The Hanbali School of Law and Ibn Taymiyyah

Conflict or Conciliation

Abdul Hakim I Al-Matroudi

• Publisher: Routledge
• Year: 2006
• eBook ISBN: 9781134295012
• Edition: 1
• Topic: History
• Subtopic: Middle Eastern History
• Index: History

The Hanbali School of Law and Ibn Taymiyyah

provides a valuable account of the development of Hanbalite jurisprudence, placing the theoretical and conceptual parameters of this tradition within the grasp of the interested reader.

Studying the vibrant yet controversial interaction between Ibn Taymiyyah and the Hanbali School of law, this book assesses to what extent this relationship was a conflict or reconciliation. The author takes a detailed exploration of the following issues:

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• the strength of contributions made to this School by earlier paragons associated with Ahmad Ibn Hanbal

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• the contextual constructs which shaped the tradition's development

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• the methodology and literature synonyms within the classical School

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• the manner by which Ibn Taymiyyah engaged with the Hanbali tradition

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• the impact of his thought upon the later expression of the School's legal doctrines and its theoretical principles

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• the contribution made by this School in general to the synthesis of Islamic law.

Giving background material to the Hanbali School of law, this book is a vital reference work for those with interests in Islamic law, the history of the Hanbalite tradition and its principle luminaries.

1
IBN ḤANBAL AND IBN TAYMIYYAH

AḤMAD IBN ḤANBAL

Introduction

The Ḥanbalī School of law is acknowledged to be amongst the four canonical Sunni madhāhib.¹ It is named after Abū ‘Abd Allah Aḥmad b. Muḥammad Ibn Ḥanbal (d. 241/855), a scholar who was born in Baghdad, in the year 164/780. His father died when he was a child, so his mother assumed responsibility for his upbringing from an early age. He was to become one of the most distinguished personalities of Islam, by virtue of his extensive studies of various Arabic and Islamic sciences in different parts of the Islamic world and his famed uncompromising stand against the inquisition instituted by the Abbasid al-Ma’mun. He travelled to numerous places including Kufah, Baṣrah, Makkah, Madjnah, Yemen and Syria.² Even after he had become a famous scholar he did not cease to undertake these expeditions in pursuit of knowledge. When some of his contemporaries expressed their amazement at his frequent journeys, despite his considerable accomplishments and elevated station, he remarked: ‘With the ink-pot to the grave-yard’, that is, until the end of life!³ Aḥmad realised that knowledge was a bottomless sea, devoid of boundaries, and he was therefore obligated to pursue it to the end of his life. He knew also that he would be deemed ignorant if he was to rest on his laurels claiming mastery of everything. The era in which Aḥmad lived has become known amongst the scholars of the evolution of jurisprudence as the era of mujtahids,⁴ owing to the great number of leading scholars who flourished at the time.

Aḥmad's teachers

There is scant reference to Ibn Ḥanbal and his teachers during his early steps upon the path of knowledge. It is known, however, that he started his education at a very early age in the institute called the kuttāb. Aḥmad mentioned: ‘When I was a little boy I used to attend the kuttāb, and when I turned 14 I went to the diwān.’⁵ It is known that students at the kuttāb in that period learned the basic elements of Arabic and Islamic studies in addition to other subjects.⁶ Some of his teachers in the science of the Qur’an, for example, Ibn Abj Kathjr, are known us.⁷

A characteristic of Aḥmad at that stage which is Abūndantly clear from the sources is his ardent devotion and commitment to learning. In one narration, Aḥmad's mother is reported to have hidden his clothes in order to prevent him from going so early to study circles scheduled to take place after dawn. She would argue with her son and attempt to persuade him to wait until the call to the dawn prayer was announced.⁸

We are not aware of the exact time at which Aḥmad commenced his advanced study. In one report he said that he began his study and search for ḥadīth when he was 16 years old.⁹ This would mean that he started in the year 179/795. This narration does not, however, necessarily mean that he did not study any of the sciences at an advanced level until he had attained 16 years of age. We can say this because of the following points:

• It is clear in this narration that Aḥmad was referring to the science of ḥadīth in particular and not to any other subject.
• Certain narrations in existence indicate that Ibn Ḥanbal studied under the guidance of some scholars before this date.¹⁰
• It is clear from Aḥmad's commitment to the acquisition of knowledge that he would not abandon an opportunity to attend the circles of the scholars, particularly as Baghdad was the centre of learning at that time.¹¹

There are some sources which indicate that Ibn Ḥanbal attended the study circles of the leading Ḥanafī scholar Abū Yusuf (d. 182/798).¹² This could have been possible for various reasons:

• Abū Yusuf and Aḥmad were both residents in Baghdad.¹³
• Abū Yusuf occupied a prominent station amongst his contemporaries. Furthermore, he was a scholar of jurisprudence who also had the knowledge of ḥadīth,¹⁴ a science for which Aḥmad entertained a particular enthusiasm.

