SUBMITTED BY:

1: Laraib Hanif (3263-FE/BSECO/F18)

2: Maryam Altaf (3249-FE/BSECO/F18)
3: Noshaba Qureshi (3282-FE/BSECO/F18)
4: Safia Bibi (3255-FE/BSECO/F18)
5:Azra Shaheen (3260-FE/BSECO/F18)
6: Kinza Sarfraz (3245-FE/BSECO/F18)

SUBMITTED TO : Samina Umbraiz

SUBJECT : Introduction To Islamic Jurisprudence

DEPARTMENT OF ECONOMICS

INTERNATIONAL ISLAMIC UNIVERSITY ISLAMABAD

SPRING 2020

Development of Fiqh and Emergence of the Hanafi School of Though

Introduction to Usul Fiqh (The Principles of Islamic jurisprudence) Reference: Principles of
Islamic Jurisprudence by Prof. Mohammad Hashim Kamali, 3rd edition (2005)
Usul al-fiqh, or the roots of Islamic law, expound the indications and methods by which the rules
of fiqh are derived from their sources. Some writers have described usul-al-fiqh as the
methodology of law, a description which is accurate but incomplete.
To say that Usul al-fiqh is the science of the sources and methodology of the law is accurate in
the sense that the Qur’an and Sunnah constitute the sources as well as the subject matter to which
the methodology of usul al-fiqh is applied. The Qur’an and Sunnah themselves, however, contain
very little by way of methodology, but rather provide the indications from which the rules of
Shari’ah can be deduced.

The methodology of usul al-fiqh really refers to methods of reasoning such as analogy (qiyas),
juristic preference (istihsan), presumption of continuity (istishab) and the rules of interpretation
and deduction. • These are designed to serve as an aid to the correct understanding of the sources
and ijtihad.
Difference between fiqh and usul al- fiqh:-
● Fiqh is concerned with the knowledge of the detailed rules of Islamic law in its various
branches, and usul al-fiqh with the methods that are applied in the deduction of such rules
from their sources.
● Fiqh, in other words, is the law itself whereas usul al-fiqh is the methodology of the law.
Essential in Usul al-fiqh:-
● Knowledge of the rules of interpretation is essential to the proper understanding of a legal
text. Unless the text of the Qur’an or the Sunnah is correctly understood, no rules can be
deduced from it, especially in cases where the text in question is not self-evident.
● An adequate grasp of the methodology and rules of interpretation also ensures the proper
use of human reasoning in a system of law which originates in divine revelation.
Objective of Usul al-fiqh:-
● The principal objective of usul al-fiqh is to regulate ijtihad and to guide the jurist in his
effort at deducing the law from its sources.
● The need for the methodology of usul al-fiqh became prominent when unqualified
persons attempted to carry out ijtihad, and the risk of error and confusion in the
development of Shari'ah became a source of anxiety for the ulema.
Purpose of Usul al-fiqh :-
● The purpose of usul al-fiqh is to help the jurist to obtain an adequate knowledge of the
sources of Shari’ah and of the methods of juristic deduction and inference.
● Usul al-fiqh also regulates the application of qiyas, istihsan, istishab, istislah, etc. whose
knowledge helps the jurist to distinguish as to which method of deduction is best suited to
obtaining the hukm shar'i of a particular problem.
● Usul al-fiqh enables the jurist to ascertain and compare strength and weakness in ijtihad
and to give preference to that ruling of ijtihad which is in close harmony with the nusus.
Need of Usul al-fiqh:-
● It is nevertheless accurate to say that fiqh precedes the usul al-fiqh and that it was only
during the second Islamic century that important developments took place in the field of
usul al-fiqh.
● For during the first century there was no pressing need for usul al-fiqh.
● When the Prophet was alive, the necessary guidance and solutions to problems were
obtained either through divine revelation, or his direct ruling.
● Similarly, during the period following the demise of the Prophet, the Companions
remained in close contact with the teachings of the Prophet and their decisions were
mainly inspired by his precedent.
● However, with the expansion of the territorial domain of Islam, the Companions were
dispersed and direct access to them became increasingly difficult.
● With this, the possibility of confusion and error in the understanding of the textual
sources became more prominent.
● Disputation and diversity of juristic thought in different quarters accentuated the need for
clear guidelines, and the time was ripe for al-Shafi'i to articulate the methodology of usul
al-fiqh.
The development of Usul al-fiqh:-
● Al-Shafi’i came on the scene when juristic controversy had become prevalent between
the jurists of Madinah and Iraq, respectively known as Ahl al-Hadith and Ahl al-Ra'y.
This was also a time when the ulema of Hadith had succeeded in their efforts to collect
and document the Hadith.
● Once the fuqaha were assured of the subject matter of the Sunnah, they began to
elaborate the law, and hence the need for methodology to regulate ijtihad became
increasingly apparent.
● The consolidation of usul al-fiqh as a Shari’ah discipline was, in other words, a logical
conclusion of the compilation of the vast literature of Hadith.
● Among the factors which prompted al-Shafi'i into refining the legal theory of usul al-fiqh
was the extensive influx of non-Arabs into Islamic territories and the disconcerting
influence that this brought on the legal and cultural traditions of Islam.
● Al-Shafi'i was anxious to preserve the purity of the Shari’ah and of the language of the
Qur’an.
● Broadly speaking, the so-called closure of the gate of ijtihad at around the fourth Islamic
century did not affect the usul al-fiqh in the same way as it might have affected the fiqh
itself.
● The era of imitation(taqlid) which followed might even have added to the strength and
prominence of usul al- fiqh in the sense that the imitators observed, and relied on, the
methodology of the usul as a benchmark of validity for their arguments.
● Consequently, usul al-fiqh gained universal acceptance and was, in a way, utilized as a
means with which to justify taqlid.
Usul al-fiqh has existed for as long as the fiqh or Islamic law has been known to exist. This is
because Islamic law could not have come into being in the absence of its sources, and of methods
with which to utilize the source materials. However, it is possible to say that usul al- fiqh had
not been compiled and developed into an independent science until the second Islamic century.
Traditional jurists perceive a continuous relationship between the periods of the Prophet, the
caliphs and the development of the Usul-al-Fiqh.

