Indexed OCR Text

the use of opinion, they rely less on istishab and whenever they want to
minimise deduction by the use of opinion, they give more consideration to i s
tisha b. For instance, the Zahirites wanted to prevent the use of any opinion
whatsoever and so they made frequent use of istishab and were the people
who used it most. Shafi'ites, who forbade deduction by masalih, istihsan,
dhara'i, and other means, used it as a principle and relied on it more than did
the Hanafis and Malikis. It was the Hanbalis who inclined to Traditions the
most and considered their fi q h to be the fi q h of Traditions, so they
applied the principle of istishab.
Masalih (Public Interest)
We have mentioned the principles which Ibn al-Qayyim cited as the
principles of deduction used by Ahmad; he did not mention masalih among
them. The fact that it is not mentioned is not proof that it is not used. Hanbali
fuqaha' do consider public interest to be one of the principles of deduction,
and all attribute that principle to their Imam. Ibn al-Qayyim himself
considered it to be one of the principles of deduction. He stated that all that
the Lawgiver prescribed is in keeping with the best interests of people and
that those commands of the Shari'a which are connected to behaviour with
other people are based on the principle of bringing benefit and preventing
harm and corruption. That is repeated in all the books which he wrote: it is
affirmed in I'lam al-Muwaqqi'in, Miftah Dar as-Sa'ada, Zad al-Ma'ad and
other books. He ascribed that principle to Imam Ahmad, but he did not
include it when enumerating his principles because he thought that it merely
constituted part of sound analogy.
The scholars of legal principles state unanimously that Ahmad ibn Hanbal
and Malik utilised the principle of consideration of public interest. Indeed
some of the books of the Hanbalis go very deeply into the consideration of
public interest, excessively so in our view, particularly at-Tufi.
Applying the consideration of public interest ( masalih mur sala) and
considering it to be a legal principle on which deduction can be based is
found in many places in Ahmad's fiqh. It is consistent with his following the
Salaf in their legal reasoning and not deviating from their path, to such an
extent that he was considered one of the Ta b i ' u n. For the Salaf followed
the Companions and extrapolated from their fatwas by adopting the principle

of public interest. Here are some examples.
. They collected the Noble Qur'an into a bound book - something which had
not been done during the lifetime of the Messenger - because of the inherent
benefit in it, dictated by the fear that the Qur'an might be forgotten as a result
of the death of those who had memorised it. When 'Umar, may Allah be
pleased with him, saw many of the memorisers of the Qur'an fall in the Ridda
War,1 he feared that the Qur'an
1. The War of Apostasy, the defection of various Arab tribes after the death of the Prophet,
may Allah bless him and grant him peace, brought about the Ridda War in which large
numbers of Muslims were slain.
might be lost because of their deaths and so he suggested to Abu Bakr that it
should be collected together into a book. The Companions agreed to that and
were pleased with it.
· The Companions of the Messenger agreed after his death that the hadd for
wine-drinking should be eighty lashes using the principle of masalih mursala,
since they observed that one of the consequences of intoxication was the
slander of chaste women.
· The Rightly-guided Khalifs agreed to make artisans responsible for any
goods of other people they were working on, even though the basic position
is that things in one's possession are a trust (under Islamic law trustees are
not responsible for unintentional damage to goods in their keeping). They did
so because it was found that if they were not made liable for them they would
make light of guarding other people's goods and property. So in this case
public interest demanded that artisans should be made liable.
· 'Umar ibn al-Khattab, may Allah be pleased with him, used to confiscate
half of the wealth of governors who combined their personal wealth with
government assets and then used their position as governor to make a profit
on it. The benefit involved in that ruling was that he thought that it would
reform governors and keep them from exploiting the office of governorship
for their own ends.
. It is also related that 'Umar ibn al-Khattab had a group of people executed
for the murder of one person when they all participated in it, because public
interest demanded that even though no text existed to support it. The benefit

