An Introduction to the Hanafi Madhab and its Legal Theory (Usul al-Fiqh)

Synopsis: This course is designed to give the student a greater insight into the theoretical foundations of the Hanafi School of Law.

Texts: The course will be primarily based upon Allamah Zahid al-Kawthari’s pioneering historical study, ‘Fiqh Ahl al-Iraq wa Hadithuhum’ (The Jurisprudence of the People of Iraq and their Hadith) and the 5th century (H) Transoxanian jurist and theologian, Imam al-Lamishi’s lucid work ‘Kitab fi Usul al-Fiqh’.

Course Instructor: Shaykh Jawwad Khalid
Start Date: Saturday 2nd August(Weekly Class)
Duration: Approximately 16 weeks
Time: 6-7pm

Current Registration Status: Open
Entry requirements: None
Registration Fee: £25, no charge to WLSIS Student Pass holders.
Registration Deadline: None

Overview of Topics:

Lessons 1-3
 Introduction the Hanafi Madhab and an Overview of Islamic Legal Theory
 The Relationship between Ra’i (Juridical Opinion) and Ijtihad (Juridical Ramification)
 The Role of Kufah with regards to Ijtihad
 Characteristics of Imam Abu Hanifah’s approach to Fiqh
 Overview of Usul (based on Shakh Akram Nadwi’s Introductory text on Usul)

Lesson 4
 Brief biography of Imam al-Lamishi and the importance of Transoxania as a centre of Hanafi Fiqh
 Definitions of important terms in the science of Legal theory

Lessons 5-6
 On the Haqiqi (Literal)/ Majaz (Metaphorical) distinction and its implications in Fiqh
 The Sarih (clear) and the Kinayah (implicit)
 On Idmar (Ellipsis)
 The methods of Textual Indication on Legal Rulings

Lesson 7
 What is meant by Shariah and Hukm
 On Legal Categorisations
 On the Azimah (the Strictly Applied Law) and the Rukhsah (Concessionary Law)
 On Intent and Will
 On Necessity and Need

Lessons 8-12
 Rules of Interpretation
 Textual implications in respect of the clarity and ambiguity of words.
 The command and the prohibition
 The general and the specific

Lesson 13
 On Textual Reports
 The Conditions of accepting a Hadith according to the Hanafi Scholars (based on al-Kawthari)
 Hanafi scholars of Hadith (al-Kawthari)
 Important remarks on the science of Narrator Criticism (al-Kawthari)

Lesson 14
 On Consensus
 The different types of concensus
 On Abrogation

Lessons 15-16
 On Analogy
 The four components of Analogy
 Clarifying misconceptions about Istihsan (based on al-Kawthari)

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