Introduction to Hanbali Madhab

History of the Beginning of Madhhabs

The beginning of madhhabs can be traced back to before the era of the famous Imams. For example, we find the people of Madina relying on the fatawa of ibn Umar, the people of Makkah on the fatawa of ibn Abbas, and the people of Kufa on the fatawa of ibn Mas'ud.

The Types of Fiqh Addressed in Every Madhhab

(1) The ahkam of Tawhid. It would be incorrect to say about such ahkam that it is according to such-and-such madhhab, because these are definitive rulings agreed upon by the Ummah.

(2) Definitive juristic rulings. Such rulings can also not be referrred to as the madhhab of a particular Imam. Therefore, one would not say, "The madhhab of so-and-so is that the five prayers are obligatory"!

(3) Rulings based on ijtihad, coming from the Imam himself by way of narrations or indications (tanbihat).

(4) Rulings based on ijtihad, derived by the scholars of the madhhab by extracting them based on the established rulings of the madhhab on other issues. This is known as takhrij. Such rulings fall under what can be known as the madhhab istilahi. These rulings were not made by the Imam but can appropriately be considered to be part of the official 'madhhab'.

(5) Rulings based on ijtihad dervied the scholars of the madhhab by practicing ijtihad in deriving the rulings without attempting to make takhrij on the madhhab.

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Al-Shatibi states, "The Shari'a has not specified rulings for every individual issue in particular. It provides general rulings and broad expressions that address innumerable scenarios."


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Ikhtilaf

Ibn Taymiyya states in al-Fatawa 14/159, "Disputing ahkam could be a mercy if it does not lead to a tremendous evil such as the ruling being concealed. For his reason, when a man authored a book which he entitled, Kitab al-Ikhtilaf, Ahmad said, 'Call it Kitab al-Sa'ah (i.e. ease, accommodation)'. 'Umar b. 'Abd al-'Aziz used to say, 'I would not like it had the Companions of Allah's Messenger (صلى الله عليه وسلم) never disagreed, because if they agreed on something and someone differed with them, he would be astray. However, if they differed, and one person adopted the opinion of one, and another adopted the opinion of the other, there would be ease (sa'ah) in the matter."

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Causes of Error in Counting Opinions as the Imam's Madhhab

(1) Relying on an opinion he retracted
(2) Not paying attention to the manner in which he qualifies a statement or makes it absolute.
(3) Additions from some of the scholars of the madhhab
(4) Relying on books that have been criticized in the madhhab
(5) Misunderstanding. Ibn Rajab (al-Qawa'id, 169) states about Abu Bakr 'Abd al-'Aziz, known as Ghulam al-Khallal, "Abu Bakr frequently would narrate the words of Ahmad by the meaning he understood as a result of which great distortion would result. He fell into this sort of thing greatly in the book Zad al-Musafir."
(6) Combining two narrations when they should be distinguished as separate narrations, or the reverse.
(7) Distortion or misreading (Tashif) in the text of a narration.
(8) Using unreliable manuscripts.
(9) The Imam might express an opinion, and then one of the scholars of the madhhab might further qualify it, and then the one transmitting this information might attribute all back to the Imam.

One example of an error is the issue of fasting the thirtieth of Sha'ban due to clouds. It is attributed to him that fasting this day is obligatory, but this has no basis in his words, nor in those of his companions. His expressed view was that it is recommended as concluded by ibn Taymiyyah (al-Fatawa, 25/99).

In summary, it is important to know the methods by which the true position of the madhhab - and in particular, the Imam - can be known, and to exercise great care in applying them. Sh. Bakr has devoted a work to this topic which he later incorporated into his book, al-Madkhal Li Fiqh al-Nawazil: al-Qadaya al-Mu'asira because many contemporaries, when making ijtihad concerning nawazil, will make takhrij from an opinion that was attributed to an Imam erroneously.

Stages of the Madhhab’s Development

(1) Laying the foundations

It goes without saying, that Imam Ahmad was one of the greatest Imams of Hadith in the history of Islam, and his Musnad is the most comprehensive compendium of Hadith written by any major hadith scholar. As a result he was sought out by students far and wide. The students in his lessons with pen and ink writing down would be no less than five hundred, and the total number of attendees would be much more. His lessons would also be filled with people seeking fatwa and asking questions, as a result of which, his lessons were not merely lessons of Hadith but lessons of Fiqh as well.

