The Story of Abu Hanifa

A Dramatisation for Audio Presentation
Based on the works of Muhammad Abu Zahra

Part 1 

Introduction

VOICE

Bismillahirrahmanirrahim

STORYTELLER

Let us begin with the Name of the One God, All-Merciful, Most-Merciful.

It all started with Adam, the one soul from which we all sprang - the Way that is. The Way for humankind to follow on the journey between life and death; a Way through a life of choices between right and wrong, a way that wouldn’t always prove easy.

From the beginning there were problems, so when God said to the angels,

“I am setting a viceroy on the earth” they said, “What, will you set there one who will corrupt, and shed blood, while We proclaim Your praise and call You Holy?” God said, “Surely I know what you know not.”

And when God said to the angels: “Bow yourselves to Adam”; they bowed themselves, except Iblis - he was not one of those that bowed. Said God, “What prevented you from bowing yourself, when I commanded?” Said he,

“I am better than he is; You created me of fire, and you created him of clay.” Said God, “Go down out of this; it is not for you to be proud here. Leave; surely you are among the humbled.” Said he, “Grant me a reprieve until the day they are raised up.” Said God, “You are among the ones that are reprieved.” Said he, “Now, for Your perverting me, I will lie in ambush for them on Your straight path; then I shall come on them, from before them and behind them, from their right and from their left; You will not find most of them thankful.”

And so we seek God’s protection from the one who misleads us. 

VOICE

Auzu billahi min ash-Shaitan ir-rajim.

STORYTELLER

All praise belongs to the One God, the Lord of the Worlds, All Merciful and Most Merciful Master of Judgement Day, Who alone is to be worshipped and entreated. Let us be shown the straight Way of those who are blessed, not living in anger, or lost and astray.

Much has changed since Adam, but some things stay the same, and will do so until the end of time. And some things are different each time with the telling, and stories of Adam and the Ancients are like that. Sometimes storytellers try to imagine just a little of what it was like, and invent a few things to make the story interesting. So they say “Once upon a time, there was, or there was not”, and this story is like that, beginning with Adam, which, as you can imagine, was a very, very, very long time ago.

And with Adam began the straight way of living in submission. A way of distinguishing truth from falsehood, right from wrong, serving the will of God in what is good for us, serving the One who is All-Merciful, Most-Merciful. The way of life that is the deen of living in Islam.

And that deen spread with the children of Adam and took on a variety of tongues and colours as those children wandered on their individual by-ways. Some chose some very remote and strange paths, but through them all stretched one main road of shared understanding, a road which can be traced back to creation, a road we call the Shari’a, remembering mankind’s fall and our need to distinguish good from bad and choose the good.

And defining the parameters of good and bad, the laws of personal and communal behaviour, formalising and systematising the purpose and the process, we have the science that in the world of Islam we know as fiqh.

As the Way passed through a myriad times and places, being passed from old to young, God sometimes gave mankind reminders, the original message sometimes needing to be re-expressed to a forgetful humanity, the good news and the warning, and how to distinguish corruption from the good. Some of those God chose to voice the message were preferred above others, to some God spoke directly, and some were raised in rank. Some reminded of the ancient way, and others were called on to redefine it.

VOICE

Children of Adam! If there should come to you Messengers from among you, relating God’s signs, then whoever is godfearing and makes amends, no fear will be upon them, neither shall they sorrow. Indeed, God sent Messengers with the clear signs, and sent down with them the Book and the Balance, so that mankind might uphold justice.

STORYTELLER

It is God who sends down the remembrance and watches over it, though not one Messenger came to the ancients without their being ridiculed. Yet God has written “I shall surely be victorious, I and My Messengers.”

VOICE

And Noah, when he called out before, and We answered him, and delivered him and his people from their great distress, and We helped him against the people who rejected Our signs; surely they were evil people, so We drowned them, every one.

VOICE

And when Abraham said to his father and his people “What are these statues to which you are clinging?” they said “We found our fathers serving them.” He said “You and your fathers are clearly misguided.” He said “Do you worship instead of God, what can’t help or harm you in any way? Shame on you and what you worship besides God. Do you have no understanding? They said “Burn him and support your gods if you are resolved to do anything.”

VOICE

We said “Fire, be coolness and peace for Abraham.” They wanted to trap him but We made them the losers, and we delivered him, and Lot to the land that We had blessed for all beings. And in addition We gave him Isaac and Jacob, and made both of them righteous, and made them leaders, guiding by Our command, and revealed to them how to do good deeds, and perform the prayer, and pay the alms, and Us they served.

STORYTELLER

So who shrinks from the religion of Abraham, except they be foolish-minded?

VOICE

And mention in the Book Ishmael, he was true to his promise, and was a Messenger and a Prophet. He commanded his people to pray and give the alms, and he was pleasing to his Lord.

VOICE

And to Lot We gave judgement and knowledge; and We delivered him from the city that had been doing deeds of corruption; they were an evil people, truly ungodly. We admitted him into Our mercy; he was one of the righteous.

VOICE

And We established Joseph in the land that We might teach him the interpretation of stories. God prevails in his purpose, but most men know not. And when he was fully grown, We gave him judgement and knowledge. Even so, we reward those who do good.

VOICE

And We gave Moses and Aaron Discrimination and a Shining Light, and a Reminder for the godfearing; those who fear their Lord in the Unseen, trembling with apprehension for the final Hour.

VOICE

And David and Solomon, We gave each of them judgement and knowledge. And We subjected the mountains to give glory to David, and also the birds. This is something We can do. We taught him the art of making garments for you to protect against each other’s violence. But what thanks do you show? And to Solomon we gave the wind, strongly blowing, speeding at his command towards the land that We had blessed; and We had knowledge of everything.

VOICE

And Job, when he called out to his Lord “Great harm has afflicted me and You are the Most Merciful of the merciful.” So We answered him, and removed the affliction that was upon him, and restored his family to him, and the same again with them, as a mercy from Us and a Reminder to those who serve.

VOICE

And Zachariah, when he called out to his Lord “O my Lord, do not leave me on my own, though You are the best of inheritors.” So We answered him, and gave him John, restoring for him his wife’s fertility. They outdid each other in good actions, calling out to Us in yearning and in awe, humbling themselves to Us.

VOICE

And Mary, she who guarded her virginity, we breathed Our spirit into her, and appointed her and her son to be a sign for all the worlds. Surely this community of yours is one community, and I am your Lord; so worship Me.

VOICE

And whoever does deeds of righteousness, being a believer, their efforts will not go without thanks. We Ourselves write it down on their behalf.

STORYTELLER

Say “We believe in God, and in that which has been sent down on us, and sent down on Abraham, Ishmael, Isaac and Jacob and the Tribes, and that which was given to Moses and Jesus, and the Prophets of their Lord. We make no division between any of them, and to Him we surrender.”

Part 2

The Ummah from Muhammad to Abu Hanifa

STORYTELLER

Then, just over fourteen hundred and thirty years ago was born a child who gave the world a new example of the way to live God's will. And when this child grew to be a man, it was realised that he also was a Messenger of God who would change history. His name was Muhammad, the Seal of the Prophets, may God's Mercy, peace and blessings, be associated with his name. And the reputation of the Prophet spread like wildfire in his lifetime, and after his death his story was passed on from father and mother, from grandfather and grandmother, to the generations that followed.

(A murmuring of children being hushed eventually to silence)

GRANDFATHER

You know, my children, I have told you stories of the life of our Holy Prophet, how he showed his generosity and his wisdom, and was so renowned for honesty in his community that they called him Muhammad the Trustworthy.

GRANDMOTHER

And how the angel came and gave him God's Message, the words of which we know as the Glorious Qur'an. And how he spoke those words to the people around him, and taught a new form of worship, and reminded them of an old way of understanding the meaning of life.

GRANDFATHER

And so the number of his followers grew despite their persecution by those who could bear no criticism of the error of their ways, until eventually the people of Yathrib invited him to join them along with his followers, for him to lead their community, establishing a city of believers, men and women doing their best to live their lives according to the way of Islam.

GRANDMOTHER

But this community had no established legal system, no judges and no schools of law. The people depended on Muhammad for legal decisions, while the Prophet himself depended on the Message of the Qur'an.

GRANDFATHER

Of course, Muhammad wasn't always available when these early Muslims had to make decisions, and in those situations they would look to the words of the Qur'an, interpreting them in the light of the Prophet's comments or life example, or they would base their judgements on their best understanding of the principles of Islam as they understood them.

GRANDMOTHER

They knew that all the complexities of human behaviour could never be reduced to a simple set of rules, that minimum standards of behaviour might be permitted though not necessarily preferred, or actions might be preferred but not compulsory. Just as prayer had its essential elements yet also left room for individual expression, the rules of human conduct are rarely prescribed as detailed laws in the Qur'an.

