Abu Hanifah & His Concept of Rational Fiqh
by Ahmad Muzaqqi* (114211062)
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| Source: hadijha.blogspot.com |
There are not many details available about Abu Hanifa’s life in Kufa. He
worked there as a silk merchant and also that he acquired scholarly training in
the religious law and hadith. He attended the lecture session of Hammad b Abi
Sulayman (d. 120/738) in Kufa and possibly of Ata b Abi Rabah (d. AH 114 or
115) in Mecca. After Hammad died, Abu Hanifa gained fame as the foremost
acholar of religious law in Kufa, but he never served as qadi (judge). However,
he was offered judgeship by various rulers, such as Yazid b Amr, the governor
of Iraq during the time of Marwan ibn Muhammad, who was the last Umayyah
caliph. When Abu Hanifa declined, Yazid had him whipped, and the former escaped
to Mecca, where he stayed for five or six years. Abu Hanifa is counted among
the most illustrious of the successors (Tabiun), and some sources relate that
he met at least four companion of the prophet, including Anas b Malik. In the
eyes of the pious in particular, this distinction conferred on him and his
scholarly activities great merit. His usual honorific is al-Imam al-A’zam (the
greatest Leader), from which the neighborhood around his mausoleum in Baghdad
derives the name al-Azamiyya.
His
Education
Then is the explanation about his education, actually. In Iraq itself at that time there were
various sects of theology and thought. Before Islam came, in the city of Kufa
already there are schools that teach about Greek and Persian philosophy, there
are some sects of Christians who often mixed arguments about faith issues.
After Islam in, in Kufa there sects and cults are very varied, then there was a
split in the politics and faith, between Shia, Khawarij and Mu'tazilah sect.
The fishing conditions Abu Hanifa geliat young to straighten all that. Abu
Hanifa engaged in dialogue to give enlightenment to them. Unfortunately
interaction Abu Hanifa done just cuz then briefly turned his Abu Hanifah, and
decided to trade in the market. Sometimes he attended in the ceremony, but he
was rarely done. It is more often busied himself in the trade, until one day
God came through an indicator called Syu'ba that suggest the Abu Hanifa to
learn to scholars, because Syu'ba sees the intelligence and passion to make a
change and enlightenment on the figure of Abu Hanifa. And finally Abu Hanifa
even Syu'ba follow good advice given to him.
In early times the intellectual adventure of Abu Hanifa, according to
expert analysis of history, there are 3 variants halaqah is approached Abu
Hanifa, namely: (1) Sheikhs of beliefs and policies of this place attended by
some sects and groups. (2) Abu Hanifa often come halaqah-hadist talk about good
Hadist dirayah or riwayah. (3) Whereas
last halaqah often approached Abu Hanifa is Halaqah about Fiqh and fatwas
addressing the problems of religious law that occurred at that time (al-masa'il
al-waqi'iyah).
Learn the word of knowledge and take the gist of it, that knowledge about
the debate, according to memorize the Qur'an recitation of Imam 'Ashim, and
memorize some Hadist and learn Arabic grammar with sastranya. But in the end
Abu Hanifa centralize intellectual adventure and pour his thoughts on the study
of jurisprudence around.
Abu Hanifah took knowledge from the experts in their respective fields.
Fiqh learn from an expert named Hammad ibn Abi Sulaiman. Hammad own take on the
essence of Abraham's jurisprudence-Nakha'i. It is the understanding of the
scholars of fiqh Ibrahim an-Nakha'i in Kufa, therefore it is very thick Hanafi
Fiqh with Abraham's mindset-Nakhai. Hammad Abu Hanifa accompany for
approximately 20 years until Hammad died in 120 H. When the age of Abu Hanifa
even 40 years old, at the time of psychological maturity and perfection of a
rationalist.
When you take a trip to Mecca, Abu Hanifah also likely learned to Atho 'Ibn Abi Ribah. During their stay in Makkah, Abu Hanifa used to study him. A history mentioned that Abu Hanifa did Hajj 55 times in his life.
