The Formation of Hanbalism by Hurvitz Nimrod

Author:Hurvitz, Nimrod
Language: eng
Format: epub
Publisher: Taylor & Francis (CAM)

In his answer Ibn Ḥanbal assumes that it is legitimate to interpret, in other words, to present a personal opinion based on an individual’s rational faculties. Ibn Ḥanbal’s willingness to express an opinion based on his own interpretation is the result of his sensitivity to the financial position of women. Though on other occasions he avoided passing a judgement and answered ‘I do not know,’ in the case of a husband who was mafqūd (missing), he would not agree to such a cautious position on the part of the jurist.

Due to the rarity of Ibn Ḥanbal’s direct references to legal method, it is worthwhile to introduce another remark on juristic procedure:

‘He [Ibn Ḥanbal] was told: ‘There is a man in a village (qarya) who is asking about a matter of which there is disagreement (ikhtilāf)?

He [Ibn Ḥanbal] said: He ought to deliver an opinion (yuftā) in accordance (bi mā wāfaq) with the Book and the Sunna, he ought to deliver an opinion on that basis (yuftā bihi), and as for that which is not in accordance to the Book and the Sunna he ought to keep away from it.’13

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