It goes without saying that the Madhhab got its start with Imam Ahmad’s lessons and with his students writing down his answers to questions. The books gathering his answers to questions number about 200. This is on top of the 30 different works that the Imam himself wrote, some short and some long.

Many of his students would go on to teach Fiqh themselves, to become Qadis, and to be sought out by students from around the Muslim world, which lead to their writings spreading far and wide.

(2) The Stage of Transmission and Development

In this stage, the scholars of the Madhhab began compiling the masa’il of Ahmad, arranging them, and formulating the madhhab. One of the most notable works that paved the way for this process is al-Jami’ Li Ulum Ahmad by Abu Bakr al-Khallal (311 H). Unfortunately, this work has not survived down to our times, at least not in its entirety.

The scholars of the Hanbali madhhab are usually divided by the scholars into three eras: mutaqaddimin, mutawassitin, and muta’akhirin.

The scholars of these first two stages would encompass the era of the ’mutaqaddimin’, the last of whom is al-Hasan b. Hamid (403 H).

(3) The Stage of Formulation and Redaction

With the end of the last two stages, the books of riwayah were recorded and standardized in works such as al-Jami’ of al-Khallal and Jami’ al-Madhhab by al-Hasan b. Hamid. This was accompanied by the writing of manuals, the first of which being the Mukhtasar al-Khiraqi.

The work of redaction of the Madhhab was undertaken by the major scholars from the Mutawassitin, starting with Abu Ya’la, the student of al-Hasan b. Hamid, and ending with al-Burhan ibn Muflih (884 H). It also encompasses scholars from the Muta’akhirin, starting with the muhaqqiq of the madhhab, ‘Ala’ al-Din al-Mardawi (885 H).

(4) The Settling of the Madhhab

This stage starts from during the period of the muta’akhirin until the modern age. We could also look at this stage as the stage of relying on the books of the Madhhab. It is rare for the scholars of this stage to engage in takhrijor verification of the madhhab.

This stage eventually leads into the final stage:

(5) Revival of the Legacy

This stage begins in the modern age with the advent of modern mass printing, and continuous efforts – in formal academia and by independent researchers – to publish and edit the classical works. Over 250 classical works of the Hanbali Madhhab have been published in this period as detailed by Sh. Bakr in the final section of his Madkhal.


Some Notes Concerning Terminology Used in the Hanbali Madhhab

Whenever one reads any book, it is important to understand the terminology used in it in order to understand the work properly. This is also true for the books of Fiqh. Each madhhab, and in some cases, each author has certain terminology that the reader must be familiar with. These terminologies are often times explained in the introductions or conclusions of the books. There are also certain books devoted to explaining these terminologies. Two published works dealing with defining the terminology used in Hanbali books are al-Mutli' and al-Durr al-Naqi. If Allah wills, these will be mentioned again when surveying the Hanbali literature.

The Conventions of the Imam in His Answers

(1) Answers explicitly stating one of the five ahkam taklifiyyatahrim, karaha, wujub, nadb, and ibaha. This is considered a nass in the madhhab without any disagreement.

(2) When he responds and emphasizes his response with an action or by swearing an oath. This is considered a nass in the madhhab without any disagreement.

(3) It was the habit of Imam Ahmad, out of his great caution, to avoid frequent use of explicit expressions like halal and haram. Therefore, Imam Ahmad would typically resort to use of certain expressions which indicate the view that he inclines to. Sometimes, there is disagreement as to what his intent is behind these expressions. Some such expressions are the following:

* I like it (yu'jibuni)
* Good (hasan)
* It is befitting (yanbaghi)
* It is not befitting (la yanbaghi)
* I dislike it (akrahu)
* I fear (akhaafuakhshaa)
* I hope (arju)
* There is no harm in it (la ba'sa bihi)
* I hope there is no harm in it (arju an la ba'sa bihi)
* I am not so brave (ajbanu 'anhu)
* I am not so bold as to speak about that (la ajtari'u 'alayh)
* Leave it (da'hu)
* Leave this issue (da' hadhihi 'l-mas'ala)

Sh. Bakr Abu Zayd has listed seventy such expressions, cf. al-Madkhal al-Mufassal, vol. 1 pp. 167-170. He goes on to explain them in vol. 1, pp. 243-264.

