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CHAPTER 7
9. CODIFICATION OF ISLAMIC LAW
9.1 Earliest Compilations
After the death of Hadrat Umar, the narration of Ahadeeth (traditions) became prevalent. And during the Umayyad Caliphate, their formidable number rose to hundreds of thousands, while they were also undergoing inscription. During the Abbasid Caliphate, the work of their compilation and writing attained its zenith. Primarily, Hadrat Umar II bin Abdul Aziz thought of the compilation, therein deputing the Governor of Medina, Abu-Bakr bin Muhammad Umar ibn-Hazm for this task. However Hadrat Umar II (d. 101 H/ 719 CE) died soon thereafter whilst the work remained incomplete.
According to some traditionalists, the first and the earliest book of Hadeeth were compiled by Imam Shihab Zuhri (d. 124 H. / 741 CE). He himself, was against recording the Ahadeeth, but the Umayyad Caliphs forced him to do so. Some other authorities contend the first and earliest compilers of the Ahadeeth were Imam Abdul- Malik bin Abdul-Aziz bin Jareeh Basri (d. 155 H. / 771 CE), Abu-Nasr Saeed bin Uruyah (d.156 H. / 772 CE) and Rabi’ ibn-Sabeeh (d. 160 H. / 776 CE). About the same time, other people, too, in Medina, Egypt, Yemen, Kufah, Basra, and Khurasan, compiled books on Ahadeeth. However, out of all these books, no other book than Imam Malik’s Al-Muwatta exists today, and if, if any such book exist, is not worth consideration.[69]
9.1.1 Sihah Sittah
There are many books on Hadeeth; but the most authentic are three, namely:
1) Al-Muwatta by Imam Malik (d.179 H / 759 CE); 2) Sahih Bukhari by Muhammad bin Imsali Bukhari (d. 256 H / 869 CE) and 3) Sahih Muslim by Muslim bin Al-Hujjaj Nishapuri (d.261 H / 874 CE). These three books are considered to be in the first rank of Sihah Sittah; in the second rank are: 4) Sunan Abu Da’ud by Abu Da’ud Seistani (d.275 H. / 888 CE); 5) Jame-Tirmidhi by Abu-Isa Tirmidhi (d.279 H / 892 CE) and 6) Sunan-Nisa’i by Abdur-Rahman al-Nisa’i (d. 303 H / 915 CE). Though, in prestige, Sunan Abu-Da’ud is considered less than Sahih Muslim, yet, at a personal level, Abu-Da’ud was more respected than Imam Nishapuri, and almost equal to Imam Bukhari. Some ‘Ulema include Sunan ibn-Majah (d. 273 H / 886 CE) in lieu of Al-Muwatta (in Sihah Sittah).[70]
9.1.2 Concocted Traditions
According to Hammad bin Zaid, a section of Zanadiqah (a pseudo – Muslim sect) had fabricated as many as 14,000 false Ahadeeth. When, in 153 Hijri / 770 CE Ameer Muhammad bin Sulaiman ordered Abdul-Kareem ibn Abi-al’Auja Zindeeq to be executed, he professed to have concocted 4,000 ahadeeth. Sahl has written about Ahmed Ju’ebari ibn Makashah Kirmani and Ibn-Tameem Faryabi, that they had fabricated 10,000. Ibn Abi-Yahya Madani, Waqiqi Baghdadi, Maqatil ibn Sulaiman Khurasani and Muhammad bin Sa’eed were addicted to fabricating hadeeth freely. Muhallab bin Abi-Hafrah was known as the inventor of false Hadeeth against Khawarij; in spite of this the people believed him to be a pious man. It is very unfortunate that, at that time, even very respectable individuals considered it as an act of piety and religious service, to fabricate inherently false Ahadeeth in favour of certain Ayahs of the Holy Qur’an. Thus Nuh bin Maryam had concocted Ahadeeth in praise of the Quranic ayahs, and confessed that, “I have fabricated these hadeeth in order to divert the attention of the people towards the Holy Quran.” Abu-Asmah had also confessed to have invented Ahadeeth, as, according to him, “the people abandoned the Quran, and, instead, had turned towards Abu-Hanifah’s Fiqh and Ibn Ishaq’s history.” Similarly, Na'eem bin Himar and Abu-Ainiyah had spread false Ahadeeth “to strengthen the Sunnah.” The Kharijites, too, fabricated numerous false traditions in support of their beliefs. The chief of the Murjiyah sect, Muhammad bin- al Qasim al-Kafi, had also composed false narrations in favour of his particular belief.
