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Imam Abu Hanifa
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Numan ibn Thabit, commonly known as Imam Abu Hanifa, founder of the Hanafi school of Islamic jurisprudence, was of Persian descent. His grandfather, Marzban, had embraced Islam during the caliphate of Ali. Imam Abu Hanifa was born in the city of Kufa (in present-day Iraq) in 80 AH/699 AD. Kufa was built by Caliph Umar. He invited and encouraged 12,000 people from Yemen to settle in the new city. In addition, several thousand Arab tribes and 1,050 Companions of the Prophet migrated to Kufa at the invitation of Caliph Umar. For several centuries, Yemen had been a multiethnic and flourishing centre of civilization, where Jews, Ethiopian Christians and Persian Zoroastrians had been living together.
Caliph Umar deputed Abdullah ibn Masud, a senior and scholarly Companion of the Prophet, as a teacher to Kufa. Towards the end of his life, Caliph Ali, who was as distinguished in learning as in physical prowess and valour, had also migrated to the new city. Kufa thus became a prominent city of learning and scholarship.
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Early education and training
Among Abdullah ibn Masud’s numerous disciples, Alaqama (d. 62 AH) and Aswad Nakh’i (d. 75 AH) were exceptionally brilliant and succeeded him as his heirs. Ibrahim Nakh’i, who was the most gifted among Alqama’s disciples, inherited his mantle and carried on his mentor’s legacy in his teaching circle in the main mosque of Kufa. He was succeeded by his brightest disciple, Hammad ibn abi Sulayman. Imam Abu Hanifa was a gifted and devoted disciple of Hammad.
In the early centuries of the Islamic era, those who were fired by the zeal for knowledge and learning undertook extensive travels to distant lands in order to sit at the feet of eminent scholars and teachers and to benefit from their erudition and scholarship. From his early years, Imam Abu Hanifa had a precocious mind and a deep yearning for the pursuit of learning. He travelled extensively to numerous cities of the Islamic world, especially to Makkah and Madinah, and sat in the teaching circles of eminent scholars and jurists. He benefited from discussions with some of the most distinguished scholars and sages of his time, including Imam Muhammad Baqir, Imam Ja’far al-Sadiq and Imam Zayd ibn Ali. He frequent met with Imam Malik in Madinah and had long and animated discussions with him on legal issues.
A set of exceptional qualities set Imam Abu Hanifa apart from his colleagues and contemporaries. He was exceedingly intelligent, perceptive and clear-headed. He possessed a rare ability to quickly capture the various dimensions of even a complex issue. His memory was phenomenal. Being a trader by profession, he had an eye for pragmatism and practicality. He was logical and cogent in his argument and lucid in his exposition Most importantly, he was utterly sincere and selfless in the pursuit and dissemination of learning. When Hammad ibn abi Sulayman passed away, his disciples unanimously decided to have Abu Hanifa as his successor. Within a short time, the reputation of Imam Abu Hanifa’s teaching circle spread far and wide and large numbers of students from distant cities and towns began flocking to Kufa to learn from him.
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Imam Abu Hanifa’s System of Fiqh
Imam Abu Hanifa had the privilege of being a Follower (Tabi’i). He had met with more than 20 Companions of the Prophet, including Abdullah ibn Harith, Anas ibn Malik, Jabir ibn Abdullah, Abdullah ibn Abi Awfa, Sahl ibn Sa’ad, and Abut-Tufayl Amir ibn Wathilah. Imam Abu Hanifa narrated Hadith from several Companions.
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Imam Abu Hanifa had the privilege of being a Follower (Tabi’i). He had met with more than 20 Companions of the Prophet, including Abdullah ibn Harith, Anas ibn Malik, Jabir ibn Abdullah, Abdullah ibn Abi Awfa, Sahl ibn Sa’ad, and Abut-Tufayl Amir ibn Wathilah. Imam Abu Hanifa narrated Hadith from several Companions.
