Hanafi Usul al-Fiqh Works

[a_muslim]

Assalaamu 'alaykum,

In both Usool al-Shaashee and Noor al-Anwaar it is mentioned in the topic of Sunnah that precedence and preference will be given to Qiyaas when Qiyaas is contradictory to a Khabr Waahid narration which has been narrated by a Ghayr Mujtahid Sahabi..

Is this the correct view of the Ahnaaf? And if not has this been refuted in any works of Usool?

Since nobody knowledgaeble is replying, i'll just say what i've heard/read bout this.

Firstly, no it is not the correct view.

This categorisation of mujtahid/ghair mujtahid Sahabah has onlybeen done by some Hanafi usoolis and not all.

They say that there are two reasons for doubt (shubhah) in such narrations, 1 - it's being khabar wahid and therefore doubt in it's reaching us correctly and 2 - doubt that the sahabi may have narrated it in his own words (riwayah fi'l-ma'na, which is a very common occurence) and therefore misunderstood it (due to his not being mujtahid), so if such a narration is against qiyas then it is possible a mistake was made.

It was suposedly first done by Eesa ibn Abban (dunno him) and then i think Fakhr al-Islam copied him in this, and so, many of the muta'khkhiroon like al-Shashee and Mulla Jeewan also wrote this. I think al-Sarakhsi has not made this distinction, it is unheard of among the early Hanafis, just the later ones have said it. Mawlana Zuhayr al-Bazi, says that his father Shaykh Musa al-Bazi - one of the greatest scholars of the Ind subcontinent of recent times - was very much dissappointed by finding this in the books of the Hanafis and sternly rejected it, and that he (Sh Musa) also said that he hasnt found anything to prove that even Eesa ibn Abban made this sort of distinction and therefore rejected even attributing it to him.

I think most commentaries of these two books you mentioned will refute it or at least state that it is not the correct opinion. Have you seen Tasheel Usool al-Shashee by Shaykh Muhammad Anwar al-Badakhshani, he provides a good refutation, i dont have it with me to quote. Mawlana Zuhayr Bazi said that as for Sayyiduna Abu Hurayrah , na'udhubillah, not being a faqeeh then that is clearly refuted by the fact the Sayyiduna Umar ibn al-Khattab appointed him the Qadi of Bahrain, iirc. Also there is a famous narration of Imam Abu Hanifah that whatever is established to be from the Prophet , then "3ala'r-ra'si wa'l-3ayn" and other similar stuff, so this can never have been the way of the Hanafi fuqaha'.

There's much more, just i dont know anything and at the moment dont have any books with me to check up.

WALLAHU TA'ALA A'LAM

I hope Mufti Husain saheb comments on this issue quick, so i can remove this post!!! i only commented cos no one else did and cos of the nonsense in the previous post

['Abd al-Baari]

Jazaakumullahu khayr for your detailed reply akhee.

Tasheel Usool al-Shashee by Shaykh Muhammad Anwar al-Badakhshani

Any idea where I can get this?

[a_muslim]

Jazaakumullahu khayr for your detailed reply akhee.



Any idea where I can get this?

sorry for late reply, try the bookshop in B'Burn (w.range), theyve most probably got it, if not try the Islamic Book Centre in Bolton