Introduction:

In order to discuss the four schools of thought in Islamic Law, we must first
understand that there many great jurists, like al-Shfi`, Ab Hanifh, Mlik,
Ahmad b. Hanbal, al-`Awz`, layth b. Sa`d, al-Thawr, and Ibn Jarr al-Tabar.
All of these were independent jurists capable of juristic reasoning (ijtihd).
However, the approaches of only four of these scholars became established.
They are the approaches of al-Shfi`, Ab Hanifh, Mlik, and Ahmad b.
Hanbal. The schools of thought based on their approaches to jurisprudence have
lasted and have continued to be developed. Each school has had many adherents
who have studied Islamic Law according to their chosen approach and have
written major legal works based on it.
As for other schools of jurisprudence, they have not been developed nearly as
much as those four schools nor have they become anywhere nearly as
widespread.
However, this does not mean that those four schools of jurisprudence have a
monopoly on the truth, though almost without exception the truth can be found
within them. The reason for the continuation and proliferation of those four
schools is that most of the great jurists since the third century of Islam have
been affiliated with one or another of them.
The earliest scholars, the Salaf, who lived before the four schools of thought
had been firmly established, were more like the founders of those schools. They
used their own juristic abilities and derived the laws of Islam directly from the
textual evidence. They would choose whichever opinion they saw had the
strongest evidence to back it up. All of them sought to follow the truth.
Sometimes they would be correct in their judgments and sometimes they would
be mistaken.
After the four schools of jurisprudence became firmly established and settled,
most jurists began to work within one or another of them. These scholars all had
different abilities.
There is nothing wrong if a Muslim wishes to follow one of these established
schools of jurisprudence as long as he does not become chauvinistic and biased
to it. This is especially important when an opinion of his school is shown to go
against clear textual evidence.
1

The words of the Prophet (peace be upon him) take precedence over the
opinions of anyone else, no matter who they might be. The Prophet (peace be
upon him) was protected from error in matters relating to Islamic Law. This
cannot be said of anyone else.

The Religion of Islam

The Meaning of the Word Islam
The word Islam is the verbal noun of the verb aslama. This verb is de- fined
as, He resigned or submitted himself. When used with respect to God, it
means, He became submissive to God.1 Thus, Islam is about an individual
recognizing who his Lord is and recognizing that his attitude toward his Lord
and Creator should be one of submission and worship. In other words, Islam is
not simply about the recognition of the Oneness of God or the fact that the
Creator exists, for example. Islam is about something much greater than that. It
is about the conscious decision made by the individual to worship and submit to
the one and only God.
Literally, Islam denotes self-surrender or to give oneself up to Allah and accept
his lordship in the fullest sense of the term. The religion sent down by God and
brought into the world by His Apostles has been called Islam for the simple
reason that, in it, the bondsman yields completely to the power and control of
the Lord and makes the rendering of whole-hearted obedience to Him the
cardinal principle of his life. This is the sum and substance of the Islamic creed.2
It is true that the Arabic word for peace (salaam) comes from the same root as
the word Islam. It is also very true that true peaceboth internally and
externallycan only be the result of the correct implementation of Islam. At the
same time, though, it should be very clear in the minds of every Muslim that his
religion being Islam represents his commitment and devotion to worshipping
and submitting to Allah alone. This should become the essence of what the
individual Muslim is all about.

Before discussing the relationship between Islam and the other religions, it is
important to recognize a more specific usage for the word Islam as a religion.
1 The Islamic Texts Society, 1984, vol.1, p. 1413.
2 http://www.islamguiden.com/arkiv/guideforthenewMuslim.pdf
2

Islam, as stated above, implies the complete submission to the one and only true
God. Thus, anyone who is truly submitting himself to Godis a Muslim.

Schools of Islamic Jurisprudence:

The Four recognised Schools of Sunni law, propounded are
The Hanafi School of the Kufa School

The Maliki School of the Medina School

The Sha-Fii School

The Hanbali School

All the schools of Sunni law subscribed to the same principles, but they differed
in details. There are four ancient sources of Islamic Law,

The Quran

The Sunna

The Ijmaa

The Qiyas

The Ijtihad

The main cause of the division among Sunnis is probably their different degrees
of stress on one or more sources of law, though the text of the Quran is accepted
by all of them. The Sub-division among the Sunnis took place due to different
interpretation put on law by the founders of the sub-schools.3
The jurist who main developed this system of jurisprudence and after whom the
four Sunni Schools of Mohammedan Law, named, are as follows:
Abu Hanafi (699-767 A.D)

Malik Ibn Anas (713-797 A.D)

Mohammad Ash Shafii (767-820 A.D)

Ahmad Ibn Hanbal (780-855 A.D)

3 Syed khalid rashid pg18-23 5th edition

3

The Hanafi School is the most liberal and flexible of the four Sunni schools.
There is an emphasis upon qiyas as a means of formulating legal judgments, a
practice that was deployed extensively by Abu Hanifa himself. Indeed the
practice of qiyas and reasoning was prevalent to such an extent in Abu Hanifas
teaching that his followers were labelled Ahl-al-Rai or People of Opinion as
opposed to Ahl-al-Sunna or People of the Tradition, the latter taken to mean
those relying upon traditions. This endorsement of logic and reasoning allowed
followers of the Hanafi school of thought to carry out detailed investigations of
legal sources prior to forming juridical principles. Abu Hanifa and subsequent
members of his school are accredited with formulating and developing
significant principles of Siyar. In contemporary terms, the Hanafi School is
predominant in Central and Western Asia (Afghanistan to Turkey), Lower Egypt
(Cairo and the Delta) and the Indian Sub-Continent.

The Maliki School was established in Medina and the Hejaz by Malik ibn Anas
(d. 795/179). Malik was a great collector of the Hadith and a profound supporter
of the living tradition of Medina. In this regard Malik has been described by
Hallaq as primarily a transmitter of earlier or contemporary doctrine. Adherents
of the Maliki School regard juristic preferences (istihsan) and public interest (almasalih al-mursala) as key sources for juridical decisions. The Maliki School
has following in both North Africa and Upper Egypt.

The Shafi School was established by Muhammad ibn Idris al-Shafi (d.820/204).
Al-Shafi hailed from southwest Palestine (Gaza), and travelled extensively
meditating under Malik in Medina, teaching and practicing law in Baghdad, and
finally taking up residence in Egypt where he produced his major works before
his death there. Al-Shafis greatest contribution was in distinguishing and
preferring the prophetic Hadith over the living tradition of Medina that his
teacher Malik had cultivated. This resulted in the Prophets prestige and
authority rising ever higher and being second only to the Quran in theory, and
in some cases higher in practice. The close relationship in Islamic law between
the Quran and the Sunna of the Prophet was highlighted through the teachings
of al-Shafi. Al-Shafi refined the usage of qiyas, and he curtailed its usage as
envisaged in the Hanafi School. In addition to the establishment of
Muhammads Sunna as the second of the four roots (usul) of law, al-Shafi
defined ijma in its classical form and invested it with the power that enabled it
4

to oust ijtihad from jurisprudence, except in the most limited sense. That is, ijma
came to be the principle as well as the procedure that the jurists of all the Sunni
schools increasingly used in order to determine what was authentically Islamic.
Thus ijma extended even to the authentication of Hadith. It is in this context that
the fateful Hadith is attributed to the Prophet My people will never agree
together in error takes on meaning. If the earlier decisions of legal experts and
judges were accepted through ijma as definitive, then nothing more was there to
be attained from a survey of new cases saves to utilise them for guidance as
correct precedents. The Shafi School is predominant in Malaysia and Indonesia,
Southern Arabia, East Africa, Lower Egypt and most of the Indian Ocean
littoral.
The last school of law, the Hanbal School, is known as the school of the strict
traditionalists102. It goes back to Ahmad ibn Muhammad ibn Hanbal (died 241
H. or 855 C.E.) who was a collector of traditions, a theologian, and a legal
scholar. Ibn Hanbal, who was of Arabian origin, studied the law from several
experts of traditions like Sufyan ben Ugaina from the Higaz, Wakic ibn alGarrh (died 197 H. or 812 C.E.) from Kufa, and Abdarrahmn ibn Mahd (died
198 H. or 813 C.E.) from Basra, but he also visited the lectures of as shafii
about fiqh and usul al-fiqh in Baghdad. and usul al-fiqh. The expertise in these
two areas are very important so as to ensure the smoothness of making ijtihad to
any complex issues involved in the Islamic banking and finance.

Difference between Hambali School and Shafii School

Every System needs a proper and well established code of conduct or law for its
proper and smooth governance. In this context, the Shariah is well established
and multi- dimensional in its approach and nature. The science of fiqh
(Jurisprudence) is one of its important aspect as it deals with the governing the
life and showing the right direction to the Mankind. The different Schools of
fiqh developed in the different areas of the Muslim world right from the time of
later generation of the Sahabah (Companions). As we known at last, only four
important Madhahibs survived and other did not last long. The four Madhahibs
which survived are Hanafiyyah Madhhab; Malikiyyah Madhhab; Shafiiyyah
Madhhab and Hanbaliyyah Madhhab and are found in the different parts of the
Muslim world. Here I have tried to present the brief introduction to the life and
Madhhab (School of Thought) of Imam Ahl as-Sunnah, Abu Abdullah Ahmed
Ibn Hanbal.
5

The Imam Ahmed R.A.is an important figure of the Muslim History and is
regarded as the major advocate of the Sunni theology, the great collector and
Scholar of Hadith and one of the greatest Jurist. His magnum opus, alMusnad is regarded as one of the best and largest Collection of Ahadith, which
contain more than thirty-thousand Ahadith. The Madhhab which was founded
on his teachings and many great Scholars got affiliated to it. The approach to the
school and its principles and methods of deducing the laws of the Shariah are
unique in its more relevance towards the Sunnah of the Prophet of Allah. It
spread to the large areas of Muslim world from Shaam to Khurasan and the
followers of it in this age are found in the areas of Saudi Arabia, Syria,
Palestine, Jordon, Lebanon, Yemen, Iraq, Iran, Afghanistan, Dagestan,
Chechnya and other countries.

