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{{Short description|One of four major schools of Sunni Islamic jurisprudence}}
{{Short description|School of Islamic jurisprudence}}
{{Other uses}}
{{redirect|Hanafi}}
{{Use dmy dates|date=September 2022}}
{{Expand Arabic|حنفية|date=August 2020}}{{Sunni Islam}}
{{Sunni Islam|expanded=Sunni Schools of Law}}


The '''Hanafi school{{efn|{{langx|ar|ٱلْمَذْهَب ٱلْحَنَفِيّ|translit=al-madhhab al-ḥanafī}}|group=lower-alpha}}''' or '''Hanafism''' is one of the four major [[Madhhab|schools]] of [[Islamic jurisprudence]] within [[Sunni Islam]]. It developed from the teachings of the [[Faqīh|jurist]] and theologian [[Abu Hanifa]] ({{circa|699–767 CE}}), who emphasised and systemised the use of reasoning (''[[ra'y]]''). Hanafi legal theory primarily derives law from the [[Quran]], the sayings and practices of [[Muhammad]] ([[Sunnah|''sunnah'']]), scholarly consensus ([[Ijma|''ijma'']]) and analogical reasoning ([[Qiyas|''qiyas'']]), but also privileges juristic discretion ([[Istihsan|''istihsan'']]) and local customs ([[Urf|''urf'']]).
The '''Hanafi''' '''school'''<ref>''The Muslim Personal Law (Shariat) Application Act, 1937 clearly allowed Hanafi muslims to practice the heinous forceful Halala, which the British government themselves passed! Then how can they say "Salafis" are a british invention??? Even the great Wahhabi trials were a plot to execute all Ahlul hadith people, coz all Sufi hanafis were allies of British.''</ref> ({{lang-ar|حَنَفِي|translit=Ḥanafī}}) is one of the four traditional major [[Sunni Islam|Sunni]] schools (madhabs) of [[Islamic jurisprudence]] (''fiqh'').<ref>{{cite book |last=Ramadan |first=Hisham M. |year=2006 |title=Understanding Islamic Law: From Classical to Contemporary |publisher=[[Rowman Altamira]] |isbn=978-0-7591-0991-9 |pages=24–29}}</ref> Its eponym is the 8th-century [[Kufa]]n scholar, [[Abu Hanifa|Abū Ḥanīfa an-Nu‘man ibn Thābit]], a ''[[Tabi'un|tabi‘i]]'' of [[Persians|Persian]] origin whose legal views were preserved primarily by his two most important disciples, [[Abu Yusuf]] and [[Muhammad al-Shaybani]].<ref name=":0">{{Cite web|last=Warren|first=Christie S.|date=|title=The Hanafi School|url=https://www.oxfordbibliographies.com/view/document/obo-9780195390155/obo-9780195390155-0082.xml|url-status=live|archive-url=|archive-date=|access-date=26 August 2020|website=Oxford Bibliographies}}</ref><ref>{{Cite web|title=Sunan Abi Dawud 903 - Prayer (Kitab Al-Salat) - كتاب الصلاة - Sunnah.com - Sayings and Teachings of Prophet Muhammad (صلى الله عليه و سلم)|url=https://sunnah.com/abudawud:903|access-date=2021-04-19|website=sunnah.com}}</ref>


The school spread throughout the Muslim world under the patronage of various Islamic empires, including the [[Abbasids]] and [[Seljuk Empire|Seljuks]]. [[Transoxiana]] emerged as a centre of classical Hanafi scholarship between the 10th and 12th centuries, which gave rise to the [[Maturidi]] school of theology. The [[Ottoman Empire]] adopted Hanafism as its official school of law and influenced the legal thought of the school.
Under the patronage of the [[Abbasid Caliphate|Abbasids]], the Hanafi school flourished in [[Iraq]] and spread eastwards, firmly establishing itself in [[Greater Khorasan|Khorasan]] and [[Transoxiana]] by the 9th-century, where it enjoyed the support of the local [[Samanid Empire|Samanid]] rulers.<ref>{{Cite book|last=Hallaq|first=Wael|title=The Origins and Evolution of Islamic Law|publisher=Cambridge University Press|year=2010|isbn=9780521005807|location=Cambridge|pages=173–174}}</ref> Turkic expansion introduced the school to the [[Indian subcontinent]] and [[Anatolia]], and it was adopted as the chief legal school of the [[Ottoman Empire]].<ref>{{Cite book|last=Hallaq|first=Wael|title=An Introduction to Islamic Law|publisher=Cambridge University Press|year=2009|isbn=978-0521678735|location=Cambridge|pages=37}}</ref>


Followers of the Hanafi school are called Hanafis, who are estimated to comprise one third of all Muslims.{{Sfn|Esposito|2003}} It is the largest Islamic legal school and is predominant in the [[Indian subcontinent]], [[Turkey]] and much of the [[Levant]].{{Sfn|Esposito|2003}}{{Sfn|Hallaq|2009|p=37}}
The Hanafi school is the [[Madhhab|maddhab]] with the largest number of adherents, followed by approximately one third of Muslims worldwide.<ref name="unc1">[http://veil.unc.edu/religions/islam/law/ Jurisprudence and Law – Islam] Reorienting the Veil, University of North Carolina (2009)</ref><ref>{{Cite web|title=Hanafi School of Law - Oxford Islamic Studies Online|url=http://www.oxfordislamicstudies.com/article/opr/t125/e798|access-date=2020-08-25|website=www.oxfordislamicstudies.com|language=en}}</ref> It is prevalent in [[Turkey]], [[Pakistan]], the [[Balkan]]s, the [[Levant]], [[Central Asia]], the [[Indian subcontinent]], [[Egypt]] and [[Afghanistan]], in addition to parts of [[Russia]], [[China]] and [[Iran]].<ref name="su1">Siegbert Uhlig (2005), "Hanafism" in ''Encyclopaedia Aethiopica'': D-Ha, Vol 2, Otto Harrassowitz Verlag, {{ISBN|978-3447052382}}, pp. 997–99</ref><ref>Abu Umar Faruq Ahmad (2010), ''Theory and Practice of Modern Islamic Finance'', {{ISBN|978-1599425177}}, pp. 77–78</ref> The other primary Sunni legal schools are the [[Maliki]], [[Shafiʽi school|Shafi`i]] and [[Hanbali]] schools.<ref>Gregory Mack, Jurisprudence, in [[Gerhard Böwering]] et al (2012), ''The Princeton Encyclopedia of Islamic Political Thought'', Princeton University Press, {{ISBN|978-0691134840}}, p. 289</ref><ref>{{cite encyclopedia|url=http://www.britannica.com/EBchecked/topic/574006/Sunnite|title=Sunnite|encyclopedia=[[Encyclopædia Britannica]]|year=2014}}</ref>
== History ==
The Hanafi school emerged from the legal tradition of [[Kufa]] in [[Iraq]], in which its eponym [[Abu Hanifa]] ({{Died in|150/767}}) resided.{{Sfn|Younas|2018|p=18}} Iraqi jurists were known for their use of independent reasoning (''[[ra'y]]'') in deriving law.{{Sfn|Bardakoğlu|1997}} Kufa, alongside [[Medina]] and [[Basra]], was a centre of legal activity at the beginning of the second Hijri century. Its prominent jurists included [[Amir al-Sha'bi]], [[Ibrahim al-Nakha'i]] and [[Hammad ibn Abi Sulayman]].{{Sfn|Hallaq|2005|pp=64-65}} The opinions of Abu Hanifa and the earlier Kufan jurists closely correspond,{{Sfn|Hanif|2018|p=90}} particularly those of al-Nakha'i.{{Sfn|Sadeghi|2013|p=128}} Abu Hanifa's legal doctrine, as conveyed to his students, was predominantly derived from his own instructors, chiefly Hammad and al-Nakha'i.{{Sfn|Hallaq|2005|p=154}}


=== Formative period ===
==Methodology==
[[File:جامع الإمام الأعظم.jpg|thumb|The [[Abu Hanifa Mosque]] in Baghdad, which houses the tomb of Abu Hanifa]]
Hanafi [[Principles of Islamic jurisprudence|''usul'']] recognises the [[Quran]], [[hadith]], consensus (''[[ijma]]''), legal analogy (''[[qiyas]]''), juristic preference (''[[istihsan]]'') and normative customs (''[[urf]]'') as sources of the [[Sharia]].<ref name=":0" /><ref>Hisham M. Ramadan (2006), Understanding Islamic Law: From Classical to Contemporary, Rowman Altamira, {{ISBN|978-0759109919}}, p. 26</ref> Abu Hanifa is regarded by modern scholarship as the first to formally adopt and institute ''qiyas'' as a method to derive Islamic law when the Quran and hadith are silent or ambiguous in their guidance;<ref>See:<br />*[[Reuben Levy]], ''Introduction to the Sociology of Islam'', pp. 236–37. [[London]]: [[Williams and Norgate]], 1931–1933.<br />*[[Chiragh Ali]], The Proposed Political, Legal and Social Reforms. Taken from ''Modernist Islam 1840–1940: A Sourcebook'', p. 280. Edited by [[Charles Kurzman]]. [[New York City]]: [[Oxford University Press]], 2002.<br />*Mansoor Moaddel, ''Islamic Modernism, Nationalism, and Fundamentalism: Episode and Discourse'', p. 32. [[Chicago]]: [[University of Chicago Press]], 2005.<br />*Keith Hodkinson, ''Muslim Family Law: A Sourcebook'', p. 39. Beckenham: Croom Helm Ltd., Provident House, 1984.<br />*''Understanding Islamic Law: From Classical to Contemporary'', edited by Hisham Ramadan, p. 18. [[Lanham, Maryland]]: [[Rowman & Littlefield]], 2006.<br />*Christopher Roederrer and {{ill|Darrel Moellendorf|de}}, ''Jurisprudence'', p. 471. Lansdowne: Juta and Company Ltd., 2007.<br />*Nicolas Aghnides, ''Islamic Theories of Finance'', p. 69. New Jersey: Gorgias Press LLC, 2005.<br />*[[Kojiro Nakamura]], "Ibn Mada's Criticism of Arab Grammarians." ''Orient'', v. 10, pp. 89–113. 1974</ref> and is noted for his general reliance on personal opinion (''[[ra'y]]'').<ref name=":0" />
Abu Hanifa and his students were responsible for systemising the use of ''ra'y'',{{Sfn|Bardakoğlu|1997}} of which Abu Hanifa was its "unrivalled master".{{Sfn|El Shamsy|2013|p=45}} According to his contemporary [[Shu'bah]], Abu Hanifa was the "most systematic jurist of his time".{{Sfn|Shahawy|2019|p=21}} There is no record of legal treatises authored by Abu Hanifa. His teachings were transmitted by his disciples [[Abu Yusuf]] ({{Died in|182/798}}) and [[Muhammad al-Shaybani]] ({{Died in|189/804}}), the last of whom was the most prolific.{{Sfn|Swartz|2003}} Later Hanafis termed the corpus of al-Shaybani as the "''ẓāhir al-riwāya''" and ascribed it an authoritative status.{{Sfn|Younas|2022|p=59}}


