From Ra’y (opinion) to Qiyas (analogy)

In the earlier stage of Islam, after the sad demise of the Holy Prophet (may the peace and blessings of Allah be upon him and his pure family), giving opinions (ra’y) was done on individual basis (without any direction or administration).

Later on, ra’y (opinion) assume the form of Qiyas (analogy). Personal opinions (ra’y) must now apply a logical framework (qiyas).

Two forms of qiyas emerged (I am summarizing and rephrasing)

• Finding a material that is very similar to the problem at hand. Use this as a basis of comparison
• Investigate the motive of the transmitted source and look for the spirit of law. See the cause and effect when new rulings are applied

To what extent did the Sunni Imam Abu Hanifah applied the speculative component in his legal rulings?

• The opponents of the Sunni Imam Abu Hanifa pointed out at his meager collection of hadeeths/traditions that were used by Abu Hanifah to establish his legal school.
• His advocates refuted this by saying that their teacher (Abu Hanifah) only uses qiyas (analogy) when no traditions existed.

Since there is some confusion here, the author said

It would require a deeper insight into Abu Hanifah’s classrooms than is possible in view of the state of the sources, to decide for either one of these parties.

So, what are the facts?

Fact #1: Speculative Jurisprudence in some manner may have existed before Abu Hanifah.

Hammad ibn Abi Sulayman (Abu Hanifah teacher), considered to be very weak in Prophetic traditions, was also claimed to be a great jurist in Kufa.

Fact #2: The Sunni Imam Abu Hanifah was the first person to codify Islamic laws on the basis of Qiyas (analogical jurisprudence).

The action of Abu Hanifah to codify his Islamic laws opened a pandora box.

Insults were casually thrown against him.

Ibn ‘Uyaynah said

“There are two things which I did not expect to spread beyond the bridge in Kufa: Hamzah’s way of reciting the Koran, and Abu Hanifah’s jurisprudence; indeed, both spread all over the world”

Note: please see footnotes in the book for original source.
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