The Hanaabilah

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This is taken from IslamicAwakening, it was posted by brother 'justabro' (May Allah reward him abundantly)

Quote :: Introduction to the Hanbali Madhhab

بسم الله الرحمن الرحيم

This is an introduction to the Hanbali madhhab. As a starting point, I am making use of the introduction to the madhhab by Sh. Muhammad al-Habdan in his introduction to his Tahqiq of Zad al-Mustaqni' (pp. 15-34, Dar al-Jawzi print). He has made an extremely brief presentation summarized from al-Madkhal al-Mufassal Ila Fiqh al-Imam Ahmad b. Hanbal Wa Takhrijat al-Ashab by Sh. Bakr Abu Zayd, may Allah have mercy on him. I am using his summary as the basic outline although having recourse back to the original work of Sh. Bakr.

In sha Allah, as the thread progresses, I may have recourse to other reference works as well such as the work of Sh. Bakr and also the Madkhal of ibn Badran (which Sh. Bakr himself referred to extensively), amongst other works.

History of the Beginning of Madhhabs

The beginning of madhhabs can be traced back to before the era of the famous Imams. For example, we find the people of Madina relying on the fatawa of ibn Umar, the people of Makkah on the fatawa of ibn Abbas, and the people of Kufa on the fatawa of ibn Mas'ud.

The Types of Fiqh Addressed in Every Madhhab

(1) The ahkam of Tawhid. It would be incorrect to say about such ahkam that it is according to such-and-such madhhab, because these are definitive rulings agreed upon by the Ummah.

(2) Definitive juristic rulings. Such rulings can also not be referrred to as the madhhab of a particular Imam. Therefore, one would not say, "The madhhab of so-and-so is that the five prayers are obligatory"!

(3) Rulings based on ijtihad, coming from the Imam himself by way of narrations or indications (tanbihat).

(4) Rulings based on ijtihad, derived by the scholars of the madhhab by extracting them based on the established rulings of the madhhab on other issues. This is known as takhrij. Such rulings fall under what can be known as the madhhab istilahi. These rulings were not made by the Imam but can appropriately be considered to be part of the official 'madhhab'.

(5) Rulings based on ijtihad dervied the scholars of the madhhab by practicing ijtihad in deriving the rulings without attempting to make takhrij on the madhhab.

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Al-Shatibi states, "The Shari'a has not specified rulings for every individual issue in particulars. It provides general rulings and broad expressions that address innumerable scenarios."

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Ikhtilaf

Ibn Taymiyya states in al-Fatawa 14/159, "Disputing ahkam could be a mercy if it does not lead to a tremendous evil such as the ruling being concealed. For his reason, when a man authored a book which he entitled, Kitab al-Ikhtilaf, Ahmad said, 'Call it Kitab al-Sa'ah (i.e. ease, accomodation)'. 'Umar b. 'Abd al-'Aziz used to say, 'It would not like for the Companions of Allah's Messenger (صلى الله عليه وسلم) to have never disagreed, because if they agreed on something and someone differed with them, he would be astray. However, if they differed, and one person adopted the opinion of one, and another adopted the opinion of the other, there would be ease (sa'ah) in the matter."

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Causes of Error in Counting Opinions as the Imam's Madhhab

(1) Relying on an opinion he retracted
(2) Not paying attention to the manner in which he qualifies a statement or makes it absolute.
(3) Additions from some of the scholars of the madhhab
(4) Relying on books that have been criticized in the madhhab
(5) Misunderstanding. Ibn Rajab (al-Qawa'id, 169) states about Abu Bakr 'Abd al-'Aziz, known as Ghulam al-Khallal, "Abu Bakr frequently would narrate the words of Ahmad by the meaning he understood as a result of which great distortion would result. He fell into this sort of thing greatly in the book Zad al-Musafir."
(6) Combining two narrations when they should be distinguished as separate narrations, or the reverse.
(7) Distortion or misreading (Tashif) in the text of a narration.
( 8)Using unreliable manuscripts
(9) The Imam might express an opinion, and then one of the scholars of the madhhab might further qualify it, and then the one transmitting this information might attribute all back to the Imam.

