Allegations against Abu Haneefah

[jello]

Salaam

I am not a Hanafi, but still I have respect for those who follow the Hanafi fiqh. However, I have come accross some allegations about Imaam Abu Haneefah at, among other places, the following link:

edited

Since I am not too knowledgeable about what circumstances abu haneefah may have been faced when giving such veredicts (if he indeed gave them at all), I would like for the Hanafi brothers to comment on this.

[Abdur_Rahman]

Salaam

I am not a Hanafi, but still I have respect for those who follow the Hanafi fiqh. However, I have come accross some allegations about Imaam Abu Haneefah at, among other places, the following link:

edit

Since I am not too knowledgeable about what circumstances abu haneefah may have been faced when giving such veredicts (if he indeed gave them at all), I would like for the Hanafi brothers to comment on this.
:salam:

:subh: this is really disturbing if this is true coming from Abu Hanifah (rahimallah) :insh: soon someone may further clarify this.

[Muawiyah]

we have already discussed this false accusation in the brothers section Q&A see the message titled "A Post,needs attention"

[jello]

Salaam

I have not been able to find the thread yet. Could someone paste the link directly please ? (I did find another thread about Abu Haneefah fatwas, but that one is different, because I remember starting it few months back).

[Muawiyah]

http://sunniforum.com/forum/showthread.php?goto=newpost&t=4249

[jello]

Salaam

I have not been able to access that page, perhaps because of my user status, etc. Could you please copy and paste the relevant points, or tell me how I can access the page ???

[Muawiyah]

The issue is not at all whether it is halaal or haraam to marry maharim or to have sex with them if they are slaves. There is no question of doubt in the fact that it is Haraam. What is a matter of debate is whether this crime carries the Hadd punishments for "Zina" or not.

The position of Imam Abu Hanifah rahimahullah is that it does not carry the Hadd of Zina, however such a person is to be given severe punishment




ولا حد عليه ، لكن يعاقب
And there is no Hadd on him, but he is to have severe retribution

The proof for the position of Imam Abu Hanifah rahimahullah, as explained in Eedhah ul Adillah by the Shaykh ul Hind rahimahullah, is the narration in Jaami' Tirmidhi:


مر بي خالي أبو بردة بن نيار ومعه لواء فقلت أين تريد قال بعثني رسول الله صلى الله عليه وسلم إلى رجل تزوج امرأة أبيه أن آتيه برأسه


(Baraa Radhi Allaahu `anhu said that) My mother's brother Abu Burdah bin Niyaar passed by me carrying a flag, so I asked him where he was headed, he said I have been ordered by Rasoolullah Sallallaahu `alyhi wa Sallam to go to a man who married his father's wife (i.e stepmother) and come back with his head.

So according to Hanafi fuqahaa, if the crime of marrying Mahaarim carried the Hadd of Zina. the man would have been whipped or stoned to death, which are the two prescibed punishments (Hudood) for the Zina of fornication and the Zina of Adultery respectively. The fact that the man's head was cut off is proof that this crime does not carry the Hadd of Zina.