Hanbali

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The Hanbali school (Arabic: المذهب الحنبلي‎‎) is one of the four orthodox Sunni Islamic schools of jurisprudence (fiqh).[1] It is named after the Iraqi scholar Ahmad ibn Hanbal (d. 855), and was institutionalized by his students. The Hanbali madhhab is the smallest of four major Sunni schools, the others being the Hanafi, Maliki and Shafi'i.[2][3]

Hanbali school derives Sharia predominantly from the Quran, the Hadiths (sayings and customs of Muhammad), and the views of Sahabah (Muhammad's companions).[1] In cases where there is no clear answer in sacred texts of Islam, the Hanbali school does not accept jurist discretion or customs of a community as a sound basis to derive Islamic law, a method that Hanafi and Maliki Sunni fiqhs accept.

Hanbali school is the strict traditionalist school of jurisprudence in Sunni Islam.[4] It is found primarily in Saudi Arabia and Qatar, where it is the official fiqh.[5][6] Hanbali followers are the demographic majority in four emirates of UAE (Sharjah, Umm al-Quwain, Ras al-Khaimah and Ajman).[7] Large minorities of Hanbali followers are also found in Bahrain, Oman and Yemen and within Iraqi and Jordanian bedouins.[5][8] The Hanbali school was the forerunner of the Wahhabi-Salafist movement.[9] Historically the school was small; during the 18th to early-20th century Muhammad ibn Abd al-Wahhab and Al Saud greatly aided its propagation around the world.[9]

History

Map of the Muslim world. Hanbali (dark green) is the predominant Sunni school in Saudi Arabia and Qatar.[5]

Ahmad ibn Hanbal, the founder of Hanbali school, was a disciple of Al-Shafi‘i. Like Shafi'i and al-Zahiri, he was deeply concerned with the extreme elasticity being deployed by many jurists of his time, who used their discretion to reinterpret the doctrines of Quran and Hadiths to suit the demands of Caliphs and wealthy.[10] Ibn Hanbal advocated return to literal interpretation of Quran and Hadiths. Influenced by the debates of his time, he was known for rejecting religious rulings (Ijtihad) from the consensus of jurists of his time, which he considered to be speculative theology (Kalam). He associated them with the Mu'tazilis, who he despised. Ibn Hanbal was also hostile to the discretionary principles of rulings in jurisprudence (Usul al-fiqh), which were established by his predecessors; Al-Shaf'i, Imam Malik and Abu Hanifa. He linked these discretionary principles with kalam. His guiding principle was that the Quran and Sunnah are the only proper sources of Islamic jurisprudence, and are of equal authority and should be interpreted literally in line with the Athari creed. He also believed that there can be no true consensus (Ijma) among jurists (mujtahids) of his time,[10] and preferred the consensus of Muhammad's companions (Sahaba) and weaker hadiths. Imam Hanbal himself compiled Al-Musnad, a text with over 30,000 saying, actions and customs of Muhammad.[1]

Ibn Hanbal never composed an actual systematic legal theory on his own, though his followers established a systemic method after his death.[11] Much of the work of preserving the school based on Ibn Hanbal's method was laid by his student Abu Bakr al-Khallal; his documentation on the founder's views eventually reached twenty volumes.[12] The original copy of the work, which was contained in the House of Wisdom, was burned along with many other works of literature during the Mongol siege of Baghdad. The book was only preserved in a summarized form by the Hanbali jurist al-Khiraqi, who had access to written copies of al-Khallal's book before the siege.[12]

Relations with the Abbasid Caliphate were rocky for the Hanbalites. Led by the Hanbalite scholar Al-Hasan ibn 'Ali al-Barbahari, the school often formed mobs of followers in 10th-century Baghdad who would engage in violence against fellow Sunnis suspected of committing sins and all Shi'ites.[13] During al-Barbahari's leadership of the school in Baghdad, shops were looted,[14] female entertainers were attacked in the streets,[14] popular grievances among the lower classes were agitated as a source of mobilization,[15] and public chaos in general ensued.[16] Their efforts would be their own undoing in 935, when a series of home invasions and mob violence on the part of al-Barbahari's followers in addition to perceived deviant views led to the Caliph Ar-Radi publicly condemning the school in its entirety and ending its official patronage by state religious bodies.[16]