The students of Abu Hanifa established [[Halaqa|study circles]] in [[Baghdad]], an emerging hub of cultural activity and the seat of the [[Abbasid Caliphate]].{{Sfn|Younas|2018|pp=26–28}} The school won the support of the centralising Abbasid state, which sought to unify the legal system.{{Sfn|Tsafrir|2004|p=17}} The Abbasids' preference for appointing Hanafi judges assisted in the spread of the school. Abu Yusuf served as a [[qadi|judge]] in Baghdad; the Abbasid caliph [[Harun al-Rashid]] ({{Reign|786|809}}) later appointed him as the [[Great Qadi|chief judge]]. By the time of al-Shaybani's death, the school had established itself in [[Egypt]] and [[Balkh]] in [[Tokharistan]].{{Sfn|Younas|2018|pp=26–28}}
The foundational texts of Hanafi madhhab, credited to Abū Ḥanīfa and his students Abu Yusuf and Muhammad al-Shaybani, include ''Al-fiqh al-akbar'' (theological book on jurisprudence), ''Al-fiqh al-absat'' (general book on jurisprudence), ''Kitab al-athar'' (thousands of hadiths with commentary), ''Kitab al-kharaj'' and ''Kitab al-siyar'' (doctrine of war against unbelievers, distribution of spoils of war among Muslims, [[Apostasy in Islam|apostasy]] and taxation of [[dhimmi]]).<ref>Oliver Leaman (2005), ''The Qur'an: An Encyclopedia'', Taylor & Francis, {{ISBN|978-0415326391}}, pp. 7–8</ref><ref>Kitab Al-Athar of Imam Abu Hanifah, Translator: Abdussamad, Editors: Mufti 'Abdur Rahman Ibn Yusuf, Shaykh Muhammad Akram (Oxford Centre of Islamic Studies), {{ISBN|978-0954738013}}</ref><ref>[[Majid Khadduri]] (1966), ''The Islamic Law of Nations: Shaybani's'', Johns Hopkins University Press, {{ISBN|978-0801869754}}</ref>


Early Hanafis were distinct in their use of analogical reasoning (''qiyas'') and adherence to analogical consistency,{{Sfn|Shahawy|2019|p=21-23}} and employed juristic discretion (''istihsan'') to depart from analogical reasoning when deemed appropriate.{{Sfn|Shahawy|2019|p=97}} Iraqi ''ra'y'' dialectics involved the interlocutors exploring a series of hypothetical legal cases to delineate the limits of legal norms.{{Sfn|El Shamsy|2013|pp=24-25}} In practice, it led Hanafis to favour widely accepted hadith, particularly those which enshrined general principles that were applicable to other cases.{{Sfn|El Shamsy|2013|p=27}} The widespread collection of [[hadith]] led to the circulation of many reports that were unknown to the Hanafis. In response, they prioritised those known to the Iraqi legal tradition.{{Sfn|El Shamsy|2013|pp=52-53}} Abu Yusuf and al-Shaybani separately authored works named ''[[Kitab al-Athar]]'' ({{Literal translation|Book of Traditions}})'','' which sought to ground Hanafi teachings in the precedent of the early Kufan jurists and the Kufan companions of [[Muhammad]], notably [[Abd Allah ibn Mas'ud]] and [[Ali]].{{Sfn|El Shamsy|2013|pp=47–48}} Abu Hanifa himself is known to have used hadith; in Abu Yusuf's ''Ikhtilāf Abī Ḥanīfa wa-Ibn Abī Laylā'', which lists cases where Abu Hanifa differed with his contemporary [[Ibn Abi Layla]], Abu Hanifa is quoted as citing a hadith in around 10% of the cases presented, but cites narrations attributed to Muhammad's companions more often.{{Sfn|Yanagihashi|2007}}
=== Istihsan ===
The Hanafi school favours the use of ''istihsan'', or juristic preference, a form of ''ra'y'' which enables jurists to opt for weaker positions if the results of ''qiyas'' lead to an undesirable outcome for the public interest (''[[maslaha]]'').<ref>{{Cite web|last=|first=|date=|title=Istihsan|url=http://www.oxfordislamicstudies.com/article/opr/t125/e1136|url-status=live|archive-url=|archive-date=|access-date=2020-08-26|website=Oxford Islamic Studies Online}}</ref> Although ''istihsan'' did not initially require a scriptural basis, criticism from other schools prompted Hanafi jurists to restrict its usage to cases where it was textually supported from the 9th-century onwards.<ref>{{Cite book|last=Hallaq|first=Wael|title=A History of Islamic Legal Theories: An Introduction to Sunnī Uṣūl al-Fiqh|publisher=Cambridge University Press|year=2008|isbn=978-0521599863|location=Cambridge|pages=107–108}}</ref>


In contemporary external sources, members of the nascent school were described as the ''aṣḥāb abī ḥanīfa'' ("companions of Abu Hanifa") and the ''aṣḥāb al-ra’y'' ("companions of ''ra'y''").{{Sfn|Younas|2017|p=48–51}} Early Hanafi doctrine was attacked by the [[Ahl al-hadith|traditionists]]{{Efn|Also referred to as the ''aṣḥāb al-ḥadīth'' or ''ahl al-hadith''.|group=lower-alpha}}, who accused Hanafis of preferring their ''ra'y'' to hadith.{{Sfn|Sadeghi|2013|pp=130–131}} The identification of Hanafis with the ''aṣḥāb al-ra’y'' in contradistinction to the traditionist ''aṣḥāb al-ḥadīth'' strengthened during the resurgence of the latter following the [[Mihna]].{{Sfn|Younas|2017|p=64}} [[Al-Shafi'i]] ({{Died in|150/767}}), too, critiqued the Hanafis' treatment of hadith and their claim that their positions reflected those of the Kufan companions of Muhammad.{{Sfn|El-Shamsy|2013|p=47-49}} He further argued that ''istihsan'' was subjective, which later led to classical Hanafi legal theorists articulating it as being completely dependent on the primary sources of law.{{Sfn|Shahawy|2019|p=250}}
==History==
[[File:Madhhab Map3.png|thumb|right|400px|Map of the Muslim world. Hanafi (light green) is the Sunni school predominant in [[Turkey]], the Western [[Middle East]], Western and Nile river region of [[Egypt]], [[Central Asia]], [[Afghanistan]], [[Pakistan]], [[Bangladesh]], and parts of [[Southeast Europe]], [[India]], [[China]] and [[Russia]].<ref name="unc1" /><ref name="su1" /> An estimated one-third of all Muslims living in Muslim majority countries worldwide follow Hanafi law.<ref name="unc1" />]]As the fourth Caliph, [[Ali]] had transferred the Islamic capital to [[Kufa]], and many of the [[Sahaba|first generation]] of Muslims settled there. The Hanafi school of law based many of its rulings on the earliest Islamic traditions as transmitted by Sahaba residing in Iraq. Thus, the Hanafi school came to be known as the Kufan or Iraqi school in earlier times. Ali and [[Abdullah, son of Masud]], formed much of the base of the school, as well as other personalities such as [[Muhammad al-Baqir]], [[Ja'far al-Sadiq]], and [[Zayd ibn Ali]]. Many jurists and historians had lived in Kufa including one of Abu Hanifa's main teachers, Hammad ibn Sulayman.{{citation needed|date=January 2015}}


=== Classical period ===
The Sunni & [[Imamate in Shia doctrine|6th Shi'ite Imam]] [[Ja'far al-Sadiq]] (a [[Family tree of Muhammad|descendant]] of the [[Prophets and messengers in Islam|Islamic ''Nabi'']] ([[Prophet]]) [[Muhammad]]) was reportedly a teacher of Sunni Imams Abu Hanifah and [[Malik ibn Anas]], who in turn was a teacher of Imam [[Ash-Shafi‘i]],<ref name="Dutton">{{citation |title=The Origins of Islamic Law: The Qurʼan, the Muwaṭṭaʼ and Madinan ʻAmal |last=Dutton |first=Yasin |author-link=Yasin Dutton |page=16}}</ref><ref name="Haddad2007">{{cite book |last=Haddad |first=Gibril F. |title=The Four Imams and Their Schools |location=[[London]], the [[United Kingdom|U.K.]] |publisher=Muslim Academic Trust |year=2007 |pages=121–194}}</ref>{{rp|121}} who in turn was a teacher of Imam [[Ahmad ibn Hanbal]]. Thus all of the four great Imams of Sunni ''[[Fiqh]]'' are connected to Ja'far, whether directly or indirectly.<ref name="HistoryOfIslam">{{cite web |url=http://historyofislam.com/contents/the-classical-period/imam-ja%E2%80%99afar-as-sadiq/ |title=Imam Ja'afar as Sadiq |work=History of Islam |access-date=2012-11-27 |archive-url=https://web.archive.org/web/20150721215837/http://historyofislam.com/contents/the-classical-period/imam-ja%E2%80%99afar-as-sadiq/ |archive-date=2015-07-21 |url-status=dead}}</ref>
[[File:Majmaʻ al-baḥrayn wa-multaqá al-nayyirayn-page0001.jpg|thumb|Cover of a 15th-century manuscript of a Hanafi legal work based on al-Quduri's ''mukhtasar''|264x264px]]
During the 9th-century, the Hanafi school transitioned from a "personal school" centered around individual jurists and their study circles to a distinct legal community with a collectively-recognised doctrine and set of authoritative figures.{{Sfn|Younas|2018|p=31}} By the end of the century, the school resembled a professional body with a doctrine that was systematically transmitted from teachers to students, maturing into its classical form.{{Sfn|Younas|2018|pp=131–133}} [[Al-Quduri]] ({{Died in|428/1036–37}})'s ''[[mukhtasar]]'' was the classical school's first work of the genre and the most authoritative after that of al-Shaybani.{{Sfn|Hanif|2017|p=144}}