GRANDFATHER

In fact, only about two hundred of the 6236 Qur'anic verses can really be described as legal prescriptions, with most of those from chapters 2 and 4 and concerning the laws of  inheritance. Even the rules of the pillars of Islam, such as the prayer, are not defined within its chapters. The Qur'an does not call itself a book of law, but a book of guidance.

GRANDMOTHER

What it does make quite clear are those first principles of human behaviour we can see reflected in the lives of all the Prophets, such as Mercy and Compassion, Honesty and Generosity, all of which come together in what we know as Justice.

GRANDFATHER

And God says "Do not say, as to what your tongues falsely describe, 'This is lawful and this is forbidden'". "And God is the Most Just of Judges", says the Qur'an.

STORYTELLER

But then the Prophet died, and everything changed. The fledgeling Muslim community had to find a way to continue without his undisputed religious and political authority, and old tribal and personal rivalries very quickly led to dissension, dispute, and ultimately civil war. Let's see if our war correspondent can shed any light on the details of these conflicts.

WAR CORRESPONDENT

(The War Correspondent has an urgency of speech, and sounds as though being transmitted via satellite or mobile phone from a windy place)

Well, I'm afraid that there's so much going on in these early years that it's just too complicated to deal with in a few short words. Immediately after the Prophet died there were uprisings against central rule from Madina in several different parts of Arabia and they needed to be quelled. Some groups were simply reclaiming tribal independence, some refused to pay the zakat, and some were led by people making claims to prophethood in imitation of Muhammad. These were known as the 'wars of apostacy', and in the worst of these, against Musaylimah, it is said that up to two and a half thousand Companions were killed.

STORYTELLER

That sounds as if it was quite a problem for those the Prophet left behind.

WAR CORRESPONDENT

Indeed it was. Much of the two years of Abu Bakr's reign as Caliph was spent dealing with such revolts, although the Prophet's Futuhat to surrounding regions was also continued, with campaigns against the Byzantines in Jordan and Syria, and against the Persian empire of the Sassanids in Iraq. During the time of Caliph Umar, these campaigns were continued and Damascus and the whole of Syria were brought under Muslim rule, as well as Palestine (including, eventually, the first qibla - Jerusalem) and Iraq. It was not long before the whole of Persia followed, while in the south the Byzantine army was driven out of Egypt.

Under Caliph Uthman, the borders of the Muslim world were extended beyond Kabul in the east and Tripoli in the west, while the creation of a formidable navy challenged Byzantine sea power, making possible the capture of Cyprus and Rhodes. Then, with the accession of Ali ibn Abi Talib to the Caliphate, the Muslim community faced a kind of battle that they had never faced before. Only twenty four years after the death of the Prophet, the community succumbed to civil war, and Muslims died in combat at each other’s hands. The Muslim world would never be the same again.

STORYTELLER

How do you mean?

WAR CORRESPONDENT

Well, from this time onwards, the Muslim community would always be at war with itself to a greater or lesser extent. The years that followed saw battles between Muawiya and Ali, between Ali and the Kharijite seceders, and eventually even the slaughter of the Prophet’s grandson Hussain by the army of Yezid, the son of Muawiya, all in the name of rightful inheritance of leadership of the Prophet’s community. Nonetheless, whatever the power politics involved, in the next thirty years the new empire extended as far as Spain in the west and China in the East.

STORYTELLER

Which brings us back to our subject, for when Tariq ibn Ziyad crossed the sea from Tangier to take Gibraltar and Spain, the young Abu Hanifa in Iraq was just twelve years old.

Part 3

Early Life and Times of Abu Hanifa

STORYTELLER

Abu Hanifa was born into a rapidly changing Muslim world, just a few decades after the death of Muhammad. This new Muslim community was still trying to come to grips with the monumental transformation in human understanding that had taken place during the life of the Prophet, and endeavouring to find ways to live out their deen as Islam spread from one region and culture to another. Perhaps we should learn a little more about his life and times by consulting with his biographers.

BIOGRAPHER #1

Well, according to most sources, Abu Hanifa was born in Kufa, Iraq, when 'Abdu'l-Malik ibn Marwan was khalif, in the year 80 Hijri, and he lived until the age of 70. His father was Thabit ibn Zawti al-Farisi, a Persian, a wealthy silk-merchant, and a good Muslim who met ‘Ali ibn Abi Talib as a child. In Kufa, the young Abu Hanifa was educated and lived most of his life.

BIOGRAPHER #2

It seems that Abu Hanifa followed his father's occupation, drawn to the market before he was drawn to scholarship.  But like most wealthy city dwellers of the time, he memorised the Qur'an, learning recitation from Imam 'Asim, the source of one of the seven Qira'at.

BIOGRAPHER #1

Iraq was home to many different religions, and sects, and while still in his youth Abu Hanifa debated and argued with people of widely ranging views.  But he spent more time on commerce, going to the markets rather than visiting scholars, until one day a scholar named ash-Sha'bi noticed his intelligence and suggested that he shouldn’t devote himself entirely to trade, but spend time with the scholars as he did with the markets. After ash-Sha'bi's advice, Abu Hanifa turned to knowledge and studied literature and grammar, kalam and the fundamentals of dogma, Qur’an and hadiths, before finally settling on the study of fiqh. He said:

MALE VOICE

"I was a man given to debate in kalam and spent some time indulging in it. As the people of debate and disputation mostly lived in Basra, I went there and argued with the Ibadites, Sufrites and other Kharijite sects. 

I considered kalam to be the queen of the sciences.  I used to say that kalam was the basis of the deen. Then, after a considerable part of my life had been spent involved in it, I reflected and realised that the Companions of the Prophet and the Tabi'un knew as much as we know and had more capacity, more understanding and better knowledge of the truth of matters.  But they did not have arguments about it and did not delve into it.  I saw them dealing with laws and areas of fiqh and speaking about such matters.  That was what they sat to learn and that was what they used to teach people.  They gave fatwa and were asked for fatwa concerning matters of fiqh. When their mode of behaviour became clear to us, we left debate, argument and delving into kalam, and confined ourselves to the basic knowledge of fiqh.”

BIOGRAPHER #2

But his arguments on dogma had sharpened his intellect, and after that, his thinking was further refined by the debates he had about fiqh in the places to which he travelled - Makka, Madina and all the areas of the Hijaz where there were debates about fiqh.  He learned hadiths which he did not know before, aspects of analogy which perhaps he had not thought of, and the fatwas of the Companions.

BIOGRAPHER #1

His independence of thought prevented him from losing himself in others' opinions.  His shaykh recognised this quality in him and used to encourage him not to accept any idea without examining it first.  His independent thought made him see things as a free person, not subject to anything except for a text of the Book or Sunna or a fatwa of a Companion. 

BIOGRAPHER #2

He continued to be involved in commerce throughout his life, a perfect example of an upright merchant, but he did have a partner who saved him from having to go to the markets, allowing him to continue to seek knowledge, teach fiqh and transmit hadith. Abu Hanifa’s business experience proved advantageous in law, however, as he could discuss commercial transactions, rules of behaviour and judgements related to them, with familiarity and understanding.

BIOGRAPHER #1

Abu Hanifa lived for fifty-two years under Umayyad rule and eighteen years under the Abbasids.  He knew the Umayyads both when they were strong and when they were in decline, and he knew the Abbasid state during its missionary stage in Persia, and when it defeated the Umayyads and wrested sovereignty from them, but during the revolutionary movements of his time, it was clear that his heart was with the 'Alawites, both when they rebelled against the Umayyads, and then later against the Abbasids.

BIOGRAPHER #2

In fact, for religious scholars, there was little difference between the end of the Umayyad era and the beginning of the Abbasid era, because the Abbasid period grew out of what existed under the Umayyads.  One flowed into the other, and the scholarly and social spirit which dominated each era came from the community at large, not from the government.

STORYTELLER

Well, if scholarship was seen as the responsibility of the community, rather than being imposed by those in power, it would perhaps also be informative to find out about those people in the community from whom Abu Hanifa drew guidance.

Part 4

Teachers and Sources

STORYTELLER

After the death of the Prophet, the fuqaha of the community can be seen as dividing into two basic groups, one renowned for opinion and the other for hadith. The need for opinion arose because the situations that arise out of daily life are endless, and as texts are limited it is not possible to find a text for every situation. So ijtihad and analogy must be used to bring all of life within the compass of the Shari’a.

But this left those that followed the Prophet with a decision to make as to the basis of forming their judgements, and many preferred to give decisions according to their own opinions and bear the responsibility for that if they were wrong, rather than possibly misreport something that the Prophet said or did. Others criticised those who gave fatwas based on opinion, saying that such judgements made things lawful or unlawful with no authority.

