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Madh'hab: Difference between revisions
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==The nature of the schools of law== | ==The nature of the schools of law== | ||
The schools of law differ primarily in the authentication and interpretive methodologies they employ to firstly determine which scriptures ([[ | The schools of law differ primarily in the authentication and interpretive methodologies they employ to firstly determine which scriptures ([[hadith]], for the most part, since the [[Qur'an]] is considered [[Textual History of the Qur'an|authentic]] by consensus) are soundly attributable to [[Muhammad]] and to secondly determine how these scriptures should be understood and reconciled with one other in such a manner as to allow the derivation of legal rulings. | ||
It should be noted that the schools of law are in themselves neither static nor homogeneous, as they have each developed and formalized a great deal since the times of their eponymous founders and consist internally of a diverse variety of opinions. As such, the schools of law are perhaps better characterized as enclosed arenas of debate wherein a common set of rules are followed. When it comes to inter-madh'hab debate, there is no common set of rules that is obliged beyond the thinly theological (such as the divinity of the Qur'an) and, as such, the topic of debate is frequently the rules themselves rather than the substantive rulings they give rise to. | It should be noted that the schools of law are in themselves neither static nor homogeneous, as they have each developed and formalized a great deal since the times of their eponymous founders and consist internally of a diverse variety of opinions. As such, the schools of law are perhaps better characterized as enclosed arenas of debate wherein a common set of rules are followed. When it comes to inter-madh'hab debate, there is no common set of rules that is obliged beyond the thinly theological (such as the divinity of the Qur'an) and, as such, the topic of debate is frequently the rules themselves rather than the substantive rulings they give rise to. | ||
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The Hanafi madh'hab was founded by Imam Abu Hanifah al-Nu'man (d. 767) in Kufa, Iraq. The Hanafi madh'hab is adhered to in the Levant, Central Asia, Afghanistan, Pakistan, India, Bangladesh, the largest part of Egypt, Iraq, Turkey, the Balkans, and by large parts of the Muslim populations of Russia and China. Large religious movements that exist within the Hanafi sphere are the Barelvi and Deobandi movements. Altogether, it is estimated that Hanafis form a plurality of Muslims world wide (roughly 30% of all Muslims). | The Hanafi madh'hab was founded by Imam Abu Hanifah al-Nu'man (d. 767) in Kufa, Iraq. The Hanafi madh'hab is adhered to in the Levant, Central Asia, Afghanistan, Pakistan, India, Bangladesh, the largest part of Egypt, Iraq, Turkey, the Balkans, and by large parts of the Muslim populations of Russia and China. Large religious movements that exist within the Hanafi sphere are the Barelvi and Deobandi movements. Altogether, it is estimated that Hanafis form a plurality of Muslims world wide (roughly 30% of all Muslims). | ||
The Hanafi madh'hab is descended from the ''Ahl al-Rai''' (the so-called "partisans of reason") of Iraq from the early Muslim community, of which Abu Hanifah was a part. As such, the interpretive methodology of the Hanafis can be broadly described as favoring reasoning over an uncritical regurgitation of scripture. In more concrete terms, this means allowing reasoning by analogy (''qiyas'') on legal/moral matters where scriptures are absent (the other madh'habs would come to adopt this concept to some degree, but the Hanafis adopted it first and arguably employ it most liberally). Another manifestation of this general preference for reasoning over, say, resorting to relying on [[Hadith | The Hanafi madh'hab is descended from the ''Ahl al-Rai''' (the so-called "partisans of reason") of Iraq from the early Muslim community, of which Abu Hanifah was a part. As such, the interpretive methodology of the Hanafis can be broadly described as favoring reasoning over an uncritical regurgitation of scripture. In more concrete terms, this means allowing reasoning by analogy (''qiyas'') on legal/moral matters where scriptures are absent (the other madh'habs would come to adopt this concept to some degree, but the Hanafis adopted it first and arguably employ it most liberally). Another manifestation of this general preference for reasoning over, say, resorting to relying on [[Hadith|weakly authenticated scripture]] (as the Hanbalis generally do), is the legal principle of ''Istihsan'', or juristic preference. ''Istihsan'' is the practice of favoring an epistemologically and methodologically weaker opinion simply for the sake of "public interest" or ''maslaha''. | ||
As with all the other madh'habs, the views of the Hanafis school changed over time, are internally diverse, and in many instances disagree today with the opinions of its founder, Abu Hanifah. The two most important transmitters of the Hanafi school are Abu Hanifah's top two students, Abu Yusuf and Muhammad al-Shaybani. | As with all the other madh'habs, the views of the Hanafis school changed over time, are internally diverse, and in many instances disagree today with the opinions of its founder, Abu Hanifah. The two most important transmitters of the Hanafi school are Abu Hanifah's top two students, Abu Yusuf and Muhammad al-Shaybani. | ||