Some Hanafis moved towards using the traditionists' method of [[Hadith sciences|hadith criticism]] to justify the school's positions, such as the Egyptian jurist [[al-Tahawi]] ({{Died in|321/933}}).{{Sfn|Melchert|2001|pp=397–398}} Nevertheless, the classical legal theorists focused on formulating a Hanafi approach to hadith criticism that emphasised a hadith's acceptance by early jurists, with narrator analysis taking a secondary role.{{Sfn|Hanif|2017|p=49–52}}
In the early history of Islam, Hanafi doctrine was not fully compiled. The fiqh was fully compiled and documented in the 11th century.<ref name=na1/>


Over the 9th-century, the Hanafi school also emerged as the prevailing school in [[Transoxiana]] and Tokharistan.{{Sfn|Younas|2018|p=28}} The school was introduced to Transoxiana by the students of Abu Hanifa and al-Shaybani, but became prevalent under the [[Samanids]], during whose rule Hanafi scholars received official favour.{{Sfn|Madelung|1982|p=39}} The Transoxianan Hanafi tradition was highly influential in defining the doctrine of the later school.{{Sfn|Hanif|2017|p=8}} Works authored by Transoxianan jurists and accorded a high status in later Hanafi tradition include:
The Turkish rulers were some of the earliest adopters of the relatively more flexible Hanafi fiqh, and preferred it over the traditionalist Medina-based fiqhs which favored correlating all laws to Quran and Hadiths and disfavored Islamic law based on discretion of jurists.<ref name=jle1>John L. Esposito (1999), ''The Oxford History of Islam'', Oxford University Press, {{ISBN|978-0195107999}}, pp. 112–14</ref> The [[Abbasid]]s patronized the Hanafi school from the 10th century onwards. The Seljuk Turkish dynasties of 11th and 12th centuries, followed by Ottomans, adopted Hanafi fiqh. The Turkic expansion spread Hanafi fiqh through Central Asia and into [[Indian subcontinent]], with the establishment of [[Seljuk Empire]], [[Timurid dynasty]], [[Chagatai Khanate|Khanates]], [[Delhi Sultanate]], [[Bengal Sultanate]] and [[Mughal Empire]]. Throughout the reign of Emperor [[Aurangzeb]], the Hanafi based [[Fatawa-e-Alamgiri]] served as the legal, juridical, political, and financial code of most of [[South Asia]].<ref name=na1>Nazeer Ahmed, ''Islam in Global History'', {{ISBN|978-0738859620}}, pp. 112–14</ref><ref name=jle1/>
* The legal theoretical work of [[al-Sarakhsi]] ({{Died in|483/1090}}), known as ''Uṣūl al-Sarakhsī'',{{Sfn|Hanif|2020|p=231}} as well as his legal commentary ''al-Mabsūṭ''.{{Sfn|Hanif|2020|p=235}}
* The [[Al-Hidayah|''Hidayah'']] of [[Burhan al-Din al-Marghinani]] ({{Died in|593/1197}}), which is considered the most authoritative representation of the early classical school.{{Sfn|Hanif|2017|pp=1–2}}
* The encyclopaedic commentary ''[[Bada'i' al-Sana'i'|Badāʾiʿ al-ṣanāʾiʿ]]'' of [[Al-Kasani|Ala al-Din al-Kasani]] ({{Died in|587/1191}}).{{Sfn|Hanif|2021}}
In the 10th-century, the Hanafi theologian [[Abu Mansur al-Maturidi]] ({{Died in|333/944}}) developed a [[Kalam|''kalam'']] tradition that crystallised into the [[Maturidi]] school of theology,{{Sfn|Harvey|2021|p=4-5}} which had descended directly from the theological views of the earliest Hanafis.{{Sfn|Harvey|2021|pp=30–31}} Due to philosophical differences, the Transoxianan Maturidis disagreed with the [[Mu'tazilite]] strain of Iraqi Hanafis on several technical points of legal theory, but saw limited success in expunging the Mu'tazilite influence.'''{{Sfn|Zysow|2002|p=264}}'''


The [[Oghuz Turks]] who founded the [[Seljuk Empire]] became attached to the Transoxianan Hanafi tradition. The Seljuks favoured the eastern Hanafis and appointed them to various official positions in their new territories, encouraging their migration out of Central Asia.{{Sfn|Madelung|2002|p=43}} During the Seljuk expansion of the 11th and 12th centuries, the Hanafi and Maturidi schools spread westward into Syria, [[Anatolia]] and western Persia.{{Sfn|Swartz|2003}} Hanafi migration out of Central Asia accelerated during the [[Mongol invasion of the Khwarazmian Empire|Mongol invasions]], which ravaged the region.{{Sfn|Madelung|2002|p=43}}
==See also==
{{Portal|Islam|politics}}
*[[Islamic schools and branches]]
*[[Maturidi]]
*[[List of Sunni books#Hanafi|List of major Hanafi books]]
*[[List of Hanafis]]


=== Indian subcontinent ===
==References==
[[File:Manuscript copy of al-Fatawa al-'Alamgiriyyah.jpg|thumb|[[William Jones (philologist)|William Jones]]' manuscript of the ''al-Fatāwā l-ʿĀlamgīriyya'']]
{{Reflist|50em}}
The Hanafi school spread to India from Transoxiana and eastern Persia.{{Sfn|Swartz|2003}} To consolidate control over his realm, the [[Mughal Empire|Mughal]] emperor [[Aurangzeb]] ({{Reign|1658|1707}}) ordered the compilation of Hanafi [[Fatwas|''fatwas'']]. Completed between 1664 and 1672, the resulting [[Fatawa 'Alamgiri|''al-Fatāwā l-ʿĀlamgīriyya'']] selected legal opinions from earlier Hanafi legal works and is modelled after the ''Hidayah'' of al-Marghinani.{{Sfn|Khalfaoui|2012}}


During the [[colonization of India]], the juristic disagreements intrinsic to Islamic jurisprudence disturbed the [[East India Company]], who sought to create a "complete digest of Hindu and Mussulman law". The resulting [[Anglo-Muhammadan law]] was based in part on a translation of al-Marghinani's ''Hidayah'', which was chosen for its brevity and its belonging to the Hanafi school, which most Indian Muslims followed. The project effectively codified the ''Hidayah,'' severing it from the Hanafi commentarial tradition under which it was traditionally interpreted.{{Sfn|Hallaq|2009b|pp=373–375}}
==Further reading==
* Branon Wheeler, [https://books.google.com/books?id=slLpouSlzPcC&printsec=frontcover&source=gbs_atb ''Applying the Canon in Islam: The Authorization and Maintenance of Interpretive Reasoning in Ḥanafī Scholarship''] (Albany, SUNY Press, 1996).
* Nurit Tsafrir, ''The History of an Islamic School of Law: The Early Spread of Hanafism'' (Harvard, Harvard Law School, 2004) (Harvard Series in Islamic Law, 3).
* Behnam Sadeghi (2013), The Logic of Law Making in Islam: Women and Prayer in the Legal Tradition, Cambridge University Press, Chapter 6, "The Historical Development of Hanafi Reasoning", {{ISBN|978-1107009097}}
* Theory of Hanafi law: ''Kitab Al-Athar'' of Imam Abu Hanifah, Translator: Abdussamad, Editors: Mufti 'Abdur Rahman Ibn Yusuf, Shaykh Muhammad Akram (Oxford Centre of Islamic Studies), {{ISBN|978-0954738013}}
* Hanafi theory of war and taxation: [[Majid Khadduri]] (1966), ''The Islamic Law of Nations: Shaybani's'', Johns Hopkins University Press, {{ISBN|978-0801869754}}
* {{cite book |last=Burak |first=Guy |title=The Second Formation of Islamic Law: The Ḥanafī School in the Early Modern Ottoman Empire |place=Cambridge |publisher=Cambridge University Press |date=2015 |isbn=978-1-107-09027-9}}


=== Mamluk period ===
==External links==
During the 13th and 14th centuries, the [[Mamluk Sultanate]] saw an influx of Hanafi scholars from Anatolia and Central Asia. Discussions of [[Islamic logic]] and ''kalam'' in the Mamluk legal-theoretical (''usul'') literature reflect the influence of Central Asian scholars.{{Sfn|Başoğlu|2023|pp=72–73}}
*[http://www.philtar.ac.uk/encyclopedia/islam/sunni/hana.html Hanafiyya] Bulend Shanay, Lancaster University