The Umayyad Caliphs became inventive and spread innumerable concocted Ahadeeth on the controversial problem of Jabr-o-Qadr, to conceal their reigns of terror. They adopted many fabricated Ahadeeth in order to vilify Hadrat Ali, and in praise of Ameer Mu’awwiya. Many more of these fabrications were disseminated in favour of the Abbasids. Owing to the political and religious differences, numerous fabricated Ahadeeth were smuggled into the true Hadeeth literature; and within, two centuries after the Prophet hundreds of thousands of false Ahadeeth captured the minds of the people. It is said that, a friend of Imam Hanbal named Abu-Za’rah had learnt 140,000 Ahadeeth by heart related to the Tafseer (commentary) only, whilst Yahya ibn Mu'een had compiled 600,000 Riwayaat in book-form, though he possessed 12,000,000 Ahadeeth. Imam Auzai (d. 157 H. / 773 CE) used to say that: “The science of Hadeeth, so long as it was oral, was noble, but no sooner it was started to be written down than it lost its splendour, as it fell into the hands of worthless people.”
It is said that, once, when a party of some seekers of knowledge of Hadeeth arrived at a house of Hadrat Fadeel bin ‘Ayad Aabidul-Haramain (d. 187 H / 802 CE), he closed his door on them and looked out of his window, those people saluted him and enquired of his welfare. The great Muslim sage replied: “I am at peace with my God, but am in trouble because of you. You are spreading an evil innovation in Islam, since you have abandoned his book.[71]
9.2 Imam Azam Abu Hanifah and Hanafiyat:
From among all the Imams of Hadeeth and Fiqh, the teachings of Hadrat Imam-i-Azam Abu Hanifah, as regards the Ahadeeth, are perhaps, best worth. He boldly condemned the so-called exponents of Hadeeth, who made the Prophet’s sayings a suitable vehicle for the fulfillment of their own selfish personal purposes. He concentrated particularly on those sayings of the Prophet, directly concerned with the injunctions of Shariah, and did not dissipate his energies on others, that pertained to less important subjects. Even in the formulation of the subjects of Shariah, he favoured rationality, reason and probability vis-à-vis mere pious beliefs, and laid the solid foundations of the Islamic Fiqh in the firm basis of the Holy Quran and rationalism.[72] Imam Azam has not left him any work on Hadeeth; neither does Sihah Sittah contain more than a couple of his Riwayaat. According to Allamah ibn Khalladun, Maulavi Chirag Ali, Jurji Zaidan, (Editor, Al Hilal, Cairo, Egypt) and Allamah Shibli’s researches, Imam Azam has narrated merely 17 or 18 hadeeth, on the authority of others, having considered their reliability. Until then Ahadeeth were not converted into book-form; and, as a result of the oral traditions narrated by others, he accepted 17 of them only, as authentic. Therefore, Ibn Khalladun writes in his Muqaddimah (part 3) that: “ Imam Abu-Hanifah has narrated only 17 Ahadeeth, Imam Malik has accepted about 300 of them, and Imam Hanbal approximately 50,000.[73]
9.2.1 Principles of Criticisms of the Tradition
Hadrat Imam Azam Abu Hanifah learned his lessons of Ahadeeth at three places – Kufah, Mecca and Medina – and obtained the certificates of his graduation, in this particular field of Islamic learning, from such eminent scholars of Islam, as Ata ibn Abi-Riyah, Amash Kufi, Imam Baqir and Imam Auzai. Imam Azam’s own disciples had consisted of such prominent figures as Abdullah bin Mubarak and Yahya bin Dhakarya, - authorities, on Ahadeeth, of their times. The reason, as to why so few Ahadeeth were narrated by Hadrat Imam, is that he fixed very austere rules for the establishment of their authenticity; that is why; a section of Muhadditheen had differed from him.