َ‫ﺎﻋﺮﻓ او ً◌َ ﺎﻋﻤﻠﻴ او ً◌َ ﺎﺣﺴﻴ ﻛﺎنﺳﻮاء ﻏﲑﻩ ﻋﻠﻴﻪ ٰﻳﺒﲏ ﻣﺎ‬
Translation: Upon which something is premised on whether it is something of sensory,
rational or customary nature. Technical: 1. –‫ دﻟﻴﻞ‬Proof 2. ‫ – رﺟﻊ‬Resort to the origin 3.
‫ – ﻗﺎﻋﺪﻩ‬Maxim/juristic principle.

‫اﻟﻜﻼم ﻏﺮض ﻓﻬﻢ ﻓﻬﻢ اﻻﺷﻴﺎءاﻟﺪﻗﻴﻘﺔ ﻻ اﻟﺘﻔﺼﻴﻠﻴﺔ ادﻟﺘﻬﺎ ﻣﻦ اﻟﻌﻤﻠﻴﺔ اﻟﺸﺮﻋﻴﺔ اﻻﺣﻜﺎم اﻟﻌﻠﻢﺳﺘﺪﻻل‬
Translation: Understanding of the purpose of the statement Understanding of intricate/detailed
things Translation: The knowledge of the Shar’ee injunctions pertaining to conduct with (the
knowledge of) inference from the detailed (specific) evidence.

