The Hanafi Legal Theory: Some Significant Issues

Peshawar Islamicus, Vol. 8, Issue 2 (2017), pp 1-14

14 Pages Posted: 5 Jun 2019

See all articles by Mushtaq Ahmad

Mushtaq Ahmad

International Islamic University, Islamabad; International Committee of the Red Cross

Date Written: December 31, 2017

Abstract

Hanafi School has a comprehensive and internally coherent legal theory the most important characteristic of which is the use of the general principles of law. The School also developed a system of ‘precedents’ and, for that purpose, the grading of jurists and manuals of law which help in resolving analytical inconsistencies and resultant in a smooth functioning of the system. The jurists of the School have occasionally differed, but the disagreement has always remained at the level of ‘interpretation of facts’ and not at the level of ‘legislative presumptions’ of the School. It is these latter principles – the legislative presumptions – which determine the core legal theory of the School and give it a peculiar flavor.

Suggested Citation

Ahmad, Mushtaq, The Hanafi Legal Theory: Some Significant Issues (December 31, 2017). Peshawar Islamicus, Vol. 8, Issue 2 (2017), pp 1-14, Available at SSRN: https://ssrn.com/abstract=3389677 or http://dx.doi.org/10.2139/ssrn.3389677

Mushtaq Ahmad (Contact Author)

International Islamic University, Islamabad ( email )

PO Box 1243
Sector H-10
Islamabad, Kpk 44000
Pakistan

HOME PAGE: http://www.iiu.edu.pk

International Committee of the Red Cross ( email )

House no. 12, Street 83
G-6/4
Islamabad, 54000
Pakistan

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
119
Abstract Views
764
rank
277,123
PlumX Metrics