Thus, ‘Ulema – i – Islam were divided into two sections: One who were concerned merely with the collection of Ahadeeth, without any criticism and the other section accepted only those Ahadeeth, as reliable, which they considered to be in uniform with the ayahs of the Qur’an, and could be helpful in the formulation of the Islamic Shariah, along with fair play of rationalism and reason. The first section has since been known as Ahlur – Riwayaat, and the other as Ahlur-Ra’e. ‘Ulema-i-Ahlur- Ra’e, were then mostly in Iraq, ‘Ulema-i-Ahlur-Riwayaat in Hijaz.
The ‘Ulema of the opposite camp often sarcastically called Imam Abu- Hanifah and his disciples Ashabur-Rae, because the latter used to reject the Hadeeth, that they considered to be in clash with the Holy Qur’an or improbable, or irrational. Imam Ahmed bin Hanbal, too criticized Imam Azam on the same basis, as the latter exercised more reason and intellect in the choice of the sayings of the Prophet, as their criterion of authenticity. Imam Raazi has, similarly criticized Imam Azam, while writing his Manaqibul-Shafe’i, preferring Imam Shafe’i to Imam Azam, in which he says : “The basis of Imam Azam’s theory for the compilation of the Ahadeeth is rationalism rather than the reported sayings of the Prophet, sallalahu alayhi wa salam.”
Imam Bukhari was wholly opposed to the Hanafi methodology. He, while criticizing and rejecting a number of Hanafi findings in the Ahadeeth, claimed that, the teachings of Imam Abu-Hanifah were opposed to Riwayaat and Ahadeeth, as Imam Azam had followed the dictates of the Holy Quran, contrary to the prevalent Ahadeeth. However, when, after Imam Azam, the Ahadeeth were begun to be properly and assiduously compiled, and the foundation of every problem of the Shari’ah commenced to be laid on the same Riwayaat, then the Hanafi ‘Ulema too, adopted a conciliatory attitude and, compromisingly, adapted their methodology to coincide with the system of their critics, until, a time came soon, when they accepted all the Hadeeth, approved and compiled by Imam Bukhari, in toto. Nevertheless, it cannot be gainsaid that, the method, adopted by Imam Azam, as regards the reliability of the Ahadeeth, was excellent, flawless and rational. At the time, when it was considered as sin to talk of reason and rationalism in a religious matter (even before the time of Ibn Jauzi); Imam Azam had boldly proclaimed that, “the Hadeeth, which is absolutely, and diametrically opposed to human intellect and credibility, is unreliable.”[74]
9.2.2 Imam Azam Abu-Hanifah’s Contribution to Fiqh
The proper compilation of the Islamic Fiqh was destined to be made by Imam Abu-Hanifah. His methodology for checking the reliability or otherwise of the Prophet’s authentic Ahadeeth was based on the Holy Qur’an, Tafseer (commentary) and Riwayaat (that could pass the test of credibility, reason and intellect), was unchallengeable and has been, till today, the criterion for all religious problems. His most laudable work was his rendering, into the written form, of all the Hadeeth material that was, until then, oral and scattered. He invented the principles of criticism and credibility in this vital matter, laid the foundations of the Shari’ah, as we possess it today, and devised ways and means to accept or reject the Ahadeeth, according to their merits and demerits. Most sincerely and daringly, he founded the Islamic jurisprudence on the sure and safe bases of the Holy Qur’an, authentic Hadeeth and rationalism. Since the life of Islam is Deen-i-Fitrat (Faith compatible with God’s nature), therefore, keeping in mind human nature, he adapted the principles of Islamic Fiqh to human intelligence and reason. Imam Azam organized the Islamic Fiqh on the principles of simplicity and practicability, which was the real aim of the Holy Book of God. He appointed a commission, consisting of Imam Zafar, Imam Muhammad, Imam Abu-Yusuf and his several other disciples, which during the period of 30 years, compiled almost all the important issues of the Islamic jurisprudence, the number of which, according to some people; 600,000 and according to others numbered 1,290,000. The tribulations of human life are all covered by these issues. As a result, in the greater part of the Muslim world, the Hanafi Fiqh acquired popularity amongst most communities, globally. However, in spite of its recognition, some Muhadditheen are still opposed to the Hanafi Fiqh.