One example of an error is the issue of fasting the thirtieth of Sha'ban due to clouds. It is attributed to him that fasting this day is obligatory, but this has no basis in his words, nor in those of his companions. His expressed view was that it is reccommended as concluded by ibn Taymiyyah (al-Fatawa, 25/99).

In summary, it is important to know the methods by which the true position of the madhhab - and in particular, the Imam - can be known, and to exercise great care in applying them. Sh. Bakr has devoted a work to this topic which he later incorporated into his book, al-Madkhal Li Fiqh al-Nawazil: al-Qadaya al-Mu'asira because many contemporaries, when making ijtihad concerning nawazil, will make takhrij from an opinion that was attributed to an Imam erroneously.

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(Next installment, in sha Allah: the stages of the Madhhab's history)

Guest

Quote :: Stages of the Madhhab’s Development

(1) Laying the foundations

It goes without saying, that Imam Ahmad was one of the greatest Imams of Hadith in the history of Islam, and his Musnad is the most comprehensive compendium of Hadith written by any major hadith scholar. As a result he was sought out by students far and wide. The students in his lessons with pen and ink writing down would be no less than five hundred, and the total number of attendees would be much more. His lessons would also be filled with people seeking fatwa and asking questions, as a result of which, his lessons were not merely lessons of Hadith but lessons of Fiqh as well.

It goes without saying that the Madhhab got its start with Imam Ahmad’s lessons and with his students writing down his answers to questions. The books gathering his answers to questions number about 200. This is on top of the 30 different books that the Imam himself wrote, some short and some long.

Many of his students would go on to teach Fiqh themselves, to become Qadis, and to be sought out by students from around the Muslim world, which lead to their writings spreading far and wide.

(2) The Stage of Transmission and Development

In this stage, the scholars of the Madhhab began compiling the masa’il of Ahmad, arranging them, and formulating the madhhab. One of the most notable works that paved the way for this process is al-Jami’ Li Ulum Ahmad by Abu Bakr al-Khallal (311 H). Unfortunately, this work has not survived down to our times, at least not in its entirety.

The scholars of the Hanbali madhhab are usually divided by the scholars into three eras: mutaqaddimin, mutawassitin, and muta’akhirin.

The scholars of these first two stages would encompass the era of the ’mutaqaddimin’, the last of whom is al-Hasan b. Hamid (403 H).

(3) The Stage of Formulation and Redaction

With the end of the last two stages, the books of riwayah were recorded and standardized in works such as al-Jami’ of al-Khallal and Jami’ al-Madhhab by al-Hasan b. Hamid. This was accompanied by the writing of manuals, the first of which being the Mukhtasar al-Khiraqi.

The work of redaction of the Madhhab was undertaken by the major scholars from the Mutawassitin, starting with Abu Ya’la, the student of al-Hasan b. Hamid, and ending with al-Burhan ibn Muflih (884 H). It also encompasses scholars from the Muta’akhirin, starting with the muhaqqiq of the madhhab, ‘Ala’ al-Din al-Mardawi (885 H).

(4) The Settling of the Madhhab

This stage starts from during the period of the muta’akhirin until the modern age. We could also look at this stage as the stage of relying on the books of the Madhhab. It is rare for the scholars of this stage to engage in takhrij or verification of the madhhab.

This stage eventually leads into the final stage:

(5) Revival of the Legacy

This stage begins in the modern age with the advent of modern mass printing, and continuous efforts – in formal academia and by independent researchers – to publish and edit the classical works. Over 250 classical works of the Hanbali Madhhab have been published in this period as detailed by Sh. Bakr in the final section of his Madkhal.

