Abstract
Praise be to God، Lord of the Worlds، and prayers and peace be upon the Messenger of God and the Seal of the Prophets، our Master Muhammad، and upon his family and all his companions. After this blessed journey in this auspicious research، we have reached the following:
1. The interest of the Hanafi imams in the art of drawing the mufti for many centuries، and they made entire chapters for this drawing to define it and explain its drawing in their collections and works since the establishment of the dissemination of the opinions of their imams and their efforts in deriving rulings for practical issues and disseminating it in their books.
2. This approved drawing had a visible role and a great impact throughout those centuries in the stability of the judiciary and fatwas، as it did not leave the judge and the mufti in confusion or turmoil with those disseminated opinions.
3. The Hanafi school is the product of a blessed chain of diligent imams that began with the noble companion Abdullah ibn Masoud، may God be pleased with him، passing through Alqama، Ibrahim al-Nakha’i، and Hammad ibn Abi Sulayman، the imams of jurisprudence in Kufa، until it settled with our greatest imam and his two companions Abu Yusuf and Hamad، then it spread among the people.
4. These scholars had exceptional students who followed their principles، and they made great efforts in deriving rulings for new issues and problems. Their efforts were combined with the efforts of their imams under the name of the Hanafi school of thought and Hanafi jurisprudence.
5. Our greatest Imam was praised by scholars، for jurisprudence is only a branch of it، and people are dependent on it.
6. Abu Yusuf’s trust and high certainty in his Imam، to the point that he made him between himself and God Almighty when he judged people’s rights. This certainty made him not appoint a judge over people unless he was of the school of Abu Hanifa، may God have mercy on him.
7. Imam Muhammad bin Al-Hasan documented the jurisprudence of his Imam، along with the jurisprudence of the two companions، and disseminated and spread it. His books were the foundations of the works of this widely spread school of thought throughout the world.
8. The truth is that the two companion imams reached the level of absolute ijtihad. This is known by those who read the description of the imams who performed ijtihad for them، but they maintained their affiliation to their imam in his school of thought and did not follow a particular school of thought out of their reverence for him and his status in their hearts.
9. The approved fees in Hanafi jurisprudence require that it is not permissible to deviate from a statement agreed upon by the Grand Imam and the two Companions except in case of urgent necessity.
10. This auspicious decree requires that if the Imam has one opinion and the two Companions have another opinion، then the Imam’s opinion is to be decided absolutely، unless the judge or mufti is one of the people of ijtihad، in which case he chooses according to the evidence، or the reason for the difference between the Imam and the two Companions is a difference that occurred due to the era and time، in which case the ruling is based on their opinion because they are later in era and time.
11. If the imam has one opinion and one of the two companions has another opinion، then the action is based on what the imam and his companion agree on، and it is not permissible to deviate from it.
12. If there are three opinions on the issue، then the ruling is based on the opinion of the Imam if he has one، otherwise، it is based on the opinion of Abu Yusuf. If he does not find one، then the ruling is based on the opinion of Muhammad. Here also، if the judge or mufti reaches the level of ijtihad، he will exercise ijtihad in this paragraph and will weigh the evidence in choosing one of the three opinions
13.The auspicious decree has been settled that what the later mujtahids in the school have authenticated and written in their books must be taken into account and it is not permissible to deviate from it. There is no ijtihad in matters in which they have a say. It is necessary to restrict the judge and the mufti to it when they are appointed to the position of judge and mufti in the later eras. This is because the mujtahid mufti has ceased to exist، so there remains only the pure imitator. With this settlement، the school is according to the Hanafis، and God knows best
1. The interest of the Hanafi imams in the art of drawing the mufti for many centuries، and they made entire chapters for this drawing to define it and explain its drawing in their collections and works since the establishment of the dissemination of the opinions of their imams and their efforts in deriving rulings for practical issues and disseminating it in their books.
2. This approved drawing had a visible role and a great impact throughout those centuries in the stability of the judiciary and fatwas، as it did not leave the judge and the mufti in confusion or turmoil with those disseminated opinions.
3. The Hanafi school is the product of a blessed chain of diligent imams that began with the noble companion Abdullah ibn Masoud، may God be pleased with him، passing through Alqama، Ibrahim al-Nakha’i، and Hammad ibn Abi Sulayman، the imams of jurisprudence in Kufa، until it settled with our greatest imam and his two companions Abu Yusuf and Hamad، then it spread among the people.
4. These scholars had exceptional students who followed their principles، and they made great efforts in deriving rulings for new issues and problems. Their efforts were combined with the efforts of their imams under the name of the Hanafi school of thought and Hanafi jurisprudence.
5. Our greatest Imam was praised by scholars، for jurisprudence is only a branch of it، and people are dependent on it.
6. Abu Yusuf’s trust and high certainty in his Imam، to the point that he made him between himself and God Almighty when he judged people’s rights. This certainty made him not appoint a judge over people unless he was of the school of Abu Hanifa، may God have mercy on him.
7. Imam Muhammad bin Al-Hasan documented the jurisprudence of his Imam، along with the jurisprudence of the two companions، and disseminated and spread it. His books were the foundations of the works of this widely spread school of thought throughout the world.
8. The truth is that the two companion imams reached the level of absolute ijtihad. This is known by those who read the description of the imams who performed ijtihad for them، but they maintained their affiliation to their imam in his school of thought and did not follow a particular school of thought out of their reverence for him and his status in their hearts.
9. The approved fees in Hanafi jurisprudence require that it is not permissible to deviate from a statement agreed upon by the Grand Imam and the two Companions except in case of urgent necessity.
10. This auspicious decree requires that if the Imam has one opinion and the two Companions have another opinion، then the Imam’s opinion is to be decided absolutely، unless the judge or mufti is one of the people of ijtihad، in which case he chooses according to the evidence، or the reason for the difference between the Imam and the two Companions is a difference that occurred due to the era and time، in which case the ruling is based on their opinion because they are later in era and time.
11. If the imam has one opinion and one of the two companions has another opinion، then the action is based on what the imam and his companion agree on، and it is not permissible to deviate from it.
12. If there are three opinions on the issue، then the ruling is based on the opinion of the Imam if he has one، otherwise، it is based on the opinion of Abu Yusuf. If he does not find one، then the ruling is based on the opinion of Muhammad. Here also، if the judge or mufti reaches the level of ijtihad، he will exercise ijtihad in this paragraph and will weigh the evidence in choosing one of the three opinions
13.The auspicious decree has been settled that what the later mujtahids in the school have authenticated and written in their books must be taken into account and it is not permissible to deviate from it. There is no ijtihad in matters in which they have a say. It is necessary to restrict the judge and the mufti to it when they are appointed to the position of judge and mufti in the later eras. This is because the mujtahid mufti has ceased to exist، so there remains only the pure imitator. With this settlement، the school is according to the Hanafis، and God knows best