*[https://archive.org/stream/KitabAl-siyarAl-saghirtheShorterBookOnMuslimInternationalLawBy/KitabAl-siyarAl-saghirtheShorterBookOnMuslimInternationalLawByMuhammadAl-hasanAl-shaybani#page/n1/mode/2up Kitab al-siyar al-saghir (Summary version of the Hanafi doctrine of War)] Muhammad al-Shaybani, Translator - Mahmood Ghazi
Criticism of the Hanafi approach to hadith prompted Mamluk Hanafi scholars to treat the subject in more detail.{{Sfn|Başoğlu|2023|pp=72–73}} In his commentary ''Fath al-Qadir'', the Mamluk jurist [[Al-Kamal ibn al-Humam|Ibn al-Humam]] ({{Died in|861/1457}}) engages with traditional hadith criticism,{{Sfn|Hanif|2020|p=232}} and attempts to navigate the associated legal consequences.{{Sfn|Hanif|2020|p=281}} His approach to hadith influenced later Egyptian and Syrian Hanafi scholars.{{Sfn|Hanif|2020|p=235}} This "Egyptian school" of Hanafi hadith criticism referenced hadith using the wordings found in the hadith collections and employed the traditionists' terminology to assess their authenticity.{{Sfn|Hanif|2020|p=278}}
*[http://cat.inist.fr/?aModele=afficheN&cpsidt=12160077 The Legal Aspects of Marriage according to Hanafi Fiqh] Islamic Quarterly London, 1985, vol. 29, no. 4, pp.&nbsp;193–219

*[https://archive.org/stream/TheHedayaCommentaryOnIslamicLawsByShyakhBurhanuddinAbuBakrAlMarghinanitranslatorByCharlesHamilton/TheHedaya-CommentaryOnIslamicLaws%20ByShyakhBurhanuddinAbuBakrAlMarghinanitranslatorByCharlesHamilton#page/n1/mode/2up Al-Hedaya], A 12th century compilation of Hanafi fiqh-based religious law, by [[Burhan al-Din al-Marghinani]], Translated by Charles Hamilton
=== Ottoman period ===
*[http://www.tandfonline.com/doi/pdf/10.1080/02634939708400998 Development of family law in Afghanistan: The role of the Hanafi Madhhab] Central Asian Survey, Volume 16, Issue 3, 1997
The [[Ottoman Empire]] adopted the Hanafi school as their official legal school.{{Sfn|Hallaq|2009|p=80}} The Ottomans established an extensive network of ''[[madrasas]]'' to train jurists, with the most prestigious located in [[Constantinople]].{{Sfn|Hallaq|2009|p=55}} Hanafi law co-existed with the [[Qanun (law)|''qanun'']] (dynastic law), decrees and edicts promulgated by the [[List of sultans of the Ottoman Empire|sultans]]. Th''e qanun'' often reaffirmed religious laws; in other cases, it authorised actions that the jurists opposed, such as torture.{{Sfn|Hallaq|2009|p=78}}

By the 16th-century, the [[Seyhülislam|''Şeyḫülislâm'']] emerged as the chief imperial religious and judicial authority.{{Sfn|Burak|2015|p=39}} The sultans influenced the formation of the imperial religious hierarchy by appointing [[Muftis|''muftis'']] directly and through the ''Şeyḫülislâm'', delineating the range of legal opinions in the Ottoman Hanafi tradition.{{Sfn|Burak|2015|pp=62–63}} In the mid-16th century, the ''Şeyḫülislâm'' was granted the authority to admit new texts into the imperial legal canon,{{Sfn|Burak|2015|pp=136–137}} which was studied in the imperial ''madrasas''.{{Sfn|Barak|2015|p=124}} Many jurists from Arab provinces of the empire were critical of the imperial canon, partly because of its inclusion of later works which they judged as contradicting the preferred opinions (''tarjih'') of the school.{{Sfn|Burak|2015|p=157–158}}
[[File:Mecelle-yi ahkâm-i adliye - 1305.pdf|thumb|page=171|A page from the [[Ottoman Turkish]] edition of the ''Mecelle'']]
The ''Maʿrūḍāt'' of the ''Şeyḫülislâm'' [[Ebussuud Efendi]] ({{Died in|982/1574}}), a collection of ''fatwas'' endorsed by [[Suleiman the Magnificent|Suleiman I]], contained sultanic edicts and was frequently referenced in later Hanafi works which considered its opinions binding.{{Sfn|Ayoub|2019|p=66}} Late Hanafis believed that judges could act as deputies of the sultan who could thus regulate, ''inter alia'', the legal opinions judges could reference, such as in the case of inter-school disputes.{{Sfn|Ayoub|2019|pp=92–93}} In the 17th and 18th centuries, Hanafi jurists began to incorporate sultanic edicts into authoritative legal works.{{Sfn|Ayoub|2019|pp=92–93}} The late Hanafis also believed studying legal works without their commentaries to be inadequate.{{Sfn|Ayoub|2019|p=126}}

The [[Radd al-Muhtar|''Radd al-Muhtar'']] of the late Arab-Ottoman jurist [[Ibn Abidin]] ({{Died in|1252/1836}}) is considered an authoritative and representative work of the late Hanafi tradition.{{Sfn|Ayoub|2019|pp=95–96}} It employs legal devices such as necessity (''darura'') to depart from the canonical ''ẓāhir al-riwāya'' where necessary to ensure the continued relevancy of the school, and references sultanic edicts to revise the school's opinions.{{Sfn|Ayoub|2019|p=96}}

Between 1869 and 1877, the Ottomans promulgated the ''[[Mecelle]]'', a [[Codification (law)|codification]] of Hanafi jurisprudence.{{Sfn|Ayoub|2019|p=131}} The ''Mecelle'' was drafted by a committee led by the jurist [[Ahmed Cevdet Pasha]],{{Sfn|Ayoub|2019|p=131}} who had successfully argued against the implementation of the [[Napoleonic Code]].{{Sfn|Hallaq|2009b|p=411}} It drew from the existing Hanafi literature on legal maxims (''qawāʿid fiqhiyya'') and to a great degree favoured the opinions of the late Hanafi tradition.{{Sfn|Ayoub|2019|p=150}} However, the ''Mecelle'' also marked the state's assumption of control over jurisprudence, which had previously been the purview of the decentralized juristic community.{{Sfn|Hallaq|2009b|p=412}}

== Legal theory ==
The legal theory ([[Usul al-fiqh|''usul al-fiqh'']]) of the Hanafi school recognises the following sources of law, listed in order of epistemic authority: the Quran, the practices and sayings of [[Muhammad]] ([[Sunnah|''sunnah'']]) as documented in the [[hadith]], consensus of opinion ([[Ijma|''ijma'']])'', qiyas'', ''istihsan'' and local customs ([[Urf|''urf'']]).{{Sfn|Dudgeon|2022|p=68}} Texts with equal epistemic authority may modify each other; if they are of differing levels, the text with the weaker epistemic authority is rejected in favour of the stronger one.{{Sfn|Hanif|2017|p=50}}

=== Quran ===
The Quran is the primary source of Hanafi law. In Hanafi legal theory, it is considered acceptable to adduce non-canonical Quranic readings ([[Qira'at|''qira'at'']]) related by the [[companions of Muhammad]] as legal evidence, but they are not treated as part of the Quranic text.{{Sfn|Bardakoğlu|1997}} Classical Hanafi jurists are known to have cited the [[Uthmanic codex|non-Uthmanic]] reading of [[Ibn Mas'ud]] but treated it akin to an exegetical gloss.{{Sfn|Harvey|2017|p=89}}

=== Hadith ===
The Hanafis categorise hadith as mass-transmitted (''mutawatir''), famous (''mashhur'') or solitary (''ahad'') depending on the nature of their chain of transmission ([[Isnad|''isnad'']]):{{Sfn|Hanif|2018|pp=90–91}}

* A ''mutawatir'' hadith is transmitted by such a large number of people on each level of its ''isnad'' that it is impossible for it to have been forged.{{Sfn|Hanif|2018|pp=93-94}} It imparts epistemically certain knowledge about the ''sunnah''.{{Sfn|Bardakoğlu|1997}}
* A ''mashhur'' hadith is transmitted by a limited number of people at the first level of its ''isnad'' but was widely acted upon by jurists, beginning with their first generations.{{Sfn|Hanif|2018|pp=94–95}} It imparts epistemically near-certain knowledge about the ''sunnah''.{{Sfn|Bardakoğlu|1997}}
* An ''ahad'' hadith, also known as a "singular report" (''khabar al-wahid''), is one which is neither ''mutawatir'' nor ''mashur''.{{Sfn|Hanif|2020|p=241}}
Only ''mutawatir'' and ''mashhur'' hadith may [[Naskh (tafsir)|abrogate]] a Quranic verse, whether by replacing, qualifying or restricting its understanding.{{Sfn|Hanif|2018|p=93}} An ''ahad'' hadith cannot be adduced in legal discussions of "great importance" as Hanafis assume that God would have ensured the reliable transmission of critical religious knowledge; nor can it be used if its early transmitters did not act upon it, as Hanafis assume that their inaction indicates that it is not part of the ''sunnah''.{{Sfn|Brown|2009|p=154}}

=== ''Ijma'' ===
''Ijma'' refers to the consensus of opinion. ''Ijma'' may be explicit, with all ''[[Mujtahid|mujtahids]]'' agreeing verbally or through actions, or tacit, where some express an opinion while others remain silent. In the Hanafi view, tacit ''ijma'' can only establish a concession (''rukhsah'') rather than a strict rule (''azimah'').{{Sfn|Kamali|2003|pp=248–249}} The Hanafis believe that the companions of Muhammad reached ''ijma'' on some matters, and some Hanafis regard agreement between [[Abu Bakr]] and [[Umar]], the first two [[Rashidun caliphs]], as being ''ijma''.{{Sfn|Bardakoğlu|1997}}

=== ''Qiyas'' ===
''Qiyas'', also referred to analogical reasoning, involves applying a ruling (''hukm'') from an original case (''asl'') to a subsidiary case (''<nowiki/>'far'') where both cases share an effective cause (''<nowiki/>'illah'')''.{{Sfn|Kamali|2003|p=267}}'' For example, because of the prohibition of [[Riba|usury]], it is forbidden to exchange wheat and other commodities for each other unless the transaction is immediate and the amount of both goods are equal. The Hanafis extend this prohibition to apples through ''qiyas'', as they identify the underlying ''<nowiki/>'illah'' as the exchange of a measurable commodity, and apples are measurable.{{Sfn|Kamali|2003|p=284}} The Hanafis view ''qiyas'' as a means of revealing pre-existing implicit rulings within the law, rather than as a source of new rulings.{{Sfn|Bardakoğlu|1997}}