Guest

Quote :: Distinctive Qualities of Hanbali Fiqh

(1) Emphasis on following Dalil

Anyone who observes the books of Ahmad’s Masa’il will notice that they are rich with evidences from the Qur’an, Sunnah, and fatawa of the Companions.

Thus you will find it very common for him to answer questions, stating, “There are two hadiths concerning it,” “There are four hadiths concerning it,” “Authentic, fair hadiths have been reported concerning it,” “This Sunnah has been reported from the Prophet (صلى الله عليه وسلم) by x number of Companions” etc. And the same can be said of his reliance on the Athar of the Companions.

(2) The Great Number of Conceptual and Practical Issues

Because of his focus on the evidences of the Shari’ah, Ahmad has spoken a great deal on both issues of practice as well as concepts and beliefs. However, Ahmad’s statements concerning issues of creed are clearly more in abudance than those of the other Imams, as most of their known speech is related to issues of practice.

(3) Avoidance of Hypothetical Fiqh

Looking at the fatawa of Ahmad, one finds that he frequently would rebuke questioners for raising hypothetical issues that had not come to pass. Ibn Muflih has mentioned a number of exampled in his al-Adab al-Shar’iyyah, 2/76-80.

Some jurists would suppose hypothetical issues and devise rulings for them. For example, “If a hermaphrodite were to copulate with himself and give birth, would he inherit from his offspring as a father? Or as a mother? Or both?”

The Hanafi Madhhab has the greatest amount of hypothetical issue, and the Shafi’i and Maliki Madhhabs have their share as well. As for Hanbali Fiqh, although such issues are found in their works, they are noticeably less and do not reach the point of exaggeration. This is a consequence of Ahmad’s methodology in his Fiqh. In spite of the numerous books gathering his Masa’il, it is not known that he ever devised hypothetical issues to devise rulings for them.

Al-Hajawi has written about hypothetical Fiqh in his work, al-Fikr al-Sami, 1/349, 2/402, and Abu Zahrah in his book, Abu Hanifah, pp. 258-262.

Ibn Taymiyyah has also addressed the issue in al-Istiqamah, 1/8-19, and ibn al-Qayyim in I’lam al-Muwaqqi’in (4/221-222; 4:57-158; 2/168). Also see ibn Muflih, al-Adab al-Shar’iyyah, 2/76-79, and ibn Rajab, Jami’ al-‘Ulum wal-Hikam, the explanation of Hadith no. 9.

(4)Avoidance of Excessive Indulgence in Ra’i

Ibn al-Qayyim addresses this issue in considerable detail in the opening of I’lam al-Muwaqqi’in (1/44-84).

Umm al-Qura University has also published a treatise entitled Al-Ra’I ‘Ind al-Imam Ahmad b. Hanbal by Sh. Uthman al-Murshid.

(5) Ease and Facilitation in the Rulings of Worship, Transactions, Marriage, Etc.

In the topic of Tahara, the Hanbali Madhhab has the distinction of regarding the urine and feces of animals whose meat is lawful to eat as being pure.

This ruling facilitates matters considerably for those who have to deal with such animals on a regular basis.

They are the most lenient in allowing wiping on footwear in ablution.

The default rule in the Madhhab of Ahmad concerning contracts and conditions is that they are valid. This gives the two contradicting parties considerable freedom in concluding contracts and stipulating conditions so long as they do not conflict with a text.

This is based on the legislative principle of facilitation (taysir) and eliminating hardship (raf’ al-haraj). His madhhab also allows bay’ al-mu’atah, where the two parties simply exchange the merchandise for money without an explicit statement of offer and acceptance from both sides.

As for legal separation in marriage, he regards khula’ as annulment, not divorce, as a result of which it is not counted as part of the maximum number of divorces. This facilitates keeping marriages together. On the other hand, his Madhhab will annul marriages if the husband is negligent in expenditure on his wife or in fulfilling her conjugal rights. This protects the rights of wives.