The life of Imam Ahmad Ibn Hanbal4(Rahimahullah)

Abu 'Abdullah Ahmad Ibn Hanbal ash-Shaybani was born in the city of
Baghdad in the year, 164 A.H (780CE). He was of Arab origin & His father was
a soldier in the city of Marw. He was raised by his mother, Safiyah. He studied
various subjects in his hometown under the guidance of his uncle and later
travelled extensively in quest of knowledge.
Imam Ahmad became an expert in the Arabic language, poetry, grammar. He
established himself in the sciences of Quran, authoring works in exegesis
(Tafsir), science of abrogation (al- Nasikh wal-Mansukh), as well as the
different modes of recitations (Qiraat).
He started his career by learning jurisprudence (Fiqh) under the celebrated
judge, Abu Yusuf, the renowned student of Imam Abu Hanifah. He also studied
Islamic Fiqh and its fundamentals under Imam ash-Shafi'i. He became specialist
in jurisprudence and benefited from the famous early jurists like Abu Hanifah,
Malik, al-Shafi'i, Sufyan al-Thawri, al-Awzai and Layth b. Saad and many
others.
He was interested in acquiring knowledge of Ahadith and travelled extensively
through Iraq, Syria, Arabia and other places in the Middle East, studying
religion and collecting the Ahadith of the Prophetn]. Imam Ahmad began his
4
Extracted from : Abdul Mawjood, Salahuddin, The biography of Imam Ahmad bin
Hanbal; Nadwi, Abul Hasan Ali, Saviours of Islamic Spirit, V.1, pp.6787; Dr. as
Sibaee, Mustafa, The Sunnah and its role in Islamic legislation, pp.53940; and
Melchert, Christopher, Ahmad Ibn Hanbal, pp.116.
6

career of seeking Ahadith from the age of fifteen and Ibn al-Jawzi states that
Imam Ahmad had 414 Hadith masters from whom he narrated the Ahadith.
Imam Ahmad became a leading authority in Ahadith of his time, and wrote
down his, Magnum Opus, al-Musnad al-Kabir, the grand Hadith
encyclopaedia. He was also a most balanced critic of Hadith (Naqid). Imam
spent 40 years of his life in the pursuit of knowledge and only thereafter did he
become a leading authority in six or seven Islamic disciplines of Knowledge.
Imam Ahmad was equally considered to be a leading example in Zuhd
(material and spiritual asceticism), for he lived a very simple life, detached from
worldly pleasures. Yahya Ibn Maeen describing Imam Ah mad Ibn Hanbal as:
I have not seen the like of Ahmad b. Hanbal and we have been his companion
for fifty years. He was never proud or arrogant towards us because of his
righteousness and goodness."
Imam Ahmad notably evolved as the most celebrated theologian also and came
to be known as the Imam Ahl al-Sunnah, the leading authority on the orthodox
doctrine. Imam Ahmad maintained the theological views of the early orthodox
scholars particularly three Imams and stood brave against Mutazilah view on
the Issue of the Creation of the Quran. He was arrested by Caliph Al-Mamun
and Al-Mutassim and given a corporal punishment and imprisonment but He
still refused to deviate from his beliefs. His trial ended on the hands of the
Caliph Al-Mutawakkil who did not believe in the doctrine of the creation of the
Qur'an. His learning, piety and unswerving faithfulness to traditions gathered
the Ummah and its scholars around his understanding and teachings.
There is a long list of Students who studied different sciences under the
guidance of Imam Ahmad.
He died in the year 241 A.H (855CE) at the age of 77 and His death not only
caused grief to Muslims but also to Jews, Christians and Fire-worshippers. Over
600,000 people attended the Janazah prayer and for one week Salah al-Janazah
was offered. He was buried in Baghdad.

Introduction to the Hanbali Madhhab5

Imam Ahmad was known as the greatest of the Scholars of hadith and many
great scholars of this field like Imam al-Bukhari, studied under him. He used to
teach Ahadith to huge gathering of student and also used to present his
5 Qadri, Anwar A., Islamic Jurisprudence I the Modern World, pp. 13943
7

Opinions/views and views of others on these Ahadith. He also used to answer

the questions of his students and issue fatwas to them on different matters and
not only regarding Ahadith but also on issues of fiqh (Jurisprudence). The
students used to pen down his opinions, answers and fatwas which later were
found in different books and also his own books on different issues lead to
foundation of this School in the future. After the death of this great Imam, his
students spread across the Muslim world and taught these opinions to their
students and these opinions were written and spread to different areas. In this
way, many people adopted these opinions and taught it to their students which
resulted in the evolution of new school of thought in Muslim world known as
Hanbali Madhhab.
Later on these opinions and knowledge of Imam Ahmad was collected from his
students in one book and in this way, the Madhhab of Imam was compiled in an
organised form. The first such work was done by a great Scholar, Abu Bakr alKhallal, Student of the Close companions and Students of Imam Ahmad, who
compiled al-Jami li ulum Ahmad. This collection was then summarised into a
short treatise on the Fiqh of Imam Ahmad by the Hanbali scholar Abul-Qasim
al-Khiraqi, which became known as Mukhtasar al-Khiraqi. This treatise was the
first Fiqh manual ever written on the Madhhab, and the best and the most
beneficial explanation ever given to this manual was by the great Hanbali
Imam, Muwaffaq al-Din Ibn Qudamah al-Maqdisi, in his grand masterpiece, alMughni.

Distinctive Qualities of Hanbali Fiqh

(1) Emphasis on following Dalil: Anyone who observes the books of Imam
Ahmad on Masail will notice that they are rich with evidences from the
Quran, Sunnah, and fatwas of the Companions. Thus you will find it very
common for him to answer questions, stating, There are two hadiths
concerning it, There are four hadiths concerning it, Authentic, fair hadiths
have been reported concerning it, This Sunnah has been reported from the
Rasulullah by x number of Companions etc. And the same can be said of his
reliance on the Athar of the Companions.
(2) The Great Number of Conceptual and Practical Issues Because of his focus
on the evidences of the Shariah, Ahmad has spoken a great deal on both issues
of practice as well as concepts and beliefs. However, Ahmads statements
concerning issues of creed are clearly more in abundance than those of the other
Imams, as most of their known speech is related to issues of practice.
8

(3) Avoidance of Hypothetical Fiqh Looking at the fatwas of Ahmad, one finds
that he frequently would rebuke questioners for raising hypothetical issues that
had not come to pass. Ibn Muflih has mentioned a number of exampled in his
al-Adab al-Shariyyah.
(4) Ease and Facilitation in the Rulings of Worship, Transactions, Marriage, Etc.
In the topic of Taharah, the Hanbali Madhhab has the distinction of regarding
the urine and faeces of animals whose meat is lawful to eat as being pure. This
ruling facilitates matters considerably for those who have to deal with such
animals on a regular basis.

The Principles or Sources of deriving Law in the Hanbali Madhhab6

The Imams of all Madhahibs (the schools of Jurisprudence) have set four
principles or source upon which their issued their legal verdicts is based but
Imam Ibn al-Qayyim7 mentioned five principles on which Imam Ahmad based
his legal verdicts and they are as:
1- Nusus (the divine text): It consisted of two:
a. The Quran: The Quran being Allahs Speech was the first and foremost
source of deriving the law. Any hadith found to be in contradiction with the
Quran was therefore rejected.
b. The Sunnah: Imam Ahmad bin Hanbal is said to have memorised one million
of Ahadith and He only use Ahadith with a reliable chain of narrators for
deriving a ruling from the Sunnah. The Hadith of Prophet is preferred over the
ijma (consensus) of the Sahaba by the Imam. It is not as some people think that
He doubted the existence of ijma.
For example, He ignored the dissent of Umara concerning:
-the woman who has received the final divorce, because of the hadith of
Fatimah bint Qays -and concerning tayammum due to sexual defilement,
because of the hadith of Ammar bin Yasira;

6 Abdul Mawjood, Salahuddin, The biography of Imam Ahmad bin Hanbal, pp.59
66.
7 Qadri, Anwar A., Islamic Jurisprudence I the Modern World, pp. 13943.
9