Fiqh is the historical dimension of the Shariah and represents the continuous and unceasing
Muslim struggle to live up to divine commandments in time and space. It is the rigorous and
detailed application of the Shariah to issues that confront humankind as it participates in the
unfolding drama of history. As such it embraces the approach, the process, the methodology as
well as the practical application of the Shariah. It defines the interface of an individual with
himself, his family, his society, his community, as well as the civilizational interface between
Islam and other faiths and ideologies.
The Qur’an was revealed as the dynamic, spoken Word of God. Many among the Companions
memorized the entire Qur’an (the hafizun or hufaz). Some knew, understood and recited the
Qur’an, but also trained and taught others. These were called the qura’a (plural of qaree,
meaning, one who recites the Qur’an). As many of the Companions migrated from Hijaz to Iraq,
Persia, Syria and Egypt, the mantle of local leadership fell to the qura’a. Most Arabs were
illiterate in the pre-Islamic era and anyone with the ability to recite and teach the language was
held in high honor. Civilization was as yet ruled by the spoken word and the qura’a, most of
whom were Companions of the Prophet, were received in distant lands with well-deserved honor
and respect. They were the ones who were often called upon to offer legal opinions (fatwa).
The need for producing a written copy of the Qur’an was felt after the Battle of Yamama, in
which a large number of hufaz and qura’a perished. Concerns arose that sooner or later all the
hufaz who had learned the Qur’an from the Prophet would die. Upon the advice of Omar ibn al
Khattab (r) and other Companions, the Caliph Abu Bakr (r) had the Qur’an written down. This
copy is known as Mashaf-e-Siddiqi. Written Arabic does not have vowels attached to it. As
Islam spread, first through the Arabian Peninsula and then beyond its borders during the
Caliphate of Omar (r), local accents showed up in the pronunciation of the Qur’an. Arabic is a
rich, powerful, dynamic and subtle language. Mispronunciation of a word can alter its meaning.
To preserve the Qur’an as the Prophet recited it, the third Caliph Uthman (r) ordered the
preparation of a standard copy with the vowels included in the text. Seven copies of this text
were reproduced and were sent to different parts of the extensive Islamic Empire.

LEGISLATION IN MAKKAH:- Took almost 13 years in Makkah (609-622 CE).

FOUNDATION :- Focus on building the ideological foundation in Islam.
ESTABLISHMENT:- Central topics of legislation building the faith (iman)
BUILDING:-inculcating good character and moral values.
FLOWERING:-Among the important themes of the revelation: Unity and existence of Allah.
CONSOLIDATION:-Life after death Heaven & hell
STAGNATION:-Stories of previous people’s challenges to the pagan of Makkah Moral values

LEGISLATION IN MADINAH:- From hijrah of the Prophet till his demise (632 CE).
FOUNDATION Islam began to spread among the Arab and the non- Arabs.
ESTABLISHMENT The Prophet was appointed as the ruler of Madinah, a full-fledged Islamic
state.
BUILDING Central topics of legislation Law and development of an Islamic nation.
FLOWERING Strengthened the foundations of iman and tawhid Among the important themes
of the revelation:
CONSOLIDATION Legal injunctions (al-ahkam al-amaliyah) People Of the book (ahl al-
kitab).
STAGNATION Jihad and rulings related to warfare The hypocrites (munafiqs) Moral and
ethics related to social life.