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Imam Abu Hanifa considered learning and scholarship as a sacred trust which had to be safeguarded and transmitted from generation to generation with utmost sincerity and dedication. He once observed, “One who acquires knowledge for the sake of worldly gain will not be able to partake of its blessing. Knowledge and learning will not take root in the heart of such a person, nor will people derive any benefits from his learning. But one who acquires knowledge for the sake of religion and faith, his learning will be infused with blessing and will be firmly embedded in his heart and people will also benefit from his learning.”
Imam Abu Hanifa thoroughly immersed himself in Islamic learning, especially in Hadith and Islamic jurisprudence and, after years of careful study and reflection, evolved a methodology for deriving legal provisions and commandments from the corpus of Islamic sources. He is reported to have said, “I derive (principles and issues) from the Quran. If I do not find a particular issue there, I turn to the Traditions of the Prophet, and if I fail to find a particular issue (that I am looking for) there, I select the view of one of the Companions of the Prophet.”
Imam Abu Hanifa formulated a set of seven principles for deriving legal provisions and edicts. These include:
(1) The Holy Quran
(2) Hadith
(3) Precepts and fatawa of the Companions
(4) Consensus among scholars and jurists during a particular period (Ijma)
(5) Analogical deduction (Qiyas)
(6) Looking for ways and means which ensure greater convenience and latitude to
the masses of people (Istihsan)
(7) Mores and folkways (urf and adah)
According to Imam Abu Hanifa, acting on a weak Hadith is preferable to analogical deduction. Similarly, the precepts of the Companions have precedence over analogies. A scholar or jurist can take recourse to analogical deduction only in the absence of explicit guidelines or commandments in the Holy Quran, Hadith and the precepts or fatawa of the Companions. The principle of analogical deduction (qiyas) was derived from the following Hadith.
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According to Imam Abu Hanifa, acting on a weak Hadith is preferable to analogical deduction. Similarly, the precepts of the Companions have precedence over analogies. A scholar or jurist can take recourse to analogical deduction only in the absence of explicit guidelines or commandments in the Holy Quran, Hadith and the precepts or fatawa of the Companions.
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The Prophet deputed one of his Companions, Muadh ibn Jabal (who had a sound and nuanced understanding of Islamic law), to Yemen as a judge. When Muadh visited the Prophet to take his leave before departure, the Prophet asked him, “How will you judge (an issue)?” Muadh replied, “On the basis of the Quran.” The Prophet asked, “What if you do not find (guidance on a particular matter) in the Quran?” He replied, “I will turn to the Prophet’s Sunnah.” The Prophet again asked him, “What if you do not find it in the Sunnah?” Muadh replied, “I wll then try to resolve the issue by using my judgement and opinion.” The Prophet was pleased with his reply.
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Codification of Islamic law
Before Imam Abu Hanifa, attempts at the systematization and codification of Islamic law were made by some scholars and jurists, such as Ibn al-Majishun (d. 164 AH) and Awzai (d. 157 AH). Imam Abu Hanifa’s distinctive and seminal contribution to the codification of Islamic law was that he made it into a collective, collaborative exercise.
Imam Abu Hanifa had a large number of students. Forty of these were endowed with exceptional abilities and were specialists in different fields of Islamic learning, such as Quranic exegesis, Hadith, Islamic jurisprudence, biography of the Prophet, literature and grammar, philology, logic and arithmetic. Imam Abu Hanifa constituted a board or committee, consisting of these forty disciples, for the purpose of systematizing and codifying Islamic law. The members of this board included Abu Yusuf, Afiyah, Zufar ibn Hudhayl, Fudayl ibn Iyad, Abdullah ibn Mubarak, Dawud ibn Nasir, Hafs, Yahya ibn Zakariyah, Hasan ibn Ziyad and Qasim ibn Ma’an.