-and also his disagreement concerning the pilgrim keeping on the perfume he
applied before entering Ihram, because of the authenticity of Aishahds hadith
on that issue;
Because the Ahadith for that are authentic.
2- The Ijma8 (The Consensus of the Sahabah): The ijma according to the school
of the Imam Ahmad refers solely to the he unanimous agreement amongst the
Sahabah. When he would find a verdict from any Sahabia and none of them was
known to have opposed it, he would not take anything over it. He would not say
that constitutes ijma. Thus, when the Imam would find this sort of verdict from
the Companions, he would not give preference to any practice, opinion, or
analogy over it.
For example, Abu Talib reports that he said, I do not know of anything that
goes against the opinion of Ibn Abbas, Ibn Umar, and eleven of the Tabieen:
Ata, Mujahid, and the scholars of Madinah concerning the slave taking a
concubine.
3- Individual Opinions of any Sahabi: If there was no consensus upon an issue,
Imam Ahmad would then establish a ruling upon each opinion and allow the
people to choose from opinion of any Sahabi, they wanted to follow. Due to this
Principle of the School, we find the presence of diverse range of opinions on
certain issues in this Madhhab.
For example, Ishaq Ibn Ibrahim Ibn Hani relates in his Masail, Abu Abdullah
(Imam Ahmad) was asked, A man will be asked by his people about an issue in
which there is disagreement, (what should he do)? He said, He should decree
according to the view that agrees with the Book and the Sunnah, and the one
that does not agree with the Book and the Sunnah, he should refrain from it. He
was asked, Is this obligatory on him. He replied, No.
4- Mursal and Dhaeef Ahadith: In the absence of evidence from the Quran,
Sahih or Hasan Ahadith, ijma of the Sahabah and Individual opinion, Imam
Ahmad would then use a Mursal or Dhaeef hadith before exercising any Qiyas
of his own. This is due to his statement in which he said the weak hadith is
dearer to him than his own opinion.
For example, He placed the hadith there is no dowry of less than ten dirhams
before analogy even though there is agreement on it that it is weak, in fact batil,
8 Nadwi, Abul Hasan Ali, Saviours of Islamic Spirit, V.1, 2nd ed., Eng. Tr.
Mohiuddin Ahmad, Academy of Islamic Research and Publications, Lucknow,
1979.
10

for strict analogy dictates that as the dowry is a compensation in exchange for
conjugal rights, whatever amount they agree to should be permissible, be it
great or small.
Similarly, he preferred the hadith, Whoever vomits or has nosebleed should
perform ablution and continue his prayer from where he left it over analogy
even though the hadith is weak and mursal.
5- Qiyas [Analogical Reasoning]: Imam Ahmad would only turn to his own
analogical reasoning as a last resort. The great Ibn Qudamah writes in his
treatise on Usul al-Fiqh, Rawdah an-Nadhir, No one can give an opinion in
Shariah without the use of Qiyas. The use of Qiyas has been carried forward
extensively by the Jurists like Ibn Taymiyyah and Ibn al- Qayyim but in
different manner to that of Hanafi Madhhab. The doctrine of Istishab is also
acceptable in the Madhhab of Imam Ahmad but its manner of acceptance was
different to that of Maliki and Shafii Madhahibs. The fuqaha (Jurists) also
accept the use of Maslahah and every hukm (Command/rule) of the Shariah was
based on this principle of Maslahah. Imam also admits the use in Siyasah
Shariah and gave legal opinion in that regard.

Ahmads doctrine
As demonstrated previously, Imam Ahmad became the leading authority on the
Orthodox doctrine of Islam, which represented the first three blessed
generations of Islam, untainted with foreign dogmas. Ahmads doctrinal
influence can be measured by the fact that, out of the four traditional schools,
the Hanbali School alone maintained its own theological view, unlike the Hanafi
School which adopted the Maturidi doctrine, or the Shafii and Maliki schools
that adopted the Ashari doctrine. The secret for this was the depth and length at
which Ahmad spoke in matters of theology, due to the prevailing unorthodoxy
in his age, headed by the Mutazilites. Due to this it is noted that there have
been, in comparison to other schools, very few Hanbalis who inclined towards
unorthodox views, for the copious volume of narrations from Imam Ahmad
dealing with specific issues of doctrine made it extremely difficult for his
followers to adhere to any other, yet still remain faithful followers.

Imam Ahmads doctrine could be summarised as follows:

1) He would believe in the description that Allah gave to himself in the Quran,
or inspired the Prophet with, and affirm them at their face value (Dhahir), while
generally negating any resemblance between the Creator and the creation.
11

2) He would vigorously reject negative theology (Tatil), as well as allegorical

exegesis (Tawil), with respect to belief in Allah, which was heavily employed
by the Jahmites, Mutazilites and the Kullabites (later to be known as the
Asharites) to justify their philosophical approach to God.
3) He believed that Allah Speaks with letters and sound, for he believed every
word and letter of the Quran to be the word of Allah, contrary to the Kullabites,
who, in their opposition to the Mutazilites, affirmed eternal Speech for Allah,
yet still agreed with them in that they believed that the Quran, which is
composed of letters, was created.
4) He believed that Allah literally hears and Sees; that He has two Hands with
which He created Adam; that Allah has a Face
5) He believed that Allah literally Rose over the Throne after Creating the
heavens and the Earth in six days.
6) He believed that Allah is High above and distinct from His creation
7) He believed that Allah is all Knowing, All Wise, All Power and All Able, and
that Allah has His own Will, He Does what He likes out of His Wisdom.
Whatever Allah has written and Decreed upon His creation, must come to pass.
Nothing leaves His knowledge, or happens without His Permission or Will.
8) He believed that Allah becomes pleased when obeyed and Displeased when
disobeyed.
9) He would regard the Jahmiyah (followers of al-Jahm ibn Safwan), and the
Rafidha (the Imami Shias) who curse the Companions, to be disbelievers
(Kuffar).
10) He held that the sinners amongst the Muslims are under the threat of Allah's
punishment; that if He wishes He may punish them or forgive them; Contrary to
the Khawarij. He would not declare a Muslim to be a disbeliever (Kafir) on
account of his sins, nor would he exclude actions from Iman unlike the Murjia.
Once he was asked about those who declare their belief in the five pillars of
Islam, yet refuse to perform them; he said, in reply, they are disbelievers
(Kuffar).
11) He believed in the miracles that occurred at the hands of the Awliya (pious
Muslims) as a favour from Allah.
12) He believed that Abu Bakr is the best of the Companions, followed by
Umar, then the six companions chosen by the latter as Ashab al-Shura (members
of Shura council): Uthman, Ali, al-Zubair, Talha, Abd al-Rahman b. Awf and
12

Sad b. Abi Waqqas; followed by the fighters of Badr from the Emigrants
(Muhajirin) and then the Helpers (Ansar).
13) He prohibited discussions on the differences between the Companions or
dislike of any of them; for the honour of Companionship with the Prophet
SallAllahu alaihi wa-sallam is sufficient a virtue to rank them higher than the
entire Muslim Ummah until the end of time.

The Trial
Imam Ahmad is remembered as a legendary figure in the Islamic history for his
uncompromising stance and for withstanding immense pressure during the trial
of the creation of the Quran. The Caliph at the time, Mamun, subjected the
scholars to severe persecution, at the behest of the Mutazilite theologians who
attributed themselves to Imam Abu Hanifa in jurisprudence. The Mu'tazilites
were a heretical Muslim sect, who sanctified their intelligence above the
revelation and espoused the belief that, even though, the Quran is the speech of
Allah, He created that speech as a distinct entity and called it the Quran. This
was in opposition to the orthodox belief that Allah spoke every word of the
Quran, and indeed: Allah spoke to Moses directly, as Allah states in the
Quran.
The Mutazilites were discredited throughout the Umayyad rule and never given
the position of prominence and influence, until the Caliph al-Ma'mun came to
power, during the Abbasids, who took them into confidence and bestowed
them with official positions within the state as judges. Bishr al-Marrisi and
Ahmad b. Abi Duad were the two important figures behind the Mutazilite
inquisition, which systematically placed many jurists and traditionists on trial
until they were forced to acknowledge that the Quran is created, and their
acknowledgement publicised in all major cities.
Nearly all the scholars of Baghdad from the jurists and the traditionists were
tested, and all of them acknowledged the doctrine of the created Quran, with the
exception of the two; Ahmad b. Hanbal and Muhammad b. Nuh. This greatly
pained and angered Imam Ahmad, such that he boycotted some of the great
traditionists for their acknowledgement, and often refused to narrate from them.
Amongst those boycotted were a close companion and a colleague of Imam
Ahmad, Yahya b. Main, about whom, it is said that Imam Ahmad refused to
speak to him until he died and composed the following lines of poetry censuring
his acknowledgement of heresy:
13

Ya ibn al-madini al-ladhi 'uridat lahu

Dunya fa Jada bi dinihi li yanalaha
Madha da'aka li intihali maqalatin
Kunta taz'umu kafiran man qalaha
O Ibn al-Madini, to whom the world was offered,
So he strove to attain it at the expense of his religion
What made you embrace a dogma (about which)
You would impute disbelief on the one who adopts it!
Finally, Ahmad b. Hanbal and Muhammad b. Nuh were also put to the test on
the order of al-Mamun, but they refused to acknowledge the creation of the
Quran. Consequently, they were despatched in irons to be dealt with by alMamun himself. On the way, Imam Ahmad supplicated to Allah to prevent him
from meeting al-Mamun. His prayer was answered in the sudden death of alMamun due to which they were both sent back. Muhammad b. Nuh passed
away on their return journey, and there was none to prepare his funeral, pray
over, and bury him, except Imam Ahmad.
He remained imprisoned in Baghdad until al-Mutasim assumed power. AlMutasim, unlike al-Mamun, was a destitute to knowledge. Nevertheless, he
continued the Mutazilite inquisition as explicitly requested by al-Mamun in
his will. His rule was perhaps the most brutal towards Sunni scholars in general,
and Imam Ahmad in particular who intransigently continued to resist all
attempts by the authorities to force him to acknowledge the creation of the
Quran. The frustrated Caliph finally ordered Ahmad to be flogged in public,
which resulted in Ahmad falling unconscious. Imam Ahmad was released
shortly afterwards, when al-Mutasim feared that the commotion caused in
Baghdad due to mistreatment of Ahmad may reach an uncontrollable pitch.
After al-Mutasims death, al-Wathiq took over the office of Khilafa, and
ordered his loyal Mutazili judge in Egypt, Ibn Abi al-Layth to press hard with
the inquisition. This caused many to flee from Egypt, while the prisons became
full of jurists and traditionists who resisted the government demands. In
Baghdad, however, the general public had become enraged over the policies of
the government, which made it difficult for al-Wathiq to pursue the inquisition
with the same vigour. He therefore, instead of re-imprisoning Imam Ahmad,
resolved on banishing him from Baghdad, saying: Do not live with me on this
earth!, and henceforth, Ahmad b. Hanbal went into hiding.
14

Towards the end of al-Wathiqs reign, a close student of al-Shafii, Ahmad b.