Variety of legal opinion also grew with the death of Caliph ‘Umar, when many of the great Companions left Madina and emigrated to the outlying areas of the rapidly expanding Muslim world, each adapting to the customs of their region and dealing with the particular problems that troubled it. So the schools of thought grew wider apart, and in particular with regard to the extent of the use of opinion. For example, the adherents of tradition only used opinion when absolutely necessary and didn’t extrapolate judgements to speculative situations, whereas the people of opinion would not confine themselves to immediate problems, but also gave judgement on hypothetical questions.

Let us hear a little of those from whom Abu Hanifa drew precedent, information and inspiration.

BIOGRAPHER #1

During his life, Abu Hanifa sat with many great shaykhs of widely ranging points of view and persuasion. They were by no means only people of opinion. Some were hadith scholars, and some taught the fiqh of the Qur’an drawn from the knowledge of ‘Abdullah ibn ‘Abbas.

BIOGRAPHER #2

Abu Hanifa met several Companions who were still alive while he was young.  He met 'Abdullah ibn Abi Awfa, Wathila ibn al-Asqa', and Sahl ibn Sa'id, all of whom died between 85 and 88 Hijri. He also met Anas ibn Malik, who died in 93, and Abu't-Tufayl ibn Wathila, the last Companion to die in the year 102.

He studied with a number of the Tabi'un and learned their fiqh when he was of an age which allowed learning and transmission.  Some were known for transmission, such as ash-Sha'bi, and many were famous for opinion.  He learned from 'Ikrima, the transmitter of the knowledge of Ibn 'Abbas, from Nafi', the bearer of the knowledge of Ibn 'Umar, and 'Ata' ibn Abi Rabah, the faqih of Makka, with whom he had a lengthy relationship. He said, "I learned the fiqh of 'Umar, the fiqh of  'Ali, the fiqh of  'Abdullah ibn Mas'ud and the fiqh of Ibn 'Abbas from their companions."

BIOGRAPHER #1

About the year 102, Abu Hanifa began to study with Hammad ibn Sulayman, the shaykh of Iraqi fiqh in that time, and he sat with Hammad as his student for the next eighteen years until the shaykh died. Hammad grew up in Kufa, and studied fiqh there with Ibrahim an-Nakha'i and ash-Sha'bi, both of whom had studied with Shurayh, 'Alqama ibn Qays and Masruq ibn al-Adja, teachers who drew their fiqh from the Companions 'Abdullah ibn Mas'ud and 'Ali ibn Abi Talib. Ash-Sha'bi's methods tended to follow those of the people of tradition, but it is clear that Hammad's approach to fiqh was closer to the methods of Ibrahim, who was a proponent of the fiqh of the people of opinion. It is said that the source of Hanafi fiqh can be found in the pronouncements of Ibrahim an-Nakha'i.

BIOGRAPHER #2

But although devoted to the teachings of Hammad, it is clear that Abu Hanifa also studied with many other shaykhs with different intellectual traditions and qualities, learning the fiqh of the whole muslim community. He studied with the Shi'ite Imams, spending two years with Imam Zayd ibn 'Ali Zayn al-'Abidin, who had extensive learning in many areas of Islamic knowledge. He died in 122 Hijri. Abu Hanifa also met Imam Zayd's brother Muhammad al-Baqir, another Shi'ite Imam, and had an even stronger connection with his son, Ja'far as-Sadiq. Although they were the same age, scholars also consider Ja'far to be one of Abu Hanifa's shaykhs.

BIOGRAPHER #1

He also studied with the Shi'a 'Abdullah ibn al-Hasan, who was ten years older than himself. 'Abdullah was a very devout man, well respected for his hadith transmission, who was honoured by 'Umar ibn 'Abdu'l-'Aziz, as well as as-Saffah at the beginning of the Abbasid period, but he was treated cruelly by al-Mansur when he came to power, and died in prison along with most of the rest of his family.

BIOGRAPHER #2

Abu Hanifa was also happy to have discussions with scholars of a variety of different sects, even those who were considered to be of quite extreme persuasions. He studied various intellectual matters with Jabir ibn Yazid al-Ju'fi, for example, who believed that the Prophet, 'Ali, and the various Imams would one day return from the dead, even though he considered his beliefs to be deviant. Nonetheless, he forbade his students to sit with him, being afraid that the power of Jabir's intellect might seduce them into following his false views.

STORYTELLER

Clearly Abu Hanifa was surrounded by a vast array of conflicting and sometimes quite extreme opinions in Kufa, and passionate argument would have been rife around the mosques and markets. To understand the context of the development of his thoughts, we really need to eavesdrop on what was being said.

Part 5

Contemporary Perspectives

STORYTELLER

(Whispering like David Attenborough surrounded by wildlife, but with the surrounding sounds being the murmur of human discussion and argument)

In the winding streets of Kufa it is possible to hear all manner of different opinions. Obviously, as the one time political power base of the khalif ‘Ali ibn Abi Talib, Kufa stands at the centre of many of those viewpoints that come under the umbrella term of Shi’a. The Shi’a ‘Ali took on a distinctive identity at the end of the reign of ‘Uthman, when the Muslim community was riven with disagreement concerning the nature of possible inheritance of the Prophet’s political leadership over the community.

The initial standpoint of the Shi’a was based on the opinion that the khalifate was a matter not to be decided by the community as a whole, but by appointment, as it is understood that God will protect the khalif from wrong action in the leadership of his community. The Shi’a maintain that ‘Ali was the best of Companions, and was specifically chosen by the Prophet to be his khalif, and that his authority was passed on to a succession of true Imams, though there is disagreement as to the number.

The devotion to ‘Ali was to lead some people to views that most Muslims would consider extreme and untenable, however.

(Opinions of speakers are sometimes spoken and sometimes shouted as from a soapbox on Speaker’s Corner)

SPEAKER #1

Brothers and sisters, I tell you that our beloved ‘Ali was not just a khalif, but a prophet in his own right!

SPEAKER #2

You fool, beloved ‘Ali was more than a prophet. In him, God became man, and through him incarnated in his sons, and when they died that divinity then transmigrated to the Imams that came after them.

STORYTELLER

Quite a long way from mainstream Muslim opinions you must admit.

SPEAKER #3

Brother, I assure you that ‘Ali did not die, he remains alive and well, and will ultimately reveal himself to us again.

STORYTELLER

That sounds like a Sevener.

SPEAKER #4

My friend, despite his greatness it is not true that ‘Ali did not die. You are confusing his story with that of the twelfth Imam, Muhammad ibn al-‘Askari, the one we call al-Mahdi. It is he who when they tried to arrest him entered the cellar of his house and disappeared, to emerge at the end of time and fill the earth with Justice.

STORYTELLER

Now that is probably a Twelver Shi’a, but with so many different sub-groups with their own specific beliefs and allegiances, it is important not to categorise and classify individuals without establishing what they truly believe. There are Saba’ites, followers of ‘Abdullah ibn Saba’, who declared that Muhammad will return to life, and Kaysanites, followers of al-Mukhtar ibn ‘Ubayd ath-Thaqafi, believing in reincarnation.

There are those who in the strength of their devotion to ‘Ali will curse Abu Bakr, ‘Umar and ‘Uthman, despite their closeness to the Prophet, whereas the Zaydites, followers of Imam Zayd ibn ‘Ali, although declaring ‘Ali to have been the best of Companions recognise that the khalifate went to Abu Bakr for a benefit that the Companions perceived and in order to preserve the religious principle of suppressing seditions. They recognise that at the time of the Prophet’s death, people would surely have still resented ‘Ali because so many families had suffered losses by his sword.

Now here’s an interesting branch of the Imamites, the Batiniya or Isma’ilis.

SPEAKER #5

Friends, we accept, do we not, that the Imamate is passed on by designation, yet is it not true that Ja’far designated his son Isma’il to be Imam. So even though Isma’il died before his father, the lineage of the imamate must continue through his descendants, though their Imamate may have been concealed from the generality.

STORYTELLER

What makes the Isma’ilis particularly interesting is that ‘Abdullah al-Mahdi, who gained control over North Africa, springs from Isma’il’s lineage, and from him we derive the Fatimid dynasty.

SPEAKER #6

Judgement belongs to God alone! Judgement belongs to God alone! Ours is the way. Those who follow a different path are liars and deviators.

STORYTELLER

Now this has to be a Kharijite, very different to the Shi’a.