Imam al-Hasan ibn Hamid (403 H), the teacher of al-Qadi Abu Ya'la, has written a work devoted to the explanation of such expressions used by Ahmad in his answers to question. It is entitled Tahdhib al-Ajwiba. It was studied and edited by Dr. 'Abd al-'Aziz al-Qayidi as his doctoral thesis, and published by Maktaba al-'Ulum wal-Hikam.

Examples of Some Terms Used in Hanbali Fiqh Books

As knowledge of these terms is only needed by those who can read these works in Arabic, a few examples will serve our purposes here:

(1) "The madhhab is such and such" - this applies both to positions stated explicitly by the Imam as well as those deduced by the scholars of the Hanbali School. Ibn Hamdan has written a lengthy criticism in Sifat al-Fatwa of the practice of claiming a certain position to be the madhhab without knowledge or sound basis. Al-Mardawi has quoted his words in full in the epilogue of al-Insaf (12/267-276).

(2) Zahir al-Madhhab - This is the well known (mashhur) opinion in the madhhab.

Al-Mardawi states in the introduction of Tashih al-Furoo' (1/52), "Shaykh al-Islam ibn Taymiyya, may Allah have mercy on him, said, 'It has been reported from Abul-Barakat (Majd al-Din), our grandfather, that if someone asked him about zahir al-madhhab, he would say it is whatever Abul-Khattab gave preference to in his Ru'us al-Masa'il.' He also said, 'It can also be known from al-Mughni and Sharh al-Hidaya by our grandfather. And whoever is familiar with the usul of Ahmad and his statements will recognize the correct opinion in his madhhab in most issues.'"

(3) Qawl, this term applies to any opinion in the madhhab, be it from the Imam himself or scholars of the madhhab, be it a wajhihtimal, or takhrij.

(4)al-Asahhal-mashhural-ashhar, etc. - all of these expressions indicate tarjih of a certain opinion in the madhhab.

(5) Al-Shaykh - some scholars use this title to refer to al-Muwaffaq ibn Qudama, while others, particularly later scholars, use it meaning Taqi al-Din ibn Taymiyya.

(6) Al-Shaykhan, the Two Shaykhs - this refers to Muwaffaq ibn Qudama and Majd al-Din Abul-Barakat 'Abd al-Salam ibn Taymiyya, the grandfather of Sh. al-Islam Taqi al-Din ibn Taymiyya.

(7) Shaykhuna - Abul-Wafa' ibn 'Aqil and Abul-Khattab al-Kalwadhani use this expression referring to al-Qadi Abu Ya'la. When it is used by ibn al-Qayyim or by ibn Muflih in al-Furoo', it refers to Sh. al-Islam ibn Taymiyya. In hisMukhtasar, ibn Razin uses it for al-Muwaffaq ibn Qudama.

(8) Shaykh al-Islam - two scholars in the madhhab are famous with this title: al-Muwaffaq ibn Qudama and Taqi al-Din ibn Taymiyya.

Ibn Badran has discussed its usage at length in his Madkhal (p. 407) and Sh. Bakr Abu Zayd in Mu'jam al-Manahi al-Lafziyya.

(9) Al-Qadi - for the mutawassitin, this refers to Abu Ya'la (459 H); for the muta'akhirin, it refers to al-Mardawi (885 H), as can be seen in al-Muntaha and al-Iqna'. Al-Mardawi himself uses it to refer to Abu Ya'la.

(10) "Al-Munaqqih", "al-Mujtahid", "al-Mujtahid fi Tashih al-Madhhab" - these are all titles for 'Ala' al-Din al-Mardawi (885 H), signifying the great role he played in redacting the madhhab in his works such as al-Insaf, Tashih al-Furoo', and al-Tanqih al-Mushbi'.

For more on the terminologies of the Hanbali Madhhab, refer to Madkhal no. 4 of Sh. Bakr's al-Madkhal al-Mufassal, Ch. 6 of ibn Badran's Madkhal, pp. 405-422, and ibn Duhaysh's al-Manhaj al-Fiqhi al-'Aam li 'Ulama' al-Hanabila, pp. 97-168.

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The Spread of the Hanbali Madhhab
The roots of the Hanbali Madhhab naturally lie in Baghdad, the home of Imam Ahmad, then it spread to other lands, but not as much as the other major madhhabs.