Nasr al-Khazai was caught by the officials and charged for organising an
uprising in Baghdad. When Ahmad al-Khazai was brought to al-Wathiq in
chains, the latter, instead of asking him about his role in the uprising, questioned
him about his belief in the creation of the Quran, to which Ahmad al-Khazai
gave the standard Sunni reply. The enraged Caliph, upon hearing his response,
personally decapitated him. His head remained in Baghdad, while his body
remained on a crucifix in Samurra for six years, as a grisly warning to potential
rebels.
After al-Wathiqs death, his brother al-Mutawakkil took charge of the office. AlMutawakkil, unlike his predecessors had the utmost respect and admiration for
the Sunni school, and through him, Allah decided to put an end to the
inquisition. Promptly after assuming the position as Caliph, he sent orders
throughout the Khilafa to put an immediate end to all discussions regarding the
Quran, released all the prisoners of faith, dismissed the Mutazili judges, and
more significantly deported the chief instigator of the inquisition, Ahmad b. Abi
Duad along with his family. He further ordered that the Mutazili judges
responsible for the inquisition be cursed from by the pulpits, by name.
Al-Mutawakkil, on the other hand, showed his utmost reverence to the Sunni
hero of the inquisition, Imam Ahmad b. Hanbal, and wished to take care of all
his affairs. Ahmad, however, turned down the offers due to his general dislike of
being close to the rulers. Al-Mutwakkil, knowing that Imam Ahmad would
refuse his offerings, instead presented some gifts to his son, Salih b. Ahmad.
When it came to his knowledge, Imam Ahmad showed strong disapproval and
refused to consume anything from his sons wealth.
The Madhab of Imam Ahmad
After the death of Imam Ahmad, his students travelled across the Muslim world
along with the responsa (Masail) of Ahmad concerning theology, jurisprudence
and traditions. From the foremost of his students are: his two sons, Salih and
Abdullah, Hanbal ibn Ishaq, al-Marrudhi, al-Kawsaj, Ibn Hani, Abu Dawud
(compiler of Sunan Abi Dawud), al-Athram, Abu Zurah al-Razi, Abu Hatim alRazi, Abdul-Wahhab al-Warraq, al-Tirmidhi and many others.
However, it was not until al-Khallal travelled the Muslim world, collecting the
responsa of Imam Ahmad from his students scattered across the Khilafa, that the
Madhab of Imam Ahmad was compiled in an organised form. This vast
compilation became known as al-Jami, which is still used in the 8th Islamic
century by Ibn Taymiyah and his contemporary Hanbali jurists.
15

This collection was then summarised into a short treatise on the Fiqh of Imam
Ahmad by the Baghdadi-Hanbali jurist al-Khiraqi, which became known as
Mukhtasar al-Khiraqi. This treatise was the first Fiqh manual ever written in the
Madhab, and its first ever commentary was also written by its very author, thus,
making al-Khiraqi the first author of a Fiqh manual in the Madhab, the first one
to write a commentary on a manual, and indeed the first Hanbali to comment on
his own manual.
The summarised treatise on Fiqh by al-Khiraqi proved to be the most important
contribution to Hanbali Fiqh, with over 300 commentaries, according to Yusuf
b. Abd al-Hadi, which even today remains an excellent introductory manual to
the Hanbali School of jurisprudence. The famous commentaries to al-Mukhtasri
include, but are not restricted to: a commentary by Ibn Hamid, then al-Qadhi
Abu Yala, then Ibn Qudama al-Maqdisi, whose commentary, famously known
as al- Mughni, is considered to be a timeless masterpiece.

Hanbali Books on Theology

Since Hanbalism is as much a school of theology as it is a school of Law, the
Hanbali theologians have contributed several works, at various intervals in
history, representing the doctrine of Ahmad b. Hanbal. Imam Ahmad himself
played a leading role in authoring books on doctrine, such as the Kitab alSunnah (Book of Sunnah) and al-Rad 'Ala al-Zanadiqah wa al-Jahmiyah (The
refutation of the Heretics and the Jahmis). Apart from these two works, Imam
Ahmad wrote several letters addressed to some of his contemporaries,
explaining the orthodox creed, found in the Tabaqat of Ibn Abi Ya'la, although
not all of the letters are authentic.
Subsequently, the students of Ahmad in particular, and the rest of his followers,
continued to contribute works in theology. Several Hanbalis authored books, in
the footsteps of their Imam, with a common title: Kitab al-Sunnah, such as alAthram, Abdullah (the son of Imam Ahmad), Hanbal ibn Ishaq (the cousin of
Imam Ahmad), al-Khallal.
Some of the important manuals on doctrine accepted by the mainstream
Hanbalis include: Lumat al-Itiqad by Ibn Qudama al-Maqdisi, al-Itiqad by alQadhi Abu Yala, al-Iqtisad fi al-Itiqad by Abd al-Ghani al-Maqdisi, and
various treatise written by Ibn Taymiyah, such as al-Wasitiyah and alTadmurriyah, as well as his close student Ibn al-Qayyim, such as his famous
Nuniyah, an ode rhyming in the letter Nun.
16

It is worthy to note that many works on theology by some Hanbalis were

reactionary to the Hanbali-Ashari feud, such as al-Radd Ala al-Ashairah
(Rebuttal of the Asharites) by Ibn al-Hanbali, and by Abul-Wafa Ibn Aqil with
the same title. Another example of such work is Ibtal al-Ta'wilat li Akhbar alSifat (Negation of the Allegorical Interpretations of the Traditions Pertaining to
Divine Attributes) by al-Qadhi Abu Yala, which came is a rebuttal of the book
Mushkil al-Hadith wa Bayanuhu (The Problematic Traditions and their
Interpretations) by Ibn Furak, the Ashari theologian and a traditionist, who
compiled the aforementioned book, giving allegorical interpretations to divine
texts that seemed problematic according to Ashari principles; and alMunadhara fi al-Quran maa Ahl al-Bidah (The Debate Regarding the Quran
with Some Heretics), by the great Hanbali jurist, Ibn Qudama al-Maqdisi, where
he relates his violent discourse with his contemporaries from the Asharis,
whom he refers to as Heretics, about the nature of the Quran contained in a
book-form (Mushaf), whether it is created or uncreated.
Other Hanbalis, although they did not author books dedicated to doctrine, they
did, however, include sections of doctrine in books of Fiqh and Suluk (ethics).
Al- Ghunya, by Abdul-Qadir al-Jilani a famous Hanbali jurist and the founder
of the
Qadiri Sufi order is for the most part, a manual in ethics and morality, yet it
begins with a thorough presentation of the Hanbali doctrine, which paints alJilani as an ardent follower of the mainstream Hanbalism, and an avowed
antagonist of the Asharis.

Hanbali Books on Fiqh

The first manual in Fiqh, as mentioned earlier was the famous al-Mukhtasar by
al- Khiraqi, which has remained up until this day, from the most important
introductory works on Hanbali Fiqh, with its commentary par excellence, alMughani by Ibn Qudama.
Al-Majd Ibn Taymiyah, who was the grandfather of the famous Hanbali
theologian and jurist, Taqi al-Din Ibn Taymiyah, was considered to be one of the
great authorities in the school, along with Ibn Qudama, such that if the two
Sheikhs agreed upon an issue, it would be considered the reliable opinion
(mutamad) in the school. Al-Majd Ibn Taymiyah authored his famous and
reliable Fiqh manual called al-Muharrar fi al-Fiqh.
Ibn Qudama played a key role in developing a Hanbali curriculum of Fiqh for
all levels of students. He wrote a preparatory manual for the beginners called alUmdah, with the objective of developing an all-round surface understanding of
17