SPEAKER #6

I tell you that the khalifate can be bestowed on any man. There is no need for any connection to the lineage of ‘Ali or Muhammad, or any need to be a member of any tribe, like the Quraysh, or even for the khalif to be an Arab. In fact, better for the khalif to have no partisanship, as if he wanders into error or deviation it is essential that the khalif be deposed or killed. The khalif is just an ordinary man, not necessary to the Muslim community unless for public welfare, and like ordinary men, those who commit wrong action are unbelievers whether that wrongdoing is intentional or not. Thus it was that ‘Ali, through the act of agreement to arbitration with Mu’awiya became an unbeliever and deserved the punishment of death.

STORYTELLER

Indeed, it was a Kharijite that murdered ‘Ali for just that reason, but we can also find groups with much less aggressive viewpoints. Take the Murji’ites, for instance.

SPEAKER #7

Brothers and sisters, it is not our task to pass judgement on who God considers to be a believer. Once a person has made the Shahada, their actions will be judged by God, Who can forgive all sins other than disbelief.

STORYTELLER

Some used the term Murji’ite for all those who didn’t think that someone who committed a major sin would be eternally in the Fire, but would be punished for a time and then forgiven. Which is why Abu Hanifa was sometimes called a Murji’ite, due to some of his statements such as ‘Belief is affirmation of the heart and does not increase or decrease’.

Another group that distinguish themselves through an aspect of theological belief are the Jabarites.

SPEAKER #8

Friends, we all accept that mankind has been created by God, so think about it, mankind’s actions are also God’s creation. Clearly, in reality, we have no power of our own, and ultimately we have no choice beyond God’s will. God controls our actions, just as He does the flow of a river and the sun’s rising and setting. Without doubt our reward and punishment are predetermined.

STORYTELLER

This and other views attributed to the Jabarites were already widespread by the time of Abu Hanifa, but there was one group established in the Umayyad period that rises to prominence above all others in the Abbasid era and dominates Islamic thought for many years. They are the Mu’tazilites, and their school has various clear tenets.

SPEAKER #9

Firstly, understand that God has neither body nor spirit, no form or shape, colour, taste, smell or tactility, height, width or depth. Eyes cannot see Him, sight cannot perceive Him, imagination cannot encompass Him. We must therefore accept the impossibility of seeing God on the Day of Resurrection.

Next know that God takes charge of every good action and is free of every evil action. Had He so willed, He could have compelled creation to obey Him, but He did not do that.

Also understand that God repays all who do good with good, and all who do evil with evil, and does not forgive those who do wrong actions if they do not repent. The fire will be alleviated for those wrongdoers who believe, however, for the Shahada exists within them.

It is an obligation for all believers to spread the word of Islam, guide the misguided, and direct those in error as much as they can by means of both explanation and the sword. All things are intelligible to the intellect, and by the intellect all things must be examined. Beauty and ugliness are two essential qualities of good and evil.

STORYTELLER

In explaining their doctrines, the Mu’tazilites rely on reason and not transmission. They rely on the intellect, restricting its scope only when it is a question of the commands of the Shari’a. To the Mu’tazilites, every question is subject to logic, and the illogical is to be rejected.

But enough of other views, let us consider the opinions of Abu Hanifa.

Part 6

The Opinions of Abu Hanifa

(Applause from studio audience)

STORYTELLER

Well, here we are with our panel of experts. Could we have the first question please? Yes, what would you like to ask?

QUESTIONER #1

Would you say that Abu Hanifa was a Shi’a.

EXPERT #1

Well, certainly he was biased in favour of the descendents of 'Ali and Fatima and was almost martyred for his support of them, though he did not participate in the 'Alawite rebellions, confining himself to verbal support in his lessons.  There is no doubt that Abu Hanifa had Shi'ite leanings but they did not go beyond that. 

EXPERT #2

Abu Hanifa did not have the kind of Shi'ite perspective which blinds a person to perceiving the virtues and ranks of the Companions as a whole.  He ranked Abu Bakr and 'Umar before 'Ali, and he mentioned his own esteem and veneration for the taqwa  of Abu Bakr and tried to emulate him in his generosity and trading practice.  He had a silk shop in Kufa as Abu Bakr had a silk shop in Makka.  He placed 'Umar after Abu Bakr but he did not put 'Uthman before 'Ali.

EXPERT #3

His son Hammad said, "We love 'Ali more than 'Uthman." But in spite of his preference for 'Ali, he did not curse 'Uthman.  He prayed for mercy on him when he was mentioned and may have been the only person in Kufa to do so. Abu Hanifa believed that 'Ali was always in the right but did not attack or abuse his opponents. It is also clear that he thought that the khalifate should go to the descendants of 'Ali and Fatima and that those khalifs contemporary with him were usurpers.

STORYTELLER

I hope that answers you. Could we have the next question please?

QUESTIONER #2

What were his ideas about Faith, or  Iman?

EXPERT #2

Abu Hanifa said "Faith is affirmation and confirmation." He said that Islam is submission and obedience to Allah's command.  Linguistically, there is a difference between faith and Islam, but there is no faith without Islam and no Islam without faith.  They are like the outward is to the inward. The deen is the name given to faith, Islam and the laws of the Shari'a

So Abu Hanifa did not consider faith to be pure affirmation by the heart alone.  He thought that its reality was confirmation by the heart and affirmation by the tongue. 

EXPERT #1

Abu Hanifa said, “In His Book, the Almighty says: ‘When they listen to what has been sent down to the Messenger, you see their eyes overflowing with tears because of what they recognize of the Truth. They say, ‘Our Lord, we believe! So write us down with the witnesses. How could we not believe in God, and the truth that has come to us, when we long for our Lord to include us among the people of righteousness?’ God will reward them for what they say, with Gardens with rivers flowing under them, remaining in them timelessly, forever. That is the recompense of all good-doers.' So He connected the Garden to both recognition and word and made the believer someone with two limbs: the heart and tongue. Then Abu Hanifa stated, 'If words had not been necessary and mere recognition adequate, Allah would not have mentioned verbal articulation."'

STORYTELLER

Could we discuss this a little more? Faith is a very important topic, after all.

EXPERT #3

Abu Hanifa divided faith into three, saying that someone who believes with his heart, affirming it in himself, is a believer with God, even if he is not a believer with people.  He said "Faith is recognition, affirmation and declaration of Islam.  People are in three stages in respect of affirmation: some affirm Allah with heart and tongue; some affirm with the tongue and deny with the heart; and some affirm with the heart and deny with the tongue.  As for the person who affirms God and what has come from the Messenger with his heart and tongue, he is a believer with God and with people.  If someone affirms with his tongue and denies with his heart, he is an unbeliever with God and a believer with people because people do not know what is in a person's heart.  The other is a believer with God and an unbeliever with people.  This is the one who displays disbelief on his tongue through taqiyya."

EXPERT #1

As we see, the school of Abu Hanifa affirms that action is not part of faith. Abu Hanifa did not believe that faith increases and decreases. He said, "The faith of the people of earth and the people of the heavens is the same; and the faith of the first and the last and the Prophets is the same because we all believe in God alone and affirm Him, even if there are many different obligations.  All of us believe in what the Messengers believe, but they have a better reward than we do for faith since they are better in actions.  This does not wrong us because it does not diminish our due.  It increases our esteem for them because they are the models for people and the trustees of God.

EXPERT #2

Abu Hanifa did not consider those who disobey the Shari'a to be unbelievers since they have their basis of faith.  The disobedient are believers who have a mixture of righteous and evil action, and perhaps God will turn to them. Imam Malik agreed with Abu Hanifa on this matter. They are subject to the will of Him who will punish them in the Fire if He wills and forgive them if He wills.

STORYTELLER

Well, I think we have covered that fairly thoroughly. Can we have another question please?

QUESTIONER #3

Could you tell me what did Abu Hanifa have to say about the issue of Qadar?

EXPERT #3

When the Qadarites came to argue with Abu Hanifa about qadar, he said, "Do you not know that someone who looks into qadar is like someone who looks into the rays of the sun: the more he looks, the more his confusion increases.  But you do not stop at this point.  You carry on until you equate the decree and justice.  How is it that Allah decrees all things and they happen according to His decree and yet people reckon that what happens is by their own actions.' They said to him, "Can any of the creatures bring about in the kingdom of Allah something he did not decree?" "No," he replied, "but there are two aspects to the decree: command and power.  He decided for them and decreed unbelievers but did not command it, and indeed forbade it.  There are two commands: the existential, which is when he commands a thing to be, and the command of Revelation."

EXPERT #2

Abu Hanifa's intellect was remarkable for his profound thinking, analysis, and ferreting out the motives and reasons for all actions and matters which he examined.  He went to markets, traded, dealt with people and studied life as he studied fiqh and hadith.  He debated dogma and political methods.  For that reason, he had exact views regarding thought, ethics and behaviour and on how a person should behave.

