Imam Abu Hanifa - His Life, Opinions and Fiqh

Many scholars think that the transmissions can be correctly ascribed to Abu Hanifa. Ibn Hajar al-‘Asqalani
says in Ta‘jil al-Munfa‘a, “As for the Musnad of Abu Hanifa, he did not collect it. What is extant of the
hadiths of Abu Hanifa is found in the Kitab al-Athar which Muhammad ibn al-Hasan related, and other
hadiths of Abu Hanifa can be found in the books of Muhammad ibn al-Hasan and Abu Yusuf. Abu
Muhammad al-Harithi, who lived after 300 AH, was interested in the hadiths of Abu Hanifa and collected
them in a volume.”
This would indicate that the Musnad ascribed to Abu Hanifa is not actually his own collection. Other
scholars state the same. It seems that the traditions ascribed to Abu Hanifa are valid, but that their actual
collection and ordering were done by Abu Yusuf and ash-Shaybani.
Abu Hanifa’s knowledge transmitted by his students
It is clear that the only method we can use to discover the fiqh of Abu Hanifa is by way of his companions.
We see that they wrote down the issues which they discussed with their shaykh after a specific opinion had
been reached. We must, however, take note of three things:
• The writings of the companions of Abu Hanifa that have been mentioned do not preclude him having
recorded his fiqh himself.
• The statements transmitted by his companions lack any proofs other than transmitted traditions or reports,
reliance on the fatwa of a Companion, or the position of a Tabi‘i. Rarely are analogy or reliance on
istihsan mentioned, except in the books of Abu Yusuf, and he only reports them occasionally. There is no
doubt that this does not take us far towards understanding the use of analogy which was so strong in Abu
Hanifa’s time that his opponents accused him of going too deeply into it and claimed that his analogies
left the Sunna and exceeded the scope of the Muslim mujtahid.
When we read the books of ash-Shaybani, we only rarely find an analogy in which the underlying
reason is clarified so that we know how it was deduced and pursued. Also, where is the istihsan of Abu
Hanifa which his students could not dispute because of his profound perception and insight? We have no
evidence that the later form of deduction was the same method of thought as that followed by Abu Hanifa.
• Abu Hanifa’s companions served his school by transmitting its teachings clearly to following generations
and their concern made Abu Hanifa respected. Each of those companions was an imam in his own right.
Abu Yusuf was a respected and important imam. He was the Chief Qadi of the government for a long
time. Muhammad ash-Shaybani was an imam like Abu Yusuf in both fiqh of opinion and fiqh of hadith.
He also related the Muwatta’ of Malik as he related the fiqh of Iraq and he knew both.
We have no option but to take Abu Hanifa’s fiqh from those who accompanied him and so we should
briefly mention those of them who transmitted his fiqh. Abu Hanifa had many students. Some travelled to him
and stayed for a time and then returned home after learning his method and technique. Others remained with
him. More than once, he mentioned the companions who remained with him: “They are thirty-six men:
twenty-eight are fit to be qadis; six are able to give fatwa; and two – Abu Yusuf and Zafar – are fit to teach
the qadis and those who give fatwa.” For Abu Hanifa to make such a statement, these students must have
already been mature. Because of his age, this would exclude ash-Shaybani, although he is in fact the major
source for the transmission of the fiqh of Abu Hanifa to subsequent generations.
We will take a brief look at some of the companions who were responsible for recording the fiqh of Abu
Hanifa, whether they were with him for a long time or whether, like Muhammad ibn al-Hasan ash-Shaybani,
they were not. The criterion is whether they play an important role in the transmission of his fiqh.
Abu Yusuf
He is Ya‘qub ibn Ibrahim ibn Habib al-Ansari al-Kufi. He was an Arab and not a client. He was born in
133 AH and died in 182. He grew up poor and in need and had to work to eat. Fervour for knowledge moved
him to listen to scholars until Abu Hanifa noticed him and helped him financially. After that he devoted