We hope that you could give us a brief overview of Imam Abu Haneefah and his madhhab, because I hear some people criticizing this madhhab because he relies too much on qiyaas (analogy) and ra’y (opinion).
Imam Abu Haneefah is the great faqeeh and scholar of Iraq,
Abu Haneefah al-Nu’maan ibn Thaabit al-Taymi al-Kufi. He was born in the
year 80 AH, during the lifetime of some of the younger Sahaabah and saw Anas
ibn Maalik when he came to them in Kufa. He narrated from ‘Ata’ ibn Abi
Rabaah, who was his greatest Shaykh, and from al-Shu’bi and many others.
He was concerned with seeking reports and he traveled for
that purpose. With regard to fiqh and examining and analyzing reports, he
was the ultimate and people depended on him in that, as Imam al-Dhahabi
said: “It would take two volumes to tell the story of his life, may Allaah
be pleased with him and have mercy on him.”
He was an imam who was eloquent and well spoken. His student
Abu Yoosuf described him as follows: “He was the most well-spoken of the
people and the most clear in expressing himself. He was pious and very
protective with regard to transgression of the sacred limits of Allaah. He
was offered worldly gains and a great deal of wealth, but he turned his back
on it. He was whipped to force him to accept the position of judge or
controller of the bayt al-maal (treasury of the Islamic state) but he
refused.
Many people narrated reports from him, and he died as a
martyr of dropsy in 150 AH at the age of seventy. (Siyar A’laam
al-Nubala’, 6/390-403; Usool al-Deen ‘inda al-Imam Abu Haneefah,
p. 63).
The Hanafi madhhab is one of the four well-known madhhabs,
and it was the first of the fiqhi madhhabs. It was said that “The people are
dependent on Abu Haneefah with regard to fiqh.” The origin of the Hanafi
madhhab and all the other madhhabs is that these four imams – I mean Abu
Haneefah, Maalik, al-Shaafa’i and Ahmad – made the effort to understand the
evidence of the Qur’aan and Sunnah, and they issued fatwas to people based
on the evidence that had reached them. Then the followers of these imams
took their fatwas and conveyed them and issued other fatwas based on them,
and derived principles from them, and they set out guidelines for
understanding the texts and reaching conclusions. Thus the fiqhi madhhab was
formed, and the Hanafi, Shaafa’i, Maaliki and Hanbali madhhabs, and other
madhhabs such as those of al-Awzaa’i and Sufyaan, but these latter madhhabs
were not destined to continue.
As you can see, what these schools of fiqh are based on is
following the Qur’aan and Sunnah.
With regard to the ra’y and qiyaas adopted by Imam Abu
Haneefah, what this means is not opinion based on whims and desires, rather
it is an opinion based on the evidence, or analogies, or following the
general principles of sharee’ah. The salaf used to describe ijtihaad in
difficult issues as ra’y (lit. opinion). Many of them used to say when
commenting on a verse of the Book of Allaah, “This is my opinion (my
ijtihaad) concerning it,” but that does not refer to opinion based on whims
and desires, as stated above.
Imam Abu Haneefah followed ra’y and qiyaas a great deal in
matters other than hudood punishments, expiations and other shar’i issues,
and the reason for that is that he had fewer ahaadeeth at his disposal than
other imams, because he came before the other imams and was very strict
about accepting ahaadeeth, as false reports were so widespread in Iraq at
that time and there was a great deal of tribulation.
It should be noted that not all the opinions and views of the
Hanafi madhhab that is named after Imam Abu Haneefah are the words of Abu
Haneefah himself, or can be correctly attributed to him. Many of those views
go against what Imam Abu Haneefah himself said, but they were regarded as
part of his madhhab because they were worked out according to the guidelines
of the madhhab which is derived from the other texts of the imam. Similarly
the Hanafi madhhab may adopt the view of a student of the imam such as Abu
Yoosuf and Muhammad, and it also includes the ijtihaad of students of the
imam, which subsequently became part of the madhhab. This does not apply
only to the madhhab of Abu Haneefah, rather the same may be said of all the
well-known madhhabs.
