The Consolidation of the Ḥanbalī Law School between 4th/10th – 6th/12th Centuries

Abstract

This study is an attempt to examine how the early Ḥanbalī circle progressed to become an accepted law school. The current study contributes by following on from previous studies, centring its research on the post-formative period of the Ḥanbalī school, between 4th/10th – 6th/12th centuries. It examines the activities of the Ḥanbalī school’s post-formative period to provide a realistic account of the Ḥanbalī school’s consolidation. The study argues that the formation of a law school is a process, and its consolidation to become a well-established and recognised law school in the Muslim community is an additional process –something that can span over centuries. The study explores three areas: the specific roles of early prominent Ḥanbalī figures; the concept of analogy as an expansion mechanism; and appearance of unique sub-discipline literatures within the Ḥanbalī school. The study maintains that the collective literature programme between early scholars consolidated the Ḥanbalī law school to a certain degree, but not to the extent for the Ḥanbalī circle to be recognised as an independent law school by other law schools. There were other factors. The study proposes that the Ḥanbalī school’s later ‘open-acceptance’ of analogy, and the emergence of the Ḥanbalī school’s mufradāt (unique) opinions played crucial roles in completing the Ḥanbalī school’s consolidation and recognition. The study argues that these three factors – not individually but simultaneously – helped to consolidate the Ḥanbalī law school. Some of these factors have not been examined previously, while others have been investigated but inadequately. The current study also extracts from newly discovered materials (in manuscript) which has not been investigated in previous studies. Chapter 4 and 5 surveyed the Ḥanbalī school’s unique opinions genre in substantive law. No extensive study was previously done in this manner for the subject, so it is something relatively new. Teaching, organising institutions of higher learning, and operating in the Judiciary system are some common forms of activism to advance a new law school. But it seems the Ḥanbalī scholars were more focused in producing literatures of great significance for their school’s advancement.