Understanding Usul Al-Fiqh by Abu Tariq Hilal - Abu Ismael al-Beirawi

Abu Hanifah al Nu‟man ibn Thabit ibn Zuta (80-150 A.H. / 700-768 C.E.) was born during the Khilafah of Abdul Malik bin Marwan. Imam Abu Hanifah lived through 52 years of Umayyad rule and witnessed the Khilafah of ten Umayyad Khulafa including that of Umar bin Abdul Aziz who ruled when the Imam was 18 years of age.

He also saw 18 years of Abbasid rule, including that of Saffah and Mansoor. He realised that the Ummayyads had no claim on the Khilafah but he did not rebel against them since they were given the Bay‟ah. He also did not speak out against the Abbassids; however, he started doing so when they started harassing the descendants of Ali (ra). Imam Abu Hanifah earned the title of Imam „Aazam (the great Imam). Imam Shafi‟i used to say, “The people in Fiqh are dependent upon Abu Hanifah”.

He was born to a well-known Persian family in Kufah and spent most of his life there. His father was a good friend of Ali bin Abi Talib (ra). The two Sahabah (ra) who established the Kufah School were Ali bin Abi Talib (ra) and Abdullah bin Mas‟ood (ra). They taught Tabi‟een like Shurayh, Arqam bin Qais, Masjood bin al-Ajdah. They in turn taught Ibraheem An-Nakha‟ee, Ash-Sha‟bee. These two taught Hammaad Ar-Raawiyyah, who served as the teacher of Imam Abu Hanifah. Abu Hanifah studied with Hammaad for 18 years and took over his study circle (halaqah) after Hammaad‟s death in 120 A.H. Abu Hanifah also studied from Imam Jafar as-Sadiq.

Abu Hanifah‟s two most famous students were Muhammad bin al-Hasan al-Shaybani, and Qadi Abu Yusuf, who served as Chief Justice in the time of Haroon ar-Rashid and wrote the famous book called Al-Kharaj which detailed the Economic system in Islam. Each of Abu Hanifah‟s students developed into Mujtahids in their own right, with the ability of developing their own Usul al-Fiqh. However, they kept the Usul of Abu Hanifah and were considered Mujtahids of the Madhab of Abu Hanifah.

Abu Hanifah was a trader by profession, specialising in silk. In his early life he studied „Ilm ul Kalaam, but abandoned it afterwards. Once he heard his son Hammaad, debating in „Ilm ul Kalaam, he discouraged him from doing so. His son asked him why he was prohibiting him when he himself used to debate in „Ilm ul-Kalaam. Abu Hanifah replied that he used to debate in „Ilm ul Kalaam while being afraid that others would be wrong in an issue. Whereas you are debating with the hope that your opponent would be wrong in an issue in order to exploit his mistake. He who wants his opponent to make a mistake in „Ilm ul Kalaam means that he wants him to be a Kafir („Ilm ul Kalaam deals with the issues of the „Aqeedah), and he who wants his opponent to be a Kafir will become a Kafir before his opponent. So do not debate in „Ilm ul Kalaam.

Abu Hanifah wrote many books, and his students also authored many important books on Islam. The books of Abu Hanifah include Fiqh ul-Akbar and Al „Alim-wal-Muta‟allim.

Some of the famous books of those who followed his Madhab include, but are not limited to the following:

• Al Kharaj (Fiqh on Islamic Economic System) by Qadi Abu Yusuf.

• Al Mabsoot by As-Sarkhasee (Fiqh)

• Bada‟ee as-Sana‟ee by Al-Kasaanee (Fiqh)

• Fathul Qadeer by Kamal ibn Humam (Fiqh)

• Kitab-ul Usul-ul Fiqh by Al Bazdawee (Usul al-Fiqh)

• Kitab-ul-Aathar by Yusuf bin Abu Yusuf (Hadith)