EXPERT #1

Abu Hanifa thought that righteous actions must be based on sound knowledge. He said "Know that action follows knowledge as the limbs follow the eyes.  A little action with knowledge is far more beneficial than a lot of action with ignorance.  In the desert a little provision with guidance is more useful than a lot of provision without it.  That is like what the Almighty says.  ‘Say: ‘Are they the same – those who know and do not know?’ It is only people of intelligence who pay heed.'

STORYTELLER

And with that, I think we should draw things to a close. Those who need more information would perhaps do best to consult the original literature. Thank you all.

(Applause from studio audience)

Part 7

The Librarian

STORYTELLER

If we want to find out about Abu Hanifa’s judgements, I suppose the best place to go would be a library.

(Creaking door, echoing feet, echoing voices)

THE LIBRARIAN

Sshh!

STORYTELLER

I’m sorry

THE LIBRARIAN

Can I help you?

STORYTELLER

Yes. I’d like to know what books you have by Abu Hanifa about his legal opinions.

THE LIBRARIAN

Oh, I’m afraid he wrote down very little, but that was a very common attitude during Abu Hanifa’s time. In fact, there were mujtahids in the time of the Companions who would never allow the Sunnah, let alone their fatwas, be written down for fear that it might be confused with the Qur’an. But eventually, scholars felt the need to write down traditions to preserve them, and by the end of Abu Hanifa’s life it was common to find collections of the Sunna as well as fatwas and fiqh, and Abu Hanifa’s son Hammad even made such a collection. These collections were more like private notes than books organised into chapters for the general public, however.

STORYTELLER

And he never wrote down anything himself?

THE LIBRARIAN

Well, there are a few books ascribed to him, such as the small treatise called “al-Fiqh al-Akbar”, and the “Treatise of the Scholar and Student”, and a letter to ‘Uthman al-Batti, but there is no book recording his opinions, or the fundamental principles, and methods of deduction that he used.

Nonetheless, his students, such as Abu Yusuf and Muhammad ash-Shaybani reported his opinions along with those of his contemporaries, like Ibn Shibrama, Ibn Abi Layla and ‘Uthman al-Batti, and it is known that when they were taking note of his views, Abu Hanifa would sometimes ask them to read back what they had written, to confirm or alter it. But they have passed on only a very narrow range of his opinion.

The principles and methods of Hanafi fiqh have been deduced by writers such as Abu’l-Hasan al-Karkhi, ad-Dabusi and al-Bazdawi, from secondary Judgements.

STORYTELLER

Is there not a Musnad of Abu Hanifa though?

THE LIBRARIAN

Again, it’s questionable whether you can describe it in quite that way. Many scholars do ascribe a Musnad of hadiths and traditions to him, but most say that although the transmissions can be correctly traced to Abu Hanifa, the collection and received arrangement, in order of fiqh and its rulings, were probably done by Abu Yusuf and ash-Shaybani.

Abu Yusuf did transmit the Kitab al-Athar from Abu Hanifa, which contains a number of fatwas concerning issues relevant to Kufa at that time, and this has been of great use to scholars, showing the type of hadith on which he relied to deduce his rulings and fatwas, how he accepted the fatwas of the Companions and accepted and used mursal hadiths. As it includes a selection of fatwas of the Tabi’un among the fuqaha’ of Kufa and Iraq in general, this is a legal collection which was particularly known and studied there.

STORYTELLER

And what about ash-Shaybani?

THE LIBRARIAN

Well, his books are in fact the primary source for Abu Hanifa’s fiqh, as he wrote more than Abu Yusuf, but he didn’t relate fiqh directly from Abu Hanifa but by way of Abu Yusuf. He also wrote books that illustrated the difference between Iraqi and Madinan fiqh. Here, let me show you some of his work.

(Footsteps between bookstacks)

Here we have “al-Jami’ as-Saghir”, which was arranged according to legal topics and entirely transmitted from Abu Yusuf, whereas here we have “al-Jami’ al-Kabir”, the one book that he did not review with Abu Yusuf. Then there are “az-Ziyadat”, “as-Siyar as-Saghir”, “as-Siyar al-Kabir”, and here his longest book, “al-Mabsut”, sometimes known as “al-Asl”, a collection of questions concerning fatwas of Abu Hanifa in which he relates both agreements and differences with Abu Yusuf.

STORYTELLER

So they didn’t agree on everything?

THE LIBRARIAN

Oh, absolutely not! It would not have been expected. But Abu Yusuf himself wrote many books. Here, let me show you.

(Footsteps between bookstacks)

This is his best known book, the Kitab al-Kharaj, which he wrote for ar-Rashid, clarifying the sources of financial revenue for the state and detailing areas of taxation. This was entirely written by Abu Yusuf, but he refers to points of disagreement he has with Abu Hanifa and gives the reasoning behind his differing conclusions.

He also wrote of others with different views to Abu Hanifa, as in “The Disagreement of Abu Hanifa and Ibn Abi Layla”. Abu Yusuf studied with Ibn Abi Layla for nine years, but then moved to the gathering of Abu Hanifa, and himself supports the views of Abu Hanifa.

STORYTELLER

It seems strange that his student would record the views of those who disagreed with him.

THE LIBRARIAN

Clearly, Abu Hanifa was undisturbed by differences of opinion. He was only motivated by a concern for truth, and didn’t claim that his opinion was the ultimate truth. He said “This is our opinion. It is the best we can determine. If anyone comes with a better position, he is more entitled to be correct than we are.”

Zafar said, “We used to go regularly to Abu Hanifa with Abu Yusuf and Muhammad ibn al-Hasan ash-Shaybani and write down what he said. One day he said to Abu Yusuf, “Woe to you, Ya’qub! Do not write down all that you hear from me. I may have an opinion today and then leave it tomorrow. I may have an opinion tomorrow and then leave it on the following day.” He was always aware of the possibility of his learning something new which might lead him to retract former opinions.

STORYTELLER

Well, thank-you. Clearly, if I can only approach Abu Hanifa through his students I had better look into them a bit more closely.

Part 8

A Question of Students

STORYTELLER

As we have no record of Abu Hanifa recording his own fiqh, we must rely on what was passed on by his many students. Some travelled to see him, stayed for a time to learn his methods and then returned home. Some remained with him, we know of at least thirty six, and it is from them that we learn what we can of Abu Hanifa.

But in their transmission, his students rarely give any proof other than the Sunnah, Fatwahs of Companions or the views of the Tabi’un, with little reference to analogy or the istihsan which it is said showed such profound perception and insight. We know that he used analogy to an extent that his opponents reproved him for going too deeply into it, accusing him of leaving the Sunna and exceeding the scope of the mujtahid.

We can never know for sure, the methods of thought of Abu Hanifa, but we do know a little of the way that he taught, and it seems that the classes must have been quite lively. When he was presented with a question, he would give it to his students and argue with them about its ruling. Each would give an opinion and relevant analogies, and dispute with his ijtihad. In the intensity of the debate, there could be moments of shouting and uproar, but after all sides of the matter had been aired Abu Hanifa would distil the matter to its essence and express an opinion which all would be pleased to affirm.

He examined hadiths to explore the judgements they contained, and then suggested questions which were affected by the principles involved. That is what he considered fiqh to be. He said “The like of one who seeks hadith and does not learn fiqh is like the apothecary who has the tools but does not know what medicine to prepare. So the seeker of hadith does not know the value of this hadith until the faqih comes.”

Well, let’s see what the students have to say about it

(Fade in Studio Applause)

HOST

OK, here is a starter question for bonus points. Name three ways in which Abu Hanifa cared for his students.

(Buzzer)

Yes - Jami’a College!

STUDENT

He supported them financially, for instance if someone couldn’t afford to get married, he would help.

HOST

Yes indeed – Abu Hanifa was a wealthy man, but we must also remember that he said “I have achieved the greatest wealth by knowing the lawful and the unlawful.” So - what else?

STUDENT

He gave his students individual attention, and found ways to show them the areas in which they still needed knowledge.

HOST

Asking them questions they couldn’t answer! And finally?

STUDENT

He always had good words to say to his students?

HOST

Absolutely. He used to say to them “You are the joy of my heart and the removal of my sorrow.” I wonder how many of your teachers would say the same of you.

Right – Your first of three questions on the student companions of Abu Hanifa. Who is this?

He was one of the first of the fuqaha of opinion to base opinions on hadith, combining both disciplines, having studied with hadith scholars. He was a qadi under three khalifs, through which appointment the Hanafi school was firmly established. He was born in 133 Hijri and died in 182. Before studying with Abu Hanifa he studied with Ibn Abi Layla. Who was that?

STUDENT

Abu Yusuf?