in this lies in the fact that it would otherwise become possible to shed
inviolable blood with impunity, resulting in a loophole in the principle of
retaliation. People would then use cooperation and partnership as a means to
commit murder since it would be known that no retaliation would be
demanded. If it be argued that this is an innovation by which other parties
than the killer are executed even when they were not all actually involved in
the act of killing, the argument refuting this is that the group responsible is a
collective and so collective execution is the same as executing the individual,
since killing is ascribed to the collective in the same way as for one murder to
an individual. Therefore individuals who join together with the aim of killing
are considered as a single person. Public interest demands this since it
involves the prevention of bloodshed and the protection of society.
Ahmad saw that the fatwas of the Companions were frequently based on the
principle of public interest and, indeed, that perhaps most of the fatwas in
which they make use of opinion were based on that principle. Since he
adhered to the Salaf in their fatwas, if he did not find a text he likewise
followed their methodology so that he would be illuminated by their light.
For that reason he used public interest as one of the means of fatwa and felt it
right to do so. Let us take some examples.
He used m a s a l i h in legal policy in a general way. It is the means by which
a ruler proceeds in putting people right and encouraging them to what is
beneficial for them and distancing them from what is corrupting for them. He
orders punishments in order to correct people, even if there are no texts
sanctioning those punishments, to punish people for certain crimes so as to
defend society from the evil of those crimes. We find many instances of such
uses of masalih, including exiling corrupt people and increasing the
punishment for drinking wine in daytime in Ramadan, and punishing those
who curse the Companions.
The principle of adh-Dhara'i' (Judgement of the
Means)
This is a legal principle on which the Hanbalis rely, following their Imam,
since he considered it to be one of the principles of fatwa. For when the
Lawgiver has obliged people to do something, anything which helps it to be

achieved is desirable, and when He has forbidden people something,
whatever leads to the occurrence of that prohibited action is also unlawful.
This can be demons tr ated by examining legal obligations in obliging and
forbidding. We find that where Lawgiver forbade something He forbade all
that leads to it, and where He commanded something He commanded all that
leads to it. For instance, because the J u m u ' a prayer is an obligation, going
to it is also an obligation, and leaving off trading to go to it is also obligatory.
He commanded love between people and forbade mutual hate and division
and so all that leads to the latter is also forbidden. Therefore, the Prophet,
may Allah bless him and grant him peace, forbade one to make a marriage
proposal when his brother has made one, and to bid against the bid of his
brother. Such actions are a means of engendering bad feeling between people.
The Lawgiver divided inheritance shares between the heirs and forbade
anything that would lead to someone altering his share, and so He has
forbidden a bequest to an heir or denying an heir his share. That is also why
the first Muhajirun and Ansar confirmed that a wife divorced during a man's
final illness should still inherit, since there is suspicion that the divorce may
have been performed with the aim of depriving her of her inheritance.
There are two areas in the Shari'a: ends and means. Ends are things which are
benefits or harms in themselves, and the ways are the means of achieving
them. Means can be examined in two ways. One is by looking at the
incentive which moved the person to act and whether what was intended is
lawful or unlawful, and the second is to look at the results without looking
into motives or intentions. The principle of sadd adh-dhara'i' does not
consider personal intentions and objectives but aims for general benefits or
the general removal of harm. Hence it examines the objective and end, or
simply the end.
Ahmad's position in this was similar to that of Malik. He considered and
established the ends, forbade what led to an unlawful end, and confirmed
what led to a desirable end. He regarded that as a general principle and
applied it to specific questions. For instance, he forbade meeting a caravan
before it arrived so that it would not lead to a rise in prices for the public and
hence to general harm.

