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Philosophy and Fundamentals of Sharī’ah for Islamic Finance
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f. According to Imām Aḥmad, Ḥadīth cannot be overruled by the prevailing
customs or by ijmā’ and Qiyās, for that matter.

g. An instance of the Hanbalis’ ijtihād lies in the ruling of invalidating
a judgement passed in anger. The Hanbali’s render a judgement passed
in relation to the above as invalid. Such a ruling is based on the Ḥadīth
which means “Let no judge adjudicate a case between two people
when he (the judge) is angry”.

Salient Features of Ḥanbali Madhhab in Ijtihād
a. Hanbalis is known for their central reliance on Prophetic traditions
(sunnah) instead of other means of juristic methodologies. Application
of analogical deduction is very limited.

b. Preference will be given to Hadīth though it is a weak Hadīth if the
former contradicts with the practices of the companions.

Example of Ijtihād based on Ḥanbali Madhhab

• Probation period (‘iddah) of the divorced women who are pregnant is
lapse upon delivery and not longer than two periods namely 130 days or
until delivery.

• Owner of a large house has to provide shelter to the homeless.

Ḥanafī Madhhab

Ḥanbali Madhhab
Shāfi’ī Madhhab

Mālikī Madhhab

Figure 1 : Distributions of Schools of Islamic Legal Thought