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Hanafi Fiqh

Hanafi Fiqh

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Published by: Mujahid Asaadullah Abdullah on Jan 21, 2010
Copyright:Attribution Non-commercial


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A Hanafi Fiqh
is the one who is frugal in this world, desirous of the Hereafter, aperson who has insight into his religion, who is constant in the worship of hisLord, who keeps himself well away from [violating] the characters of and propertyMuslims, and who is an advisor to them." [Hasan al-Basri]
Interest (
 Caliphate Penal Law
- Those doctrinal, practical and dispositional regulations which Allahhas legislated through one of His Messengers.
- The science of extraction of practical religious regulations from theirdetailed sources.Fiqh is the practical implementation of shari`ah through its humanunderstanding.
Differences between the Islamic Shari`ah and Man-MadeSystems of Law
1.Divine origin vs. Human origin.2.Consequences in this world and the Hereafter vs. This world only.3.Development of personal accountability to Allah vs. Mere loyalty to the law4.Absolute criteria providing for the benefit of creatures vs. Popular opinionwhich may or may not be beneficial.
Foundations of the Islamic Shari`ah
1.Consideration of the welfare of the servants, both in this world and theHereafter.2.Connection of regulations to their rationales, and persistence of theregulations in the presence and absence of the rationales.3.Gradual, progressive legislation.4.Preclusion of hardship.5.Establishment of justice. 
Categories of Actions
Fard `AynFard Kifayah(Wajib)
Sunnah Mu'akkadahMustahabb
(Tanzihi)(Makruh Tahrimi)Haram
Branches of Fiqh
Worship (`Ibadat)
Financial Transactions
TradeInterestAdvance-PurchaseManufacturingLeasing& HiringCollateralsPartnershipsCommissioningDebtsGiftsEndowmentsLost & FoundDepositsAgricultureHoarding
Personal Relations
Penal Code
MurderTheftAdulterySlanderHighwayRobberyDrinkingOaths & ExpiationsJudgmentTestimonyCoercion
Primary Sources
Secondary Sources
Consensus (
)Analogy (
Evolution of Fiqh
Fiqh at the time of the Prophet (may Allah bless him and grant him peace).Fiqh in the time of the Sahabah.The four Imams and their schools.Imam Abu Hanifah an-Nu`man ibn Thabit al-Kufi, (80-150 A.H.).Imam Abu `Abdillah Malik ibn Anas al-Yahsubi, (93-179 A.H.)Imam Abu `Abdillah Muhammad ibn Idris al-Shafi`i, (150-204 A.H.)Imam Abu `Abdillah Ahmad ibn Muhammad ibn Hanbal al-Shaybani, (164-241A.H.)Agree on ~ 75% of material.
Necessity of following scholars
The Meaning of Wajib
In the name of Allah, Most Gracious, Most Merciful. All praise is due to Allah, theLord of the Universe. Peace and blessings be upon The Final Prophet and Leaderof the God-fearing, Muhammad, and upon his virtuous Household, his righteousCaliphs and noble companions, his heirs from among the practising scholars, andupon all who follow them in goodness upto the Day of Judgement.Assalamu `alaykumBut the obligarion to recite surah al-Fatihah in salah, or to perform salat al-witr ...are on the other hand classified under wajib, as they are both established in theauthority of hadith whose authenticity is not completely free of doubt.Some clarification is in order here. It is not strictly true that a wajib is based on ahadith whose authenticity is doubtful. In fact, a weak hadith cannot, generally, beused in legislation of rulings (aHkaam). What is more accurate is to say that aWajib, in the Hanafi school, is an obligation which is almost Fard, except thatthere is some (margin of uncertainty, which may occur in the form of counter-evidence, which suggests non-obligatory nature of the deed), and the scholarshave therefore refrained from pronouncing a decisive verdict of "fard" on it.Nevertheless, for purposes of action, a wajib is treated like a fard, in that itshould not be deliberately discarded, and it must be made up if it was missed forsome reason. For this reason, 'wajib' of the Hanafi school is also known as "fard`amali" (i.e. an 'action fard') as opposed to fard i`tiqadi ('belief fard'), the normalfard, which one is required not only to act upon, but also to believe with fullcertainty and conviction that it is without doubt a duty.I will illustrate the meaning of the Hanafi term wajib by reference to the 2examples cited above.
1. Witr
There is no dearth of authentic ahadith about the Witr prayer, the fact that theProphet (may Allah bless him and grant him peace) performed it himself on aregular basis, and that he encouraged others to observe it. There is evidenceindicating that the Witr prayer is obligatory, e.g. the various narrations of thehadith: "Witr is a binding obligation, and so whoever does not perform witr is notone of us." Hafiz Zayla`i has recorded these ahadith, with their sources, in "Nasbal-Rayah". However, Imam Abu Hanifah refrained from pronouncing witr as fard,due to the existence of counter-evidence, e.g. the hadith reported by Bukhari andothers, about the Bedouin who asked the Prophet about the 5 pillars of Islam.When the Prophet told him about the 5 daily prayers, he asked, 'is there anythingin addition to this?' and the Prophet said, 'No, unless you wish to do somethingoptional.' Yet, the Witr is certainly not an ordinary sunnah either, because of thewarnings to those who abandon it, and because of the Prophet's regularobservance of it - the Witr prayer and the 2 sunnah of Fajr are prayers which he

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