Thus, there were two groups of Fuqaha (Islamic Jurists) owing to this difference of opinion - Hijazi and Iraqi. The Hijazi Muhadditheen were opposed to Qiyas (analogy) in religion. However, among the Iraqi group of Muhadditheen, along with Imam Abu Hanifah, Muhammad bin al-Hasan, Qadi Abu-Yusuf, Imam Zafar, Hassan bin Ziyad, Ibn Sama’ah, Abu-Mu'ti Balakhi, and some other Iraqi ‘Ulema,’ Hadeeth preferred reasoning and rationalism to mere reported matter.
Among the Muhadditheen were also Imam Malik, Imam Hanbal and Imam Sufyan Thauri (d. 164 H. / 780 CE). Besides them, there was a third group, whom, called Zahiriyah whose Imam was Abu Sulaiman Da’ud Al-Zahiri Isfahani, who was born after the death of Imam Abu Hanifah.[75] He laid the foundations of his religious convictions on merely the external and lexical meanings of both the Qur’an and the Sunnah. This sect was opposed to rationalism and Ijma (consensus). However, they disappeared soon after the death of Imam Ibn-Hazm, who was born in Cordova (Spain), whom desired to revive the principles of the Fiqh of the Zahiriyah sect (he was a poet, historian, linguist and Muhaddith) but, because of his pro-Zahiriyah views, all his books were set alight in Seville.[76]
Imam Abu Hanifah has accepted Ijma’ (consensus communis), too, like qiyas, as two of the four original sources of the Islamic jurisprudence (Shari’ah) – among the Holy Quran and the Hadeeth. But, a great number of ‘Ulema have always opposed Ijma’; Imam Ahmed bin Hanbal, Ibn-Hazm, Ibn-Arabi, Ibn-Ishaq, Ibrahim, Ibn- Hayyan (d.254 H. 868 CE) all, were opposed to Ijma’ (except the Ijma of the Companions of the Prophet). Ijma meant the consensus of opinion of the entire Ummah (Muslim Community) on some knotty problem, related to analogical deduction (Ijtihad of the subject). Ijma remained in force up to the period of Hadrat Uthman. Before Imam Abu Hanifah, a regular system of judiciary was not in place, but, he along with the systemization of Fiqh, also regularized the Islamic judicial system. During the Umayyad Caliphate, the Ameer of Kufah had offered the post of Qadi to Imam Abu Hanifah, but he had refused to accept it and was subjected to brutal flogging. The second Abbasid Caliph Mansur, too, had made a similar offer to Imam Azam, in 146 Hijri / 763 CE, and after his refusal, he was imprisoned where he was martyred by poisoning. Imam Abu Yusuf was appointed Qadi-ul-Quddat (Supreme Judge) by Caliph Haroon al-Rasheed, who was also a disciple of Imam Azam.[77]
9.3 Maliki School of Ahl i Sunnah wal Jama’at
Among ‘Ulema-i-Hijaz, Imam Malik bin Uns (93 -179 H. 711-95 CE) reorganized the Fiqh in an absolutely new way by his Ijtihad (analogical deduction). The Maliki School of Islamic jurisprudence became popular in Spain and North-west Africa. After Imam Malik, both Imam Shafe’i and Imam Hanbal, too, founded their respective of Fiqh. Both these mujtahideen were pupils of Imam Malik and had also learnt Fiqh from the disciples of Imam Abu Hanifah. Imam Malik too, used to criticize the Ahadeeth minutely; it is proved by the fact that, in the beginning, Al- Muwatta had contained 10,000 Ahadeeth but, later excluded about 8,000 of them from it, with the result that, the existing al-Muwatta has only 1720 Ahadeeth; hence its reputation to be the most authentic collection of Ahadeeth-i-Rasool.
9.4 Shafe’i and Hanbali Schools of Fiqh
Imam Shafe’i (150 – 204 H. 767 – 819 CE) had traveled from Medina to Iraq to learn the Hanafi Fiqh. Later, by amalgamating the principles of Fiqh of both Hijaz and Iraq, he evolved his own particular school of Islamic jurisprudence which attained
popularity in Egypt, Sudan, Somalia, Iraq and Khurasan. After Imam Shafe’i was the period of Imam Hanbal (164 – 241 H. / 780 – 855 CE), who had reputation in Hadeeth of a very high stature. He rejected qiyas and laid the foundation for his particular school of thought on those Ahadeeth that are now found in his Musnad. Since, he indulged in Ijtihad very seldom, his followers are few, and who are found mostly in Syria and Iraq. Like Imam Azam, Imam Shafe’i also paid more attention to Fiqh; the latter was, like the former, very cautious about the reality of the Ahadeeth, with the result that, very few Riwayaat have been ascribed to him. Both Bukhari and Muslim are bereft of any hadeeth attributed to his name. In other books Imam Ahmed bin Hanbal had cited one million Ahadeeth, 150,000 of them properly certified; out of them, Imam Hanbal considered only 40,000 Ahadeeth as authentic.