If it is said: If the four madhhabs are based on the Qur’aan
and Sunnah, why do we find differences of opinion between them on matters of
fiqh?
The answer is: Each imam issued fatwas on the basis of the
evidence that reached him. A hadeeth may have reached Imam Maalik on the
basis of which he issued fatwas, that did not reach Abu Haneefah, so he
issued fatwas stating something different, and vice versa. Similarly a
hadeeth may have reached Abu Haneefah with a saheeh isnaad so he issued
fatwas on that basis, and the same hadeeth may have reached Imam al-Shaafa’i
with a different isnaad that was da’eef (weak), so he did not issue fatwas
based on it, or he may have issued a fatwa saying something that went
against the hadeeth based on the conclusion he reached. This is why
differences arose among the scholars, but ultimately the point of reference
is the Qur’aan and Sunnah.
In fact, Imam Abu Haneefah and other imams followed the texts
of the Qur’aan and Sunnah, even if some of their fatwas were not based on
that, the reason being that all four imams stated that if a hadeeth was
saheeh, then that was their madhhab, that is what they followed, on what
they based their fatwas and from what they derived their evidence.
Imam Abu Haneefah said: “If the hadeeth is saheeh then that
is my madhhab.” And he said: “It is not permissible for anyone to follow
what we say if they do not know where we got it from.” According to another
report he said: “It is haraam for the one who does not know my evidence to
issue a fatwa based on my words.” And according to another report he added:
“We are human, we may say something today and retract it tomorrow.” And he
said: “If I say something that goes against the Book of Allaah or the report
of the Messenger (peace and blessings of Allaah be upon him), then
ignore what I say.”
Imam Maalik (may Allaah have mercy on him) said: “I am only
human, sometimes I make mistakes and sometimes I get things right. Look at
my opinion and whatever is in accordance with the Qur’aan and Sunnah, take
it, and whatever is not in accordance with the Qur’aan and Sunnah, ignore
it.” And he said: “There is no one after the Prophet (peace and
blessings of Allaah be upon him) whose words cannot be taken or left, apart
from the Prophet (peace and blessings of Allaah be upon him).”
Imam al-Shaafa’i (may Allaah have mercy on him) said: “There
is no one who will not be unaware of some of the Sunnah of the Messenger of
Allaah (peace and blessings of Allaah be upon him). Whatever I say or
whatever guidelines I establish, if there is a report from the Messenger of
Allaah (peace and blessings of Allaah be upon him) which is different
to what I said, then what matters is what the Messenger of Allaah
(peace and blessings of Allaah be upon him) said, and that is my opinion.”
Imam Ahmad said: “Do not follow me blindly and do not follow
Maalik or al-Shaafa’i or al-Awzaa’i or al-Thawri blindly. Learn from where
they learned.” And he said: “The opinion of al-Awzaa’i and the opinion of
Maalik and the opinion of Abu Haneefah are all mere conjecture and it is all
the same to me. Rather evidence is to be found in the reports – i.e., in the
shar’i evidence.”
This is a brief look at Imam Abu Haneefah (may Allaah have
mercy on him) and his madhhab. In conclusion, the Muslim cannot but
acknowledge the status and position of these imams, but that should not lead
us to give precedence to their views over the Book of Allaah and the saheeh
reports from the Messenger of Allaah (peace and blessings of Allaah be
upon him), because in principle we should follow the Qur’aan and Sunnah and
not the opinions of men; any man’s opinion may be taken or left, except the
Messenger of Allaah (peace and blessings of Allaah be upon him),as Imam
Maalik (may Allaah have mercy on him) said.
For more information please see questions no.
5523,
13189,
23280, 21420.
See also al-Madkhal ila Diraasat al-madaaris wa’l-Madhaahib
al-Fiqhiyyah by ‘Umar al-Ashqar.
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