Imam Abu Hanifa, who presided over the deliberations of the board, used to initiate the discussion by raising a specific issue related to Islamic law and then invite the members to express their opinions on it. Sometimes the discussions would go on for weeks and when a broad consensus among the members of the board over a given issue would be reached, Abu Yusuf would write it down. In the course of these deliberations, some 83,000 issues and rulings were discussed threadbare and codified, of which 38,000 dealt with matters of worship, prayers and rituals and the remaining 45,000 with economic and social issues.
Imam Shafii is reported to have remarked: “People are beholden to five persons. One who desires mastery over the biography of the Prophet is beholden to Ibn Ishaq. One who desires to have expertise in Islamic law is beholden to Abu Hanifa. One who desires to excel in poetry is beholden to Zuhayr. One who desires to have competence in Quranic exegesis is beholden to Muqatil ibn Sulayman. One who desires to become an expert on Arabic grammar is beholden to Kisai.”
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Imam Shafii is reported to have remarked: “People are beholden to five persons. One who desires mastery over the biography of the Prophet is beholden to Ibn Ishaq. One who desires to have expertise in Islamic law is beholden to Abu Hanifa. One who desires to excel in poetry is beholden to Zuhayr. One who desires to have competence in Quranic exegesis is beholden to Muqatil ibn Sulayman. One who desires to become an expert on Arabic grammar is beholden to Kisai.”
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Islamic international law
International law, as a distinct field of study and a specialised body of knowledge, did not exist before the Islamic era. A seminar and path-breaking contribution to this field was made by Muslim scholars, notably by Imam Abu Hanifa and his disciples. Imam Abu Hanifa wrote a treatise called Kitab al-Siyar, which dealt with legal principles and guidelines related to times of peace as well as war. Unfortunately, the book did not survive the vicissitudes of time.
Imam Muhammad ibn Hasan al-Shaybani, who had attended Imam Abu Hanifa’s teaching circle as a young boy and later completed his studies under the guidance of Imam Abu Yusuf, incorporated Imam Abu Hanifa’s lectures in his book Kitab al-Asl. He later expanded this book into a multi-volume work called Al-Siyar al-Kabir. It is reported that Muhammad ibn Hasan, who was appointed chief justice by Caliph Harun al-Rashid, wanted to present a copy of this voluminous work to the caliph, but it was so bulky that it had to be carted to the royal court in a carriage.
In addition to Imam Shaybani, two of Imam Abu Hanifa’s disciples, Zufar ibn Hudayl and Ibrahim al-Fazari, also compiled works on Islamic international law. While Zufar’s book has been lost, the manuscript of Ibrahim al-Fazari’s book has survived the ravages of time.
Thus, Imam Abu Hanifa was instrumental in the creation of Islamic international law, an altogether new and highly promising field of study. Imam Zayd ibn Ali (d. 122 AH) had written a book called Kitab al-Majmu’, which contains a chapter on Islamic international law (siyar). However, the credit for carving out a distinct and systematic field of Islamic international law goes to Imam Abu Hanifa and his distinguished disciples.
The most important treatise dealing with Islamic international law is Shaybani’s As-Siyar al-Kabir. Al-Sarakhsi (d.490 A.H.) wrote a detailed commentary on this book, known as Sharh as-Siyar al-Kabir. Professor Muhammad Hamidullah translated this book into French, which was published in four volumes from Turkey.
Professor Hamidullah points out that the Dutch scholar Hugo Grotius (d.1645) is generally regarded as the father of international law, but the fact of the matter is that the foundations of international law were laid eight centuries earlier by Imam Zayd ibn Ali (d. 120 A.H.), Imam Abu Hanifa (d.150 A.H.) and Imam Muhammad ibn Hasan al-Shaybani (d. 189 A.H.). Islamic international law considerably influenced international law in Europe. The fact that the earliest writers on international law in Europe were mainly of Spanish and Italian origin was not a mere coincidence. The intellectual climate of opinion in Spain and Italy had been infused with Islamic influences.