Imam Ahmad bin Muhammad bin Hanbal belonged to the Arab tribe of Banu- Shaiban. His origin was in Merv, but he was born in Baghdad, where he was reared. He spent a long time with Imam Shafe’i. In connection with the turpitude of Masalah-i-Khalq-i-Quran, his faith was sorely tried, but he remained firm in his convictions. He was beaten and imprisoned, but he continued to say that, the Holy Quran was not created (haadith), but was eternal (qadeem). It had happened in 220 Hijri / 835 CE, during the Caliphate of Watiq Billah. Imam Hanbal got his freedom during the Caliphate of Mutawakkil, and died in Baghdad on 241 Hijri / 855 CE. His collection of Ahadeeth is known as Musnad, which contains about 40,000 Ahadeeth but it does not vie with Bukhari and Muslim in reputation. More than the differences between the Fuqaha (jurists) and ‘Ulema (Doctors of theology), the Muhadditheen (Traditionists) and Mutakallimeen quarreled amongst themselves as the formers’ method of approach to religious problems was the reported matter (i.e. Hadeeth and Riwayaat), while that of the latter was based on intellect, reason and rationalism; the extremists among whom were the Mu’tazilah. The real cause of serious difference of opinion between Muhadditheen and Mutakallimeen was the same bone of contention, i.e. the dispute, whether the Holy Quran was haadith (created) or qadeem (external) or – Makhlooq or Ghair-Makhlooq. The Mutakallimeen had, then, an upper hand, in the matter, because of the official support to them by the-then Caliphate. At length, during the Caliphate of Mutawakkil, the period of Mu’tazilah’s ascendancy came to an end, and the Muhadditheen regained their lost ground.[78]
9.5 Traditionists – Bukhari and Muslim
Imam Muslim bin Hujjaj, who had selected only 4,000 out of his stock of 3,000,000 Ahadeeth for his Sahih, was an Arab, belonging to the tribe of Qasheer and lived in Nishapur.
He had learnt his Hadeeth from Imam Bukhari, who, in his later life, had also settled in Nishapur. When Imam Bukhari had commended compiling his Sahih, he possessed a stock of 600,000 Ahadeeth, but it now contains only 7275 Riwayaat, out of which, the certified hadeeth are only 2,602. The father of Imam Muhammad bin Ismail Bukhari was also a Muhaddith. When he was only 16 years of age, he had learnt by heart, the books of Ibn ul-Mubarak and ‘Waki – famous Muhadditheen of their times. He spent 16 long years in travels for the purpose of collecting Ahadeeth from all parts of the Muslim world. Imam Bukhari was the first person, who had criticized the narrators of Ahadeeth, explaining as to whom, among them, was reliable and who was a liar: Shi’ah, Mu’tazili, or Murjiyah. That is why, out of all the Hadeeth collection, with the sole exception of Al Muwatta, Sahih Bukhari is the most respected and relied upon. However, some scholars of Islamic theology have preferred Sahih Muslim to Sahih Bukhari.
