The Hanafi School

The Hanafi School is one of the most important and widely followed schools of Islamic jurisprudence within Sunni Islam. It has its origins in the teachings of the great jurist and theologian Abu Hanifa (699–767 CE), and its legal theory has influenced a vast portion of the Muslim world, including India, Pakistan, Turkey, and Central Asia. 

This article aims to provide a detailed and informative overview of the Hanafi School, discussing its historical background, foundational principles, key legal texts, and its application in various areas of law, including family law, inheritance law, and custody rights.

Historical Background of the Hanafi School

The Hanafi School traces its roots back to Kufa, a city in Iraq, where the school was originally known as the Kufa School before it was renamed after its founder, Abu Hanifa. Abu Hanifa, whose full name was Nu’man ibn Thabit, was born around 699 CE and spent much of his life developing his legal theories based on his study of Islamic texts, such as the Qur’an, Hadith, and the practices of the Prophet Muhammad’s companions. His primary contributions to Islamic jurisprudence were his systematic approach to legal reasoning and his emphasis on the use of reason (ra’y) in deriving legal rulings.

Abu Hanifa’s methodology was distinctive in its reliance on qiyas (analogical reasoning), istihsan (juridical discretion), and ijma (consensus). Unlike other schools of thought, the Hanafi School prioritised logical reasoning over the strict literal interpretation of texts. 

Abu Hanifa’s contributions were passed down through his disciples, Imam Abu Yusuf and Imam Muhammad al-Shaybani, who played pivotal roles in systematising the school’s legal principles. They were instrumental in laying the foundation for what we now know as the Hanafi School.

Foundational Principles of the Hanafi School

The Hanafi School is grounded in a few key legal principles that set it apart from other schools of Islamic jurisprudence. These principles are:

1. Qiyas (Analogical Reasoning): Qiyas is a cornerstone of Hanafi jurisprudence. It involves deriving legal rulings for new issues based on their similarity to known cases. The Hanafi jurists were pioneers in applying qiyas, which enabled them to address complex legal questions that were not directly covered by the Qur’an or Hadith. Through qiyas, the Hanafi jurists extended the teachings of the Qur’an and Hadith to a wider range of issues.
2. Istihsan (Juristic Discretion): Istihsan is a principle that allows jurists to depart from a strict application of qiyas if it results in a legal ruling that is unjust or impractical. This principle was introduced to ensure that the law remains flexible and responsive to the changing needs of society. It is used to amend or modify the legal rulings when adhering strictly to qiyas would result in an undesirable outcome.
3. Ijma (Consensus): Ijma refers to the consensus of the Muslim community, particularly the scholarly community, on a particular legal issue. The Hanafi School considers ijma as an essential source of law, especially when the Qur’an and Hadith do not provide a clear answer. The Hanafi jurists argued that the unanimous agreement of the Muslim scholars on any legal matter is a strong indication of its validity and alignment with divine will.
4. Local Customs (Urf): The Hanafi School acknowledges the importance of local customs (urf) in shaping legal rulings. Urf refers to the practices that are prevalent in a specific society and have been accepted by the community. The Hanafi jurists accepted that local customs, as long as they did not contradict the Qur’an or Hadith, could be used to influence legal decisions.

Key Legal Texts in the Hanafi School

While Abu Hanifa himself did not leave behind written works, his teachings were compiled and systematised by his disciples. Two of the most important texts that codified the principles of the Hanafi School are:

Hedaya

One of the most authoritative books in the Hanafi School is Hedaya, written by Ali bin Abu Baker al-Marghinani. This book, completed over a period of 13 years, is a comprehensive guide to Hanafi jurisprudence, covering various aspects of Islamic law. 

Hedaya is regarded as the key text for understanding the fundamental principles of the Hanafi School and has been widely studied and translated into different languages, including English. It is important to note that while Hedaya provides extensive details on most areas of law, it does not cover the subject of inheritance law.

Sirajiyya

The authoritative text on Hanafi inheritance law is the Sirajiyya, written by Sheikh Sirajuddin. This book became the most significant reference for matters related to inheritance, and its English translation was completed by Sir William Jones. The Sirajiyya played a crucial role in codifying the principles of inheritance within the Hanafi framework.

Hanafi Family Law: Maintenance and Custody of Children

The Hanafi School’s legal framework extends to a wide range of personal matters, including family law. Among the key issues addressed by Hanafi law are maintenance obligations and the custody of children.

Maintenance Obligations

Under Hanafi law, children are obligated to maintain their parents, particularly in cases where the parents are unable to support themselves financially. In such cases, parents have the right to claim maintenance from their children. This principle extends to grandparents, who can also seek maintenance from their grandchildren. Notably, Hanafi law gives the mother a superior claim over the father when it comes to seeking maintenance from children.

Custody of Children

The custody of children is another important area of family law under the Hanafi School. According to Hanafi law, the custody of a son lies with the mother until the son reaches the age of seven years. For a daughter, the mother retains custody until the daughter reaches puberty. Once these ages are attained, the father is regarded as the natural guardian.

This principle of custody was examined in the case of Abdul Kalam v. Akhtari Bibi (1987), which dealt with the custody of a minor son governed by the Hanafi School of Mohammedan Law. The mother claimed custody under the Guardians and Wards Act, 1890. The Orissa High Court, in its judgement, held that the welfare of the child should be the paramount consideration. 

The court ruled that the Guardians and Wards Act applies to Muslims, and the mother was entitled to claim guardianship, thereby reinforcing the principle of child welfare over traditional custodial rights.

Hanafi Inheritance Law and Legitimacy of Children

Inheritance law under the Hanafi School is another crucial aspect of its legal framework. Hanafi inheritance law is largely codified in the Sirajiyya and forms the basis for distributing a deceased person’s estate among heirs.

Legitimacy of Children: Under the Hanafi School, the legitimacy of a child is primarily determined by the timing of the child’s birth in relation to the dissolution of marriage. A child is considered legitimate if born within two years from the dissolution of marriage. This rule is consistent with the Sunni tradition and differs from the requirements of other schools, which may have different time periods for the legitimacy of children.

Application of Hanafi School in India

In India, the Hanafi School is the most widely followed school of Islamic law, particularly among Sunni Muslims. Since the majority of Muslims in India follow the Hanafi School, Indian courts often decide cases involving Muslims according to Hanafi principles, unless the parties involved belong to another school.

The Hanafi School has had a significant impact on family law, particularly in relation to maintenance and custody of children. The legal provisions relating to inheritance and maintenance, as well as the custody of children, are often decided by courts in India based on Hanafi teachings.

Conclusion

The Hanafi School has made significant contributions to Islamic jurisprudence and has a lasting influence on the legal systems of many Muslim-majority countries, including India. With its emphasis on reasoning (ra’y), analogical reasoning (qiyas), and juridical discretion (istihsan), the Hanafi School stands out for its flexibility and adaptability to changing social circumstances. Its legal framework has shaped family law, inheritance law, and custody rights, and continues to guide the legal decisions of courts, especially in Muslim-majority countries.