Principles

Sources of law

Like all other schools of Sunni Islam, the Hanbali school holds that the two primary sources of Islamic law are the Qur'an and the Sunnah found in Hadiths (compilation of sayings, actions and customs of Muhammad). Where these texts did not provide guidance, Imam Hanbal recommended guidance from established consensus of Muhammad's companions (Sahabah), then individual opinion of Muhammad's companions, followed in order of preference by weaker hadiths, and in rare cases qiyas (analogy).[1] The Hanbali school, unlike Hanafi and Maliki schools, rejected that a source of Islamic law can be jurists personal discretionary opinion or consensus of later generation Muslims on matters that serve the interest of Islam and community. Hanbalis hold that this is impossible and leads to abuse.[10]

Ibn Hanbal rejected the possibility of religiously binding consensus (Ijma), as it was impossible to verify once later generations of Muslims spread throughout the world,[10] going as far as declaring anyone who claimed as such to be a liar. Ibn Hanbal did, however, accept the possibility and validity of the consensus of the Sahaba. the first generation of Muslims.[17][18] Later followers of the school, however, expanded on the types of consensus accepted as valid, and the prominent Hanbalite Ibn Taymiyyah expanded legal consensus to later generations while at the same time restricting it only to the religiously learned.[18] Analogical reasoning (Qiyas), was likewise rejected as a valid source of law by Ibn Hanbal himself,[10][19][20] with a near-unanimous majority of later Hanbalite jurists not only accepting analogical reasoning as valid but also borrowing from the works of Shafi'ite jurists on the subject.

Ibn Hanbal's strict standards of acceptance regarding the sources of Islamic law were probably due to his suspicion regarding the field of Usul al-Fiqh, which he equated with speculative theology (kalam).[21] In the modern era, Hanbalites have branched out and even delved into matters regarding the upholding (Istislah) of public interest (Maslaha) and even juristic preference (Istihsan), anathema to the earlier Hanbalites as valid methods of determining religious law.

Theology

Ibn Hanbal taught that the Qur'an is uncreated due to Muslim belief that it is the word of God, and the word of God is not created. The Mu'tazilites taught that the Qur'an, which is readable and touchable, is created like other creatures and created objects. Ibn Hanbal viewed this as heresy, replying that there are things which are not touchable but are created, such as the Throne of God.[22] Unlike the other three schools of Islamic jurisprudence (Hanafi, Maliki, and Shafi), the Hanbali madhab remained largely traditionalist or Athari in theology[23] and it was primarily Hanbali scholars who codified the Athari school of thought.

Distinct rulings

  • Wudu – One of the seven things which nullifies the minor purification includes, touching a woman for the purpose of carnal desire.[24] This ruling is similar to the Maliki opinion, however the Shafi'i opinion is that merely touching a woman will break the wudu, while the Hanafi opinion is that merely touching a woman does not break the wudu.
  • Al-Qayyam – One position of the school according to Kashshaf al-Qina` of al-Buhuti, and al-Mughni of Ibn Qudama is the same as that of Imam Abu Hanifa and his students; to place one’s hands below the navel. Another position is that hands are positioned above the navel or on the chest while standing in prayer,[24] not similar to the Hanafis, though others state a person has a choice i.e. either above the navel or near the chest
  • Ruku – The hands are to be raised (Rafa al-Yadayn) before going to ruku, and standing up from ruku,[24] similar to the Shafi'i school. While standing up after ruku, a person has a choice to place their hands back to the position as they were before.[25] Other madh'habs state the hands should be left on their sides.
  • Tashahhud – The finger should be pointed and not moved, upon mentioning the name of Allah.[24][26][27]
  • Tasleem – Is considered obligatory by the Madh'hab.[28]
  • Salat-ul-Witr – Hanbalis pray Two Rak'ats consecutively then perform Tasleem, and then One Rak'at is performed separately. Dua Qunoot is recited after the Ruku' during Witr, and Hands are raised during the Dua.[28]
  • In the absence of a valid excuse, it is obligatory (at least for adult men) to pray in congregation rather than individually.[29]
  • The majority of the Hanbali school considers admission in a court of law to be indivisible; that is, a plaintiff may not accept some parts of a defendant's testimony while rejecting other parts. This position is also held by the Zahiri school, though it is opposed by the Hanafi and Maliki schools.[30]

