Introduction to Hadith and Islamic Law

1. Introduction to Hadith and Islamic Law Seth Ward

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

3. Sources for Law • Other sources: • Traditional Arab practice • Practices of Muhammad or other early Muslims • Practice of Christians and Jews • Decisions of early judges

4. Umayyad • Abd al-Malik’s reforms

5. Emergence of the Law Schools • Abu Hanīfa (Iraq) d. 767 Features: 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. 795 Features: Medina and Hijaz traditions. "Living tradition" as well as hadith of Muhammad, and the opinions of Malik. Contemporary provenance: North Africa and Upper Egypt

6. Emergence of Law Schools • Al-Shāfi‘ī (b. Gaza, d. Egypt) d. 819 – often credited with four principles of Islamic law • Qur’ān • Hadīth • Qiyās (“analogy”) • Ijmā‘ (“consensus”) Contemporary provenance: South-East Asia, Lower Egypt, Indian Ocean.

7. Emergence of Law Schools • AhmadibnHanbal (Baghdad) d. 855 • Features: Hadith even more central; role of reasoning very limited. Contemporary Provenance: Saudi Arabia—basis of wahhabi movement.

8. 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.

9. 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.

10. Other Law Schools • Zahiris: IbnHazm • Jariri (Tabari) – based on Abu Ja’farMuh. IbnJarir 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)

11. 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 hadīth Muhammad is said to have reported from God. • Classification of transmitters: sahibi, talibi, talib-al-talibin • Ranking Transmitters

12. Hadith • Searchable hadith database: http://www.usc.edu/dept/MSA/reference/searchhadith.html . (mostly without isnāds). • Two important surviving early collectionsMalik (d. 795), Al-MuwattaAhmad b. Hanbal (d. 855), MusnadThe 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.

13. 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.

14. The four sunan Collections by these four authorsinclude some "good" and even some "weak" traditions which were nevertheless useful because of their legal context. al-Tirmidhi (d. 892), IbnMajah (d. 887),Abu Dawud (d. 888/9), Al-Nasa'i (d. 915).

15. 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 (Muhammad b Ya‘qūb d. 329/941), al-Kāfī Ibn Bābawayhi (Muhammad. b. ‘Alī b. Husayn b. Mūsa, d. 381/991-2) Man lā yakhduruhu al-faqīhAl-Tūsī (Muh. b. Hasan, 460/1067) al-Istibsār and Al-Tūsī, Tahdhīb al-ahkām.

16. 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-Rawda fī mukhtasar sharh al-Rāfi‘ī lil-K. alWajīz lil-Ghazālī.

17. 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.

18. Five categories (ahwal), Hadd, and Kings • Required Wājib, fard (individual and community). sunna mu‘āqada • CommendableMustahabb • Allowed or Neutral Mubāh • Reprehensible Makrūh • Prohibited Harām 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