A century after the Prophet, all of the Companions who had learned firsthand from the Prophet,
or the Tabeyeen who had learned from the Companions, had passed away. The Companions had
known the Qur’an, as well as the context in which it was revealed, from the living example of the
Prophet. The Companions were so close to the source of revelation, so suffused with the radiance
of the Divine Word and its universal impact on history that they responded to its imperatives
with unbounded zeal. Theirs was a world of action, not of words. They created history with their
deeds, leaving others to follow in its trail. It was left to later generations to study, understand and
argue about what they had done. As the timeline from the Prophet increased, it became necessary
to collect, sort out and pass on the traditions of the Prophet. This was the beginning of the
science of Hadith. Although, the collections of Hadith that are best known today (Bukhari, Sahih
Muslim, etc.) came into existence a few centuries later, the tradition of collecting and passing on
Hadith was continuous and active throughout the interim period. Next to the sciences of the
Qur’an (Ulum ul Qur’an), the authenticated Prophetic traditions (Ulum ul Sunnah) provided the
most important source for the development of the principles of Fiqh (Usul al Fiqh).
The development of Fiqh was an historical process. As long as the Prophet was alive, his
example was necessary and sufficient for the guidance of the community. The Qur’an presents
the doctrinal principles and ethical underpinnings of the Shariah. The Prophet clarified,
substantiated and implemented the principles of the Qur’an. His death presented an historical
challenge to his Companions to continue the process of realizing God’s will in the matrix of
human affairs. The first generation of Muslims rose to this challenge. Where revelation was
explicit or where the Prophet had given clear direction, they followed that direction. Where the
Qur’an and Sunnah provided general principles but no directive for explicit implementation, they
used the process of consultation and reasoning to find solutions to the pressing problems of the
day. With time, this methodology developed into a broad tradition that was practiced by the first
four Caliphs. This tradition is referred to as the Sunnah of the Companions, or the ijma
(consensus) of the Companions. Such consensus was sometimes universal. At other times, it was
the consensus of only some of the Companions. Differences of opinion were not uncommon.
Such differences were not only tolerated, they were respected. The subtle nuances of Arabic and
the cosmic power of the Qur’anic language made differences in emphasis inevitable. These
differences had their impact on the development of different schools of Fiqh.

A number of Qur’anic verses are direct answers to questions raised by Muslims as well as non-
Muslims during the era of prophet hood. Many of these verses actually begin with the phrase
“They ask you about.” For example, “They ask you about fighting in the forbidden months.
Say, ‘Fighting in them is a grave offense, but blocking Allah’s path and denying Him is even
graver in Allah’s sight.’
“They ask you about wine and gambling. Say, ‘There is great evil in them as well as benefit to
man. But the evil is greater than the benefit.”

METHOD OF LEGISLATION:- Continuous revelation

FOUNDATION From the first revelation (Al-’Alaq) till near his death.
ESTABLISHMENT The 1st revelation-Al-’Alaq
The last revelation- “Today I have perfected your BUILDING religion for you and chose
Islam as your religion …” (Al-Ma’idah:1) .

METHOD OF LEGISLATION:
Examples from revelation
ESTABLISHMENT: Quran: They ask you about fighting in forbidden months … a grave
offence but blocking Allah’s path and denying Him.
BUILDING is even greater … “They ask you about wine and gambling … Q 2:219
FLOWERING: They ask you about menses … harm so stay away
Procedures to solve new problem occurred during
FOUNDATION: the period by Abu Bakar and Umar:
ESTABLISHMENT: Quran Any specific ruling on the problem?
BUILDING: Sunnah If no answer, search in the sayings and actions of
FLOWERING: Prophet saw Ijma
CONSOLIDATION: If no answer, set up a meeting.
STAGNATION: Call major sahabah for the formal meeting Try to get unanimous agreement on
a solution If unanimity could not be arrived, take the position of the majority.

CHARACTERISTICS OF FIQH:-
modification of law
FOUNDATION: Reasons for modification : Disappearance of the reason for law’s existence
ESTABLISHMENT: Prohibition by Umar in giving cash from baitulmal to new converts
BUILDING: Previously, supporters were needed; now, no need for that extent
FLOWERING: Change in social condition Pronouncement of 3 lafaz of talak at one same time ;
now, binding and not reversible
CONSOLIDATION :No specific mazhab
STAGNATION: Directly linked to state Mazhab of each caliph is the caliph himself; had last
word over hukum.