If a ruling derived from ''qiyas'' conflicts with that from an ''ahad'' hadith, the Hanafis disagree on which takes precedence. One group argues that the ''ahad'' hadith always takes precedence, while a second group, led by [[Isa ibn Aban]], opine that an ''ahad'' hadith only takes precedence if its transmitter was known to be a jurist.{{Sfn|Bardakoğlu|1997}} ''Qiyas'' cannot qualify a general Quranic expression (''<nowiki/>'aam'') unless it has already been qualified by a text with the same level of epistemic certainty.{{Sfn|Kamali|2003|p=295}}{{Sfn|Bardakoğlu|1997}}

The Hanafis require the original case to not directly state the ''<nowiki/>'illah''. The ''<nowiki/>'illah'' must be deduced by other means''.''{{Sfn|Kamali|2003|p=267}}{{Sfn|Hanif|2017|p=63}} If the ''<nowiki/>'illah'' is stated, then the ruling is applied to other cases via the "indication of the text" (''dalalat al-nass''), not ''qiyas''.{{Sfn|Hanif|2017|p=63}} ''Dalalat al-nass'' is an exercise in linguistic interpretation rather than analogical reasoning.{{Sfn|Kamali|2003|p=285}}{{Sfn|Hanif|2017|p=48}}

=== ''Istihsan'' ===
''Istihsan'' refers to juristic discretion. The Hanafi jurist al-Sarakhsi describes it as a means through which a jurist can depart from a ruling derived through ''qiyas'' to ameliorate hardship, where the new ruling is typically supported by a superior proof, such as the Quran, ''sunnah'', necessity (''darurah'') or an alternative ''qiyas''.{{Sfn|Kamali|2003|pp=325–327}} For example, by way of necessity, the Hanafi jurists allow a son to buy food or medicine for his ill father from the father's property without his prior permission.{{Sfn|Kamali|2003|p=338}}

''Istihsan'' emerged out of concerns among Hanafis that unrestrained ''qiyas'' could lead to results that were absurd or contradicted the ''sunnah''.{{Sfn|Shahawy|2019|pp=56–57}} The earliest Hanafis, including Abu Hanifa and al-Shaybani, more frequently used ''istihsan'' justified by subjective and pragmatic reasoning rather than on evidential grounds.{{Sfn|Shahawy|2019|p=97}} Their use of ''istihsan'' has been described as a form of "juristic activism" that sought to change the scope or outcome of a ruling due to its potential effects. More often than not, they deployed ''istihsan'' in a way that cannot be considered as ameliorating hardship, such as establishing the liability of a group of thieves involved in theft even if only one of them carried the stolen goods.{{Sfn|Shahawy|2019|pp=99–104}} Subjective ''istihsan'' declined due to attacks from [[al-Shafi'i]], and Hanafi legal theorists would systemise it into the form eventually espoused by al-Sarakhsi,{{Sfn|Shahawy|2019|p=250}} attempting to incorporate elements of subjectivity into the definition of necessity.{{Sfn|Shahawy|2019|p=299}}

=== ''Urf'' ===
''Urf'' refers to customary practices. The Hanafis consider it as an ancillary source of law that is subordinate to the primary sources of law.{{Sfn|Bardakoğlu|1997}} ''Urf'' is divided into two types: general (''al-urf al-'amm'') and special (''al-urf al-khass''). A general ''urf'' refers to a customary practice that is widely accepted among a people regardless of the time period. As part of ''istihsan'', the Hanafis permit favouring general ''urf'' over a ruling derived through ''qiyas''. A special ''urf'' is more local and is upheld by a particular location or profession. Most Hanafis agree that special ''urf'' cannot qualify the general meaning of a textual evidence (''nass''), and that a ruling derived from ''qiyas'' takes precedence over special ''urf'', although there is some disagreement on this.{{Sfn|Kamali|2003|p=377}} [[Ali Bardakoğlu]] suggests that the emphasis given to ''urf'' in Hanafi legal theory can partly explain the spread of the school among disparate non-Arab groups.{{Sfn|Bardakoğlu|1997}}

== See also ==
{{Portal|Islam|
}}
* [[Deobandi movement]]
* [[List of Hanafis]]
* [[List of Sunni books#Hanafi|List of major Hanafi works]]
* [[Maliki school]]
* [[Hanbali school]]
* [[Shafi'i school]]

== References ==

=== Notes ===
<references group="lower-alpha" />

=== Citations ===
<references />

== Bibliography ==

* {{Cite book |last=El Shamsy |first=Ahmed |author-link=Ahmed El Shamsy |title=The Canonization of Islamic Law: A Social and Intellectual History |publisher=Cambridge University Press |year=2013 |isbn=978-1107546073}}
* {{Cite thesis |last=Hanif |first=Sohail |title=A theory of early classical Ḥanafism: Authority, rationality and tradition in the Hidāyah of Burhān al-Dīn ‘Alī ibn Abī Bakr al-Marghīnānī (d. 593/1197) |date=2017 |degree=PhD |publisher=University of Oxford |url=https://ora.ox.ac.uk/objects/uuid:64a8d79a-123a-493c-a864-fb2c48830e7e}}
* {{Cite thesis |last=Younas |first=Salman |title=The Ḥanafī school: a study of its social and legal dimensions, 189/805-340/952 |date=2018 |degree=PhD |publisher=University of Oxford |url=https://ora.ox.ac.uk/objects/uuid:f4d1e057-923f-4c10-957d-cea76a318347}}
* {{Cite book |last=Sadeghi |first=Behnam |author-link=Behnam Sadeghi |title=The Logic of Law Making in Islam: Women and Prayer in the Legal Tradition |publisher=Cambridge University Press |year=2013 |isbn=9780511920509}}
* {{Cite book |last=Tsafrir |first=Nurit |title=The History of an Islamic School of Law: The Early Spread of Hanafism |publisher=Harvard University Press |year=2004 |isbn=0674014561}}
* {{Cite thesis |last=Shahawy |first=Hassaan |title=How subjectivity became wrong: early Hanafism and the scandal of Istihsan in the formative period of Islamic law (750–1000 CE) |date=2019 |degree=PhD |publisher=University of Oxford |url=https://ora.ox.ac.uk/objects/uuid:2f210f1e-a598-455f-a2cc-853ad402a35b}}
* {{Cite book |last=Ayoub |first=Samy A. |title=Law, Empire, and the Sultan: Ottoman Imperial Authority and Late Hanafi Jurisprudence |publisher=Oxford University Press |year=2019 |isbn=9780190092924}}
* {{Cite book |last=Burak |first=Guy |title=The Second Formation of Islamic Law: The Hanafi School in the Early Modern Ottoman Empire |publisher=Cambridge University Press |year=2015 |isbn=9781316106341}}
* {{Cite encyclopedia |title=HANEFÎ MEZHEBİ |encyclopedia=[[İslâm Ansiklopedisi|TDV İslâm Ansiklopedisi]] |publisher=TDV İslâm Araştırmaları Merkezi |url=https://islamansiklopedisi.org.tr/hanefi-mezhebi |last=Bardakoğlu |first=Ali |author-link=Ali Bardakoğlu |publication-date=1997}}
* {{Cite encyclopedia |year=1997 |title=HANEFÎ MEZHEBİ - LİTERATÜR |encyclopedia=[[TDV İslâm Ansiklopedisi]] |publisher=TDV İslâm Araştırmaları Merkezi |url=https://islamansiklopedisi.org.tr/hanefi-mezhebi#2-literatur |last=Özel |first=Ahmet}}
* {{Cite encyclopedia |year=1994 |title=EBÛ HANÎFE |encyclopedia=[[TDV İslâm Ansiklopedisi]] |publisher=TDV İslâm Araştırmaları Merkezi |url=https://islamansiklopedisi.org.tr/ebu-hanife |last=Uzunpostalcı |first=Mustafa}}
* {{Cite book |last=Hallaq |first=Wael B. |author-link=Wael Hallaq |title=A History of Islamic Legal Theories: An introduction to Sunnī uṣūl al-fiqh |publisher=Cambridge University Press |year=1997}}
* {{Cite book |last=Hallaq |first=Wael B. |author-link=Wael Hallaq |title=The Origins and Evolution of Islamic Law |publisher=Cambridge University Press |year=2005 |isbn=978-0-521-80332-8}}
* {{Cite book |last=Hallaq |first=Wael B. |author-link=Wael Hallaq |title=An Introduction to Islamic Law |publisher=Cambridge University Press |year=2009}}
* {{Cite book |last=Hallaq |first=Wael B. |author-link=Wael Hallaq |title=Sharī'a: Theory, Practice, Transformations |publisher=Cambridge University Press |year=2009b |isbn=978-0-521-67874-2}}
* {{Cite chapter |last=Dudgeon |first=Hamza |title=Routledge Handbook of Islamic Ritual and Practice |publisher=Routledge |year=2022 |isbn=9780367491246 |editor-last=Leaman |editor-first=Oliver |pages=65-89 |chapter=The Hanafis}}
* {{Cite book |last=Hanif |first=Sohail |title=Locating the Sharia: Legal Fluidity in Theory, History and Practice |publisher=Brill |year=2018 |isbn=978-90-04-37710-3 |pages=89-110 |chapter=Al-Ḥadīth al-Mashhūr: A Ḥanafī Reference to Kufan Practice}}
* {{Cite conference |last=Hanif |first=Sohail |date=2020 |title=Hadith and Fiqh in the Ottoman Period Between Egyptian and Rumelian Ḥanafīs, 9th–11th Centuries A.H. |url=https://sohailhanif.co.uk/hadith-and-fiqh-in-the-ottoman-period/ |conference=Osmanlı’da İlm-i Hadis, Istanbul |pages=229–285}}
* {{Cite paper |last=Harvey |first=Ramon |year=2017 |title=The Legal Epistemology of Qur'anic Variants: The Readings of Ibn Masʿūd in Kufan "fiqh" and the Ḥanafī "madhhab" |url=https://www.jstor.org/stable/45211304 |journal=[[Journal of Qur'anic Studies]] |volume=19 |issue=1 |pages=72–101 }}
* {{Cite book |last=Brown |first=Jonathan A.C. |author-link=Jonathan A. C. Brown |title=Hadith: Muhammad's Legacy in the Medieval and Modern World |publisher=[[Oneworld Publications|OneWorld Publications]] |year=2009 |isbn=978-1-85168-663-6 |location=Oxford}}
* {{Cite book |last=Kamali |first=Mohammad Hashim |author-link=Mohammad Hashim Kamali |title=Principles of Islamic Jurisprudence |publisher=Islamic Texts Society |year=2003 |isbn=9780946621828 |location=Cambridge |publication-date=2003}}''<nowiki/>''
* {{Encyclopædia Iranica|volume=11|fascicle=6|article=HANAFITE MAḎHAB|first=Merlin|last=Swartz|author-link=Merlin Swartz|url=https://www.iranicaonline.org/articles/hanafite-madhab/|pages=651–653}}''<nowiki/>''
* {{Cite book |last=Harvey |first=Ramon |title=Transcendent God, Rational World: A Maturidi Theology |publisher=Edinburgh University Press |year=2021 |isbn=9781474451642}}''<nowiki/>''
* {{Cite journal |last=Younas |first=Salman |year=2022 |title=Authority in the Classical Ḥanafī School: the Emergence & Evolution of Ẓāhir al-Riwāya |journal=Islamic Law and Society |volume=29}}''<nowiki/>''
* {{Cite encyclopedia |year=2021 |title=al-Kāsānī, ʿAlāʾ al-Dīn |encyclopedia=[[Encyclopaedia of Islam|Encyclopaedia of Islam Three]] |publisher=Brill |last=Hanif |first=Sohail}}''<nowiki/>''
* {{Cite journal |last=Madelung |first=Wilferd |author-link=Wilferd Madelung |year=2002 |title=The Westward Migration of Hanafī Scholars from Central Asia in the 11th to 13th Centuries |journal=Ankara Üniversitesi İlahiyat Fakültesi Dergisi |volume=43 |issue=2}}''<nowiki/>''
* {{Cite journal |last=Madelung |first=Wilferd |author-link=Wilferd Madelung |year=1982 |title=The early Murji'a in Khurāsān and Transoxania and the spread of Ḥanafism |url=https://doi.org/10.1515/islm.1982.59.1.32 |journal=Der Islam |volume=59 |issue=1}}''<nowiki/>''
* {{Cite book |url=https://www.oxfordreference.com/display/10.1093/oi/authority.20110803095918885 |title=The Oxford Dictionary of Islam |year=2003 |isbn=9780195125580 |editor-last=Esposito |editor-first=John L. |chapter=Hanafi School of Law}}''<nowiki/>''
* {{Cite encyclopedia |year=2012 |title=al-Fatāwā l-ʿĀlamgīriyya |encyclopedia=[[Encyclopaedia of Islam|Encyclopaedia of Islam Three]] |publisher=Brill |last=Khalfaoui |first=Mouez}}''<nowiki/>''
* {{Cite journal |last=Melchert |first=Christopher |year=2001 |title=Traditionist-Jurisprudents and the Framing of Islamic Law |url=https://www.jstor.org/stable/3399450 |journal=Islamic Law and Society |volume=8 |issue=3 |via=JSTOR}}''<nowiki/>''
* {{Cite journal |last=Zysow |first=Aaron |year=2002 |editor-last=Weiss |editor-first=Bernard |title=Muʿtazilism and Māturīdism in Ḥanafī Legal Theory |journal=Studies in Islamic Law and Society |volume=15}}''<nowiki/>''
* {{Cite encyclopedia |year=2007 |title=Abū Ḥanīfa |encyclopedia=[[Encyclopaedia of Islam|Encyclopaedia of Islam Three]] |publisher=Brill |last=Yanagihashi |first=Hiroyuki}}''<nowiki/>''
* {{Cite book |last=Başoğlu |first=Hasan Tuncay |url=https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/9F99A413DDD944A6BF7E01CEEFC1D9E3 |title=Tradition of Knowledge in the Mamluk Period (13th-14th Centuries) |publisher=Istanbul University Press |year=2023 |isbn=978-605-07-1751-8 |editor-last=Hançabay |editor-first=Halil İbrahim |chapter=Hanafi Usūl Literature in Mamluk Period |doi=10.26650/B/AA07AA25.2023.010 |editor-last2=Buluş |editor-first2=Muhammed Enes |editor-last3=Taş |editor-first3=Mustafa}}''<nowiki/>''