jurisprudence, without confusing the student with difference of opinion within

the school. For the students at an intermediate level, he authored al-Muqni,
aimed at training the students at exercising preference (tarjih) upon conflicting
opinions (taarudh) within the school. For the next level, he authored al-Kafi,
with the goal of acquainting the student with the sources of the Law, and the
methodology for extrapolating rules from the revelation. Al-Mughni (lit. rich),
which is a commentary on al-Mukhtasar by al-Khiraqi, was compiled for the
advanced students, to familiarise them with the difference of opinion and the
respective arguments, beyond the school, even surpassing the four traditional
schools.
The aforementioned book, al-Muqni by Ibn Qudama had received two main
important commentaries: al-Sharh al-Kabir (the Great Commentary) by alMuwaffaq Ibn Qudamas nephew, Shams al-Din Ibn Qudama al-Maqdisi; and
al- Insaf by the famous Hanbali jurist and judge, Ala al-Din al-Mardawi. These
two commentaries have remained popular amongst post-Ibn Qudama
generations up until today.
Al-Muqni, also has a very popular abridgment by the famous Hanbali jurist
Sharf al-Din Abu al-Naja al-Hajjawi called: Zad al-Mustaqni fi Ikhtisar alMuqni. This abridgement became particularly famous amongst the Hanbalis
from Najd, where it is regarded as the primer to the Madhab. The most common
and widely accepted commentary on Zad was written by the Egyptian Hanbali
jurist, Mansur b. Yunus al-Buhuti called: al-Rawdh al-Murbi, which was
further commented on by the Najdi-Hanbali jurist, Abd al-Rahman b.
Muhammad b. Qasim. The latter commentary, which is informally known as
Hashiyat Ibn Qasim is regarded to be one of the greatest contributions to the
school in the modern times. Another invaluable contribution to the school has
been al-Sharh al-Mumti Ala Zad al- Mustaqni, by the famous and profound
Hanbali jurist, theologian, traditionist, linguist and a grammarian, Muhammad
b. Salih al-Uthaimin. Al-Sharh al- Mumti, originally, was delivered as a series
of lectures over the years, which was then written, compiled and then published
by his loyal students into volumes.
The aforementioned author of Zad al-Mustaqni al-Hajjawi, is also the author
of al-Iqna which serves today as a major reference work for verdicts (Ifta) in
Saudi Arabia, along with Muntaha al-Iradat by al-Futuhi. Both of these
voluminous manuals have been commented on by several authors. The most
famous of those commentaries are Kashaf al-Qina An Matn al-Iqna, which is
a commentary on al-Iqna, and Sharh Muntaha al-Iradat, both by al-Buhuti.
Notable Hanbali Scholars
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Many celebrated personalities in the Islamic history received their tutelage in

the Hanbali school, in Baghdad, Greater Syria (Sham), Egypt and finally the
Arabian Peninsula. The following is a very humble list comprising of some of
the notable Hanbalis bar the direct students of Imam Ahmad:
Al-Khallal (d. 311) A student of some of the closest companions and students
of Imam Ahmad. He is remembered and honoured for collecting the responsa of
Imam Ahmad from his students, who were scattered across the Muslim world.
al-Khiraqi (d. 334) (who summarised Jami' al-Khallal into a Fiqh manual, the
mother of all Fiqh manuals in the Madhab) Ghulam al-Khallal (d. 363) A
servant and a devout student of al-Khallal, and author of many works in various
sciences. It is reported that, days before his death, in his illness, he said to his
companions: I am with you until this Friday. Upon being asked why, he said: alKhallal informed me from Abu Bakr al-Marrudhi that Ahmad lived until he was
78 and died on Friday. Abu Bakr al-Marrudhi lived until he was 78 and died on
Friday. Al- Khallal lived until he was 78 and died on Friday. On Friday, Ghulam
al- Khallal breathed his last when he was 78. Ibn Hamid (d. 403) He was a
leading authority on the Hanbali school in his time, and known for his frequent
performance of Hajj, such that he died on his way back from Makkah. He is
regarded to be the last of the early class (Tabaqa) of the Hanbalis.
al-Qadhi Abu Ya'la (d. 458) He was born to a Hanafi family, but became a
Hanbali after studying under Ibn Hamid. He became the leading authority on
the school after Ibn Hamid, who is remembered for spreading the Madhab far
and wide. His Hadith assemblies were very popular and attended by thousands
of Traditionists, where he would sit on the chair of Abdullah b. Ahmad b.
Hanbal and narrate Hadith. Abu al-Khattab (d. 510) A devout student of alQadhi Abu Yala, and author of many works in the Madhab, the most important
of them: al-Intisar authored as a defence to various Hanbali juristic opinions in
comparison to other schools. His students included many prominent Hanbali
figures, such as Abd al-Qadir al-Jailani. Abu Ismail al-Harawi (d. 481) A
celebrated Hanbali jurist and a theologian, known for his awe-inspiring
personality, and ardent enmity towards the Asharites. He was one of the great
Sufi figures in the history, who authored Manazil al-Sairin a manual in
Tasawwuf which was later expounded by Ibn al-Qayyim in Madarij al-Salikin.
He was a fearless defender of the Hanbali faith such that he would often say:
Ana Hanbaliyun Mahayiytu fa in amut
Fa wasiyati li al-Nasi an yatahanbalu
I am a Hanbali as long as I live, and when I die
19

My legacy to the people is to become Hanbalis

Abul-Wafa Ali ibn Aqil (d. 488) One of the most intelligent jurists the
Hanbalis ever had within their ranks. He was, in his youth, influenced by the
Mutazlites and showed admiration for al-Hallaj (a pantheist who pretended to
be a Muslim), but soon repented and wrote various rebuttals against the
Mutazlites and the Asharites. Ibn al-Jawzi relates that Ibn Aqil once said: I
say with utmost certainty that the Companions died having no knowledge of the
atoms (Jawhar) or accidents (Aradh). Hence, if you feel that you should be like
them, then be! But, if you think that the way of the Doctors of Kalam is better
than the way of Abu Bakr and Umar, then how evil is what you think! He left
behind many works, amongst them voluminous al-Funun, of which only a small
portion is found today. Abdul-Qadir al-Jailani (d. 561) A Hanbali theologian,
great preacher and, perhaps the most influential Sufi figure who founded the
Qadiriyah way (Tariqa). Although, his life is regarded as a chain of miracles, so
much has been claimed about his sainthood by his passionate Sufi followers
that very little of his biographical accounts can be verified. The only book one
can attribute to al-Jailani with a level of surety is al-Ghunya, in which he spells
out his strict adherence to the Hanbali dogma and Law. Ibn al-Jawzi (d. 597)
A famous jurist, exegete, critic, preacher and a prolific author, with works on all
subjects. He began his preaching career at a very young age and gained
popularity amongst the masses. Although, he never met Ibn Aqil, he did
receive a fair amount of tutelage from his books, which left him perplexed about
the orthodox doctrine of the Hanbali school; as reflected in his theological
opinions that are often contradictory, and at times leaning towards allegorical
exegesis (tawil) conflicting with the mainstream Hanbali position. His works in
theology, thereafter, were criticised by the mainstream theologians of the
Madhab, such as Ibn Qudama. Ibn Qudama al-Maqdisi (d. 620) One of the
major Hanbali authorities and the author of the profound and voluminous book
on Law, al-Mughni, which became popular amongst researchers from all juristic
backgrounds. He was also an authority on Hanbali doctrine and a passionate
opponent of the Asharites, but that did not prevent him from joining the
military campaign of Salah al-Din al-Ayyubi, who was an Ashari, against the
Crusaders in Palestine. Majd al-Din Ibn Taymiyah (d. 653) A great jurist,
traditionist, grammarian and exegete of Harran. He was the grandfather of the
celebrated Sheikh al-Islam Taqi al-Din Ibn Taymiyah. The well-known
grammarian and the author of Alfiya, Ibn Malik would hold al-Majd in high
regard. He also enjoyed an esteemed position in the Hanbali school, as the term
The Two Sheikhs (Sheikhan) would only refer to him and Ibn Qudama. Taqi
al-Din Ibn Taymiyah (d. 728) A legendary figure in the Islamic history, known
20

by his friends and foes for his expertise in all Islamic sciences. Aside from
being a celebrated scholar, he also gained much prominence due to his
fearlessness, zealous activism, political and military campaigns in Damascus
against the invading Tatar. Ibn Nasir al-Din al- Dimashqi in his book al-Radd alWafir mentions 87 scholars from all schools who referred to Ibn Taymiya as
Sheikh al-Islam, a prestigious title given only to jurists and traditionists whose
verdicts reached a high level of fame and acceptance. His fame also earned him
many envious enemies who continued to conspire against him, until he was
imprisoned in the citadel of Damascus and died therein. His funeral was
attended by a mammoth number of inhabitants of Damascus, while the funeral
prayer in absentia was prayed over him throughout the Islamic world. He is
remembered for his invaluable contributions, not only to the Hanbali school of
jurisprudence and theology, but also to the rich Islamic heritage. He also
produced many students of high calibre. Names such as Ibn al-Qayyim, alDhahabi and Ibn Kathir are but some of his virtues.
Ibn Qayyim al-Jawziya (d. 751) The closest companion and a student of Ibn
Taymiyah who shared with him the moments of ease and hardship, until the
latters death in the citadel. His works in various Islamic sciences earned him
much acceptance and fame. Some of his important works include Zaad alMaad in Seerah and Fiqh, Ilam al-Muwaqqiin in Usul al- Fiqh, and alKafiyah fil-Intisar lil-Firqat al-Najiyah, an ode rhyming in the letter Nun on
Hanbali theology, which is taught and studied in Hanbali schools until today.
Ahmad ibn Abdil-Hadi (d. 744) A devout and close student of Ibn Taymiyah
and an expert traditionist. He wrote at length the legendary accounts of his
beloved teacher Ibn Taymiyah. He is also the author of al- Sarim al-Munki fi alRadd Ala al-Subki, a violent rebuttal of al-Subkis attempt to justify taking
long journeys for the visitation of the Prophets grave. Unfortunately, he died
before completing this book at the age of forty. Najm al-Din al-Tufi (d. 716)
The author of several important works, such as the summarisation of Rawdat alNadhir by Ibn Qudama, also known as al-Bulbul, widely taught until today. In
spite of being a Hanbali in Fiqh, he would often refer to himself as an Asharite
and extreme Shiite. He was chastised in public and imprisoned several times
for his unorthodox views. Although, his repentance is reported; however, Ibn
Rajab doubted the sincerity of his repentance. Shams al-Din b. Muflih (d.
763) One of the leading authorities in Hanbali Law who received his tutelage
amongst several prominent Hanbali figures, including Ibn Taymiyah. He gave
particular attention to the juristic preferences of Ibn Taymiyah, and included
them in his voluminous and renowned masterpiece on Hanbali jurisprudence
known as al-Furu. Ahmad b. Qadhi al-Jabal (d. 771) A chief judge and a
21