HOST

Correct – Ya’qub ibn Ibrahim ibn Habib al-Ansari al-Kufi, otherwise known as Abu Yusuf, qadi under the khalifs al-Mahdi, al-Hadi and ar-Rashid, and chief qadi for a very long time. OK – Who is this?

Like Abu Yusuf, he was an imam of the fiqh of opinion as well as the fiqh of hadith. He studied the fiqh of Syria with al-Awza’i, and the fiqh of the Hijaz with Malik, staying with him for three years. He was only 18 when Abu Hanifa died, but continued his studies with Abu Yusuf. He learned the fiqh of Iraq completely, appointed qadi, and due to his inclination to record things is considered to be the transmitter of the fiqh of the Iraqis to posterity. He also transmitted the Muwatta’. He died in 189 Hijri. Who was that?

(Murmured discussion)

STUDENT

Ash-Shaybani?

HOST

Correct – Muhammad ibn al-Hasan ash-Shaybani, born 132 died 189. He was a qadi under Ar-Rashid but he was never appointed chief qadi. He is said to have cared about his appearance, so that ash-Shafi’i could say of him “He fills both the eye and the heart”. OK – you’re doing well – just one last quick one to go. Who is this?

His father was an Arab and his mother was a Persian. He was a companion of Abu Hanifa before Abu Yusuf, and of his students was said to be the most acute in using analogy. He was qadi of Basra while Abu Hanifa was alive, and took his place in his circle when he died. Who was that?

(Murmured discussion)

Come along – I’ll have to hurry you – You should know this

STUDENT

Zafar?

HOST

That’s right! Zafar ibn Hudhayl, died in 158 at the age of 84, just eight years after Abu Hanifa. And for a bonus point, who took his place in the circle?

STUDENT

Abu Yusuf.

HOST

Yes, of course. Well done! Maximum points plus a bonus, how about that!

(Studio applause and fade out)

STORYTELLER

Of course, not all of us are so familiar with Abu Hanifa’s followers, but perhaps many would be more familiar with the principles of Hanafi fiqh.

Part 9

The School of Fiqh

STORYTELLER

Clearly what we need to do is find a school of fiqh if we are to learn more about the matter.

(Fade in schoolchildren playing)

And as luck would have it there seems to be a school right here. Let’s see who we can find.

(Feet on playground steps, door open & close, to internal acoustic)

Well, this looks like a teacher. Excuse me sir, could you explain how you would teach the basics of Hanafi fiqh?

TEACHER

I’m afraid it will have to be very basic, as it’s nearly the end of break-time. Let me show you round. We have seven main rooms to cover the main principles.

(Footsteps in hall, door open)

In here is where the students spend the most time, with their most essential subject. The Qur’an defines general rules which do not change over time. It contains the universal Shari’a for all mankind, and it is the main source of Hanafi fiqh.

One important aspect of the Hanafi approach to the Qur’an is the weight given to the ‘amm, a general expression, as opposed to the khass, a particular, applying to one aspect of what is alluded to by a general expression. The Hanafis hold that, like the particular, the general is definitive in its evidence and can abrogate the particular. Al-Bazdawi mentioned that this was the view of Abu Hanifa.

But for a more complete understanding of the Qur’an some ayats require more details, some a specific explanation, and some need qualification, so the Hanafi school looks for clarification of the Qur’an.

(Door close, footsteps)

And this is done by looking to the example of the man who was called ‘The Qur’an walking’, and that is done in this room on the other side of the corridor here.

(Door open, echo acoustic)

The Sunna is the second source on which Abu Hanifa based his deduction, our key to the Qur’an. Abu Hanifa was one of the first fuqaha to accept single hadiths as evidence, and change his views if he found such a hadith that contradicted his opinion, but his method of dealing with a single hadith was to compare it with what he knew of hadiths and the Qur’an, and if it deviated from that to reject it.

 (Door close, footsteps)

But in the absence of a Qur’anic text, or an accepted Sunna, Abu Hanifa looked to the legal decisions of the Prophet’s Companions, so our next room is for the study of the Fatwas of the Companions.

(Door open, echo acoustic)

If there were differing opinions among the Companions, Abu Hanifa chose the position from amongst their views that he thought best. When it came to the Tabi’un he felt free to exercise ijtihad as they had done, and didn’t consider that it was mandatory to follow their fatwas. He would differ from the Companions on matters in which there was scope for opinion, but on clear matters where there was a firm transmission, he followed them.

STORYTELLER

But what if there was a matter where there was no defined tradition?

TEACHER

For that we need the next room.

(Door close, footsteps, door open, echo acoustic)

Consensus! If Abu Hanifa needed to make a ruling in the absence of a text, he would always choose to follow what the mujtahids of the Muslim Community agreed on. In “The Virtues”, al-Makki says “Abu Hanifa was tenacious in following what the people in his land agreed upon.”

(Door close, footsteps)

So if Abu Hanifa did not find a text in the Book, the Sunna, or the Companion’s fatwas, he exercised ijtihad and opinion to ascertain the different aspects to be examined in the question under review, and sometimes he was guided by

(Door open, echo acoustic)

Analogy! The analogy that Abu Hanifa mostly used was to explain the ruling about a matter without a text by ruling it according to something whose ruling is known by the Book, Sunna or consensus since both matters share the same underlying cause.

For Abu Hanifa’s it was not enough to recognise simply what rulings indicate. One must know the events which formed the context of a text and how it was intended to benefit people and the reasons behind it, as well as any peculiarities which might affect rulings. It is only on this basis that analogy can be correct.

In his ijtihad Abu Hanifa used a lot of analogy, and didn’t stop at investigating the rulings for problems which had actually occurred, but would theorise in order to be prepared for circumstances before they occurred so as to be ready to deal with them.

(Door close, footsteps)

So understanding of texts requires an understanding of what benefits people, and we therefore need another room to study istihsan.

(Door open, echo acoustic)

Sometimes Abu Hanifa was guided by analogy, and sometimes by istihsan – discretion as to the best interest of people and lack of harm in the deen. Some disliked the use of istihsan, because they thought it allowed a ruling to be reached based on personal interpretation and feeling rather than an actual text and defined judgement. Scholars at the time disagreed. Malik used to say that istihsan was nine-tenths of knowledge, while ash-Shafi’i said that anyone who uses istihsan has legislated for himself.

But it is clear that the istihsan used by Abu Hanifa did not part from the text and analogy. The istihsan which he used was to restrain the analogy, if allowing its general application would be contrary to public interest, concern for which was the overriding consideration of the Shari’a.

(Close door, footsteps)

Which leaves us with one final room, which like the others may seem unprepossessing from the outside, but on the inside proves to be vast.

(Door open, echo acoustic)

‘Urf, or custom. When there was no analogy or istihsan on a question, Abu Hanifa looked to see what the behaviour of the people was. The behaviour of the people is the normative custom among them. Making use of custom is one of the sources of deduction and one of the principles which can be used in the absence of any other principles.

Ibn ‘Abidin says about the mufti “The person who makes rulings must know the fiqh regarding the rulings of universal events, and possess understanding of the actual situation and people’s circumstances in order to distinguish between the truthful and the liar, true and false and so forth. Thus when the mufti gives a fatwa based on custom, he must know the circumstances of the time and know whether this custom is general or particular.

And those, my friend

(Door close)

Are the seven principles of Hanafi fiqh.

(Interior school bell)

And just in time. I’m afraid that duty calls.

STORYTELLER

Well, thank you very much. It has been most informative. Perhaps I will be able to go into a little more detail next time.

TEACHER

Goodbye!

(Exterior door open, exterior school bell, children's hubbub, slowly fading)

STORYTELLER

Well, there you have it. The Hanafi school. But the Hanafi school was an amalgamation, not simply reflecting the positions of Abu Hanifa in the way that the positions of Malik are reflected in the Maliki school and those of ash-Shafi’i in his school. Abu Hanifa’s statements are not transmitted in detail as distinct from the positions of others.

In his study of problems, Abu Hanifa relied on the debate and discussion that took place among his students, and due to his belief in the truth and respect for freedom of thought, he asked his students to follow in whichever direction the evidence led. His students were in fact independent mujtahids in their own right. Each of them had his own opinion which might be similar to, or far from, that of the shaykh, even though they used similar methods.

After them the views of other fuqaha’ were added to what has been transmitted from him and his companions. All of this resulted in a lot of divergent views and choices, based on his rules and principles. So what came to be Hanafi fiqh represents the fiqh of Iraq rather than simply the views of Abu Hanifa.

