Oxford: Oneworld Publications, 2008.Ĭlearly written and well organized, this overview of Sharia is useful for readers of any level who wish to gain a framework for Islamic law and its salient features. This is not a book for beginners it will be most useful to readers who already have an understanding of Islamic law. Hanafi interpretations of legal theory are compared in this book with those of the other major schools. Cambridge, UK: Cambridge University Press, 1999. A History of Islamic Legal Theories: An Introduction to Sunni Usul al-Fiqh. Included is a good chapter on the early schools and their jurisprudence. Edinburgh: Edinburgh University Press, 1994.Īlthough this book is somewhat outdated with respect to contemporary issues, and Coulson’s dating of early works has been challenged in the past decade, it is nevertheless considered foundational for those interested in a classical overview of the history of Islamic law. Included are discussions of Hanafi doctrines, jurists, judges, and texts, along with similar issues in other schools.Ĭoulson, Noel J. This book contains a number of articles pertaining to the development of Islamic schools, including the Hanafi School. Cambridge, MA: Harvard University Press, 2005. The Islamic School of Law: Evolution, Devolution and Progress. Although dated and perhaps of less use in the modern era, Schacht 1979 and Coulson 1994 are, nevertheless, considered foundational sources in the study of Islamic law.īearman, Peri, Rudolph Peters, and Frank E. Vikor 2005 provides good intermediate level information on theory, applications, history, and specific topics in Islamic law. 2005 is somewhat advanced and will be most useful to readers who have a prior understanding of Islamic legal principles. The material in Hallaq 1999 and Bearman, et al. ![]() Makdisi 1981 has stood the test of time and is still considered one of the most highly regarded overviews of the relationship between Muslim scholars and schools. Kamali 2008, an introduction to Sharia, is clearly written, well organized, and easy to read. Khan 1991 provides the simplest overview for readers approaching Sunni schools for the first time. To understand the significance of the Hanafi School, it is useful to gain an overview of the role of schools in general and the distinctive features of the Hanafi School. The Constitution of Afghanistan privileges Hanafi jurisprudence as a residual source of law in the absence of explicit legislation or other constitutional provisions. With respect to family and personal law issues, Hanafi fiqh predominates in Bangladesh, Egypt, India, Iraq, Pakistan, Syria, and, for significant minority populations, in Iran and Malaysia. ![]() Officially adopted by the Ottoman Turks in the 16th century and codified in the Mejelle, Hanafi jurisprudence remains the most influential school in the world today and is used in Jordan, Lebanon, Pakistan, Syria, Turkey, and the United Arab Emirates. Hanafi doctrines have always been considered among the most flexible and liberal in Islamic law, including in the areas of criminal law, treatment of non-Muslims, individual freedoms, marriage and guardianship, and ownership and use of property. ![]() He also favored the use of istihsan, commonly known as juristic preference, which, in some circumstances, can operate to ameliorate harsh consequences that might otherwise flow from strict legal reasoning, and which is believed by some to be based on principles of equity as interpreted by the jurist. While the Hanafi madhab, along with other Sunni schools, utilizes qiyas (analogical reasoning) as a method of legal reasoning, Abu Hanifa himself relied extensively on ra’y (personal opinion). Two of Abu Hanifa’s disciples, Abu Yusuf (d. 798) and al-Shaybani (d. 805), compiled and organized their master’s teachings, which were favored and followed by the Abbasid dynasty. ![]() It was built upon the teachings of Abu Hanifa (d. 767), a merchant who studied and taught in Kufa, Iraq, and who is reported to have left behind one major work, Al-Fiqh al-Akbar. The Hanafi School is one of the four major schools of Sunni Islamic legal reasoning and repositories of positive law.
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