Does this, however, conflict with what is reported by the Ḥanbalī scholar al-Khallhl (d. 311/923), that Ibn Ḥanbal memorised the books of Ahl al-Ra’y and then abandoned them?¹⁵ Does it also mean that he was referring to Aḥmad's studies with Abū Yusuf ? It appears that there is no contradiction between what has been mentioned previously and this narration, for Aḥmad's studies were conducted within the framework of Ahl al-Ḥadīth, and Abū Yusuf in later years combined the methods of Ahl al-Ra’y and Ahl al-Ḥadīth, as Ibn Taymiyyah indicated.¹⁶

This suggests that Aḥmad did not leave Abū Yusuf because of his affiliation to Ahl al-Ra’y. This argument is founded upon various premises, namely:

• As mentioned previously, Abū Yusuf combined the methods of Ahl al-Ra’y and Ahl al-Ḥadīth. Therefore, his jurisprudence, particularly in its later stages, was an amalgamation of the two different methods.
• It seems that Ibn Ḥanbal only left the study circles of Abū Yusuf on the death of the latter, who passed away in the year 182/798.¹⁷ This means that Aḥmad studied for a period of three years under the supervision of Abū Yusuf (179–182/795–798).
• The claim that he studied under Abū Yusuf before affiliating himself with Ahl al-Ḥadīth appears unjustified. This is because Ibn Ḥanbal himself declared that he started studying ḥadīth when he was 16 years old, the same year in which he met Abū Yusuf. He continued his studies under his supervision until the year 182/798.

It appears that Ibn Ḥanbal studied and committed to memory some of Ahl al-Ra’y's treatises, because the Ahl al-Ra’y method of studying Islamic law was widespread in Iraq. He thereafter abandoned these treatises by reason of his preference for the method of Ahl al-Ḥadīth. Ibn Taymiyyah says: ‘Although Ibn Ḥanbal was from al-Baṣrah, he did not follow the method of this region in studying law; rather he studied according to the method of Ahl al-Ḥadīth.’¹⁸

It appears that Aḥmad studied two subjects under Abū Yusuf. The first was ḥadīth. This is confirmed by Ibn al-Jawzj in his book al-Manāqib, where he related Ibn Ḥanbal's statement that Abū Yusuf was the first scholar under whose authority he wrote down ḥadīth.¹⁹ The second was jurisprudence; this is because Abū Yusuf was one of the eminent jurists of his time and his fame as a jurist was greater than his status as a muḥaddīth.²⁰

His first well-known teacher in the science of ḥadīth was Hushaym (d. 183/799).²¹ His studies with this scholar had a profound impact upon him, because Hushaym was one of the well-known scholars of Ahl al-Ḥadīth.²² In one narration, Aḥmad is quoted by al-Aṣfahhnj in Ḥilyat al-’Awlyā’ as saying that he studied ḥadīth under Hushaym for the first time in 179/795.²³ Prior to 183/799, he concentrated his efforts on acquiring knowledge within Baghdad. It appears that an important factor in this was the presence of a large number of scholars in Baghdad, coupled with those who visited Baghdad from different parts of the Islamic world.²⁴ His engagement in the study of ḥadīth with Hushaym also seems to have kept him in Baghdad. This view is supported by the fact that Aḥmad's first journey to Kufah in 183/799²⁵ was after the death of his teacher.

After this period, Aḥmad started travelling in order to further his knowledge. During the course of his travels, he encountered several eminent scholars, such as Sufyhn b. ‘Uyaynah (d. 198/814).²⁶ He also employed his ḥajj journeys to gain knowledge in hijāz. It was on ḥajj that he first met his Sheikh, al-Shhfi‘j, in the year 187/803. He received a second opportunity to learn from Shhfi‘j when the latter journeyed in 198/814 to Baghdad, where he spent two years.²⁷

Aḥmad's studies under Shhfi‘j, in addition to Abū Yusuf, assisted him in developing his method of studying Islamic law by combining Prophetic tradition and jurisprudence.²⁸

It seems that these two scholars enjoyed an excellent relationship. Aḥmad is reported to have said that he had not seen a scholar more excellent than his Sheikh, and al-Shhfi‘j commented in a similar manner concerning Aḥmad.²⁹ Al-Shhfi‘j also mentioned that Aḥmad was greater in the knowledge of ḥadīth than himself.³⁰ In other narrations it is related that al-Shhfi‘j asked Aḥmad to inform him of any authentic traditions of which he was aware, in order that he might establish his rulings based on them.³¹ Moreover, Shhfi‘j advised the caliphs on two occasions to appoint Aḥmad as a judge, an offer Aḥmad is reported to have refused.³²

Another scholar who taught Ibn Ḥanbal was ‘Abd al-Razzhq al-Ṣan‘hnj (d. 211/826), who was one of the most knowledgeable scholars of ḥadīth.³³ The excellent reputation of this scholar had spread throughout the Islamic world. Aḥmad and his friend and fellow student Yaḥyh b. Ma‘jn (d. 233/848) agreed to travel all the way to Ṣan‘h’ in Yemen to study under this reputed scholar. On their way they went to Makkah to perform Ḥajj. There, they happened to meet ‘Abd al-Razzhq and attended his study circles in Makkah. After completing the Ḥajj they continued on their journey to San‘h’, where th...

Table of contents

• Cover Page
• Title Page
• Copyright Page
• Culture and Civilization in the Middle East
• Tables
• Preface
• Acknowledgements
• Note on Transliteration
• Introduction
• 1: Ibn Ḥanbal and Ibn Taymiyyah
• 2: A Comparison of the Basic Principles of Islamic Law According to Ibn Ḥanbal and Ibn Taymiyyah
• 3: Re-laying the Foundations Ibn Taymiyyah and Ḥanbalī uṣūl
• 4: Reconstruction Ibn Taymiyyah and Ḥanbalī jurisprudence
• 5: The Legacy The influence of Ibn Taymiyyah on Ḥanbalī jurists
• 6: A Case of Conflict? The intended triple divorce revisited
• Conclusions
• Notes
• Bibliography