Abu Hanifa was a free man who wished for other’s freedom just as he desired it for himself. For that reason, he was very eager in his fiqh to show respect for man’s independence in his dealings, as long as he was sane. It was not up to the community, or the authorities who represented it, to involve themselves in people’s private affairs as long as a religious injunction had not been violated or other people’s rights breached. Although the authorities need to preserve public order, individuals must not be compelled to live their private lives in a particular manner nor told what they must do with their private property.

Part 10

Later Life & Death

STORYTELLER

Some time after 120 Hijri, when Abu Hanifa was in his forties, he took the place of his shaykh, Hammad, in Kufa and began to teach his students, and with his rapidly increasing renown, it came to the attention of those in power that his opinion was often critical of the Umayyad regime. Let’s hear more about that time from his biographers

BIOGRAPHER #1

In 130 Hijri, Yazid ibn 'Umar ibn Hubayra, Marwan's governor of Iraq, summoned Abu Hanifa to appoint him qadi or to put him in charge of the exchequer.  He sent for him and wanted to put the seal in his hand so that no document would be implemented without Abu Hanifa’s approval.  But he refused, and Ibn Hubayra swore that if he did not accept, he would flog him. Abu Hanifa said, " What should I do when he wants me to write that a man should have his head cut off and seal the document?  By God, I will never become involved in that!"

BIOGRAPHER #2

So the authorities imprisoned Abu Hanifa and he was flogged on consecutive days, until they thought that he might die. Then Ibn Hubayra commanded that he be freed, and he fled to Makka, where he was safe in the vicinity of the Haram while seditions were rife throughout the khalifate. He stayed there at least six years, until the Abbasids came to power, when he returned to Kufa during the time of al-Mansur.

BIOGRAPHER #1

Abu Hanifa welcomed the arrival of the Abbasid regime when it was established, hoping that it would be more merciful because of their kinship to the family of 'Ali.  When al-Mansur came to power, however, he began to consolidate the state with brute force and ruthlessness, not gentleness and clemency. He also started to persecute the family of the Prophet, and shedding the blood of the 'Alawites. Then Abu Hanifa saw the rule of al-Mansur as no more than an extension of the oppression administered by the Umayyads.

BIOGRAPHER #2

After al-Mansur’s persecution and execution of the 'Alawite leaders, Abu Hanifa openly voiced his criticism of the khalif and his behaviour towards the 'Alawites.  So while al-Mansur was in the process of building Baghdad, he kept him under surveillance.  There were those in the khalif's retinue who provoked him against Abu Hanifa and made him suspect his statements and fatwas.

BIOGRAPHER #1

Ar-Rabi', his chamberlain, who was hostile to Abu Hanifa, said, 'Amir al-Mu'minin, Abu Hanifa contradicts your grandfather, 'Abdullah ibn 'Abbas, who stated that when someone swore an oath and then made an exception a day or two later, the exception was permitted.  But Abu Hanifa says that the exception is not allowed unless it is simultaneous with the oath.' Abu Hanifa said, 'Amir al-Mu'minin, ar-Rabi' claims that you have no allegiance from your army.' 'How is that?' he asked.  He said, 'They swear to you and then return to their homes and make an exception, so their oaths are invalid.' Al-Mansur laughed and said, 'Rabi', do not start with Abu Hanifa!'

BIOGRAPHER #2

Al-Mansur was annoyed by Abu Hanifa  when he learned of his leaning towards the 'Alawites yet there was no way to act against him as long as he took no action and did not rebel.  But an opportunity eventually presented itself when he offered Abu Hanifa the position of qadi, and he refused. Abu Hanifa had sometimes criticised the decisions of the qadis and so it was appropriate for him to sit in the highest seat of judgement to guide the judges.  Since he was the foremost faqih in the view of the people of Iraq, the khalif was correct in wanting to make him the Chief Qadi.  If he refused, he could be forced to accept the post. 

BIOGRAPHER #1

But Abu Hanifa was not diplomatic in his replies.  He didn’t use honeyed words.  He spoke the truth and did not care about the consequences.  He said, "You have courtiers who need those who honour them for your sake.  I am not fit for that." Al-Mansur said to him, "You lie, you are fit." Abu Hanifa retorted, "I have declared myself unfit so how can it be lawful for you to appoint someone who is a liar as qadi?"

BIOGRAPHER #2

Abu Hanifa refused the qadiship because he saw it as a dangerous post, and thought that perhaps he would not be strong enough to do it, that his conscience would not be strong enough to bear its burdens and his will not strong enough to contain his feelings.  He saw the post of qadi as a trial which made all other trials insignificant.

BIOGRAPHER #1

For his refusal, he was taken out each day and given ten lashes until he had received 110, and most people say that he died in prison after the flogging, though some say that al-Mansur was not content to flog him, but poisoned him to hasten his end. Then again, Al-Bazzari says that after he was imprisoned for a time, al-Mansur spoke to some of his advisors and freed him from prison.  But after that, Abu Hanifa refused to give fatwa, hold audience with people or leave his house, and that remained the situation until his death.

BIOGRAPHER #2

When Abu Hanifa died in 150 Hijri, he left instructions that he should not be buried in any land which the ruler had misappropriated.  When he heard this, al-Mansur said, "Who will save me from Abu Hanifa, both when he was alive and now when he is dead?" But Abu Hanifa died in Baghdad and was buried there, and the khalif al-Mansur prayed over his grave after his death, and ordered that he himself should be buried in a grave alongside Abu Hanifa.

Part 11

Through the Eyes of Contemporaries

STORYTELLER

In the history of Islamic fiqh, there is no man both so highly praised and so severely criticised as Abu Hanifa. Some people almost put him in the ranks of the Prophets, attributing endless virtues and qualities to him and exalting him above his rank.  On the other hand, some people accuse him of being a heretic, corrupting the deen and abandoning the Sunna, making personal attacks on his personality and his faith. But this happened even while Abu Hanifa was still alive. Within his own lifetime lies were forged about him and that process continued apace after his death. 

Yet, quite apart from his reputation as a scholar, Abu Hanifa the merchant, approached his business in a way that made him a perfect example of an upright businessman. He was unusual among merchants, not affected by greed, trustworthy and generous as well as being very devout. Many people compared him to Abu Bakr as-Siddiq in that respect.  Both his buying and selling were trustworthy.

VOICE

A woman brought a silk garment to sell and he asked, "How much is it?" She replied, "A hundred." He said "It is worth more than a hundred.  How much?", and so she increased the price, but he said, "It should be more than that. Bring a man to value it." She did so and Abu Hanifa bought the garment for five hundred.

VOICE

A woman once came to him and said, " I put myself in your hands.  Sell me this garment for what it cost you." He said, "Take it for four dirhams." She replied, "Don’t mock me. I am an old woman." He said, "I bought two garments and sold one of them for the cost of both less four dirhams.  So this one is worth four dirhams."

VOICE

If he thought that there was any wrong action involved in a transaction, he would give it as charity to the poor and needy.  On one occasion he sent his partner, Hafs ibn 'Abdu'r-Rahman, with some goods and told him that there was a fault in one garment which he needed to point out when he sold it.  Hafs sold the goods but forgot to point out the flaw and did not know who had bought it, so Abu Hanifa gave the entire value of the garment away as charity.

STORYTELLER

Well, there seems little to object to there, but what other aspects of Abu Hanifa’s character and qualities can we ascertain?

VOICE

Of his contemporaries, al-Fudayl ibn 'Iyad said "Abu Hanifa was a faqih known for graciousness towards all who visited him.  He was steadfast in his teaching, both night and day.  He had a good reputation and was often silent.  He was a man of few words.  He was good at pointing out the truth, and loath to accept a ruler's money."

VOICE

Ja'far ibn ar-Rabi' said, "I sat with Abu Hanifa for five years and never saw anyone silent longer than him.  When he was asked a question of fiqh, sweat poured from him like a river before he spoke out loud."

VOICE

One of his contemporaries said that he didn’t know anyone with a better understanding of hadith than Abu Hanifa.  That was because he derived the reasons behind the judgements, so that it was almost as if he didn’t turn to the outward words but understood the meanings, and derived the intention behind them, and connected that to similar matters and built upon it.

VOICE

Al-Awza'i said "I envy the man his great knowledge and intelligence."

VOICE

'Abdullah ibn al-Mubarak. described him as 'the quintessence of knowledge.'

STORYTELLER

But Abu Hanifa was also a target for attack because of the number of fatwas he gave based on opinion. Opponents could be so fanatical in their hostility that some Shafi'is objected to the statements of their more extreme companions to such an extent that they themselves provided refutations and recorded his virtues.  So as-Suyuti wrote a treatise on the virtues of Abu Hanifa, as did Ibn Hajar al-Haytami al-Makki, also a Shafi’I, and ash-Sha'rani also defended Abu Hanifa.