Emergence of the Hanafi School of Thought:-

Hanafi school, also called Madhhab Ḥanīfah, in Islam, one of the four Sunni schools of religious
law, incorporating the legal opinions of the ancient Iraqi schools of Kūfah. The Ḥanafī legal
school (madhhab) developed from the teachings of the theologian Imām Abū Ḥanīfah (c. 700–
767) as spread by his disciples Abū Yūsuf (died 798) and Muḥammad al-Shaybānī (749/750–
805) and became the dominant system of Islamic administration for the ʿAbbāsids and Ottomans.
Although the Ḥanafī school acknowledges the Qurʾān and the Hadith (narratives concerning the
Prophet Muhammad’s life and sayings) as primary sources of law, it is noted for its extensive
reliance on systematic reasoning (raʾy) in the absence of precedent. The school currently
predominates in Central Asia, India, Pakistan, Turkey, and the countries of the former Ottoman
Empire.

The Hanafi School is one of the four major schools of Sunni Islamic, legal, reasoning, and
repositories of positive law. 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. 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. 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). 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. 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. 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. 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. The Constitution
of Afghanistan privileges Hanafi jurisprudence as a residual source of law in the absence of
explicit legislation or other constitutional provisions.

Imam Abu Haneefa (d. 768) was at once a scholar of the first rank and a man of action. Very few
sages have left as visible an imprint on Islamic history as has this savant. Born to Afghan
parentage, he knew firsthand the issues confronting the jurists in the newly conquered territories
east of Iraq. He was also well aware of the intellectual challenge from the contemporary
civilizations of Greece, Persia, India and China. As a youth, he settled in Kufa and studied under
the great scholars of the age. As a young man, he took positions against the oppression of the
Umayyads and the haughtiness of Arab noblemen. For his refusal to tow the official line, he
suffered imprisonment both from the Umayyads and the Abbasids. A famous quotation attributed
to him, “The belief of a converted Turk is equal to that of a Muslim from Hijaz”, speaks volumes
about the egalitarian temperament of the Imam. As a scholar in search of further knowledge, he
frequented the halqa (study circle) of Imam Ja'far as Saadiq. Ibn Abidin quotes Imam Abu
Hanifa as saying: “If it were not for two years (spent with Imam Ja'far as Saadiq), I would have
perished.”
The genius of Imam Abu Haneefa lies in his vision of Fiqh as a dynamic vehicle available to all
Muslims in all ages. He saw Islam as a universal idea accessible to all people in space and time.
Fiqh was not to be a static code applicable to one situation in one location, but a mechanism that
would at once provide stable underpinnings to the Islamic civilization and would also serve as a
cutting edge in its debate with other civilizations. He saw that the rigorous and exacting
methodology of the Madinite School might suffocate the ability of jurists to cope with
unforeseen challenges presented by new situations. Therefore, he expanded the base on which
sound legal opinions stand. According to Imam Abu Haneefa, the sources of Fiqh are:
● The Qur’an,
● Sunnah of the Prophet,
● Ijma (consensus) of some, not necessarily all of the Companions,
● Qiyas (deduction by analogy to similar cases which had been decided on the basis of the
first three principles) and,
● Istihsan (creative juridical opinion based on sound principles). With the acceptance of
istihsan as a legitimate methodology, Imam Abu Haneefa provided a creative process for
the continual evolution of Fiqh. No Muslim jurist would be left without a tool to cope
with new situations and fresh challenges from as-yet unknown future civilizations.
Fiqh expands and develops Shariah through interpretation (ijtihad) of the Quran and Sunnah by
Islamic jurists (ulama) and is implemented by the rulings (fatwa) of jurists on questions
presented to them. ... Fiqh deals with the observance of rituals, morals and social legislation in
Islam as well as political system. Fiqh in Islam is known as “Islamic jurisprudence,” one of the
dynamic disciplines, dealing with the practical regulations and rules of the sharīʿah, such as
observance of worships, rituals, and social legalism derived from the primary sources of the
Qur’ān and sunnah. In other words, fiqh is the legal dimension of Islam and increased expansion
of the sharīʿah laws. Fiqh can best be defined as the study of the “science of the Divine Law'' in
Islamic jurisprudence. It embraces variant approaches and develops in the context of different
cultures and traditions, while applying the methodologies and applications of God’s revelation.

