of Hanafi Jurisprudence Q1: What exactly is Hanafi Usul? A1: Hanafi Usul refers to the principles and methodologies used in the Hanafi school of Islamic jurisprudence for deriving legal rulings. It encompasses the rules and criteria for interpreting the sources of Islamic law, specifically within the Hanafi tradition. Q2: Who founded the Hanafi school and what is its significance? A2: The Hanafi school was founded by Imam Abu Hanifah, a notable 8th-century Islamic scholar. It's one of the four major Sunni legal schools and is known for its emphasis on reason and opinion, making it one of the more flexible and adaptable schools in Islamic jurisprudence. Q3: What are the primary sources of Hanafi jurisprudence? A3: The primary sources include the Qur'an, Sunnah (traditions of Prophet Muhammad), Ijma (consensus of scholars), Qawl al-Sahabi (statements of the Companions), Qiyas (analogy), Istihsan (juristic preference), Urf (local customs), and Hayal Shari'ah (legal stratagems). Q4: How does the Hanafi school differ from other Islamic schools of thought? A4: The Hanafi school is distinguished by its greater reliance on reason and opinion (ra'y) compared to other schools. It also places significant weight on the customs and practices of the local Muslim community (Urf), making it more adaptable to different cultural contexts. Q5: Is Istihsan (juristic preference) unique to Hanafi Usul? A5: While not unique to the Hanafi school, Istihsan plays a more prominent role in Hanafi jurisprudence. It allows for flexibility in legal reasoning, particularly in situations where strict adherence to analogy (Qiyas) would result in hardship or injustice. Q6: Can Hanafi Usul principles change over time? A6: Yes, one of the strengths of Hanafi Usul is its adaptability. The principles can accommodate changes in time, place, and culture, particularly through the mechanisms of Istihsan and Urf, which consider the evolving needs and circumstances of the Muslim community. Q7: How does Hanafi Usul approach modern issues not explicitly mentioned in traditional texts? A7: For contemporary issues not directly addressed in classical texts, Hanafi Usul utilizes principles like Qiyas (analogy) and Istihsan (juristic preference), drawing on the underlying objectives and spirit of Islamic law to derive appropriate rulings. Q8: Is Hanafi Usul applicable in non-Muslim countries? A8: Yes, the flexibility of Hanafi Usul, particularly its consideration of local customs (Urf) and societal norms, makes it applicable in diverse contexts, including non-Muslim countries. Q9: How does Hanafi Usul view cultural practices and traditions? A9: Hanafi Usul respects and often integrates cultural practices and traditions, as long as they don't contradict the fundamental teachings of Islam. This approach is evident in its use of Urf (custom) as a source of law. Q10: Can non-Hanafi Muslims use Hanafi Usul principles? A10: Yes, non-Hanafi Muslims can refer to Hanafi Usul principles, especially in situations where their own school of thought may not provide clear guidance, or when they find the Hanafi approach more suitable to their context.