When you take a trip to Mecca, Abu Hanifah also likely learned to Atho 'Ibn Abi Ribah. During their stay in Makkah, Abu Hanifa used to study him. A history mentioned that Abu Hanifa did Hajj 55 times in his life.
While in Iraq itself, Abu Hanifa many learn to Shi'a scholars from some
sect, as sect Kaisaniyah, Zaidiyah sect, and the Shiites Istna Isma'iliyah
Asyarah. Each of them provides its own influence on the development of thought
of Abu Hanifah. Therefore, we can take the red thread, That Hanafi Fiqh is
Islamic jurisprudence with a variety of patterns, but the most dominant pattern
of Fiqh Fiqh of Abu Hanifa is rationalist, but He himself is the teacher of the
rationalist legal scholars.
Abu Hanifa was born in the year 80 AH, at the time of the Umayyad dynasty in power under the leadership of Abdul Malik bin Marwan. Abu Hanifa saw the development times Umayah Dynasty to finally collapsed. Abu Hanifah lived until the year 150 H, meaning they also live in a time of growth Abbasid Dynasty. Abu Hanifa found more time Umayah Dynasty verdict intersection with the Abbasid Dynasty. It lives at the time of the Umayyad dynasty in power for 52 years. At that time the intellectual conditions to grow, but the intellectual climate was not emerge from the government, but blown by a community of knowledge society is the beneficiary of his companions. Abu Hanifa found the time only 18 years old Abbasid Dynasty. In the middle of the Abbasid dynasty and the end of Umayyad Empire, that at the time when Abu Hanifa life, arguably the intellectual condition of getting appreciation from the government. Because at the time of Abbasid Empire, ruling over themselves to rebuilding concentre omission Umayyad dynasty and intellectually less attention at the time.
Abu Hanifa was born in the year 80 AH, at the time of the Umayyad dynasty in power under the leadership of Abdul Malik bin Marwan. Abu Hanifa saw the development times Umayah Dynasty to finally collapsed. Abu Hanifah lived until the year 150 H, meaning they also live in a time of growth Abbasid Dynasty. Abu Hanifa found more time Umayah Dynasty verdict intersection with the Abbasid Dynasty. It lives at the time of the Umayyad dynasty in power for 52 years. At that time the intellectual conditions to grow, but the intellectual climate was not emerge from the government, but blown by a community of knowledge society is the beneficiary of his companions. Abu Hanifa found the time only 18 years old Abbasid Dynasty. In the middle of the Abbasid dynasty and the end of Umayyad Empire, that at the time when Abu Hanifa life, arguably the intellectual condition of getting appreciation from the government. Because at the time of Abbasid Empire, ruling over themselves to rebuilding concentre omission Umayyad dynasty and intellectually less attention at the time.
Political
Condotion
Abu Hanifah lived in two orders of the ruling, the Umayyads and the
Abbasids, then later Abu Zahra feel the need to consider the social and
political situation during the two orders.
Daula Umayyad rule Khulafa'u standing after ar-Rosyidin resignation. At the time Khulafa'u Rosyidin, Khalifa is appointed from those options and of course the previous Caliph recommendation, or without recommendation earlier caliphs, as in the leadership of Umar ibn al-Khattab and Ali ibn Abi Talib. At the time of the Umayyad dynasty, the system of government changed from democracy to monarchy. Mu'awiya the first Umayyad caliph, took power in a way Abitrasi (tahkim). There was a conflict and hostility pengiringi trip Umayyads. We can look at the time of the insult to Ali ibn Abi Talib, even insults and invective caci tehadap experts temple nearly happening at every Friday prayer pulpit. It's almost become an ongoing tradition, which pioneered by Mu'awiya bin Abi Sufyan, came to the leadership of Umar bin Abdul Aziz.