The total number of Ahadeeth, found today, collectively, in the Sihah-Sittah, Musnad-i-Ahmed bin Hanbal, and in other books of Ahadeeth, is less than 50,000 and, in all these books, according to Hakim’s criticism, the total number of the most reliable Ahadeeth is 10,000 only. Both, Imam Ahmad bin Hanbal (d. 241 H / 855 CE) and Imam Yahya bin Mu’een (d.233 H / 847 CE) were also the Imams (Doctors) of the science of Asma’ur – Rijaal (genealogy of authorities). Besides the aforesaid Muhadditheen, Imam Shab’i, Imam Yahya bin Mu’een, Qadi Abu-Yusuf, Imam Sufyan Thauri, Allamah Ibn-Jareer Tabari, Allamah Jalal’uddin Siyuti, and ‘Allamah ibn Jauzi, etc. too, had tested the Ahadeeth on the touchstone of criticism. The Muhadditheen had classified the Ahadeeth as Sahih, Hasan, Da’eef, Mursal, Mun’qata, Muttasil, Shaadh and Ghareeb etc.[79]
9.6 Religious Prejudice
In early Islam, in spite of the differences in opinion, prevailed minute religious prejudice; for instance, Imam Abu-Hanifah (with his associates) and Imam Shafe’i, and others, used to say their prayers freely behind the Maliki Imams of Medina. Later, the mutual confrontations of the Fuqaha of different schools of thought had very serious religious prejudice, insofar as to cause Sultan Mahmud Ghaznavi to arrange a religious contest between the Hanafi and Shafe’i scholars, in quest of truth, where he appointed an Arabic-knowing Christian arbitrator for judgment. The intensity of their mutual dislike had reached an uncompromising period, as even from the pulpit of the masjid one religious sect used to hurl abuses on the other. Tabarra (vilification) is forbidden in the Sunni school; nevertheless, the followers of different Sunni schools addressed one another in the filthiest language. According to Ibnul- Atheer when in 475 Hijri, Shareef Abdul Qasim arrived in Baghdad, after having been appointed as a preacher in Madressah-i-Nizamiya, by Nizam-ul-Mulk, he publicly denounced the followers of Imam Hanbal as kafir (infidel), whereupon, he was awarded, by the government at the time, the title of Alamus-Sunnat (symbol of Sunnah). During the reign of Alp Arsalan, the Ash’aris were publicly cursed from amongst the pulpits; this unworthy practice was discontinued by Nizam-ul-Mulk. According to Ibn Khallakan, Abu-Nasr Abdur’Rahim, the son of Imam Abul-Qasim Shirazi, a famous speaker of his time, (even Allamah Abu-Ishaq Shirazi used to attend his lectures), was wont to hurl abuses on Hanabilah, with the result arising out of bloodshed. Allamah Ibnul-Atheer, while citing the events of the year of 478 Hijri has written that:
“This year, Muhammad bin Ahmed, a Mu’tazilite Imam, died; he had not been able, for full 50 years, to risk walking out of his home, due to his religious convictions.”
Ibn-Batutah, too has testified to these unfortunate wrangles among the Fuqaha and ‘Ulema at that time.
In the sixth century Hijri (12th Century CE) both in Baghdad and Damascus, the enmity, between Hanbalis and Shafe’is, furthered by the struggle between Hanafis and Shafe’is, had entailed to open bloody conflicts and riots, (in which many innocent people lost their lives), due to the petty religious differences between the ‘Ulema of different schools of thought, carting respective war-flags and war-slogans.
During the Caliphate of Al Musta’sim Billah, the factional quarrels, among the followers of these mutually antagonistic juristic schools, had reduced the entire domain into a veritable battlefield. The Islamic Empire was, then, threatened frequently by the attacks of its enemies, but the energies of the Muslims dissipated through the silly religious sectarian wrangling of their short-sighted ‘Ulema. It is on record that, the same religious differences were the direct cause of the terrible barbarian invasion by the Tartars of the Islamic empire, with grievous and devastating results, the parallel of which is not found in the entire span of Islamic history, and the responsibility of which lay on the anti-Sunni elements of Baghdad, who had invited Halaku Khan to destroy the Islamic dominions.
The above-mentioned factional differences reached the point, when one follower of a certain school of Fiqh refused to say his prayers behind that of another faction, Ibn-Batutah, while referring to the state prayers inside the Jame Mosque of Damascus, at that time, in his famous Travelogue (p. 131), writes:
“The Jame Mosque of Damascus possessed as many as 13 Imams, who led the prayers of their followers one after the other in the following order, i.e. Imam of Shafe’is, Imam of Mash-had-i-Ali, Imam of Mash-hadi-Husain, Imam Al-Kala of Mash-had-i-Abi-Bakr, of Mash-had-i-Umar, etc.”
No parallel example can be offered of the confusion and chaos that had then prevailed in the Islamic world, when the institution of the prayers, a great symbol of integrity and solidarity, became a vehicle of disorder and discord in the Ummah.