Reception

The Hanbali school is now accepted as the fourth of the mainstream Sunni schools of law. It has traditionally enjoyed a smaller following than the other schools. In the earlier period, Sunni jurisprudence was based on four other schools: Hanafi, Maliki, Shafi'i and Zahiri; later on, the Hanbali school supplanted the Zahiri school's spot as the fourth mainstream school.[31] Hanbalism essentially formed as a traditionalist reaction to what they viewed as speculative innovations on the part of the earlier established schools.[32]

Historically, the school's legitimacy was not always accepted. Muslim exegete Muhammad ibn Jarir al-Tabari, founder of the now extinct Jariri school of law, was noted for ignoring the Hanbali school entirely when weighing the views of jurists; this was due to his view that the founder, Ibn Hanbal, was merely a scholar of prophetic tradition and was not a jurist at all.[33] The Hanbalites, led by al-Barbahari, reacted by stoning Tabari's home several times, inciting riots so violent that Abbasid authorities had to subdue them by force.[34] Upon Tabari's death, the Hanbalites formed a violent mob large enough that Abbasid officials buried him in secret for fear of further riots were Tabari buried publicly in a Muslim graveyard.[13] Similarly, the Andalusian theologian Ibn 'Abd al-Barr made a point to exclude Ibn Hanbal's views from the books on Sunni Muslim jurisprudence.[35] In al-Muqaddimah, Ibn Khaldun—himself a Qadi in Egypt during the Mamluk-era—also noted that the following of this school was rare and stated that this is due to the fact that they largely reject Ijtihad as a whole.

Eventually, the Mamluk Sultanate and later the Ottoman Empire codified Sunni Islam as four schools, including the Hanbalite school at the expense of the Zahirites.[36][37] The Hanafis, Shafi'is and Malikis agreed on important matters and recognized each other's systems as equally valid; this was not the case with the Hanbalites, who were recognized as legitimate by the older three schools but refused to return the favor.[32]

Differences with other Sunni schools

Perhaps the most important difference with the other three mainstream Sunni school is the following of the Athari and Taqlid creed. Whereas the others largely follow the Ash'ari school of theology. Al-Ash'ari is vastly criticised in Hanbali literature, and some of it even labelled him an unbeliever. (see Takfir)[citation needed]

In terms of jurisprudence there are differences as well. In comparison to the Hanafis and the Malikis, in the absence of a consensus, the opinion of a Sahabi is given priority over Qiyas (which early Hanbalis rejected) or al-'urf, which is completely rejected by Hanablis. Where Hanbalis require a unanimous consensus, Hanafis tend to follow the consensus of Kufa and Malikis that of al-Madina. Hanbalis are somewhat more lax in accepting hadiths (Musnad Ahmad ibn Hanbal contains a few known fabricated hadiths)[38] whereas Abu Hanifa tended to severely scrutinise hadith because he lived in Kufa in the middle of the Shi'a/Sunna conflict. Other schools maintain that a religious ruling cannot be given with doubt, and thus do not follow in some cases hadiths which authenticity may be in doubt.[citation needed]