Conclusion
These are the principles of the Hanbali school which the Hanbalis ascribe to
their Imam. All of them are derived from the Sunna. Although they branch
out and subdivide, they come from a single source: Traditions. He either
obtained a text from the traditions, and if he did not find a text for the case in
hand he emulated the means used in the Tradition, adopting its method. In
either case, he followed the path of the Salaf or adopted that position.
If we examine the principles one by one, we will find that Ahmad followed
the path of the S a l a f and did not overstep it or travel by any other route. He
found that the Salaf compared cases with others like them and gave similar
rulings in similar cases, and so he used analogy in the absence of a text. He
found that the Companions considered that something continued to have the
same ruling until the situation or thing changed and so he gave fatwa by what
later scholars called istishab on the assumption that in the absence of any
definite alteration rulings would continue unchanged.
He found that the Companions in the time of the Rightly-guided Khalifs took
note of public interest and considered that alone as s u fficient basis enough
for a ruling when there was no text. For instance, the Companions agreed to
collect the Qur'an into one copy; they executed a group of accomplices for
one murder; and they gave a guarantee to public employees because they saw
that public welfare lay in doing so. So Ahmad used masalih mursala for f a t
w a as they did and selected it as one of his principles of deduction since they
had initiated it; and so he followed them in it, directed by their guidance to
their method. He found that they applied to the means the same ruling as to
their end, and so he adopted the principle of judgement of means, negative
and positive.
Thus in his all fi qh he was a Sala fi and a Ta bi ' i, whether he exercised
his own i j ti h a d or transmitted a ruling from his predecessors. He
constantly took from the Salaf in his figh. That did not make his fiqh rigid
and inflexible, but rather fertile and luminous.
Imam Ahmad stated what are the necessary qualifications of a m u ft i. He
said, "A man should not set himself up to give f a t w a unless he possesses
five qualities. He must have a clear intention: unless he does, he will have no

light. He must have knowledge, forbearance, gravity and tranquillity. He
must be firm in his knowledge. He must be independent and not dependent
on other people. And he must be known to people." As we have seen, he
himself admirably fulfilled all these requirements in every way.
Glossary
Abbasids: the dynasty of khalifs who ruled from 750 to 1258 and had their
capital in Baghdad. They based their claim to power on their descent from
al-'Abbas, the uncle of the Prophet, may Allah bless him and grant him
peace.
adab: correct behaviour, inward and outward.
'adat: customary usage.
adhan: the call to prayer.
'Alawites: partisans of 'Ali ibn Abi Talib.
'amm: generally applicable, in reference to a Qur'anic ruling. Ansar: the
"Helpers", the people of Madina who welcomed and aided
the Prophet.
asbab an-nuzul: the historical circumstances leading to a Qur ' a n i c
revelation; situational exegesis.
'Asr: the Afternoon prayer.
ayat: a verse of the Qur'an.
Badr: a place near the coast, about 95 miles to the south of Madina
where, in 2 AH in the first battle fought by the newly established
Muslim community, 300 Muslims led by the Messenger of Allah
overwhelmingly defeated more than 1000 Makkan idolaters. b a la g h a
(plural bala g hat): a hadith in which the isnad is not mentioned but the
reporter quotes the Prophet directly.
De e n : the life-transaction, lit. the debt between two parties; in this
usage, between the Creator and created.
dhahir: apparent; a dhahir text can have two or more meanings. d h a r a ' i'
: means, used in the legal principle "judgement of the
means".
Dhuhr: midday prayer.
faqih, pl. fuqaha': a man learned in the knowledge of fiqh ( s e e

