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|Schools of Law|
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The Hanbali school (Arabic: المذهب الحنبلي) is one of the four orthodox Sunni Islamic schools of jurisprudence (fiqh). It is named after the Iraqi scholar Ahmad ibn Hanbal (d. 855), and was institutionalized by his students. The Hanbali madhhab is the smallest of four major Sunni schools, the others being the Hanafi, Maliki and Shafi'i.
Hanbali school derives Sharia predominantly from the Quran, the Hadiths (sayings and customs of Muhammad), and the views of Sahabah (Muhammad's companions). In cases where there is no clear answer in sacred texts of Islam, the Hanbali school does not accept jurist discretion or customs of a community as a sound basis to derive Islamic law, a method that Hanafi and Maliki Sunni fiqhs accept. Hanbalis rely instead on weaker Hadiths, individual opinions of Muhammad's companions or analogy.
Hanbali school is the strict traditionalist and most conservative school of jurisprudence in Sunni Islam. It is found primarily in Saudi Arabia, Abu Dhabi and Qatar, where it is the official fiqh. Some Hanbali followers are also found in Bahrain, four small emirates of UAE (Sharjah, Umm al-Quwain, Ras al-Khaimah and Ajman), Oman and Yemen. The Hanbali school was the forerunner of the Wahhabi-Salafist movement. Historically the school was a minority; the 18th to early-20th century militants Muhammad ibn Abd al-Wahhab and Al Saud greatly aided its propagation in Saudi Arabia.
Ahmad ibn Hanbal, the founder of Hanbali school, was a disciple of Al-Shafi‘i. Like Shafi'i and al-Zahiri, he was deeply concerned with the extreme elasticity being deployed by many jurists of his time, who used their discretion to reinterpret the doctrines of Quran and Hadiths to suit the demands of Caliphs and wealthy. Ibn Hanbal advocated return to literal and accurate interpretation of Quran and Hadiths. Influenced by the debates of his time, he was known for rejecting religious rulings (Ijtihad) from the consensus of jurists of his time, which he considered to be speculative theology (Kalam). He associated them with the Mu'tazilis, who he despised. Ibn Hanbal was also hostile to the discretionary principles of rulings in jurisprudence (Usul al-fiqh), which were established by his predecessors; Al-Shaf'i, Imam Malik and Abu Hanifa. He linked these discretionary principles with kalam. His guiding principle was that the Quran and Sunnah are the only proper sources of Islamic jurisprudence, and are of equal authority and should be interpreted literally in line with the Athari creed. He also believed that there can be no true consensus (Ijma) among jurists (mujtahids) of his time, and preferred the consensus of Muhammad's companions (Sahaba) and weaker hadiths. Imam Hanbal himself compiled Al-Musnad, a text with over 30,000 saying, actions and customs of Muhammad.
Ibn Hanbal never composed an actual systematic legal theory on his own, though his followers established a systemic method after his death. Much of the work of preserving the school based on Ibn Hanbal's method was laid by his student Abu Bakr al-Khallal; his documentation on the founder's views eventually reached twenty volumes. The original copy of the work, which was contained in the House of Wisdom, was burned along with many other works of literature during the Mongol siege of Baghdad. The book was only preserved in a summarized form by the Hanbali jurist al-Khiraqi, who had access to written copies of al-Khallal's book before the siege.
Relations with the Abbasid Caliphate were rocky for the Hanbalites. Led by the Hanbalite scholar Al-Hasan ibn 'Ali al-Barbahari, the school often formed mobs of followers in 10th-century Baghdad who would engage in violence against fellow Sunnis suspected of committing sins and all Shi'ites. During al-Barbahari's leadership of the school in Baghdad, shops were looted, female entertainers were attacked in the streets, popular grievances among the lower classes were agitated as a source of mobilization, and public chaos in general ensued. Their efforts would be their own undoing in 935, when a series of home invasions and mob violence on the part of al-Barbahari's followers in addition to perceived deviant views let to the Caliph Ar-Radi publicly condemning the school in its entirety and ending its official patronage by state religious bodies.