FOUNDATION OF FIQH
The method of making Legal provisions for Abu Hanifa was based on the following basic
sources:
1)Quran.
This is the Word of God and the fundamental basis of Sharia.
2)Sunnah.
Examples from the life of the Prophet Muhammad, his words and expressions
which are commentaries for the verses of the Quran.
Example is the two rakahs before the fard of the fajr prayer and after zuhr, maghrib and `isha’.
Frequent abandonment of a Sunnah Ibadah is a sin. Sunnah Aadiyah ‫ • عادية ةّنس‬Actions which
the Prophet (SAW) did as custom. Examples are eating on the floor and the way he ‫مّلوس عليه هلال‬
‫ ىّلص‬dressed. It is rewardable and a sign of love with no sin for one who abandons it. Sunnah is
an act upheld by the Prophet (may Allah bless him and grant him peace).
3)Posts Companions of the Prophet Muhammad.
This source also clarifies various aspects of the Sharia, as the companions were with the Prophet
and know the essence or the same background, different problems. The next generation behind
them are not statements of associates, as they do not directly have contact with the Prophet.
4)Qiyas.
A proposition by analogy, which applies in cases where in Revelation there was no
literal to a given problem. The essence of this method is that the legal issue in these cases
can be resolved on the basis of analogy with what already exists in Revelation.
The legal problem is associated already in solution and on this basis of decision.
5)Istihsan (preference).
Possibility of rejection of arguments qiyas if formally correct opinion on the analogy in this
situation is not quite appropriate. In this case, the requirement
imposed on the basis of another argument, which is opposed to explicit qiyas. Istihsan
applies when qiyas contradicts Ijma and orfom.
6)Ijma.
Unanimity mudzhtahidov (theologians), both past and today, about any problem.
7)Orf.
Use as an argument to any of the traditional distribution opinion in the Muslim society, if
there is no literal evidence for Revelation. Orff is divided into Sahih and FASID. Saheeh - is the
RUF, which is not contradict revelation. That allows him to apply as evidence. FASID - this
is the RUF, which contradicts revelation. This type of Orff not accepted as evidence

They laid down the systematic foundations for the work of later Hanafis. Though the Hanafi
School finally came to adopt the mainstream legal methodology and philosophy, it did maintain
peculiar characteristics such as its emphasis on the practical aspects of the law. Particularly in the
first three centuries of Islam, its followers, more than any other school, were the chief authors
and experts on formularies (shurut), notarial documents, and the profession and conduct of
judgeship (adab al-qada). It is distinguished from the other schools through its placing less
reliance on mass oral traditions as a source of legal knowledge. It developed the exegesis of the
Qur'an through a method of analogical reasoning known as Qiyas. It also established the
principle that the universal concurrence of the Ummah (community) of Islam on a point of law,
as represented by legal and religious scholars, constituted evidence of the will of God. This
process is called ijma', which means the consensus of the scholars. Thus, the school definitively
established the Qur'an, the Traditions of the Prophet, ijma' and qiyas as the basis of Islamic law.
In addition to these, Hanafi accepted local customs as a secondary source of the law.

Schools of law:-
The Hanafi madhhab is named after scholar Abu Hanifa ā bit whose legal views were preserved
primarily by his two most important disciples, Abu Yusuf and Muhammad al-Shaybani. They
laid down the systematic foundations for the work of later Hanafis. Though the Hanafi School
finally came to adopt the mainstream legal methodology and philosophy, it did maintain peculiar
characteristics such as its emphasis on the practical aspects of the law. Particularly in the first
three centuries of Islam, its followers, more than any other school, were the chief authors and
experts on formularies (shurut), notarial documents, and the profession and conduct of judgeship
(adab al-qada). It is distinguished from the other schools through its placing less reliance on mass
oral traditions as a source of legal knowledge. It developed the exegesis of the Quran through a
method of analogical reasoning known as Qiyas. It also established the principle that the
Universal concurrence of the Ummah (community) of Islam on a point of law, as represented by
legal and religious scholars, constituted evidence of the will of God. This process is called
ijma',which means the consensus of the scholars. Thus, the school definitively established the
Qur'an, the Traditions of the Prophet, ijma' and qiyas as the basis of Islamic law. In addition to
these, Hanafi accepted local customs as a secondary source of the law.