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Professor Hamidullah points out that the Dutch scholar Hugo Grotius (d.1645) is generally regarded as the father of international law, but the fact of the matter is that the foundations of international law were laid eight centuries earlier by Imam Zayd ibn Ali (d. 120 A.H.), Imam Abu Hanifa (d.150 A.H.) and Imam Muhammad ibn Hasan al-Shaybani (d. 189 A.H.). Islamic international law considerably influenced international law in Europe. The fact that the earliest writers on international law in Europe were mainly of Spanish and Italian origin was not a mere coincidence. The intellectual climate of opinion in Spain and Italy had been infused with Islamic influences.
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The genius of Imam Abu Hanifah
A married couple had a fight over some matter in the night. The fight was so bitter that, in a fit of rage, the husband swore that if the wife did not speak with him till sunrise, she will cease to be his wife. The wife, who was equally exasperated, swore that she would not speak with him till sunrise. After a while it was time for the pre-dawn prayers and the husband got up and went to the mosque for prayers. Sometime after the prayers the sun began to rise. The husband realised his folly and became panicky. He went to visit Muhammad ibn Sirin, an eminent jurist, and narrated to him the whole story, hoping that the worst had not happened. Ibn Sirin told him that nothing could be done in the matter and the divorce had occurred. He was overcome by dejection and decided to meet Imam Abu Hanifa, hoping that he might suggest a way out. Imam Abu Hanifa heard his story and assured him that divorce had not occurred. He then came back delighted to Muhammad ibn Sirin and reported what Imam Abu Hanifa had said. Ibn Sirin was astounded and anguished by Imam Abu Hanifa’s response and he immediately set out to meet him. “Have fear of Allah, Abu Hanifa,” he said, adding that “this man’s wife has been divorced, but you are saying that the divorce has not occurred. If he continues living with the woman, this will amount to an illicit relationship, for which you will be held responsible. How will you face Allah?”
Imam Abu Hanifa remained, as was his wont, calm and patient and asked the man to recount the whole incident. Imam Abu Hanifa then said, “When the man said to his wife that if she did speak with him till sunrise she would no longer remain his wife, he did not specify what he meant by “speaking.” When the wife immediately replied to the husband, saying that she too would not speak with him till sunrise, this amounted to “speaking.” This indicates that the condition for divorce--not “speaking”—did not take effect and hence their marital relationship remained unaffected. Muhammad ibn Sirin was convinced by Imam Abu Hanifa’s argument and explanation. Thus Imam Abu Hanifa’s acuity of perception and keenness of judgement saved the couple’s marriage.
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Personality profile
Imam Abu Hanifa was a trader by profession. He used to deal in a rather expensive kind of fabric, known as khaz, made from a mixture of silk and cotton threads, which was quite popular in the early centuries of the Islamic era. He had a garment factory as well as a shop in Kufa, which did good business. The fabrics manufactured in his factory and sold in his shop were also purchased in large quantities by retailers and hawkers. These fabrics were in great demand in Kufa as well as in other cities such as Baghdad, Naishapur and Merv due to their fine quality and the fair trading practices followed by Imam Abu Hanifa’s staff. Imam Abu Hanifa was extremely scrupulous in trade and financial transactions.
Though he was a wealthy trader, Imam Abu Hanifa lived a very frugal existence. However, he was compassionate and generous to a fault and used to go out of his way to help people in distress. A well-to-do person in Kufa once found himself in straitened circumstances. Since he was a self-respecting person, he managed to eke out a meagre existence without asking for charity. One day his young daughter saw a hawker selling cucumber. She asked her mother for some money to buy cucumber, but she had no money to spare. Her father, who was watching the scene, was overcome with grief and distress and thought that he should ask Imam Abu Hanifa for some help.