Like all other schools of Sunni Islam, the Hanbali school holds that the two primary sources of Islamic law are the Qur'an and the Sunnah found in Hadiths (compilation of sayings, actions and customs of Muhammad). Where these texts did not provide guidance, Imam Hanbal recommended guidance from established consensus of Muhammad's companions (Sahabah), then individual opinion of Muhammad's companions, followed in order of preference by weaker hadiths, and in rare cases qiyas (analogy). The Hanbali school, unlike Hanafi and Maliki schools, rejected that a source of Islamic law can be jurists personal discretionary opinion or consensus of later generation Muslims on matters that serve the interest of Islam and community. Hanbalis hold that this is impossible and leads to abuse.
Ibn Hanbal rejected the possibility of religiously binding consensus (Ijma), as it was impossible to verify once later generations of Muslims spread throughout the world, going as far as declaring anyone who claimed as such to be a liar. Ibn Hanbal did, however, accept the possibility and validity of the consensus of the Sahaba. the first generation of Muslims. Later followers of the school, however, expanded on the types of consensus accepted as valid, and the prominent Hanbalite Ibn Taymiyyah expanded legal consensus to later generations while at the same time restricting it only to the religiously learned. Analogical reasoning (Qiyas), was likewise rejected as a valid source of law by Ibn Hanbal himself, with a near-unanimous majority of later Hanbalite jurists not only accepting analogical reasoning as valid but also borrowing from the works of Shafi'ite jurists on the subject.
Ibn Hanbal's strict standards of acceptance regarding the sources of Islamic law were probably due to his suspicion regarding the field of Usul al-Fiqh, which he equated with speculative theology (kalam). In the modern era, Hanbalites have branched out and even delved into matters regarding the upholding (Istislah) of public interest (Maslaha) and even juristic preference (Istihsan), anathema to the earlier Habalites as valid methods of determining religious law.
Ibn Hanbal taught that the Qur'an is uncreated due to Muslim belief that it is the word of God, and the word of God is not created. The Mu'tazilites taught that the Qur'an, which is readable and touchable, is created like other creatures and created objects. Ibn Hanbal viewed this as heresy, replying that there are things which are not touchable but are created, such as the Throne of God.
The Hanbali school is now accepted as the fourth of the mainstream Sunni schools of law. It has traditionally enjoyed a smaller following than the other schools. In the earlier period, Sunni jurisprudence was based on four other schools: Hanafi, Maliki, Shafi'i and Zahiri; later on, the Hanbali school supplanted the Zahiri school's spot as the fourth mainstream school. Hanbalism essentially formed as a traditionalist reaction to what they viewed as speculative innovations on the part of the earlier established schools.
Historically, the school's legitimacy was not always accepted. Muslim exegete Muhammad ibn Jarir al-Tabari, founder of the now extinct Jariri school of law, was noted for ignoring the Hanbali school entirely when weighing the views of jurists; this was due to his view that the founder, Ibn Hanbal, was merely a scholar of prophetic tradition and was not a jurist at all. The Hanbalites, led by al-Barbahari, reacted by stoning Tabari's home several times, inciting riots so violent that Abbasid authorities had to subdue them by force. Upon Tabari's death, the Hanbalites formed a violent mob large enough that Abbasid officials buried him in secret for fear of further riots were Tabari buried publicly in a Muslim graveyard. Similarly, the Andalusian theologian Ibn 'Abd al-Barr made a point to exclude Ibn Hanbal's views from the books on Sunni Muslim jurisprudence. In al-Muqaddimah, Ibn Khaldun—himself a Qadi in Egypt during the Mamluk-era—also noted that the following of this school was rare and stated that this is due to the fact that they largely reject Ijtihad as a whole.