Zahiris, a less mainstream school, is sometimes seen as the closest to Hanbalis and Hanafis. However the similarities are only true for early Zahiris who followed the Athari creed. The branch that was largely instigated by Ibn Hazm which developed in al-Andalus, al-Qarawiyyin and later became the official school of the state under the Almohads, differed significantly from Hanbalism. It did not follow the Athari and Taqlid schools and opted for "logical Istidlal" (deductive demonstration) as a way to interpret scripture that wasn't clear literally. Hanbalis rejected kalam as a whole and believed in the supremacy of the text over the mind and did not engage in dialectic debates with the Mu'tazila. Ibn Hazm, on the other hand, engaged in these debates and believed in logical reasoning rejecting most of Mu'tazila claims as sophists and absurd. Ibn Hazm, also scrutinised hadith more severely. He adopted an attitude where he'd reject hadiths if he discovered something suspicious about the lives of the those who reported it, or in the case where a person in the Sanad is not a widely known figure. In doing so, he was aided by his vast historical knowledge.[citation needed]

Offshoots

The Salafi movement is largely descended from the Hanbali school, which they scrupulously follow in terms of theology and Usool. Much of their religious discourse is derived from the works of the Salaf us-Salih, also from the works of Ibn Taymiyyah, Ibn Qayyim Al-Jawziyya and Muhammad ibn Abd al-Wahhab, with contemporary Saudi clerics such as Muhammad ibn al Uthaymeen and Ibn Baz.

Revival efforts

Since the Al Saud succeeded in annexing Mecca in 1926 and the discovery of oil, Hanbali school of theology has benefited from the sponsorship of the Saudi state. Theology students from all over the world are educated in Saudi Arabia following this school of theology and Saudi-funded Dawah succeeded in attracting new followers all over the world. Since the beginning of the 20th-century, the school has therefore gained more acceptance and diffusion in the Islamic world.

List of Hanbali scholars

  • Abu Bakr al-Khallal – Jurist responsible for the school's early codification.
  • Al-Hasan ibn 'Ali al-Barbahari (d. 329 A.H.)
  • Ibn Aqil (d. 48 8A.H.)
  • Awn ad-Din ibn Hubayra (d. 560 A.H.)
  • Abdul Qadir al-Jilani (d. 561 A.H.)
  • Abu-al-Faraj Ibn Al-Jawzi (d. 597 A.H.) – A famous jurist, exegete, critic, preacher and a prolific author, with works on nearly all subjects.
  • Hammad al-Harrani (d. 598A.H.) – A jurist, critic and preacher who lived in Alexandria under the reign of Salahudin.
  • Abd al-Ghani al-Maqdisi (d. 600 A.H.) – A prominent hadith master from Damascus and the nephew of Ibn Qudamah.
  • Ibn Qudamah (d. 620A.H.) – One of the major Hanbali authorities and the author of the profound and voluminous book on Law, al-Mughni, which became popular amongst researchers from all juristic backgrounds. One of two individuals referred to as Shaykh al-Islām within the Hanbali school.[12]
  • Taqi al-Din Ibn Taymiyah (d. 728 A.H.) – A well-known figure in the Islamic history, known by his friends and foes for his expertise in all Islamic sciences. The second of two people referred to as "Shaykh al-Islām" within the school.[12]
  • Ibn al-Qayyim (d. 751 A.H.) – The closest companion and a student of Ibn Taymiyah, also a respected jurist in his own right.
  • Ibn Rajab (d. 795 A.H.) – A prominent jurist, traditionist, ascetic and preacher, who authored several important works, largely commenting upon famous collections of traditions.
  • Muhammad ibn Abd-al-Wahhab – A leading Hanbali jurist and traditionist, patronym of the Wahhabi movement.
  • Ibn Humaid (d. 1295 A.H.) – A Hanbali jurist, traditionist, historian.
  • Abd al-Aziz ibn Baz (d. 1419 A.H.) – Former Grand Mufti of Saudi Arabia.
  • Ibn al-Uthaymeen (d. 1421 A.H.) – A leading jurist, grammarian, linguist, and a popular preacher.
  • Abdullah Ibn Jibreen – A leading scholar of Saudi Arabia and was a former member of the Permanent Committee for Islamic Research and Fataawa in Saudi Arabia.
  • Saleh Al-Fawzan – A well known scholar in Saudi Arabia and prolific author. He is currently a member of the Permanent Committee.
  • Abdul Rahman Al-Sudais – The leading imam and khateeb of the Grand mosque chief of presidency of Haramain Committee, Saudi Arabia.
  • Saud Al-Shuraim – The Imam and khateeb of the Grand Mosque Mecca and a professor of Islamic law at Umm al-Qura University.