devout student of Ibn Taymiyah. He is regarded to be the leading Hanbali poet

of his time. He would often recite the following:
Nabiyi Ahmad wa Kadha Imami
wa Sheikhi Ahmad Ka al-Bahri Tami
wa ismi Ahmad Li Dhaka Arju
Shafa'ata Ashrafi al-Rusul al-Kirami
My Prophet is Ahmad, and so is my Imam
My Sheikh, Ahmad (b. Taymiya), is like an ocean abundant with knowledge
My name is Ahmad and henceforth I wish for
The intercession of the most noble of the Messengers
Ibn Rajab al-Hanbali (d. 795) A prominent jurist, traditionist, ascetic and
preacher, who authored several important works, largely commenting upon
famous collections of traditions, such as al-Tarmidhi, al-Bukhari and the forty
Hadith of al-Nawawi. His teachers include Ibn al-Qayyim, under whom he
learnt his famous Hanbali ode al-Kafiyah. Ala al-Din Al-Mardawi (d. 885)
A chief judge and one of the foremost specialists in the Madhab amongst the
latter Hanbali generations. He is the author of al-Insaf, a rich commentary on alMuqni of Ibn Qudama, where he lists the variance of opinion, then declares the
correct position in the school. Sharaf al-Din Al-Hajjawi (d. 968) A
distinguished figure amongst the latter Damascan Hanbali scholars, and the
author of two important manuals that were to remain the basis for verdicts
amongst the Hanbalis until today: Zad al-Mustaqni, a summarisation of alMuqni; and al-Iqna. Ibn al-Najjar al-Futuhi (d. 980) A notable Egyptian
Hanbali authority and the author of Muntaha al-Iradat, which were to become
another widely accepted manual amongst the latter Hanbalis, along with alIqna. Mari b. Yusuf al-Karmi (d. 1033) A Palestinian born scholar who
resided in Egypt and wrote extensively on various sciences. He is particularly
remembered for making two important contributions to Hanbali Fiqh: i) Ghayat
al-Muntaha, which came as a merger between the two relied-upon manuals, alIqna and Muntaha al-Iradat; and ii) Dalil al-Talib, a summarisation of Muntaha
al-Iradat. This manual received various commentaries, the most famous of
which is Manar al-Sabil, by Ibn Dhuwayan. Mansur b. Yunus al-Buhuti (d.
1051) An Egyptian jurist of great stature, held in much respect for his invaluable
contribution to the Hanbali School. His works mostly comprise of
commentaries on various manuals, such as al-Rawdh al-Murbi, a commentary
on Zad; Kashaf al-Qina, a commentary on al-Iqna; and a commentary on
22

Muntaha al-Iradat. He became the centre of learning for the Hanbalis from
Jerusalem, the Greater Syria and Najd. Abd al-Baqi al-Hanbali al-Bali
(d.1071) A jurist and a traditionist who received his tutelage from al-Azhar.
He assumed the position of Ifta for the Hanbalis in Jerusalem, and dedicated his
life to learning and teaching various sciences. Ibn al-Imad (d. 1089) A
Syrian-Hanbali scholar and the author of a large biographical history, known as
Shadharat al-dhahab fi akhbar man dhahab, covering the Hijra years one to
1000.
Abu al-Mawahib al-Hanbali (d. 1126) A Damascan Hanbali traditionist and a
leading reciter of the Quran, who wrote extensively on various topics. Due to
his known piety, he would often be asked to lead the prayer for rain (Salat alIstisqa), as occurred in the year 1108 when Damascus was hit by a drought.
Abu al-Mawahib then led the masses in prayer, beseeching Allah for rain, and
his prayer was instantly answered. Muhammad Al-Saffarini (d. 1188) A
traditionist and jurist and a profound writer on various issues. He is most
commonly famous for his poetic treatise on Hanbali theology called: al-Durrah
al-Mudhiyah fi Aqd al-Firqat al-Mardhiyah, which generally falls in line with
the mainstream Hanbali dogma, bar few instances. However, in his commentary,
known as Lawami al-Anwar al-Bahiyah, he often tends to contradict his poem,
in agreement with the mainstream Hanbali doctrine. His poem, nevertheless,
still remains popular amongst Hanbali students. Muhammad b. Abd alWahhab (d. 1206) A leading Hanbali jurist and a theologian of Najd; more
notably remembered as the pioneer of the revivalist movement which began in
the Arabian Peninsula, and continued to influence various Islamic movements
until today. The focus of his call was to revive the true Islamic monotheism
which in Najd had been tainted over the years with various pre-Islamic and
pagan practises. After a period of persecution, he was finally triumphant, joining
forces with the leader of al-Dariyah, Muhammad b. Suud (Saud). Sulaiman
b. Abd Allah b. Muhammad b. Abd al-Wahhab (d. 1233) Grandson of
Muhammad b. Abd al-Wahhab, who excelled in traditions, Fiqh and theology.
He was brutally executed on the orders of the viceroy of Egypt, Ibrahim Pasha,
by a firing squad in a graveyard. His flesh was then collected and buried.
Fatima bint Muhammad al-Hanbaliyah (d. 1247) A famous female scholar of
traditions, Fiqh, an ascetic and a popular preacher. She died in Makkah and was
buried in al-Mulla graveyard. Abdullah Aba Butain (d. 1282) The grand
Mufti of the 13th Islamic century Najd, and an undisputable Hanbali authority
on Fiqh, traditions and theology. He was also a great admirer and defender of
Ibn Abd al-Wahhab. Uthman b. Bishr al-Najdi (d. 1290) A Najdi historian
and a follower of Ibn Abd al-Wahhab, known for his work on history: Unwan
23

al-Majd fi Tarikh Najd. Muhammad b. Humaid al-Najdi (d. 1295) A Hanbali

jurist, traditionist , historian, and an ardent enemy of Ibn Abd al-Wahhabs
followers, in spite of being a student of Aba Butain and a great admirer of Ibn
Taymiyah and Ibn al-Qayyim. He is the author of al-Suhub al-Wabila ala
Dharaih al- Hanabilah, which is a continuation of Dhail Tabaqat al-Hanabila of
Ibn Rajab.
Hamad b. Atiq (d. 1301) A jurist and a judge in al-Kharaj, and then alAflaj, and an author of several works in theology and Fiqh. Ahmad b. Isa alNajdi (d. 1329) A jurist, traditionist, theologian, a student of Aba Butain and a
passionate follower and a propagandist of Ibn Abd al-Wahhabs revivalist
movement. He would travel to Makkah, the centre of the Islamic world, and
would often discuss theology with various scholars of the Muslim world. He
managed to earn great respect from the Sharif of Makkah, who, at his
encouragement, demolished all the domed- tombs in al-Mualla graveyard. His
invaluable contributions include his two volume commentary on al-Nuniyah of
Ibn al-Qayyim in theology. Abd al-Qadir b. Badran (d. 1346) A Damascan
scholar in Fiqh, Usul al-Fiqh, theology, grammar, and a great enthusiast for Ibn
Abd al- Wahhabs movement. He was initially a Shafii, and later, after much
research and investigation decided to be a Hanbali. His invaluable contributions
to the Madhab include: al-Madkhal ila Madhab al-Imam Ahmad, an all-round
introduction to the Madhab; a commentary on Ibn al- Qayyims al-Nuniyah; a
commentary on a Hanbali manual on Usul, Rawdhat al-Nadhir by Ibn Qudama,
and many other works. Abu Bakr Khuqir (d. 1349) A prominent Hanbali
scholar of Makkah, and a student of Ahmad b. Isa. He was an outspoken
propagandist of Ibn Abd al-Wahhabs movement, due to which he was
imprisoned along with his sons, while the eldest of them died in prison. He was
eventually released upon Abd al-Aziz b. Suuds conquest of Makkah, where
he was, thereafter, appointed as a Mufti for Hanbalis. His contributions mainly
comprised of works and rebuttals on theological issues. Ibrahim al-Duwaiyan
(d. 1353) A jurist, traditionist, genealogist and a judge in Qasim, most notably
known for his commentary on Dalil al-Talib, called Manar al-Sabil. Abd alRahman b. Nasir al-Sadi (d. 1376) A prominent jurist, exegete, grammarian
with a great interest in poetry. He contributed many works in different subjects,
the most of celebrated of them: Taysir al-Karim al-Mannan in exegesis; Manhaj
al-Salikin a primer in Fiqh. His students include Muhammad b. Salih
al-Uthaimin and Abdullah b. Aqil. Muhammad b. Ibrahim (d. 1389) The
Grand Mufti of Saudi Arabia, and a prominent Hanbali jurist. He played a
leading role in the development of some important legal and educational
institutes. His students include: Ibn Baz, Muhammad b. Abd al-Rahman al24