VOICE

He was attacked because he was an independent faqih who had an independent method of thought as a result of deep study. But that independence of thought prevented him from losing himself in others' opinions.  His shaykh, Hammad, recognised this quality in him, and used to encourage him not to accept any idea without examining it first.  His independent thought made him see things as a free person, not subject to anything except for a text of the Book or Sunna or a fatwa of a Companion, and he passed on that independence to his students. 

VOICE

He had the ability to inspire awe, and affect others by his personal charm and charisma, but in spite of that he didn’t impose his opinions on his students.  He used to debate with them as an equal, not as a superior, and if he concluded with an opinion they would listen to him respectfully, but feel free to keep their own opinions.

STORYTELLER

Abu Hanifa’s personal attributes were at the service of a new method of thought and opinion which involved profound investigation and study and had far-reaching effects on individuals and whole generations.  It is that extraordinary contribution to the history of Muslim thought that inspired such loyalty in Abu Hanifa’s supporters and provoked such strong emotions in his detractors.

VOICE

Abu Hanifa had natural qualities which set him in the highest rank of scholars. He did not indulge in unnecessary or ugly words. He showed self-control, but his calmness and tolerance was not due to a lack of feelings or emotion.  He was a man with a sensitive heart and soul.  When one of those with whom he debated shouted at him, "Innovator!  Heretic!" he replied "May God forgive you.  He knows I am not that.  I have not turned from Him since I knew Him, only hope for His pardon, and only fear His punishment."

VOICE

He used to say, "If someone is annoyed by us, our heart is open to him."

Part 12

Global Heritage

STORYTELLER

With Hanafi Law being the system officially adopted by the Abbasid government, this naturally resulted in the widespread appointment of persons trained in the Hanafi school to judicial office in the provinces. From Iraq, the school spread through Syria, Isma'il ibn al-Yasa was the first qadi to apply Hanafi law in Egypt, and at the western end of the Muslim world, Spain was completely Hanafi until the end of the second century when other madhahib were introduced. Hanafi law was also to dominate South Asia and the Indian sub-continent.

By the end of the second century Hijri, the Hanafi approach was being developed by legists such as Muhammad 'Abdul Rahman ibn Abu Layla who became Supreme Judge of Kufah, Abdul Malik ibn Jurayj, Abdul Rahman al-Awza'i, al-Layth ibn Sa'd al-Fahmi and Sufyan ibn Uyaynah.

In the fourth century Abu Mansur al-Maturidi took Fiqh into new areas with a highly philosophical discussion of the Hanafi view, and important works were produced by the Hanafi jurists Ubaydullah Dalal al Karkhi and his pupil, Abu Bakr al Razi al Jassas. The main contribution of the former is his introduction of thirty-nine legal rules, making the discipline a general philosophy of law in addition to being a formal methodology of law derivation. Al Jassas established a historical and critical method, but perhaps his greatest contribution to legal thinking was his refutation of Shafi'is arguments against istihsan and his establishment of it as a necessary condition of all creative legal thinking.

In the fifth century some of the greatest works of usul al fiqh were produced, having a profound influence on Islamic thinking, including works by Ahmad Husayn al Bayhaqi, Abdullah 'Umar al-Dabbusi, 'Ali Muhammad al-Bazdawi, and Abu Bakr al-Sarakhsi. Muslim scholars throughout history have recognised the last three as belonging to the foremost authorities, and have referred to them constantly.

As the immediacy of the Qur'anic revelation and the Prophet's example became more and more remote in history, such scholars re-established and reaffirmed the bond between the law and religion, demonstrating the law's purpose as the defining instrument of man's vicegerency on earth. This perception of Shari'ah provided the community with cohesion in the face of ethnic diversity, and provided the individual with a tool to understand and implement morality.

For twelve hundred years, the Shari'ah was the bedrock of Muslim behavioural understanding, but over those years Muslim legal systems lost much of the insight and imagination of their early practitioners, until eventually the Muslim world stared colonisation in the face. As they capitulated before European power, so the Muslims were forced to submit to European forms of law, apart from the strictly limited field of 'family law'.

At this point, even the Ottoman Empire abandoned Shari'ah in favour of Commercial and Penal Codes modelled on the French system, and implemented through secular, Nizamiyya, courts. Even the basic law of obligations, though derived entirely from Hanafi law, was re-codified as the new secular courts could no longer be expected to ascertain any laws from the traditional forms of expression in the authoritative manuals.

So in the search for the uniformity of a European approach, the subtlety, and flexibility, and the breadth of legal opinion contained in the traditional Shari'ah texts was lost. Nonetheless, perhaps one day the Muslim world will turn to the Shari'ah once more in search of the joy, satisfaction and dignity which belongs to those who model their society according to the teachings of Muhammad the Messenger for the greater glory of God.

Part 13

Conclusion & Apologia

STORYTELLER

From the birth of the various madhahib, it has been common for followers and supporters of the views of one imam to allow their disagreements with the followers of another to lead them into behaviour that would have been tolerated by neither. Yet for all their disagreements, the great imams themselves were always courteous and respectful towards each other.

Difference between human beings is part of God's creation, and the variety of our languages and colours is one of the signs of God designated by God in the Qur'an. The variety of creation is necessary for its beauty, and 'God is Beautiful and loves Beauty' said the Prophet.

The Shari'ah is our guide to the limits and requirements of our human interaction, and the lives of the imams and their students are precious guides for us all as to the form of the Islamic Way. But their teachings are more than formal legal opinions. Their lives showed their humanity, and their advice to their students has an immediate relevance and a resonance that echoes across the ages. This is the advice which Abu Hanifa gave to his student Yusuf ibn Khalid as-Samit, shortly to set off on a trip to Basra:

VOICE

Know that if you harm ten people, you will have enemies, even if they are your mothers and fathers, but if you do good to ten people who are not your relatives, they will become like mothers and fathers to you.  If you enter Basra and oppose its people, elevate yourself over them, vaunt your knowledge among them, and hold yourself aloof from their company, you will shun them and they will shun you; you will curse them and they will curse you; you will consider them misguided and they will think you misguided and an innovator.  Ignominy will attach itself to you and us, and you will have to flee from them.  This is not an option.  It is not an intelligent person who is unsociable to the one who is unsociable until Allah shows him a way out.

When you go to Basra, the people will receive you, visit you and acknowledge your due, so put each person in his proper position.  Honour the people of honour, esteem the people of knowledge and respect the shaykhs.  Be kind to the young and draw near to the common people.  Be courteous to the impious but keep the company of the good.  Do not disregard the authorities or demean anyone.  Do not fall short in your chivalry and do not disclose your secrets to anyone or trust them until you have tested them.  Do not socialise with the base or the weak.  Do not accustom yourself to what you disapprove of outwardly.  Beware of speaking freely with fools.

You must have courtesy, patience, endurance, good character and forbearance.  Renew your clothing regularly, have a good mount and use a lot of what is good. ... Offer your food to people: a miser never prevails.  You should have as your confidants those you know to be the best of people.  When you discern corruption, you should immediately rectify it.  When you discern righteousness, you should increase your attention to it.

Act on behalf of those who visit you and those who do not.  Be good to those who are good to you and those who are bad to you.  Adopt pardon and command the correct.  Ignore what does not concern you.  Leave all that will harm anyone.  Hasten to establish people's rights.  If any of your brethren is ill, visit him yourself and send your messengers.  Inquire after those who are absent.  If any of them holds back from you do not hold back from him.

Show affection to people as much as possible and greet even blameworthy people... When you meet others in a gathering or 'oin them in a mosque and questions are discussed in a way different to your position, do not rush to disagree.  If you are asked, tell the people what you know and then say, "There is another position on it which is such-and-such, and the evidence is such-and-such." If they listen to you, they will recognise your worth and the worth of what you have.  If they ask, "Whose position is that?" reply, "One of the.fuqaha’ ....

Give everyone who frequents you some of the knowledge they are expecting.  Be friendly with them and joke with them sometimes and chat with them.  Love encourages people to persevere in knowledge.  Feed them sometimes and fulfil their needs.  Acknowledge their worth and overlook their faults.  Be kind to them and tolerant of them.  Do not show them annoyance or vexation.  Be like one of them. ... Do not burden people with what they cannot do.

STORYTELLER

We ask God Almighty to teach us what is beneficial to us, to make us benefit from what He has taught us, and to increase our knowledge. May He unite us in the pursuit of truth, guide us to the right path, and crown all our actions with success. May He guard us against the evils of our thoughts and actions. What is true of what has gone before is from God's Mercy. What is in error is from us alone. In God we seek refuge and on His might we depend. All praise and thanks are due to God, the All-Merciful, the All-Compassionate, the Lord and Sustainer of all the worlds.