See also

References

  1. ↑ 1.0 1.1 1.2 1.3 Hisham M. Ramadan (2006), Understanding Islamic Law: From Classical to Contemporary, Rowman Altamira, ISBN 978-0759109919, p. 24-29
  2. ↑ Gregory Mack, Jurisprudence, in Gerhard Böwering et al (2012), The Princeton Encyclopedia of Islamic Political Thought, Princeton University Press, ISBN 978-0691134840, p. 289
  3. ↑ Sunnite Encyclopedia Britannica (2014)
  4. ↑ Ziauddin Sardar (2014), Mecca: The Sacred City, Bloomsbury, ISBN 978-1620402665, p. 100
  5. ↑ 5.0 5.1 5.2 Daryl Champion (2002), The Paradoxical Kingdom: Saudi Arabia and the Momentum of Reform, Columbia University Press, ISBN 978-0231128148, p. 23 footnote 7
  6. ↑ State of Qatar School of Law, Emory University
  7. ↑ Barry Rubin (2009), Guide to Islamist Movements, Volume 2, ME Sharpe, ISBN 978-0765617477, p. 310
  8. ↑ Mohammad Hashim Kamali (2008), Shari'ah Law: An Introduction, ISBN 978-1851685653, Chapter 4
  9. ↑ 9.0 9.1 Lua error in package.lua at line 80: module 'strict' not found.
  10. ↑ 10.0 10.1 10.2 10.3 10.4 Chiragh Ali, The Proposed Political, Legal and Social Reforms, in Modernist Islam 1840-1940: A Sourcebook, pp. 281-282 Edited by Charles Kurzman, Oxford University Press, (2002)
  11. ↑ I. M. Al-Jubouri, Islamic Thought: From Mohammed to September 11, 2001, pg. 122. Bloomington: Xlibris, 2010. ISBN 9781453595855
  12. ↑ 12.0 12.1 12.2 12.3 Abu Zayd Bakr bin Abdullah, Madkhal al-mufassal ila fiqh al-Imam Ahmad ibn Hanbal wa-takhrijat al-ashab. Riyadh: Dar al 'Aminah, 2007.
  13. ↑ 13.0 13.1 Joel L. Kraemer, Humanism in the Renaissance of Islam: The Cultural Revival During the Buyid Age, pg. 61. Volume 7 of Studies in Islamic culture and history. Leiden: Brill Publishers, 1992. ISBN 9789004097360
  14. ↑ 14.0 14.1 Christopher Melchert, Studies in Islamic Law and Society, vol. 4, pg. 151. Leiden: Brill Publishers, 1997.
  15. ↑ Ira M. Lapidus, Islamic Societies to the Nineteenth Century: A Global History, pg. 192. Cambridge: Cambridge University Press, 2012. ISBN 9780521514415
  16. ↑ 16.0 16.1 Joel L. Kraemer, pg. 62.
  17. ↑ Muhammad Muslehuddin, "Philosophy of Islamic Law and Orientalists," Kazi Publications, 1985, p. 81
  18. ↑ 18.0 18.1 Dr. Mohammad Omar Farooq, "The Doctrine of Ijma: Is there a consensus?," June 2006
  19. ↑ Mansoor Moaddel, Islamic Modernism, Nationalism, and Fundamentalism: Episode and Discourse, pg. 32. Chicago: University of Chicago Press, 2005.
  20. ↑ Christopher Melchert, The Formation of the Sunni Schools of Law: 9th-10th Centuries C.E., pg. 185. Leiden: Brill Publishers, 1997.
