Introduction to Hadith and Islamic Law

Seth Ward

Sources and Precedents

Qur’an: Basic source of Islamic law Revealed over 22 years. Earlier sections poetic, after 622 more legal

Sources for Law

Other sources: Traditional Arab practice Practices of Muhammad or other early

Muslims Practice of Christians and Jews Decisions of early judges

Umayyad

Abd al-Malik’s reforms

Emergence of the Law Schools

Abu Hanīfa (Iraq) d. 767Features: Iraqi traditions, ra'y (opinion) and qiyas

(logic). Contemporary provenance: Lands once part of Ottoman Empire, Central Asia, South Asia

Malik b. Anas (Madina) d. 795Features: Medina and Hijaz traditions. "Living tradition"

as well as hadith of Muhammad, and the opinions of Malik. Contemporary provenance: North Africa and Upper Egypt

Emergence of Law Schools

Al-Shāfi‘ī (b. Gaza, d. Egypt) d. 819 – often credited with four principles of Islamic law Qur’ān Hadīth Qiyās (“analogy”) Ijmā‘ (“consensus”)Contemporary provenance: South-East Asia, Lower

Egypt, Indian Ocean.

Emergence of Law Schools

Ahmad ibn Hanbal (Baghdad) d. 855

Features: Hadith even more central; role of reasoning very limited.

Contemporary Provenance: Saudi Arabia—basis of wahhabi movement.

Shi’a Law Schools

Zaydis (5-ers) Mostly Yemen, until nearly the present day. 

Isma'ilis (7-ers) "split off" with 7th imam, Isma'il, who predeceased his father Ja’far al-Sadiq. Fatimid dynasty, "assassins" and today the Agha Khan; Druzes are an "offshoot"of this stream.

Shi’a Law Schools

Imamis (12-ers) Their "law School" is called "Ja'afari" after Ja'far al-Sadiq, 6th imam, d. 765.The 12th Imam in ghayba "occultation" since 874; “greater occultation” since 939.

Other important imams: 2nd, 3rd: Hasan, Husein 5th: Muhammad al-Baqir, 7th: Musa al-Qazim. 8th Ali al-Rida.

Other Law Schools

Zahiris: Ibn Hazm

Jariri (Tabari) – based on Abu Ja’far Muh. Ibn Jarir al-Tabari (d. c. 923)

The Jariri school was notable for its liberal attitudes toward the role of women; the Jariris for example held that women could be judges, and could lead men in prayer. (Wikipedia)

Development of Hadith

sunna (pl sunan) “tradition” isnād “chain of transmitters,” matn “text.”

Abu Hurayra 5374 hadiths/ 1236 separate matns.

Bukhari 9082 hadiths, 2602 distinct matns Hadith Qudsi: A hadīth Muhammad is said to

have reported from God. Classification of transmitters: sahibi, talibi, talib-

al-talibin Ranking Transmitters

Hadith

Searchable hadith database: http://www.usc.edu/dept/MSA/reference/searchhadith.html . (mostly without isnāds).

Two important surviving early collectionsMalik (d. 795), Al-Muwatta Ahmad b. Hanbal (d. 855), Musnad The al-Muwatta is musannaf—organized according to subject—and includes Malik's view on the law. The Musnad is organized according to the companion of Muhammad who recited the tradition.

Hadith Collections

Al-Bukhārī (d. 870) and Muslim b. al-Hajjaj (875): The “Sahihayn”

Both collections include only traditions considered to have the soundest transmission. "Al-Bukhari's jurisprudence is visible in his chapter headings" - Al-Bukhari's chapters have headings which often suggest the authoritative practice supported by the hadiths; Muslim did not include rubric headings.

The four sunanCollections by these four authors include some "good" and even some "weak" traditions which were nevertheless useful because of their legal context.

al-Tirmidhi (d. 892),

Ibn Majah (d. 887),Abu Dawud (d. 888/9),

Al-Nasa'i (d. 915). 

Shi‘i Hadith

a. Nahj al-Balagha “Way of Eloquence”: Statements of ‘Ali http://al-islam.org/nahj/  

b. The "Four Books" (al-kutub al-arba‘a):Al-Kulaynī (Muhammad b Ya‘qūb d. 329/941), al-Kāfī Ibn Bābawayhi (Muhammad. b. ‘Alī b. Husayn b. Mūsa, d. 381/991-2) Man lā yakhduruhu al-faqīhAl-Tūsī (Muh. b. Hasan, 460/1067) al-Istibsār and Al-Tūsī, Tahdhīb al-ahkām.

Popular Husayn al-Baghawī, Mishkat al-Masabīh “Niche

for lights” –popular collection

Al-Nawawī, K. Al-Arba‘īn Nawai’s career is very indicative of the kinds of

things expected by this point: Commentary on Muslim’s Sahih and K. Al-Arba‘in; Minhāj al-Tālibīn, based on al-Rāfi‘ī’s k. Al-Muharrar; Commentaries on al-Rāfi‘ī’s commentary on Al-Ghazzali Al-Rawda fī mukhtasar sharh al-Rāfi‘ī lil-K. alWajīz lil-Ghazālī.

Shia

12ers: The last imam disappeared in 874 “Ambassadors” until 941. By this time there were collections of

“Shia hadith” notably by al-Kulayni d. 941 Principles: Qur’an, Hadith of Muhammad,

traditions of Imams, Aql or mantiq. Other collections by Ibn Babawayh and al-

Tusi.

Five categories (ahwal), Hadd, and Kings

Required Wājib, fard (individual and community). sunna mu‘āqada

Commendable Mustahabb Allowed or Neutral Mubāh Reprehensible Makrūh Prohibited Harām

http://hi-in.facebook.com/topic.php?uid=2441569136&topic=3510

“King’s Law” – al-ahkam al-sultaniyya. “Law of Government”

Muhtasib “Market Inspector” “HADD” PUNISHMENTS – theft, fornication, false

accusation of fornication