Imam Abu Hanifa’s circle was known as “the assembly of blessing” (majlis al-barakah). The man came to Imam Abu Hanifa’s circle and sat in a corner, hoping to catch the Imam’s benign attention. He sat there for quite a while but his self-respect prevented him from conveying his distress to the Imam. But the highly perceptive Imam Abu Hanifa could gauge that the man was in need of some help but due to some reason could not bring himself to expressing his need. When the man got up to leave, the Imam quietly followed him and found out from a distance where his house was located. After sunset the Imam carried a bagful of money and walked towards his house and knocked at his door. When the man opened the door, Imam Abu Hanifa told him that a bag was lying at his doorstep and that it was meant for him. Since it was quite dark he could not recognize the Imam. When he opened the bag he found, to his delight and surprise, 500 dirhams with a note saying that this money was from Abu Hanifa and that the man should spend it for meeting his needs.
The celebrated Sufi, Shaqiq of Balkh, narrates that one day he was walking with Imam Abu Hanifa when he saw someone walking towards them. But when the man came a little closer, he changed his route and turned into another lane. Imam Abu Hanifa called out to him and when he came nearer, asked him, “Why did you change your route?” He told the Imam in an embarrassed tone that he owed him 10,000 dirhams and that the repayment of the loan had been inordinately delayed. He was overcome with remorse when he saw the Imam and felt that he could not face him. That was the reason why he changed his route and turned into another lane. The compassionate Imam told him, “You changed your track for such a small matter. Forget the money. Take it as a gift from me. And please forgive me for the feelings of remorse or fear that you experienced when you saw me.” The man could not believe his ears.
Imam Abu Hanifa was very fond of showering gifts on his friends, scholars and disciples. Whenever he bought clothes or fruits for his family he would buy the same things for scholars. He took personal interest in the welfare of his students and used to quietly look after their needs. He used to invite his students for lunch each Friday. On festive occasions he used to send lavish gifts to a cross-section of people. He would get his deserving students married at his own expense. Many students used to receive stipends and fellowships from him.
Abu Yusuf, Imam Abu Hanifa’s brightest disciple, came from a very poor family. He used to often skip his lessons. One day Imam Abu Hanifa visited his house to find out what the problem for his absence was. His mother told the Imam that the family was in dire straits and Abu Yusuf had to help her out in household chores, which prevented him from regularly attending class. Imam Abu Hanifa told Abu Yusuf’s mother, “I would advise you to allow Abu Yusuf to carry on with his studies because he is extremely talented. I can foresee that one day in the near future he will have falooda (a delicious drink served among the rich) with pistachio oil.” When Imam Abu Hanifa returned home he called Abu Yusuf and told him that henceforth he would take care of the expenses of his family until he completed his studies. Abu Yusus later narrated that Imam Abu Hanifa looked after his family for 20 years.
Many years after the passing away of Imam Abu Hanifa, Caliph Harun al-Rashid appointed Abu Yusuf as the chief justice of his empire, which entitled him to a high status and undreamt of comforts and luxuries. One day the caliph invited Abu Yusuf to his palace for supper. In the course of the supper, the caliph pointed to a particular drink on the table and told him, “Have this drink, Abu Yusuf. This is known as falooda, made with a sprinkling of pistachio oil. This drink is prepared once in a long while.” Abu Yusuf was reminded of what Imam Abu Hanifa had told his mother more than 20 years ago. He could not hold his tears. When the caliph asked him what made him cry, he told him the entire episode.
Hasan ibn Zayd was a brilliant disciple of Imam Abu Hanifa. One day his father visited the Imam and told him that he had many daughters and only one son. He then requested the Imam to advise Hasan to go in for a trade or profession so as to lighten his burden. After Hasan’s father left, Imam Abu Hanifa called him and narrated to him the conversation his father had had with him. He then told Hasan to carry on with his studies and arranged for a regular stipend for his family until he completed his studies and found a job.
Imam Abu Hanifa’s honesty and trustworthiness were legendary. Many people used to keep their money ad other valuables with him for safe custody.