Ahmad Taymur relates that ibn Farhun stated in al-Dibaj, "As for the madhhab of Imam Ahmad b. Hanbal, may Allah have mercy on him, it emerged in Baghdad and its surrounding areas, then it spread in many of the lands of al-Sham, but it has become weak now," meaning: in the 8th Century Hijri. [Taymur Pasha,al-Madhahib wa Intisharuha, p. 81]

Ibn Khaldun states, "As for Ahmad b. Hanbali, his followers (muqallids) are few... Most of them are found in al-Sham and 'Iraq in Baghdad and its surrounding areas. They are the most prolific of people in respect to preserving the Sunnah and narration of Hadith." [Al-Muqaddima, p. 448]

Al-Suyuti states, "They are very few in number in Egypt. I have not heard of their presence there except in the 7th Century and afterwards. This is because Imam Ahmad, may Allah be pleased with him, lived in the 3rd Century, and his madhhab only spread outside 'Iraq in the 4th Century. It is in this century that the Ubaydis came to power in Egypt, and they eliminated all those present there of the Imams of the other three madhhabs by killing, exile, and displacement. They established the madhhab of Rafd and the Shi'ah,and they were not eliminated from there until the last part of the 6th Century. That is when the Imams from the other madhhabs returned to Egypt, and the first Hanbali Imam I know of to take up residence in Ebypt was al-Hafiz 'Abd al-Ghani al-Maqdisi the author of 'Umdat [al-Ahkam]." [Cf.,al-Madhahib wa Intisharuha, p. 82]

It then spread further at the time of al-Qadi 'Abdullah b. Muhammad b. 'Abd al-Malik al-Hajjawi who became the Hanbali Qadi al-Qudah of Egypt in the year 738 AH. Al-Maqdisi states that the Hanbali Madhhab was present in the 4th Century in Basra, in the provinces of al-Daylam [modern Gilan] and al-Rahab, in Suways in the province of Khuzestan, and in Baghdad the dominant groups were the Hanbalis and the Shi'ah. [Ibid., p. 83]

The followers of the Hanbali Madhhab amongst laymen have been few throughout history to the extent that they did not constitute the majority of dwellers of any region through most of history except in Najd and then later in much of the Arabian Peninsula as a result of the movement of Imam Muhammad b. 'Abd al-Wahhab, may Allah have mercy on him.

Ahmad Taymur states, " We have not heard of their predominance in any territory except the lands of Najd at this time, and in Baghdad in the 4th Century." [Ibid., p. 83]

The Hanbali Madhhab also had a considerable historical presence in al-Sham. Majd al-Din al-'Ulaymi, in his al-Manhaj al-Ahmad, lists the most famous Hanbali scholars of Palestine from the 6th Century until the 9th Century.


Reasons for the Madhhab's Lack of Prevalence in Comparison to Other Madhhabs

There are a number of reasons for the Madhhab's lack of prevalence, amongst them:

* The Hanbali Madhhab was established later and the other three m madhhabs were already more established in many lands. In Iraq, the madhhab of Abu Hanifah was predominant, in Egypt the Shafi'i and Maliki madhhabs, and in al-Maghrib and al-Andalus the Maliki madhhab.

* There were few Hanbali Qadis, and Qadis were instrumental in promoting their respective madhhabs. Abu Yusuf and Muhammad b. al-Hasan, may Allah have mercy on them, were instrumental in promoting the madhhab of Abu Hanifah. After this initial period of Hanafi domination of the judiciary in 'Abbasid lands, the Shafi'i Madhhab played a prominent role in the judiciary as well. As for the Maliki madhhab, Asad b. al-Furat was instrumental in promoting it in al-Maghrib. In al-Andalus, the Umayyad state also worked to promote the Maliki madhhab. The Hanbali madhhab did not receive such preference except in the Arabian Peninsula in recent times.

* The Hanbali Madhhab has spread considerably in the modern age as Saudi universities and scholars (amongst others) have done considerable work in editing and publishing important Hanbali works and teaching the Hanbali madhhab. Because of this new wave of writing about and teaching the Hanbali madhhab, the present era can be considered a period of its revival.

**Based on Sh. 'Abd al-Malik b. Duhaysh's al-Manhaj al-Fiqhi al-'Amm Li 'Ulama al-Hanabila wa Mustalahatihim Fi Mu'allafatihim, pp. 63-65. Sh. al-Duhaysh himself has played a hand in publishing many Hanbali works.**

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