In regards to endowments (awqaf), according to one narration, a person is allowed to utilize his waqf throughout the course of his life, and this opens wide the doors to charity.

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Brother 'justabro' says:

Quote :: Before posting the next topic - which is on the Usul of the Madhhab - I wanted to share the following, Abuz Zubair's article on Imam Ahmad and his madhhab:

IslamicAwakening.Com: Imam Ahmad ibn Hanbal: Life & Madhab

I'd also like to draw attention to this section that briefly reviews the Usul of the Madhhab:

IslamicAwakening.Com: Imam Ahmad ibn Hanbal: Life & Madhab

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Quote :: Ahmad’s Five Basic Juristic Principles

Despite being an exceptional jurist, Imam Ahmad detested that his opinions be written and compiled, fearing that it may swerve his students away from studying the sources of Law, the Quran and the Sunnah. Yet, as Ibn al-Jawzi comments, Allah knew the sincerity in his heart and raised around him faithful students who would record his opinions, such that an independent school of jurisprudence and theology was formed and attributed to Imam Ahmad.

Imam Ahmad employed exceptional caution while formulating juristic opinions and issuing verdicts, and would frequently warn his students of speaking in a matter in which you have no reputable predecessor. This prudent attitude is clearly demonstrated in the thought process applied by Ahmad in extrapolation of laws from the divine sources, which is as follows:

1) Divine text (Nass) from the Quran and the Sunnah was the first point of reference for all scholars of jurisprudence, and in this, Ahmad was not an exception. Whenever he noticed a divine textual evidence for an issue, he never referred to other sources, opinions of the Companions, scholars or resorted to analogical deduction (Qiyas).

2) Verdicts issued by the Companions were resorted to when no textual evidence was found in the Quran or the Sunnah. The reasons for ranking the verdicts of the Companions after the Quran and the Sunnah are obvious: The Companions witnessed the revelation of the Quran, and its implementation by the Prophet – SallAllahu ‘alaihi wa-sallam, who advised the Ummah to adhere to the rightly-guided caliphs, hence, the Companions ought to have a better understanding than the latter generations.

Imam Ahmad, would likewise, never give precedence to a scholarly opinion or analogical deduction (Qiyas) over that of the Companions’, to the extent that if they were divided into two camps over an issue, two different narrations would similarly be documented from Imam Ahmad.

3) In a case where the Companions differed, he preferred the opinion supported by the divine texts (Nass).

4) In instances where none of the above was applicable, Ahmad would resort to the Mursal Hadith (with a link missing between the Successor and the Prophet – SallAllahu ‘alaihi wa-sallam) or a weak Hadith. However, the type of weak Hadith that Ahmad relied on was such that it may be regarded as ‘fair’ Hadith due to other evidences (Hasan li Ghairihi), not the type that is deemed very weak and thus unsuitable as an evidence for Law. This was due to the fact that, during his time, the Hadith was only categorised into ‘sound’ (Sahih) and ‘weak’ (Dha’if). It was only after Ahmad, that al-Tirmidhi introduced a third category of ‘fair’ (Hasan).

5) Only after having exhausted the aforementioned sources would Imam Ahmad employ analogical deduction (Qiyas) due to necessity, and with utmost care.

Quote :: These five points are taken from ibn al-Qayyim's I'lam al-Muwaqqi'in. In sha Allah, in my next post, I will in sha Allah give some further input concerning these Usul.

Guest

Quote :: This is a list of some important Hanbali works on Usul al-Fiqh. If anyone knows any important ones that I am missing, please let me know:

(1) Al-'Udda, al-Qadi Abu Ya'la
(2) Al-Tamhid, Abul-Khattab al-Kalwadhani
(3) Al-Wadih, ibn Aqil
(4) Rawda al-Nazir, ibn Qudama
(5) Al-Musawwada, Aal Taymiyya
(6) A'lam al-Muwaqqi'in, ibn al-Qayyim
(7) Usul al-Fiqh, ibn Muflih
( Sharh Mukhtasar al-Rawda, al-Tufi
(9) Al-Tahbir Sharh al-Tahrir, al-Mardawi
(10) Al-Kawkab al-Munir, al-Fatuhi

Quote :: Some works of Usul al-Fiqh according to the Madhhab of the Hanabilah - all published.

