Analogy We have mentioned that if Abu Hanifa did not find a text in the Book,
Sunna or
fatwas of the Companions,
he exercised
ijtihad and opinion to ascertain the different aspects to be examined in the question under review.
Sometimes he was guided by analogy and sometimes by
istihsan – the best interests of people and lack of
harm in the
deen . He used analogy unless doing do would lead to something unseemly and not in keeping with
people’s behaviour, in which case he would use
istihsan . People’s behaviour was his guide in both
istihsan and analogy.
The analogy which Abu Hanifa mostly used was defined by scholars after him in a general definition: to
explain the ruling about a matter without a text by ruling it according to something whose ruling is known by
the Book,
Sunna or consensus since both matters share the same underlying cause.
Abu Hanifa’s
ijtihad and his method in understanding the
hadiths , coupled with the environment in which
he lived, made him use a lot of analogy and ramify secondary rulings accordingly, because in his
ijtihad , Abu
Hanifa did not stop at investigating the rulings of problems which had actually occurred but would extend his
reasoning to rulings in respect of problems which had not occurred. He would theorise in order to be prepared
for circumstances before they occurred so as to be ready to deal with them.
Thus Abu Hanifa’s method in understanding texts led to using a lot of analogy since it is not enough to
recognise simply what the rulings indicate. One must know the events which formed the context of the text
and how it was intended to benefit people and the reasons behind it, as well as any peculiarities which might
affect the rulings. It is only on this basis that analogy can be correct.
He used to ascertain the circumstances in which an
ayat had been revealed. He studied those questions
whose legal reasons were mentioned in
hadith until he was considered the best of those who explain
hadiths, because he did not confine himself to the outward sense but explained the intentions underlying the outward
sense and what the
hadiths indicated. The fact that there were not a great number of
hadiths to be found in
Iraq also compelled him to make more extensive use of analogy than he might otherwise have done.
Abu Hanifa divided texts into two categories: those dealing with worship in which case he did not
investigate the reasons behind the rulings because analogy was of no use in them, and those dealing with
matters of this world. In these texts he would attempt to infer the underlying reason which could then be
applied to other cases.