== Further reading ==
* Branon Wheeler, [https://books.google.com/books?id=slLpouSlzPcC ''Applying the Canon in Islam: The Authorization and Maintenance of Interpretive Reasoning in Ḥanafī Scholarship''] (Albany, SUNY Press, 1996).
* Dudgeon, Hamza (2022). "[https://www.academia.edu/73576195/The_Hanafis The Hanafis]". In Leaman, Oliver (ed.). ''Routledge Handbook of Islamic Ritual and Practice''. Routledge. pp. 65–89. {{ISBN|9780367491246}}.
* Behnam Sadeghi (2013), The Logic of Law Making in Islam: Women and Prayer in the Legal Tradition, Cambridge University Press, Chapter 6, "The Historical Development of Hanafi Reasoning". {{ISBN|978-1107009097}}
* Nurit Tsafrir (2004), ''The History of an Islamic School of Law: The Early Spread of Hanafism'' (Harvard, Harvard Law School, 2004) (Harvard Series in Islamic Law, 3).
* El Shamsy, Ahmed (2013). ''The Canonization of Islamic Law: A Social and Intellectual History''. Cambridge University Press. {{ISBN|978-1107546073}}.
* Ayoub, Samy A. (2019). ''Law, Empire, and the Sultan: Ottoman Imperial Authority and Late Hanafi Jurisprudence''. Oxford University Press. {{ISBN|9780190092924}}.
* Burak, Guy (2015). ''The Second Formation of Islamic Law: The Hanafi School in the Early Modern Ottoman Empire''. Cambridge University Press. {{ISBN|9781316106341}}.

== External links ==
* [https://irshad.org.uk/library/ A list of Hanafi texts available in the public domain]


{{Hanafi scholars}}
{{Hanafi scholars}}
{{Islamic theology |state=collapsed}}
{{Islam topics}}
{{Authority control}}
{{Authority control}}


Latest revision as of 01:16, 30 December 2024

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The Hanafi school[a] or Hanafism is one of the four major schools of Islamic jurisprudence within Sunni Islam. It developed from the teachings of the jurist and theologian Abu Hanifa (c. 699–767 CE), who emphasised and systemised the use of reasoning (ra'y). Hanafi legal theory primarily derives law from the Quran, the sayings and practices of Muhammad (sunnah), scholarly consensus (ijma) and analogical reasoning (qiyas), but also privileges juristic discretion (istihsan) and local customs (urf).

The school spread throughout the Muslim world under the patronage of various Islamic empires, including the Abbasids and Seljuks. Transoxiana emerged as a centre of classical Hanafi scholarship between the 10th and 12th centuries, which gave rise to the Maturidi school of theology. The Ottoman Empire adopted Hanafism as its official school of law and influenced the legal thought of the school.

Followers of the Hanafi school are called Hanafis, who are estimated to comprise one third of all Muslims.[1] It is the largest Islamic legal school and is predominant in the Indian subcontinent, Turkey and much of the Levant.[1][2]

History

[edit]

The Hanafi school emerged from the legal tradition of Kufa in Iraq, in which its eponym Abu Hanifa (d. 150/767) resided.[3] Iraqi jurists were known for their use of independent reasoning (ra'y) in deriving law.[4] Kufa, alongside Medina and Basra, was a centre of legal activity at the beginning of the second Hijri century. Its prominent jurists included Amir al-Sha'bi, Ibrahim al-Nakha'i and Hammad ibn Abi Sulayman.[5] The opinions of Abu Hanifa and the earlier Kufan jurists closely correspond,[6] particularly those of al-Nakha'i.[7] Abu Hanifa's legal doctrine, as conveyed to his students, was predominantly derived from his own instructors, chiefly Hammad and al-Nakha'i.[8]

Formative period

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The Abu Hanifa Mosque in Baghdad, which houses the tomb of Abu Hanifa

Abu Hanifa and his students were responsible for systemising the use of ra'y,[4] of which Abu Hanifa was its "unrivalled master".[9] According to his contemporary Shu'bah, Abu Hanifa was the "most systematic jurist of his time".[10] There is no record of legal treatises authored by Abu Hanifa. His teachings were transmitted by his disciples Abu Yusuf (d. 182/798) and Muhammad al-Shaybani (d. 189/804), the last of whom was the most prolific.[11] Later Hanafis termed the corpus of al-Shaybani as the "ẓāhir al-riwāya" and ascribed it an authoritative status.[12]

The students of Abu Hanifa established study circles in Baghdad, an emerging hub of cultural activity and the seat of the Abbasid Caliphate.[13] The school won the support of the centralising Abbasid state, which sought to unify the legal system.[14] The Abbasids' preference for appointing Hanafi judges assisted in the spread of the school. Abu Yusuf served as a judge in Baghdad; the Abbasid caliph Harun al-Rashid (r. 786–809) later appointed him as the chief judge. By the time of al-Shaybani's death, the school had established itself in Egypt and Balkh in Tokharistan.[13]

Early Hanafis were distinct in their use of analogical reasoning (qiyas) and adherence to analogical consistency,[15] and employed juristic discretion (istihsan) to depart from analogical reasoning when deemed appropriate.[16] Iraqi ra'y dialectics involved the interlocutors exploring a series of hypothetical legal cases to delineate the limits of legal norms.[17] In practice, it led Hanafis to favour widely accepted hadith, particularly those which enshrined general principles that were applicable to other cases.[18] The widespread collection of hadith led to the circulation of many reports that were unknown to the Hanafis. In response, they prioritised those known to the Iraqi legal tradition.[19] Abu Yusuf and al-Shaybani separately authored works named Kitab al-Athar (lit. 'Book of Traditions'), which sought to ground Hanafi teachings in the precedent of the early Kufan jurists and the Kufan companions of Muhammad, notably Abd Allah ibn Mas'ud and Ali.[20] Abu Hanifa himself is known to have used hadith; in Abu Yusuf's Ikhtilāf Abī Ḥanīfa wa-Ibn Abī Laylā, which lists cases where Abu Hanifa differed with his contemporary Ibn Abi Layla, Abu Hanifa is quoted as citing a hadith in around 10% of the cases presented, but cites narrations attributed to Muhammad's companions more often.[21]