Tahdhib al-Ajwiba, by Ibn Hamid (d.403)

al-Risalah fi Usul al-Fiqh, by Ibn Shihab al-'Ukbari (d.428)

al-'Uddah fi Usul al-Fiqh, by Qadi Abu Ya'la b. al-Farra' (d.458)

[al-Masa'il al-Usuliyyah min Kitab]al-Riwayatayn wa'l-Wajhayn, Qadi Abu Ya'la b. al-Farra' (d.458)

al-Wadih fi Usul al-Fiqh, by Abu'l-Wafa b. 'Aqil (d.513)

al-Tadhkirah fi'l-Fiqh 'ala Madhhab al-Imam Ahmad b. Muhammad b. Hanbal, Abu'l-Wafa b. 'Aqil (d.513)

Kitab al-Jadal 'ala Tariqat al-Fuqaha al-Dhahir, Abu'l-Wafa b. 'Aqil (d.513)

al-Wusul ila'l-Usul, by Ibn Barhan al-Baghdadi (d.518)

al-Tamhid fi Usul al-Fiqh, by Abu'l-Khattab al-Kalwadhani (d.510)

al-Intisar fi'l-Masa'il al-Kibar 'ala Madhhab al-Imam Ahmad b. Hanbal, Abu'l-Khattab al-Kalwadhani (d.510)

Rawdat al-Nadhir wa-Jannat al-Munazir, by Ibn Qudamah al-Maqdisi (d.620)

al-Bulbul fi Usul al-Fiqh = Mukhtasar Rawdat al-Nadhir, by Sulayman al-Tufi (d.715)

al-Musawwadah fi Usul al-Fiqh, by the three Shuyukh al-Islam: Majd al-Din b. Taymiyyah, Shihab al-Din b. Taymiyyah and Taqi al-Din b. Taymiyyah

Sihhat Usul Madhab Ahl al-Madina, by Ibn Taymiyyah (d.728)

al-Ma'arij al-Wusul ila Ma'rifa anna al-Nabiy qad Bayyana al-Usul, Ibn Taymiyyah (d.728)

Kitab Usul al-Fiqh (in Majmu' al-Fatawa), Ibn Taymiyyah (d.728)

Dar' al-Ta'arrud al-'Aql wa'l-Naql, Ibn Taymiyyah (d.728)

Maqasid al-Shari'ah, Ibn Taymiyyah (d.728)

I'lam al-Muwaqqi'in 'an Rabb al-'Alamin, by Ibn al-Qayyim al-Jawziyyah (d.753)

Adab al-Shar'iyyah, by Ibn Muflih (d.763)

Qawa'id al-Usuliyyah, by Ibn Lahham al-Ba'li (d.803)

Mukhtasar fi Usul al-Fiqh 'ala Madhhab Ahmad, Ibn Lahham al-Ba'li (d.803)

Tahrir al-Manqul wa-Tahdhib 'Ilm al-Usul, by al-Mardawi (d.885)

Muqaddimat al-Tahbir Sarh al-Tahrir fi Usul al-Fiqh al-Hanbali, al-Mardawi (d.885)

al-Qawa'id al-Kulliyyah wa-dawabit al-Fiqhiyyah, by Yusuf b. Abd al-Hadi known as Ibn al-Mabrid (d.909)

Sarh Ghayat al-Sul ila 'Ilm al-Usul, Yusuf b. Abd al-Hadi known as Ibn al-Mabrid (d.909)

Mukhtasar al-Tahrir fi Usul al-Fiqh (known as: Sarh Kawakib al-Munir), by Taqi al-Din Ibn al-Najjar (d.971)