Qasim and Abd Allah b. Jibrin. Abd al-Rahman b. Qasim (d. 1392) A
prominent jurist, traditionist and a theologian, who is particularly esteemed for
the most valued contribution to the Islamic heritage in this age, a 35-volume
Majmu al-Fatawa of Ibn Taymiyah. His seven-volume commentary on alRawdh al-Murbi has also become considerably popular amongst the latter
Hanbalis.
Abd al-'Aziz b. Baz (d. 1420) The Grand Mufti of Saudi Arabia after his
teacher, Muhammad b. Ibrahim, and a leading figure in the Islamic Dawah. He
was a Mujtahid in Hanbali Madhab, and was referred to by some as the leading
authority on orthodox Islam (Imam Ahl al-Sunnah). Muhammad b. Salih alUthaimin (d. 1421) A leading jurist, grammarian, linguist, and a popular
preacher. A close and devout student of Abd al-Rahman al-Sadi, and a
commentator on Zad al-Mustaqni; his commentary is known as al-Sharh alMumti. His students include Ahmad al-Qadhi, Khalid al-Muslih, Khalid alMushayqih, and many others. Abdullah b. Aqil A jurist and formerly chief
justice in Saudi Arabia. One of the closest students of Abd al-Rahman al-Sadi,
who is known today as Sheikh al-Hanabilah. His close students include: Dr. alShibl, Haitham al-Haddad and Anas b. Aqil, his grandson. Bakr b. Abd
Allah Abu Zaid A jurist, traditionist, linguist and a profound author of many
works. His important contributions to the Hanbali Madhab include al-Madkhal
al-Mufassal ila Fiqh al-Imam Ahmad b. Hanbal, a two-volume in-depth
introduction to the Madhab, which serves today as one of the main reference
work on the school.
Increasing Number of Hanbalis
Historically, the Hanbali Madhab has always been known for having fewer
followers comparatively to the remaining schools. Some even argued that the
small number of followers was indicative of an inherent weakness of the
Madhab and its lack of popularity. Hanbalis often responded with the following
verse of poetry:
Yaquluna fi ashabi ahmada qillatun
Fa qultu lahum inn al-kirama qalilu
They say of Ahmads followers: How few they are!
Thus, I said to them: The dignified are always few
The secret behind the spread of any particular Madhab, or lack thereof, has
mainly been the authorities, responsible for bestowing the Islamic courts to one
faction, at the expense of the other. In a land where courts were dominated by a
25

particular Madhab, a student qualifying in a different Madhab had no future,

and consequently, was forced to migrate, or embrace the native Madhab, or
conspire with fellow Madhabists to seize the courts for themselves, by any
means necessary. This was one of the main reasons behind Hanafi-Shafii
rivalry in the Islamic history, which at times led to violent clashes.
The Hanbalis, however, had an inherent tendency of declining lofty positions
offered by the authorities. Hence, Abu al-Wafa Ibn Aqil al-Hanbali remarks
that the Hanbali Madhab has been oppressed by none other than Hanbalis
themselves. For whenever a Hanbali would excel in knowledge, he would
submerge himself in worship and gratitude to Allah, embrace the ascetic life
(Zuhd) and divorce himself from fame, status and worldly life. This was also
confirmed by a prominent Shafii traditionist and a historian, al-Dhahabi, in his
book Zaghl al-Ilm where he describes the Hanbalis with similar distinguishing
qualities.
The Hanbalis had remained an insignificant minority, and perhaps, close to
extinction, until Muhammad b. Abd al-Wahhab arose in Najd forming an
influential revivalist movement, with the aim to purify the true understanding of
Islamic monotheism, in a society stained with pre-Islamic pagan beliefs and
practices. After a period of persecution and exile, he joined forces with
Muhammad b. Suud and successfully revived the enforcement of the muchneglected Shariah laws.
It is solely to the credit of the Wahhabist revivalist movement, that until today,
the courts in the Arabian Peninsula are predominantly Hanbali, bar some areas
to the south near Yemen, which still remain Shafii. The significance of the
Wahhabist call is demonstrated in an undeniable fact that nearly all Islamic
reformist movements in the 20th century, directly or indirectly, are influenced
by the basic call of Ibn Abd al-Wahhab. Egypt, for example, apart from being
the centre for Ashari learning, with its political life dominated by a brutal
socialist-dictatorship, has been historically at odds with the followers of Ibn
Abd al-Wahhab; yet, one cannot but notice that the majority of The Youth of
Awakening (Shabab al- Sahwah) are somewhat more inclined towards the
Wahhabist thought than the dogma propagated by the local Azharites. Hence, it
comes at no surprise that Wahhabism has been singled out as an ideological
target in the so-called War on Terror.
A scant reading of the Islamic history illustrates that the Hanbalis are known for
having an outstanding character, fearlessness and eagerness for enjoining the
good and forbidding the evil, with Imam Ahmad setting the precedence by
remaining steadfast during the inquisition. After the demise of Imam Ahmad,
26

the Hanbalis grew stronger in Baghdad, and as Ibn Asakir notes, they would
patrol the streets, during which, if they noticed a man with an unrelated woman,
they would report him to the police; or if they noticed a musical instrument or a
bottle of alcohol, they would smash it. Al-Khiraqi, who was the first Hanbali
scholar to write a Fiqh manual, died after being severely beaten while
attempting to combat evils in Damascus. Ibn Taymiyah would likewise patrol
the streets with his students, during which, if they noticed anyone playing chess
they disrupt the game; or if
They saw utensils of alcohol or musical instruments, they would smash them.
Ibn Taymiyah was also greatly admired for his fearless encounter with the
ruthless Mongolian invader of Damascus, Qazan; as he is also remembered for
his frequent imprisonment for in defence of the orthodox doctrine.

The Life of Imam Ash- ShafiI (Rahimahullah) (d. 204 A.H. / 820
C.E.)9
Abu Abdullah Muhammad bin Idris ash-Shafii was a descended from the
Hashimi family of the Quaraish tribe to which the Holy Prophet (SAW)
belonged.

He was born in Gaza, Palestine, and was raised in Makkah, his parents home
town. He memorized the holy Quran while he was still a young child. When he
reached fifteen, his knowledge was so thorough, Muslim Ibn Khalid Al-Zinji,
the Mufti of Makkah, told him: O Abu Abdullah, give fatwa (religious rulings),
for by Allah it is time for you to do so!

Al-ShafiI travelled extensively for the sake of spreading knowledge.10 He went

to Madinah, met Imam Malik, memorized many hadith, and learned the
Muwatta of Imam Maliki. He also visited Iraq twice. By the second time he
arrived there, he was so famous for his knowledge, that many Iraqi scholars
followed him and rejected the innovations and deviations they espoused before.
9 islamichistory.com/imam-al-shafii-the-father-of-usul-al-fiqh/
10

MOHAMMEDAN LAW(11TH EDITION) - B.R VERMA

27

He then left for Egypt where he stayed until he died in 204 Hijri. There he
taught the jurisprudence of the Quran and Sunnah. He also taught linguistics,
poetry and genealogy, and debated people who were fanatically following their
madhahib (schools of thought). Most of them were of the Maliki school of
thought. They saw in him a wise and pious man so acquainted with their
madhahib but without any fanaticism. Through him, they were able to see their
flaws, and learned to seek the truth wherever it was.
But what earned Al-Shafii the title of the revivalist of the second century was
that he was the one who put the fundamentals of jurisprudence (usul Al-Fiqh).
Scholars before him used to gather the ahadith they heard in their countries, and
when a hadith seemed in contradiction with another, they used their personal
judgment to decide which one is the most acceptable.

Then at the time of Al-Shafii, the Prophets ahadith were gathered from
different countries, and the disagreements among the scholars increased until
Al-Shafii wrote his famous book, Al-Risalah, which is considered the
foundation of Islamic jurisprudence. In it, Al-Shafii relied on the literal
meaning of the Quran, then on the authentic Sunnah. He strongly argued for
the acceptance ahadith provided they were authentic. He considered following
and applying the Sunnah as equally important as following the Quran. He
supported the use of consensus and discouraged the use of ones personal
judgment without relying on the Quran, the Sunnah, the consensus or the
juristic reasoning by analogy (Qiyas). One of the things that distinguished AlShafii from other scholars was that he himself wrote the fundamentals of his
school of thought, as well as other books that are considered the body of his
jurisprudence.

Al-Shafii revival movement had many achievements:

He brought people back to follow the Sunnah after a lot of confusion had spread
among them.

He was committed to relying on evidence, and rejecting blind imitation. He

said: If a hadith is proved authentic, then it becomes my belief. He also said:
If you see that my words contradict the hadith, then apply the hadith and
disregard my words.

28

When he saw the opinions of some scholars before him were not based on the
Quran or the Sunnah, and had no foundations, he worked toward putting the
fundamentals of jurisprudence, and wrote down his famous book, Al-Rissalah.
He was the first to distinguish and separate between the application of discretion
in legal matters (Istihsan), and the juristic reasoning by analogy (Qiyas).
He did not confine himself to the knowledge of hadith or fiqh, but he was also
well versed in Arabic linguistics, poetry, and genealogy. Al-Karabissi, a famous
scholar of the time of Al-Shafii said: I have seen nothing nobler than AlShafiis study sessions. People of hadith used to attend them as well as people
of jurisprudence and poetry. Most of the well-known scholars in poetry and
linguistics used to visit him, and they would listen to his discourse on all these
disciplines.
Baghdad in Iraq and Cairo in Egypt were the chief centres of Imam Shafiees
activities. It is from these two cities that teachings of the Shafi-ee school spread.
During the time of Sultan Salahuddeen (Saladin), the Shafi-ee Madhhab was the
most prominent in Egypt, and to this day the Imam of the Al-Azhar Masjid is
always a Shafi-ee and the Shafi-ee Madhhab is industriously studied along with
that of the other three schools of the Sunnis.
During his life Imam Shafi-ee also suffered from political intrigues. For
instance, after studying under Imam Malik in Medina he was sent to fill an
office in Yemen, where he was accused of political involvement which resulted
in his arrest.
He was taken as prisoner to Haroun al-Rasheed. The Khalifah however found
him innocent and the Imam was honourably released.