In contemporary external sources, members of the nascent school were described as the aṣḥāb abī ḥanīfa ("companions of Abu Hanifa") and the aṣḥāb al-ra’y ("companions of ra'y").[22] Early Hanafi doctrine was attacked by the traditionists[b], who accused Hanafis of preferring their ra'y to hadith.[23] The identification of Hanafis with the aṣḥāb al-ra’y in contradistinction to the traditionist aṣḥāb al-ḥadīth strengthened during the resurgence of the latter following the Mihna.[24] Al-Shafi'i (d. 150/767), too, critiqued the Hanafis' treatment of hadith and their claim that their positions reflected those of the Kufan companions of Muhammad.[25] He further argued that istihsan was subjective, which later led to classical Hanafi legal theorists articulating it as being completely dependent on the primary sources of law.[26]

Classical period

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Cover of a 15th-century manuscript of a Hanafi legal work based on al-Quduri's mukhtasar

During the 9th-century, the Hanafi school transitioned from a "personal school" centered around individual jurists and their study circles to a distinct legal community with a collectively-recognised doctrine and set of authoritative figures.[27] By the end of the century, the school resembled a professional body with a doctrine that was systematically transmitted from teachers to students, maturing into its classical form.[28] Al-Quduri (d. 428/1036–37)'s mukhtasar was the classical school's first work of the genre and the most authoritative after that of al-Shaybani.[29]

Some Hanafis moved towards using the traditionists' method of hadith criticism to justify the school's positions, such as the Egyptian jurist al-Tahawi (d. 321/933).[30] Nevertheless, the classical legal theorists focused on formulating a Hanafi approach to hadith criticism that emphasised a hadith's acceptance by early jurists, with narrator analysis taking a secondary role.[31]

Over the 9th-century, the Hanafi school also emerged as the prevailing school in Transoxiana and Tokharistan.[32] The school was introduced to Transoxiana by the students of Abu Hanifa and al-Shaybani, but became prevalent under the Samanids, during whose rule Hanafi scholars received official favour.[33] The Transoxianan Hanafi tradition was highly influential in defining the doctrine of the later school.[34] Works authored by Transoxianan jurists and accorded a high status in later Hanafi tradition include:

In the 10th-century, the Hanafi theologian Abu Mansur al-Maturidi (d. 333/944) developed a kalam tradition that crystallised into the Maturidi school of theology,[39] which had descended directly from the theological views of the earliest Hanafis.[40] Due to philosophical differences, the Transoxianan Maturidis disagreed with the Mu'tazilite strain of Iraqi Hanafis on several technical points of legal theory, but saw limited success in expunging the Mu'tazilite influence.[41]

The Oghuz Turks who founded the Seljuk Empire became attached to the Transoxianan Hanafi tradition. The Seljuks favoured the eastern Hanafis and appointed them to various official positions in their new territories, encouraging their migration out of Central Asia.[42] During the Seljuk expansion of the 11th and 12th centuries, the Hanafi and Maturidi schools spread westward into Syria, Anatolia and western Persia.[11] Hanafi migration out of Central Asia accelerated during the Mongol invasions, which ravaged the region.[42]

Indian subcontinent

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William Jones' manuscript of the al-Fatāwā l-ʿĀlamgīriyya

The Hanafi school spread to India from Transoxiana and eastern Persia.[11] To consolidate control over his realm, the Mughal emperor Aurangzeb (r. 1658–1707) ordered the compilation of Hanafi fatwas. Completed between 1664 and 1672, the resulting al-Fatāwā l-ʿĀlamgīriyya selected legal opinions from earlier Hanafi legal works and is modelled after the Hidayah of al-Marghinani.[43]

During the colonization of India, the juristic disagreements intrinsic to Islamic jurisprudence disturbed the East India Company, who sought to create a "complete digest of Hindu and Mussulman law". The resulting Anglo-Muhammadan law was based in part on a translation of al-Marghinani's Hidayah, which was chosen for its brevity and its belonging to the Hanafi school, which most Indian Muslims followed. The project effectively codified the Hidayah, severing it from the Hanafi commentarial tradition under which it was traditionally interpreted.[44]

Mamluk period

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During the 13th and 14th centuries, the Mamluk Sultanate saw an influx of Hanafi scholars from Anatolia and Central Asia. Discussions of Islamic logic and kalam in the Mamluk legal-theoretical (usul) literature reflect the influence of Central Asian scholars.[45]

Criticism of the Hanafi approach to hadith prompted Mamluk Hanafi scholars to treat the subject in more detail.[45] In his commentary Fath al-Qadir, the Mamluk jurist Ibn al-Humam (d. 861/1457) engages with traditional hadith criticism,[46] and attempts to navigate the associated legal consequences.[47] His approach to hadith influenced later Egyptian and Syrian Hanafi scholars.[36] This "Egyptian school" of Hanafi hadith criticism referenced hadith using the wordings found in the hadith collections and employed the traditionists' terminology to assess their authenticity.[48]

Ottoman period

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The Ottoman Empire adopted the Hanafi school as their official legal school.[49] The Ottomans established an extensive network of madrasas to train jurists, with the most prestigious located in Constantinople.[50] Hanafi law co-existed with the qanun (dynastic law), decrees and edicts promulgated by the sultans. The qanun often reaffirmed religious laws; in other cases, it authorised actions that the jurists opposed, such as torture.[51]

By the 16th-century, the Şeyḫülislâm emerged as the chief imperial religious and judicial authority.[52] The sultans influenced the formation of the imperial religious hierarchy by appointing muftis directly and through the Şeyḫülislâm, delineating the range of legal opinions in the Ottoman Hanafi tradition.[53] In the mid-16th century, the Şeyḫülislâm was granted the authority to admit new texts into the imperial legal canon,[54] which was studied in the imperial madrasas.[55] Many jurists from Arab provinces of the empire were critical of the imperial canon, partly because of its inclusion of later works which they judged as contradicting the preferred opinions (tarjih) of the school.[56]

A page from the Ottoman Turkish edition of the Mecelle

The Maʿrūḍāt of the Şeyḫülislâm Ebussuud Efendi (d. 982/1574), a collection of fatwas endorsed by Suleiman I, contained sultanic edicts and was frequently referenced in later Hanafi works which considered its opinions binding.[57] Late Hanafis believed that judges could act as deputies of the sultan who could thus regulate, inter alia, the legal opinions judges could reference, such as in the case of inter-school disputes.[58] In the 17th and 18th centuries, Hanafi jurists began to incorporate sultanic edicts into authoritative legal works.[58] The late Hanafis also believed studying legal works without their commentaries to be inadequate.[59]

The Radd al-Muhtar of the late Arab-Ottoman jurist Ibn Abidin (d. 1252/1836) is considered an authoritative and representative work of the late Hanafi tradition.[60] It employs legal devices such as necessity (darura) to depart from the canonical ẓāhir al-riwāya where necessary to ensure the continued relevancy of the school, and references sultanic edicts to revise the school's opinions.[61]

Between 1869 and 1877, the Ottomans promulgated the Mecelle, a codification of Hanafi jurisprudence.[62] The Mecelle was drafted by a committee led by the jurist Ahmed Cevdet Pasha,[62] who had successfully argued against the implementation of the Napoleonic Code.[63] It drew from the existing Hanafi literature on legal maxims (qawāʿid fiqhiyya) and to a great degree favoured the opinions of the late Hanafi tradition.[64] However, the Mecelle also marked the state's assumption of control over jurisprudence, which had previously been the purview of the decentralized juristic community.[65]

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The legal theory (usul al-fiqh) of the Hanafi school recognises the following sources of law, listed in order of epistemic authority: the Quran, the practices and sayings of Muhammad (sunnah) as documented in the hadith, consensus of opinion (ijma), qiyas, istihsan and local customs (urf).[66] Texts with equal epistemic authority may modify each other; if they are of differing levels, the text with the weaker epistemic authority is rejected in favour of the stronger one.[67]

Quran

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The Quran is the primary source of Hanafi law. In Hanafi legal theory, it is considered acceptable to adduce non-canonical Quranic readings (qira'at) related by the companions of Muhammad as legal evidence, but they are not treated as part of the Quranic text.[4] Classical Hanafi jurists are known to have cited the non-Uthmanic reading of Ibn Mas'ud but treated it akin to an exegetical gloss.[68]

Hadith

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The Hanafis categorise hadith as mass-transmitted (mutawatir), famous (mashhur) or solitary (ahad) depending on the nature of their chain of transmission (isnad):[69]

  • A mutawatir hadith is transmitted by such a large number of people on each level of its isnad that it is impossible for it to have been forged.[70] It imparts epistemically certain knowledge about the sunnah.[4]
  • A mashhur hadith is transmitted by a limited number of people at the first level of its isnad but was widely acted upon by jurists, beginning with their first generations.[71] It imparts epistemically near-certain knowledge about the sunnah.[4]
  • An ahad hadith, also known as a "singular report" (khabar al-wahid), is one which is neither mutawatir nor mashur.[72]

Only mutawatir and mashhur hadith may abrogate a Quranic verse, whether by replacing, qualifying or restricting its understanding.[73] An ahad hadith cannot be adduced in legal discussions of "great importance" as Hanafis assume that God would have ensured the reliable transmission of critical religious knowledge; nor can it be used if its early transmitters did not act upon it, as Hanafis assume that their inaction indicates that it is not part of the sunnah.[74]

