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Philosophy and Fundamentals of Sharī’ah for Islamic Finance
SHA0011

f. His outstanding intelligence and contribution in Islamic jurisprudence
had been written in several important books such as al-Fiqh al-Akbar
(The Greatest of Jurisprudence), al-Radd ‘ala al-Qadariyyah
(Rejoinder to the Opponents of Predestination), Ikhtilāf al-Ṣahābah
(Disagreements between the Companions), Musnad Imām Abi
Hanīfah (Imām Abu Ḥanīfah’s Collection) and Jami’ al-Masānid
(Collection of Collections of Ḥadīth).

Salient Features of Ḥanafī Madhhab in Ijtihād

a. The general expression of texts carries definitive (qaṭ‘i) implication.
b. Reason and logic are legitimate in the process of ijtihād pertaining to rules
related to practical questions of life.

c. Preference should be given to a clear cut analogy over the solitary hadīth.

d. Juristic preference (istiḥsān) is preferred in the event analogy leads
to absurd result.

e. Application of juristic preference (istiḥsān) in formulating their juridical
decisions.

f. They are regarded as the most flexible and workable school in the area of
commercial transactions.
Example of Ijtihād based on Ḥanafī Madhhab

• An adult girl is eligible to conclude her own marriage contract in the
absence of her legal guardian (walī).

• No one may impose any restrictions on the owner’s right to utilise his
property even if it inflicted harm on another person so long the harm is
not exorbitant.

• The government nor the society may interfere in the personal liberty of
individuals provided it is not in violation of any laws.

The Mālikī Madhhab

a. The Mālikī madhhab was founded by Abu Abdulllah, Mālik ibn Anas
ibn Mālik ibn Abi Amir ibn Amr. Imām Mālik had an early education in
Islamic jurisprudence since he was born into a family of jurists and teachers.

b. Imām Mālik was reported to have learnt from more than 900 teachers, 300
of which were students of Companions (Tābi‘in) whilst the rest were the
followers of the Tābi‘in.
c. Since Imām Mālik had been living in Madīnah from birth, he was a strong
supporter of the Hadīth, and had in fact learned to incline more towards
the use of personal reasoning (ra’y) from Rabi’ah and Yaḥya ibn Sa’id.

d. Imām Mālik was known for his very sharp memory and quick thinking.
He has never rushed to issue any fatwa before exhausting his thinking
faculty.