Daula Umayyad rule Khulafa'u standing after ar-Rosyidin resignation. At the time Khulafa'u Rosyidin, Khalifa is appointed from those options and of course the previous Caliph recommendation, or without recommendation earlier caliphs, as in the leadership of Umar ibn al-Khattab and Ali ibn Abi Talib. At the time of the Umayyad dynasty, the system of government changed from democracy to monarchy. Mu'awiya the first Umayyad caliph, took power in a way Abitrasi (tahkim). There was a conflict and hostility pengiringi trip Umayyads. We can look at the time of the insult to Ali ibn Abi Talib, even insults and invective caci tehadap experts temple nearly happening at every Friday prayer pulpit. It's almost become an ongoing tradition, which pioneered by Mu'awiya bin Abi Sufyan, came to the leadership of Umar bin Abdul Aziz.
Occurred bigotry against Arab rulers among the Umayyad dynasty. They are
too proud heritage of pre-Islamic Arabia. While it is true that we deserve to
thumbs-up, but this is excessive fanaticism, because it has reached the level
marginalize non-Arab groups (mawalli). The rights of the non-Arab neglected,
for example in the case of the spoils of war that are not shared equitably, but
not all men are the same side of God, which distinguishes us is our devotion to
God, not lineage, position and possessions.
The condition of the Abbasid dynasty likened to rain after the dry season,
that is the tranquility. At this time, the more liberal jurists to give
crackling against the government, except during the reign of Abi Ja'far, a lot
of oppression and discrimination.
Abu Hanifah settled in Iraq. Iraq is the birthplace, the place where he
grew and developed, and there also he did intellectual odyssey. In Iraq, a
diverse community of life, ranging from the Persian, Roman, Indian and Arabic.
In Iraq there are also sects manifold. All the community social interaction and
have different customs. All have an influence on the development of Fiqh, so
that the Fuqaha of arable land becomes more widespread, due to problems arising
from a pluralistic community, is more complicated and complex. Iraq, in
addition to having the advantages in terms of social conditions, also have
intellectual climate conducive, because there are various sects of theology,
such as the Shiites, both the moderate to extreme Shiite, and there is also a
sect of Mu'tazilah, Qadariyah and also Murji 'ah.
With conditions like this, Iraq is a place to grow and perkembangnya
schools of thought, as recorded in the statement of Ibn Abi Hadid in a book,
Syarhu Nahju al-Balagha, which is a striking difference between Rawafid and the
people who live around the Prophet Muhammad is that life Rawafid in Iraq and
lived in Kufa, where thought and theological sects gathered, so that this
community has the instinct and rationality deep thinking about theology. In
contrast to those who live in the Hijaz, social and cultural conditions of the
people who live there are not the same as those who live in Iraq. Therefore,
very in the know Iraq has spawned the field of theology and intellectual
thought.
His view about theology
As set forth at the beginning of the discussion, Abu Hanifa
often interact and
debate with theological cult figures of his
time. Abu Hanifa's initial intellectual odyssey
is a theological issue,
then he turned
away and concentrate on studies around issues
of Fiqh, Fiqh until
he distinguished by
its rationality. However,
he did not sever
ties with the
theologian. Abu Hanifa
is still debating and dialoguing with
them if Abu
Hanifa was no
theological problem that is considered urgent to be solved.
Abu Hanifah often
argued with the sect
companion thought, ranging from the problem
of the existence of faith, it
came to commit major sins (al-kabir murtakib). This
can be traced from two things:
1. Of the narrations, whether valid or not.
2. Of books written on the subject of theology Abu Hanifa, namely:
a. The book Fiqh al-Akbar
b. The Book Alim wa al-Muta'allim
c. Book of Proceedings ila Ustman bin Muslim al-Batha
d. Book of ar-Roddu
'ala Qadariyyah.
His view about Fiqh
This is the core of the discussion of the history
of great men, talking about Abu Hanifah. But he did not have a paper or book on
Fiqh. The books written by Abu Hanifah were majority of discussion about
theology. Although Abu Hanifah did not write the book on Fiqh, but students are
collecting its opinions and write it. One of the students who gather and write
the Abu Hanifah’s opinions, despite not recording a global opinion, is Imam
Muhammad al-Hakiyah. Abu Hanifa’s opinions could not be recorded due to his
encounter with all of Abu Hanifa only takes a moment. Abu Hanifah died when
aged Imam Muhammad al-Hakiyah was 18 years old. It is a fairly young age to be
able to record all knowledge of an Abu Hanifah’s intellectual caliber.
