Abu Hanifa’s knowledge transmitted by his students It is clear that the only method we can use to discover the
fiqh of Abu Hanifa is by way of his companions.
We see that they wrote down the issues which they discussed with their shaykh after a specific opinion had
been reached. We must, however, take note of three things:
• The writings of the companions of Abu Hanifa that have been mentioned do not preclude him having
recorded his
fiqh himself.
• The statements transmitted by his companions lack any proofs other than transmitted traditions or reports,
reliance on the
fatwa of a Companion, or the position of a
Tabi‘i . Rarely are analogy or reliance on
istihsan mentioned, except in the books of Abu Yusuf, and he only reports them occasionally. There is no
doubt that this does not take us far towards understanding the use of analogy which was so strong in Abu
Hanifa’s time that his opponents accused him of going too deeply into it and claimed that his analogies
left the
Sunna and exceeded the scope of the Muslim
mujtahid .
When we read the books of ash-Shaybani, we only rarely find an analogy in which the underlying
reason is clarified so that we know how it was deduced and pursued. Also, where is the
istihsan of Abu
Hanifa which his students could not dispute because of his profound perception and insight? We have no
evidence that the later form of deduction was the same method of thought as that followed by Abu Hanifa.
• Abu Hanifa’s companions served his school by transmitting its teachings clearly to following generations
and their concern made Abu Hanifa respected. Each of those companions was an imam in his own right.
Abu Yusuf was a respected and important imam. He was the Chief
Qadi of the government for a long
time. Muhammad ash-Shaybani was an imam like Abu Yusuf in both
fiqh of opinion and
fiqh of
hadith .
He also related the
Muwatta’ of Malik as he related the
fiqh of Iraq and he knew both.
We have no option but to take Abu Hanifa’s
fiqh from those who accompanied him and so we should
briefly mention those of them who transmitted his
fiqh . Abu Hanifa had many students. Some travelled to him
and stayed for a time and then returned home after learning his method and technique. Others remained with
him. More than once, he mentioned the companions who remained with him: “They are thirty-six men:
twenty-eight are fit to be
qadis ; six are able to give
fatwa ; and two – Abu Yusuf and Zafar – are fit to teach
the
qadis and those who give
fatwa .” For Abu Hanifa to make such a statement, these students must have
already been mature. Because of his age, this would exclude ash-Shaybani, although he is in fact the major
source for the transmission of the
fiqh of Abu Hanifa to subsequent generations.
We will take a brief look at some of the companions who were responsible for recording the
fiqh of Abu
Hanifa, whether they were with him for a long time or whether, like Muhammad ibn al-Hasan ash-Shaybani,
they were not. The criterion is whether they play an important role in the transmission of his
fiqh .