FOUNDER OF THE SCHOOL OF THOUGHT IMAM ABU HANIFA:-

Imām Abu Ḥanīfah(R.A.), was the founder of the Hanafi school of Islamic law—the largest of
the four primary Sunni schools of law. He was born in Kufa, but his ancestors were originally
from Iran. The formation of Abu Hanifa played a decisive role to find him in Kufa, which that
period was one of the cultural centers of the Caliphate. His forefathers were engaged in silk
trade. So, In his early time he was involved in that trade. He was keenly interested in study.
Primary, basic Islamic teachings were acquired from his homeland. At the age of 22 years much
spare time was spent in debating. In this period of time Imaam Sha’bee (R. A.) advised Imam
Abu Hanifah ( R.A.) to associate himself with a scholar. Being unable to answer a query
regarding the correct Sunnah procedure of divorce, Imam Abu Hanifah began to join the
gatherings of imam Hammad (R. A),(student of Hadhrat Anas (RA.) ), disposing of his works as
a debater. For the next ten consecutive years he remained the student of Imam Hammad (R.A.).
After two years, for a period of two months Imaam Hammad took a sudden leave to Basra ( due
to his relative’s death) leaving Imam Abu Hanifah (R. A.) to continue his work in Kufa. Imam
Abu Hanifah (R. A.) remained Imam Hammad’s student for a further 8 years. The Imam went to
Medina in 102 A.H. in pursuit of Knowledge and attended the lessons of seven top theologians.
The celebrated Imam Musa Kazim and his illustrious father Imam Jafar Sadiq the descendants of
Muhammad, were the greatest authorities in Islamic learning of their times and Imām Abū Ḥanī
took full advantage of their society in Medina. He was highly impressed with the erudition of
Imam Ja'far al-Sadiq whom he acknowledged as the most learned man in the world of Islam.

FORMATION OF THE HANAFI SCHOOL OF THOUGHT :-

Abu Hanif left no fundamental books. Several small booklets which he ascribed to express only
the general ideological principles and tenets of his teachings. Almost all of his legacy was passed
to them orally their students, who began work on the systematization and records everything
tremendous scientific heritage, which left a teacher. His disciples done everything in their power
to ensure that the legacy of this great man was not forgotten, and their efforts began to form the
ideological and legal School (Madhhab)Hanafi, who was destined to become one of the most
prevalent in orthodox Islam. In preserving, organizing and disseminating the teachings of Abu
Hanifa is particularly distinguished two of his students - Yaqoob ibn Ibrahim al-Ansari (d. 182),
the better known as Abu Yusuf and Muhammad ibn al-Hasan Al-Shibani (132-189 g.). They are
called "sahibaan (two students). Abu Yusuf is the author of the following works:

Kitab al-Asar:-
In this essay Yusuf, son of Yaqoob ibn Ibrahim, tells of his father, and that of Abu Hanifa. In
this work are the links and chains narrators (isnady) of all the events that date back to the Prophet
and his companions, referred to by the late teacher. The same essay shows the scientific methods
of Abu Hanifa, and also collected fatwas of various Iraqi jurists.
Ihtilafu Abu Hanifa wa Ibn Abu Laila.
This polemic tells about the various aspects of the debate on various issues between Abu Hanifa
and jurist Ibn Abu Leila. It also clearly expresses the world?? bit ibn Numan and his methods.
Alaa al-radd al-Siyyer Avzai.
In this work refers to the respect Muslims with non-Muslims during the conduct of war and
addresses various aspects of Islamic doctrine of war (jihad).
Kitab al-Kharaj.
In this work of Abu Yusuf addressed the economic problems state. Distinctive feature of this
work is its own representations on this issue, which sometimes do not coincide with the
representations of the Abu Hanifa, which the author gave in parallel with his thoughts. What As
for Muhammad ibn al-Hasan al-Sheibani, he was a disciple of Abu Hanifa short time.