Eventually, the Mamluk Sultanate and later the Ottoman Empire codified Sunni Islam as four schools, including the Hanbalite school at the expense of the Zahirites. The Hanafis, Shafi'is and Malikis agreed on important matters and recognized each other's systems as equally valid; this was not the case with the Hanbalites, who were recognized as legitimate by the older three schools but refused to return the favor.
Perhaps the most important difference with the other three mainstream Sunni school is the following of the Athari and Taqlid creed. Whereas the others largely follow the Ash'ari school of theology. Al-Ash'ari is vastly criticised in Hanbali literature, and some of it even labelled him an unbeliever. (see Takfir)
In terms of jurisprudence there are differences as well. In comparison to the Hanafis and the Malikis, in the absence of a consensus, the opinion of a Sahabi is given priority over Qiyas (which early Hanbalis rejected) or al-'urf, which is completely rejected by Hanablis. Where Hanbalis require a unanimous consensus, Hanafis tend to follow the consensus of Kufa and Malikis that of al-Madina. Hanbalis are somewhat more lax in accepting Hadiths (Musnad Ahmad ibn Hanbal contains a few known fabricated Hadiths) whereas Abu Hanifa tended to severely scrutinise Hadith because he lived in Kufa in the middle of the Shi'a/Sunna conflict. Other schools maintain that a religious ruling cannot be given with doubt, and thus do not follow in some cases Hadiths which authenticity may be in doubt.
Zahiris, an less mainstream school, is sometimes seen as the closest to Hanbalis and hanafis. However the similarities are only true for early Zahiris who followed the Athari creed. The branch that was largely instigated by Ibn Hazm which developed in al-Andalus, al-Qarawiyyin and later became the official school of the state under the Almohads, differed significantly from Hanbalism. It did not follow the Athari and Taqlid schools and opted for "logical Istidlal" (deductive demonstration) as a way to interpret scripture that wasn't clear literally. Hanbalis rejected kalam as a whole and believed in the supremacy of the text over the mind and did not engage in dialectic debates with the Mu'tazila. Ibn Hazm, on the other hand, engaged in these debates and believed in logical reasoning rejecting most of Mu'tazila claims as sophists and absurd. Ibn Hazm, also scrutinised Hadith more severely. He adopted an attitude where he'd reject Hadiths if he discovered something suspicious about the lives of the those who reported it, or in the case where a person in the Sanad is not a widely known figure. In doing so, he was aided by his vast historical knowledge.
The Salafi and Wahhabi movements largely descend from the Hanbali school, which they scrupulously follow in terms of theology. Much of their religious discourse is derived from the works of Ibn Taymiyyah and Ibn Qayyim Al-Jawziyya, with contemporary Saudi clerics such as Muhammad ibn al Uthaymeen and Ibn Baz.
Some eminent Hanbali scholars who were contemporary of Muhammad ibn Abd al-Wahhab criticised his ways. Both movements differ from classic Hanbalism in some of their political views as well as in their Takfir of Shi'a and Sufis, an opinion over which Hanbali scholars differ. The course of action chosen by Ibn Abd al-Wahhab to spread his religious views (violence against disagreeing Muslims and the destruction of Shrines and graves) was also rejected by some of his contemporary Hanbali scholars.
Since the Al Saud succeeded in annexing Mecca in 1926 and the discovery of oil, Hanbali school of theology has benefited from the sponsorship of the Saudi state. Theology students from all over the world are educated in Saudi Arabia following this school of theology and Saudi-funded Dawah succeeded in attracting new followers all over the world. Since the beginning of the 20th-century, the school has therefore gained more acceptance and diffusion in the Islamic world.
وله زيادات كثيرة في مسند والده واضحة عن عوالي شيوخه، ولم يحرر ترتيب المسند ولا سهله، فهو محتاج إلى عمل وترتيب...وعامته من أبي بكر القطيعي...ولم يكن القطيعي من فرسان الحديث، ولا مجودا، بل أدى ما تحمله، إن سلم من أوهام في بعض الأسانيد والمتون