Abu Hanifa’s Fiqh character is speculative fiqh
(jurisprudence at-Taqdiry). Abu Zahra define Taqdiri Fiqh is a fatwa in fiqh
issue that has not happened by way of analogy with the problems which have
occurred. This mode of fiqh is as widely used by scholars and experts qiyas (comparison) rationalist. Actually,
the fiqh style periods Prophet replied only problems people are already
happening. At the time of the Companions and Tabi'in evolved existing methods
of explaining the law and kept the laws existing Fiqh. At the time of Abu
Hanifa's fiqh evolved into speculative, i.e. compare (do qiyas) a new case that has not happened (before) with the existing
law. Fiqh taqdiri has actually appeared before the Abu Hanifa. Syu'ba was jurist
often found that using the word "law
kana kadza" and it included Fiqh at-Taqdiri.
In the book Muwafaqat,
as-Syatibi’s work, there is a history of Syu'ba advice to their students,
"Take care of the three cases. First, when you are asked something of a
problem, do not continue with the other problems. Second, when you are asked a
problem, do not compare it with existing law. Third, when asked about the
issue, and you do not know the solution, then say, I do not know."
There is disagreement among most jurists about the
may using Fiqh Taqdiri method. In the 3rd period H, Many jurists who use such
methods, even detailing a problem until the irrational, something that is
unlikely to happen.
According to references were used by Abu Hanifah
in doing the excavation law (istinbat)
are the Qur'an and the Hadith of the Prophet. Abu Hanifa also recognized Ijma
'and Qiyas which is a characteristic of fiqh taqdiri. Some even thought that
Abu Hanifa prefers qiyas than tradition, but Abu Hanifah refuse that notion,
and said "is needed comparison after al-nash al-sharih (clear/shohih)?"
Abu Hanifah uses the comparison in the excavation law after finding difficulty
in nash.
But, the point of his thought about interpretation
to understand the law were based on 7 cores:
-
Quran
-
Tradition/sunnah
-
Ijma’ (the consensus
of mujtahid)
-
Qiyas (compare using
the logical analytic)
-
Successor (sahabat)
opinion
-
Al-istihsan
(society’s goodness). It was his new thought and never appeared before.
-
‘Urf (the society
tradition)
In the year 150 H, Imam Abu Hanifah was called by
the Almighty in Baghdad and was buried there. He has succeeded in presenting a
sublime fiqh. His sect spread from Kufa, and after a review of the scholars of fiqh
and its opinions, the Hanafy’s school extends to Egypt, to the Roman Sham and
Iraq, including India and China mainland.
Analytical View
I think, Abu Hanifa had a new fiqh’s view. And it could be important for
the next generation, after him. It was the founding father of istihsan, which a
new way to understand the law according the context and era’s need, I mean
preferring the society goodness. After he used his “Rational Fiqh”, many
jurists followed it. It can show that Islam is the best religion, I meas it is
Syariah. It will make a “new” way to understand the law according to local
wisdom and differences of tradition (according to a region each other). I
belief that it will make Islamic though is sholihun likulli zaman wa makan”
as the reality. It also can interpret and find a new meaning and understanding,
dynamic not static, can be accepted by everybody.
But, I personally also criticize him, especially about ijma and
successor opinion. Because this classification was to much. And it can appear a
new problem for the next generation of jurist. And the other problem that
appeared the next, after he made his thought is the “bad” claim for him. He was looked as the
rational without literature, or just used the contextual without textual. But, ala
kulli hal, I also proud wit this Imam al-a’dzam. Amazing.
___________________
* Mahasiswa Semester IV Jurusan Tafsir & Hadits Fakultas Ushuluddin IAIN Walisongo.
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