SOME METHODS OF THE HANAFI SCHOOL OF THOUGHT

Those fatwas, which are based on the verdict of Abu Hanifa, Abu Yusuf and Muhammad Al-
Shibani (Zahirul-Rivayya) is the final and binding execution. If the requirements of Abu Hanifa
and Sahibeyna different, the prescriptions founder of school of thought are more a priority
for execution. What As for the requirements Sahibeyna (Abu Yusuf and Muhammad al-
Sheibani), they not given in this case, preference, if not for that, no pressing necessary. For
example, the need may occur if data membership of a fatwa of Abu Hanifa are questionable. By
certain issues, such as evidence of inheritance or fatwas can be given with
reference to Abu Yusuf. On some issues fatwa can be given and with reference to
Muhammad al-Sheibani and Zufarov ibn Huzayla.
If for some issue no ready prescription Imam (Abu Hanifa), the fatwa (legal requirement)
may be issued on the basis of the views and evidence of Abu Yusuf, then Muhammad Al-
Sheibani, and then Zufarov Huzayla and ibn Hasan ibn Ziyad.
If any problem can be applied as qiyas and istihsan, then in most cases it is necessary to
issue an order pursuant istihsan.
If Zahiru'r-Rivayye there is nothing on any issue under consideration, then its solution is
allowed to seek other sources of school of thought If from the Imam (Abu Hanifa) on some issue
there are many legends, then the granting legal requirements necessary to refer to the most
convincing and indisputable. When Masha (followers who have not seen Abu Hanifa) have
different, sometimes conflicting requirements on some issue, must give fatwa on the basis of
majority opinion. Cannot issue legal regulations on the basis of the weak and doubtful traditions
(hadith).However, if there is an urgent need, in exceptional If permissible to issue a fatwa on the
basis of these legends.

CONCLUSION:
The Hanafi School is the first of the four orthodox Sunni schools of law. It is distinguished from
the other schools through its placing less reliance on mass oral traditions as a source of legal
knowledge. How already stated above, the disciples of Abu Hanifa, in spite of some differences
with Teacher on specific issues, in general, sought to extend its legal school
in the Caliphate. At the same time, they were engaged in teaching activity and did everything in
their power to further refine the theoretical basis of the Hanafi school of thought. Thanks to their
efforts Hanafi teaching has become a comprehensive school of Islamic jurisprudence, which
was able to solve almost all the existing problems in this area. These processes have led to the
fact that this Madh'hab became the most widespread in Abbasid caliphate. Hanafism even
began to encourage the ruling dynasty, which was interested in the presence of the state of the
fundamental legal framework. When Abbasid Caliph Harun al-Rashid, one of the most
prominent theorists of the Hanafi school of thought Abu Yusuf became the supreme judge
(kadiem) of Baghdad. All kadii provinces of the Caliphate appointed them. In selecting
candidates, Abu Yusuf gave Preferred representatives of the Hanafi school of thought. For this
reason, hanafism spread in the country with even greater rapidity. Later Hanafi Madh'hab
acquired official status in the Ottoman State Empire. Since Hanafi Madh'hab firmly established
in various regions Muslim world and to this day his followers is the majority of Muslims in the
world. Usul al-Fiqh as an academic discipline dealing with the principles and doctrine of
developing fiqh, practically has been in place ever since the very inception of fiqh, although the
jurists from the time of Sahabah did not articulate them as a definite science of methodology for
discovering the law.