A neighbour of Imam Abu Hanifa, who was a cobbler, was in the habit of drinking. He used to drink every night and recite aloud a couplet to the effect that people have wasted a young man like him who could have defended the country’s borders in critical times. One day the police took him into custody on charges of drunkenness. As night fell, the Imam did not hear his loud, drunken voice. He was told on inquiry that he had been taken into custody. The Imam went to the police station and secured his release on his personal surety. When the man came out of the prison, the Imam told him, “I hope I have not allowed you to be wasted.” The man was overcome with remorse and told the Imam that henceforth he would never indulge in such behaviour. He changed his life’s course and started attending the Imam’s teaching circle.
Imam Abu Hanifa’s kindness and compassion transcended religious and sectarian distinctions. On one occasion he repeated pleaded the case of a dhimmi (non-Muslim subject of the Islamic state) with the authorities until his work was done.
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Integrity and independence
Imam Abu Hanifa was extremely self-respecting and pious. He kept himself away from courts and the ruling elite and never accepted any gifts or grants from them. One day the Abbasid caliph Abu Jafar Mansur sent him some money as gift, but he refused to take it. Someone suggested that he should take the money and give it away as charity to the needy. “Do these people (rulers) possess any legitimately acquired wealth?,” he asked.
One day the caliph Abu Jafar Mansur sent for Imam Abu Hanifa and offered him a lavish gift, but the Imam declined to accept it. “Why do you refuse what I am offering you,” the caliph asked. The Imam replied, “You are offering me money from the state treasury. Had I participated in a battle along with Muslim soldiers I would have thought that just as other soldiers get their stipends, I could also take my share. Family members of Muslim soldiers receive some stipend or grant from the state treasury. I am not one of these soldiers. Had I been poor or indigent I would have had a right to take money from the state treasury. But, thanks to Allah, I am not one of them either.”
The closing years of the Umayyad dynasty were marked by extreme repression and atrocities on people. A question which began to torment the ulama during those turbulent times was whether people should patiently bear with the repressive policies and actions of the ruling dispensation or, failing peaceful methods to set things right, rise in revolt against the state. Some scholars, such as Imam Malik and Awzai, were of the opinion that an armed uprising against the government was inadvisable because it would inevitably result in violence and bloodshed, in which the worst sufferers would be the Muslim masses. Imam Abu Hanifa and Imam Zayd ibn Ali, on the other hand, were of the view that one should not extend any kind of cooperation to an unjust and oppressive government and that people have a legitimate right to rise in revolt against a state that espouses repression and atrocities on innocent people. They drew inspiration from the Hadith which says, “If one of you happens to see an objectionable action or behaviour he should try to contain it by (the force of) his hands. If he is unable to do so, he should voice his disapproval. If even this is not possible, he should harbour in his heart feelings of censure and disapproval against the act; and this constitutes the weakest stage of faith.”
Caliph Abu Jafar Mansur offered the highest judicial post to Imam Abu Hanifa, but he declined to accept it. He then told the caliph:
The post of judge should be occupied by a person who possesses the
courage to pass a judgement even against you, your family members, and
your generals and military officers. If a petition is filed against you (while
I am the judge) and if you wish that I should not pass my judgement
according to Islamic law, and you threaten me that if I decide against you,
you will have me drowned in the river, I would prefer drowning in the
river rather than delivering a judgement that goes against the canons of
justice. I simply cannot do it.
Ibn Hubayra, the governor of Kufa, offered an important post in the administration to Imam Abu Hanifa, but he declined to accept it. He was imprisoned on the orders of Ibn Hubayra and was mercilessly flogged. Towards the end of Imam Abu Hanifa’s life, Caliph Abu Jafar Mansur again sent for him and offered him the post of judge, which the Imam declined. Incensed by the Imam’s persistent refusal, the caliph ordered him to be imprisoned and flogged. After a few days, he was poisoned in the jail.
Imam Abu Hanifa had desired that after death he should be buried, not in Baghdad, but on the outskirts of the city, because the land on which the city had been built had been acquired through deceit and coercion.
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