Principles of Shafii School

According to the Shafiis, the term taharah refers to two things, the first of which
is an action by virtue of which one is permitted to perform ritual prayer. Such an
action might be wudu, or minor ritual ablutions, ghusl, or major ablutions,
tayammum, or sand ablutions, the removal of substances which are ritually
impure, and so forth, as well as an action with a similar meaning and form, such
as sand ablutions, Sunnah-based major ablutions [that is, the performance of
major ablutions when one is not obliged to according to Islamic law, but as a
means of emulating the practice of the Prophet - t.n.], or repeating one's minor
ritual ablutions for the sake of drawing near to God. What this means is that
placing water on one's face and other members of the body with the intention of
29

performing ritual ablutions is referred to as taharah, since the word taharah is a

verbal noun describing someones action. As for the phrase, "or an action with a
similar meaning and form,"
The second element included in the Shafiis' definition of taharah is the
elimination of hadith or the removal of najdsah, that is, ritual impurity, or an
action with a similar meaning and form, such as sand ablutions, Sunnah-based
major ablutions, etc. Taharah is in fact the spiritual condition which results from
the action. Ritual impurity is removed through minor or major ablutions; hence,
the removal is based on the action of an individual, and this is what is meant by
taharah. However, when the term taharah is thus applied to the action itself, this
involves metaphorical speech in which the result, namely, the state of ritual
purity, is spoken of by referring to its cause, namely, the action of removing the
impurity.
As for the Hanbalis, they hold that taharah in its legal sense is the removal of
hadith and any action bearing the same significance, as well as the removal of
najas or the condition associated with it. What is meant by the removal of
hadiths is the removal of the condition which prevents one from praying and the
like, since hadith is essentially a legal state which affects the entire body or
some of its members. Hence, being purified from this condition or state entails
its removal. When the Hanbalis speak of "any action bearing the same
significance", they mean any action that has the same meaning as the removal
of hadith. An example of this is the act of performing major ablutions on
someone who is deceased, since the ritual bathing of a deceased person is done
not to remove ritual impurity, but rather as an act of piety and devotion. The
same is true of repeating one's ritual ablutions even though one is already in a
state of ritual purity or performing major ablutions based on the example of the
Prophet. After all, these two practices bear the same significance as obligatory
ablutions even though they do not serve to remove any actual impurity.

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Characteristics & Distinguishing Qualities11

Imam Shafii was luckiest among all the Imams that he was bestowed
comprehensiveness. Due to stay in Hijaz. He gathered a pile of Ahadith and
traditions. Makka was his native place; he attended Imam Malik in Medina.
Then, he explored Iraq and Egypt. Thus, he became a great scholar of Hadith in
his age. In the field of Fiqh, he learnt the derivation style of Hadhrat Abdullah
bin Abbas in Makka and that of Hadhrat Umar and Abdullah bin Umar in
Medina from Imam Malik. Then, in Iraq he learnt Hanafi Fqih from Imam
Muhammad, in Syria he learnt the Fiqh of Imam Awzaee and in Egypt the Fiqh
of Imam Lais bin Sad. Besides, he was conferred with a tremendous power of
imagination and accumulation and best of interpretative styles. So he absorbed
the virtues of all the Fiqhi schools and avoided the positions that were not up to
his standard. Till his age, the compilation of Hadith had begun and he himself
had collected Ahadith exploring different cities. He observed that the other
schools of Fiqh have applied analogy in matters about which Hadith is found so
he extracted rulings according to Hadith. So, the tendency to support and defend
Hadith overpowered him. The scholars of Fiqh in Iraq had conditioned that only
the Ahadith will be accepted that are narrated by a number of people, and the
scholars of Medina were of the opinion that only the Ahadith will be accepted
that match the practice of Medina citizens. He opposed them and did not allow
widening the area of analogy.
The Fiqh Shafii bear this characteristic that the founder of this Fiqh himself
compiled a big part of his School. Thus, he recorded the rules and regulations
and the derivation method of his Fiqhi School in the shape of a book. And, with
his best power of interpretation he proved his methods and styles. The other
distinct feature of this Fiqh is that the founder himself spread and publicized his
Fiqh traveling in different cities. This was the reason that great Islamic scholars
were among his followers and students. Great scholars of Hadith and compilers
of Hadith books tended to this Fiqh and genius personalities of Islamic history
followed it.
According to the great Indian Hanafi scholar, Shah Waliullah, the Shafi'i
madhab is distinguished among all the Sunni schools in having the most
illustrious Islamic scholars in history, in all fields, among its followers.12 As alShafi'i emphasized the importance of muttasil (connected) and Ahad (singular)
11 http://islamic-laws.com/articles/sunnischools.htm
12 http://en.wikipedia.org/wiki/Shafi%27i
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hadith whilst undermining the relevance of mursal (skipped) hadith, his madhab
found particular favour among hadith scholars.
In terms of followers, Shafi'i is the second largest school of the Sunni branch of
Islam after the Hanafi madhab. It is practiced by approximately a third (33.33%)
of all Sunni Muslims, or around 29% of all Muslims worldwide including the
Shia.

Shafii Law of Zakat

Shafii law defines zakat as growth, blessings, and an increase in good,
purification, or praise. Zakat is defined as being a particular amount of
property that must be paid to certain kinds of recipients and under certain
conditions. The conditions state that a person who is considered to be under an
obligation to pay zakat must:
i)
ii)
iii)
iv)

Be Muslim
Be free, irrespective of whether he is male, female or child
Possess a sufficient amount of property to pay zakat
Pay the obligatory zakat once a lunar year

Shafii law specifically stipulates that a non-Muslim is not obliged to pay zakat.
This also includes apostate. However should an apostate return to Islam, he is
liable for that amount of zakat during which he was out of Islam. The law also
asserts that subsequent to the death of an apostate, his property is not subject to
zakat since it automatically becomes the property of the Islamic state.
In circumstances where property belongs to a child or mentally disabled person,
his guardian is obliged to pay zakat due on that property. Should his guardian
fail to pay zakat at the relevant period, the child upon reaching puberty or the
insane upon becoming same is required to compensate that which has been
previously neglected.
The following types of goods are subject to zakat: (i) livestock, which includes
a house, animals such as camels, cattle, sheep and goats; (ii) some food crops,
which include staple types that are cultivated, dried and stored such as wheat,
barley, millet, rice, lentils, chickpeas, broad beans, grass peas and as well as raw
dates and grapes; (iii) gold and silver; (iv) trade goods; (v) mined wealth, which
is restricted only to valuable metals such as gold and silver; (vi) wealth from
treasure troves.
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With the exception of zakat that is paid on an annual basis, Shafii law as well
as the other schools has established that zakat is to be paid at Eid al-Fitr. This
should be paid by every free Muslim who has sufficient funds to pay zakat and
must be paid between the night before and on the day of Eid al- Fitr. A person
who pays such zakat should also pay zakat to those who are dependent upon
him. In circumstances where a husband is considered to be poor and by contrast
his wife rich, the latter is not obliged to pay for her husband.
Should a person not pay zakat for one year and thereafter delay payment for
several years, he is obliged to pay on what he ought to have paid during the first
year for each year he avoided payment. If the property perishes or is destroyed
for the period in which zakat would otherwise become due, he is exempt from
payment. However if only a part of the property has been destroyed or perished,
then he is proportionally liable for that part that is intact. Accordingly, he will be
liable to pay 2.5% of the value of the remaining property and not of the whole
property in general. If however the property subject to zakat perishes or is
destroyed subsequent to a neglect to pay zakat, then zakat is due on the property
as a whole.
A person is not liable for zakat payment if his ownership ceases during any
period of a year or if he dies. If a person deliberately gives up or relinquishes
his property in order to avoid the payment zakat, then such a deed is considered
offensive. Where a person sells part of his property that is subject to zakat and
remains in ownership of another, upon which zakat is not payable, his sale is
deemed invalid. By contrast, if he were to only sell that part that is not subject
to zakat then his sale is considered to be valid.
Students may be asked whether a person should be obliged to pay zakat in
respect of property that has previously:
i)
ii)
iii)
iv)
v)

Been wrongfully seized from him

Been stolen
Been lost
Fallen into the sea
Been loaned to someone who is tardy for payment; however he
recovered them at the moment of payment.

Interestingly, Shafii law obliges a person to pay zakat even for the duration that
the property was out of his possession. It does however stipulate that where the
value of the property diminishes whilst it has been absent, the owner is free
from any obligation to pay. Should a person fail to regain his property for
reasons beyond his control, he is not liable for payment of zakat.
33

What happens if a person pays a lump sum when he has the option to pay in
instalments? An example to illustrate this would be the tenant who pays the rent
for the entire duration of his stay in advance. Here the landlord will be
separately responsible for the payment of zakat for the first and second year of
the tenancy agreement. Thereafter the obligation to pay the zakat lies on the
tenant, although it is unclear as to why this onus is transferred after a period of
two years.
Shafii law also obliges a person to pay zakat on property even though he may
have debts that are equal to the property. It is somehow paradoxical since state
funds which are formed from zakat payments are also intended to help a person
who has debts.

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35