  21. ↑ Christopher Melchert, The Formation of the Sunni Schools of Law: 9th-10th Centuries C.E., pg. 182. Leiden: Brill Publishers, 1997.
  22. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  23. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  24. ↑ 24.0 24.1 24.2 24.3 Imam Muwaffaq ibn Qudama. The Mainstay Concerning Jurisprudence (Al Umda fi 'l Fiqh).
  25. ↑ Shaikh Tuwaijiri. pp. 18–19.
  26. ↑ Al-Buhuti, Al-Raud al-murbi, p. 72.
  27. ↑ Al-Mughni (1/524).
  28. ↑ 28.0 28.1 "Salat According to Five Islamic Schools of Law" from Al-Islam.org
  29. ↑ Marion Holmes Katz, Prayer in Islamic Thought and Practice, p. 128, 2013
  30. ↑ hi Mahmasani, Falsafat al-tashri fi al-Islam, p. 175. Trns. Farhat Jacob Ziadeh. Leiden: Brill Archive, 1961.
  31. ↑ Mohammad Sharif Khan and Mohammad Anwar Saleem, Muslim Philosophy And Philosophers, pg. 34. New Delhi: Ashish Publishing House, 1994.
  32. ↑ 32.0 32.1 Francis Robinson, Atlas of the Islamic World Since 1500, pg. 29. New York: Facts on File, 1984. ISBN 0871966298
  33. ↑ Yaqut al-Hamawi, Irshad, vol. 18, pg. 57-58.
  34. ↑ History of the Prophets and Kings, General Introduction, And, From the Creation to the Flood, pg. 73. Trsn. Franz Rosenthal. SUNY Press, 1989. ISBN 9781438417837
  35. ↑ Camilla Adang, This Day I have Perfected Your Religion For You: A Zahiri Conception of Religious Authority, pg. 20. Taken from Speaking for Islam: Religious Authorities in Muslim Societies. Ed. Gudrun Krämer and Sabine Schmidtke. Leiden: Brill Publishers, 2006.
  36. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  37. ↑ Chibli Mallat, Introduction to Middle Eastern Law, pg. 116. Oxford: Oxford University Press, 2007. ISBN 9780199230495
  38. ↑ Lua error in package.lua at line 80: module 'strict' not found.

Further reading

  • Abd al-Halim al-Jundi, Ahmad bin Hanbal Imam Ahl al-Sunnah, published in Cairo by Dar al-Ma'arif
  • Dr. 'Ali Sami al-Nashshar, Nash'ah al-fikr al-falsafi fi al-islam, vol. 1, published by Dar al-Ma'arif, seventh edition, 1977
  • Makdisi, George. "Hanābilah." Encyclopedia of Religion. Ed. Lindsay Jones. Vol. 6. 2nd ed. Detroit: Macmillan Reference USA, 2005. 3759-3769. 15 vols. Gale Virtual Reference Library. Thomson Gale. (Accessed December 14, 2005)
  • Dar Irfan Jameel. "Introduction to Hanbali School of Jurisprudence."https://www.academia.edu/6790702/Introduction_to_Hanbali_School_of_Jurisprudence.
  • Vishanoff, David. "Nazzām, Al-." Ibid.
  • Iqbal, Muzzafar. Chapter 1, "The Beginning", Islam and Science, Ashgate Press, 2002.
  • Leaman, Oliver, "Islamic Philosophy". Routledge Encyclopedia of Philosophy, v. 5, p. 13-16.

External links

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