Historical Sources of Differences Within the Hanafi Madhab
In addition to the methodological differences that is a source of differences of opinion within the Hanafi madhab, there are also historical reasons why scholars within the Hanafi madhab (Indian v. Arab v. Chinese v. Ottoman) might differ such as:
1. Reliance upon different students of Imam Abu Hanifa such as Imam Abu Yusuf or Imam Mohammad
2. The Influence of Tasawwuf: created more “rigidity” in Indian fiqh
3. The Revival of Hadeeth Studies: resulted in a re-interpretation of rulings. (Deobandi v. Barelwi)
4. Regional Differences: Hanafis in Arab and Ottoman lands had to deal with interacting with different schools of law under different conditions than Hanafis in other territories. Also, different social conditions may result in different fatwas being issued based upon local custom.
5. Interaction with the State: The Hanafis in Ottoman lands had an extremely developed system of commercial law due to the Ottoman state being a major world power that engaged in trade.
Sphere: Related ContentPublished September 3, 2007 . Filed under: Islamic Law and Jurisprudence
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