Ijma

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Ijma refers to the consensus of opinion. Ijma may be explicit, with all mujtahids agreeing verbally or through actions, or tacit, where some express an opinion while others remain silent. In the Hanafi view, tacit ijma can only establish a concession (rukhsah) rather than a strict rule (azimah).[75] The Hanafis believe that the companions of Muhammad reached ijma on some matters, and some Hanafis regard agreement between Abu Bakr and Umar, the first two Rashidun caliphs, as being ijma.[4]

Qiyas

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Qiyas, also referred to analogical reasoning, involves applying a ruling (hukm) from an original case (asl) to a subsidiary case ('far) where both cases share an effective cause ('illah).[76] For example, because of the prohibition of usury, it is forbidden to exchange wheat and other commodities for each other unless the transaction is immediate and the amount of both goods are equal. The Hanafis extend this prohibition to apples through qiyas, as they identify the underlying 'illah as the exchange of a measurable commodity, and apples are measurable.[77] The Hanafis view qiyas as a means of revealing pre-existing implicit rulings within the law, rather than as a source of new rulings.[4]

If a ruling derived from qiyas conflicts with that from an ahad hadith, the Hanafis disagree on which takes precedence. One group argues that the ahad hadith always takes precedence, while a second group, led by Isa ibn Aban, opine that an ahad hadith only takes precedence if its transmitter was known to be a jurist.[4] Qiyas cannot qualify a general Quranic expression ('aam) unless it has already been qualified by a text with the same level of epistemic certainty.[78][4]

The Hanafis require the original case to not directly state the 'illah. The 'illah must be deduced by other means.[76][79] If the 'illah is stated, then the ruling is applied to other cases via the "indication of the text" (dalalat al-nass), not qiyas.[79] Dalalat al-nass is an exercise in linguistic interpretation rather than analogical reasoning.[80][81]

Istihsan

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Istihsan refers to juristic discretion. The Hanafi jurist al-Sarakhsi describes it as a means through which a jurist can depart from a ruling derived through qiyas to ameliorate hardship, where the new ruling is typically supported by a superior proof, such as the Quran, sunnah, necessity (darurah) or an alternative qiyas.[82] For example, by way of necessity, the Hanafi jurists allow a son to buy food or medicine for his ill father from the father's property without his prior permission.[83]

Istihsan emerged out of concerns among Hanafis that unrestrained qiyas could lead to results that were absurd or contradicted the sunnah.[84] The earliest Hanafis, including Abu Hanifa and al-Shaybani, more frequently used istihsan justified by subjective and pragmatic reasoning rather than on evidential grounds.[16] Their use of istihsan has been described as a form of "juristic activism" that sought to change the scope or outcome of a ruling due to its potential effects. More often than not, they deployed istihsan in a way that cannot be considered as ameliorating hardship, such as establishing the liability of a group of thieves involved in theft even if only one of them carried the stolen goods.[85] Subjective istihsan declined due to attacks from al-Shafi'i, and Hanafi legal theorists would systemise it into the form eventually espoused by al-Sarakhsi,[26] attempting to incorporate elements of subjectivity into the definition of necessity.[86]

Urf

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Urf refers to customary practices. The Hanafis consider it as an ancillary source of law that is subordinate to the primary sources of law.[4] Urf is divided into two types: general (al-urf al-'amm) and special (al-urf al-khass). A general urf refers to a customary practice that is widely accepted among a people regardless of the time period. As part of istihsan, the Hanafis permit favouring general urf over a ruling derived through qiyas. A special urf is more local and is upheld by a particular location or profession. Most Hanafis agree that special urf cannot qualify the general meaning of a textual evidence (nass), and that a ruling derived from qiyas takes precedence over special urf, although there is some disagreement on this.[87] Ali Bardakoğlu suggests that the emphasis given to urf in Hanafi legal theory can partly explain the spread of the school among disparate non-Arab groups.[4]

See also

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References

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Notes

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  1. ^ Arabic: ٱلْمَذْهَب ٱلْحَنَفِيّ, romanized: al-madhhab al-ḥanafī
  2. ^ Also referred to as the aṣḥāb al-ḥadīth or ahl al-hadith.

Citations

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  1. ^ a b Esposito 2003.
  2. ^ Hallaq 2009, p. 37.
  3. ^ Younas 2018, p. 18.
  4. ^ a b c d e f g h i j k Bardakoğlu 1997.
  5. ^ Hallaq 2005, pp. 64–65.
  6. ^ Hanif 2018, p. 90.
  7. ^ Sadeghi 2013, p. 128.
  8. ^ Hallaq 2005, p. 154.
  9. ^ El Shamsy 2013, p. 45.
  10. ^ Shahawy 2019, p. 21.
  11. ^ a b c Swartz 2003.
  12. ^ Younas 2022, p. 59.
  13. ^ a b Younas 2018, pp. 26–28.
  14. ^ Tsafrir 2004, p. 17.
  15. ^ Shahawy 2019, p. 21-23.
  16. ^ a b Shahawy 2019, p. 97.
  17. ^ El Shamsy 2013, pp. 24–25.
  18. ^ El Shamsy 2013, p. 27.
  19. ^ El Shamsy 2013, pp. 52–53.
  20. ^ El Shamsy 2013, pp. 47–48.
  21. ^ Yanagihashi 2007.
  22. ^ Younas 2017, p. 48–51.
  23. ^ Sadeghi 2013, pp. 130–131.
  24. ^ Younas 2017, p. 64.
  25. ^ El-Shamsy 2013, p. 47-49.
  26. ^ a b Shahawy 2019, p. 250.
  27. ^ Younas 2018, p. 31.
  28. ^ Younas 2018, pp. 131–133.
  29. ^ Hanif 2017, p. 144.
  30. ^ Melchert 2001, pp. 397–398.
  31. ^ Hanif 2017, p. 49–52.
  32. ^ Younas 2018, p. 28.
  33. ^ Madelung 1982, p. 39.
  34. ^ Hanif 2017, p. 8.
  35. ^ Hanif 2020, p. 231.
  36. ^ a b Hanif 2020, p. 235.
  37. ^ Hanif 2017, pp. 1–2.
  38. ^ Hanif 2021.
  39. ^ Harvey 2021, p. 4-5.
  40. ^ Harvey 2021, pp. 30–31.
  41. ^ Zysow 2002, p. 264.
  42. ^ a b Madelung 2002, p. 43.
  43. ^ Khalfaoui 2012.
  44. ^ Hallaq 2009b, pp. 373–375.
  45. ^ a b Başoğlu 2023, pp. 72–73.
  46. ^ Hanif 2020, p. 232.
  47. ^ Hanif 2020, p. 281.
  48. ^ Hanif 2020, p. 278.
  49. ^ Hallaq 2009, p. 80.
  50. ^ Hallaq 2009, p. 55.
  51. ^ Hallaq 2009, p. 78.
  52. ^ Burak 2015, p. 39.
  53. ^ Burak 2015, pp. 62–63.
  54. ^ Burak 2015, pp. 136–137.
  55. ^ Barak 2015, p. 124.
  56. ^ Burak 2015, p. 157–158.
  57. ^ Ayoub 2019, p. 66.
  58. ^ a b Ayoub 2019, pp. 92–93.
  59. ^ Ayoub 2019, p. 126.
  60. ^ Ayoub 2019, pp. 95–96.
  61. ^ Ayoub 2019, p. 96.
  62. ^ a b Ayoub 2019, p. 131.
  63. ^ Hallaq 2009b, p. 411.
  64. ^ Ayoub 2019, p. 150.
  65. ^ Hallaq 2009b, p. 412.
  66. ^ Dudgeon 2022, p. 68.
  67. ^ Hanif 2017, p. 50.
  68. ^ Harvey 2017, p. 89.
  69. ^ Hanif 2018, pp. 90–91.
  70. ^ Hanif 2018, pp. 93–94.
  71. ^ Hanif 2018, pp. 94–95.
  72. ^ Hanif 2020, p. 241.
  73. ^ Hanif 2018, p. 93.
  74. ^ Brown 2009, p. 154.
  75. ^ Kamali 2003, pp. 248–249.
  76. ^ a b Kamali 2003, p. 267.
  77. ^ Kamali 2003, p. 284.
  78. ^ Kamali 2003, p. 295.
  79. ^ a b Hanif 2017, p. 63.
  80. ^ Kamali 2003, p. 285.
  81. ^ Hanif 2017, p. 48.
  82. ^ Kamali 2003, pp. 325–327.
  83. ^ Kamali 2003, p. 338.
  84. ^ Shahawy 2019, pp. 56–57.
  85. ^ Shahawy 2019, pp. 99–104.
  86. ^ Shahawy 2019, p. 299.
  87. ^ Kamali 2003, p. 377.

Bibliography

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Further reading

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  • Branon Wheeler, Applying the Canon in Islam: The Authorization and Maintenance of Interpretive Reasoning in Ḥanafī Scholarship (Albany, SUNY Press, 1996).
  • Dudgeon, Hamza (2022). "The Hanafis". In Leaman, Oliver (ed.). Routledge Handbook of Islamic Ritual and Practice. Routledge. pp. 65–89. ISBN 9780367491246.
  • Behnam Sadeghi (2013), The Logic of Law Making in Islam: Women and Prayer in the Legal Tradition, Cambridge University Press, Chapter 6, "The Historical Development of Hanafi Reasoning". ISBN 978-1107009097
  • Nurit Tsafrir (2004), The History of an Islamic School of Law: The Early Spread of Hanafism (Harvard, Harvard Law School, 2004) (Harvard Series in Islamic Law, 3).
  • El Shamsy, Ahmed (2013). The Canonization of Islamic Law: A Social and Intellectual History. Cambridge University Press. ISBN 978-1107546073.
  • Ayoub, Samy A. (2019). Law, Empire, and the Sultan: Ottoman Imperial Authority and Late Hanafi Jurisprudence. Oxford University Press. ISBN 9780190092924.
  • Burak, Guy (2015). The Second Formation of Islamic Law: The Hanafi School in the Early Modern Ottoman Empire. Cambridge University Press. ISBN 9781316106341.
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