These differences were augmented by the religious contests that were frequently held by the Abbasid Caliphs, as their most favourite pastime.[80]
9.7 Righteous ‘Ulema
Hadrat Imam Azam Abu Hanifah had not only rejected the offer of the Abbasid Caliph, Mansur, to accept the coveted position of the Supreme Judge (Qadi) and, thus, had declared his non-cooperation with the un-Islamic Abbasid administration, but had also openly and practically aided his political rival, Ibrahim bin Maimun’s revolt against the State, by proclaiming the latter’s armed struggle against Caliph Mansur as Jihad, and had also sent 4,000 Dirham to Ibrahim as his personal donation for his effort (Ibrahim bin Maimun was a pious 'Aalim). Similarly, earlier, Imam Malik, too, had sided with Nafs Dhakiyah against Caliph Mansur. The behaviour of both Imams, amply testifies that notwithstanding a Muslim in rule, his reign was considered profane, and thus illegal. [81]
During the Abbasid Caliphate, though, the Muslims began to relinquish the true dictates of Islam, and at the expiry of the Khalifah-e-Rashidah, Islam had been for well-nigh 125 years, under the irreverent monarchial suzerainty, yet the calls of the righteous Imams (as Imam Malik and Ibn Ab-Za’ib) were flashing like lightning, casting their eye-dazzling glare, amidst the darkness of terror and oppression. From the time of the Caliph Mansur up to the reign of Haroon al-Rasheed, Imam Sufyan Thauri continued to condemn boldly the atrocities and un-Islamic methods of the Abbasid Caliphs. Qadi Abu Yusuf, too, never refrained from daringly supporting the truth and siding with the correct Islamic way of life, during the Caliphate of Haroon al-Rashid. It is also not unknown that Qadi Abu Yusuf had shown astonishing strength of character by rejecting Caliph Mamun al-Rasheed’s order for approbation of the practice of Mu’tah (temporary marriage). Similarly, when Caliph Mamun al- Rasheed made the acceptance of the belief in the Khalqi-Quran (creativity of the Qur’an) obligatory, then Allamah Abdul-Azeez al – Kittani traveled from Mecca to Baghdad and shook the Caliph’s court by his fearless defense against that misguided belief. It is said that, once, Abul-Hassan Nuri had fearlessly broken all the wine- vessels of Caliph Mu’tadid Billah, and when the latter asked the great ‘Aalim as to who had appointed him as Muhtasib (religious censor), he had curtly replied: “Who has appointed thee, Caliph?”[82]
9.8 Misguided ‘Ulema
In Islam, primarily, owing to the serious difference of opinion, the Kharijites condemned Hadrat Ali and called his followers as kafir (infidel), thus originating a great mischief. Thereafter, a difference of opinion on the question of the fasiq surfaced where some authorities considered a sinner (fasiq) as faithless. The Mu’tazilite ‘Ulema considered a fasiq neither an infidel nor a Muslim. However, Imam Abu Hanifah disallowed any sinner or anyone, because of his difference of opinion in religious matters (if he himself, claimed to be a Muslim) to be considered as an infidel. That is why he never labeled a Mu’tazilah, Jahimiyah or Qadariyah as a kafir, and vehemently rejected the prevalent, groundless notion that, “out of the 72 sects, only one was eligible to enter paradise; the remainder of which will reside in hell.” Both, Imam Ghizali and Imam Raazi were of the same opinion that “because of minor religious differences, nobody should be condemned as a kafir.” According to Imam Ibn Taimiyah “no professing Muslim could be called a kafir for his sins, and no faithful would enter hell.” Imam Shah Wali’ullah, too, was of the same opinion. However the ‘Ulema’ Islam, then, took a sinister pleasure in their favourite pastime of labeling individuals as kafir, insofar that even a great scholar such as Qadi Abu Yusuf was also falsified. Imam Shafe’i was meted out with grievous maltreatment for an ordinary and insignificant difference of opinion. He was brought in disgrace, as a prisoner, from Yemen to Baghdad. Imam Malik in 147 Hijri (764 CE), had to suffer horribly for his difference in the matter of divorce in Islam.[83] His hands were tied with ropes so tight and merciless, that they were broken, and he was disgraced publicly, perched upon the back of a camel through the streets of Baghdad; flogged 70 times; yet he remained firm in his views.
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