below) who by virtue of his knowledge can give a legal judgement. fard al-
kifaya: something which is obligatory for each community of
Muslims as a whole but is fulfilled if one adult performs it. fatwa: an
authoritative statement or decision on a point of law. figh: the science of the
application of the Shari'a. A practitioner or
expert in figh is called a faqih.
firasa : the science of recognising a person's inward qualities by
studying the outward appearance; intuitive knowledge of human
nature and understanding of situations.
Follower: see Tabi'un.
fuqaha': plural of faqih.
Fustat: Egyptian garrison town in early Islamic times; later an administrative
center, within modern Cairo.
hadd: see hudud.
hadith: reported speech of the Prophet.
hajj: the annual pilgrimage to Makka, which is one of the five Pillars
of Islam.
halal: lawful in the Shari'a.
haram: unlawful in the Shari'a.
Haram: Sacred Precinct, a protected area in which certain behaviour
is forbidden and other behaviour necessary. The area around the
Ka'ba in Makka is a H a r a m, and the area around the Prophet's
Mosque in Madina is a Haram. They are referred to together as alHaramayn,
'the two Harams'.
Hijaz : the region along the western seaboard of Arabia in which
Makka, Madina, Jidda and Ta'if are situated.
Hijra: emigration, especially for the Cause of Allah. Islamic dating
begins with the Hijra of the Prophet Muhammad from Makka to
Madina in 622 AD.
hudud : plural of h a d d, Allah's boundary limits for the lawful and
unlawful. The hadd punishments are specific fixed penalties laid
down by Allah for specified crimes.
huffaz: plural of hafiz. A hafiz is a hadith master who has memorised
at least 100,000 hadiths - texts, chains of transmissions and meanings.
Iblis: the personal name of the Devil. He is also called Shaytan or the
enemy of Allah.
'Id: a festival, either the festival at the end of Ramadan or at the time
of the Hajj.

'Id al-Adha: a festival at the end of the Hajj.
'idda: a period after divorce or the death of her husband for which a
woman must wait before re-marrying.
ihram: the conditions of clothing and behaviour adopted by someone
on hajj or 'umra.
ijaza: a certification, by a teacher, that a particular student is qualified
to teach a particular subject or to transmit a specific text or collection of
traditions.
ijma‘: consensus.
ijtihad: to exercise personal judgement in legal matters.
irja': suspending or postponing judgement on whether or not someone is a
believer.
'Isha': the obligatory evening prayer.
isnad: a tradition's chain of transmission from individual to individual.
istishab: Presumption of continuity, or presuming continuation of the
status quo ante.
istihsan : to deem something good, juristic preference; to decide in
favour of something which is considered good by the jurist, over
against the conclusion that may have been reached by analogy. istikhara: a
prayer for Divine guidance performed by someone faced
with a choice or decision.
Jahiliyya: the Time of Ignorance before the coming of Islam. jihad:
struggle, particularly fighting for the Cause of Allah to establish or defend
Islam.
Jumu ' a : the day of gathering, Friday, and particularly the J u m u ' a
prayer which is performed instead of Dhuhr by those who attend it. k a ff a r
a : atonement, prescribed way of making amends for wrong
actions, especially missed obligatory acts.
kalam : 'theology' and dogmatics. K a l a m begins from the revealed
tradition and employs rationalistic methods in order to understand it
and resolve contradictions.
khalifa: the khalif or caliph. The Arabic word from which khalif is
derived is khalifa while khilafa means the khalifate.
kharaj: taxes imposed on revenue from land or the work of slaves.
Kharijites: the earliest sect, who separated themselves from the body
of the Muslims and declared war on all those who disagreed with
them, stating that a wrong action turns a Muslim into an unbeliever. khass:
specifically applicable, particular.

khilafa: the office of khalif.
Khurasan: Persian province southeast of the Caspian Sea; a centre of
many dissident movements in early Islamic history.
khutb a : a speech, and in particular a standing speech given by the
Imam before the Jumu'a prayer and after the two 'Id prayers. kitaba: a
contract by which a slave acquires his freedom against a
future payment, or payment by instalments, to his master. kunya: a respectful
but affectionate way of addressing people as "the
father of so-and-so" or "the mother of so-and-so."
Madinat as-Salam: "the City of Peace", meaning Baghdad. Maghrib: the
sunset prayer.
marfu': 'elevated', a narration from the Prophet mentioned by a
Companion, e.g. "The Messenger of Allah said ... "
masalih mursala: Considerations of public interest, human welfare,
or utility not explicitly supported by a text.
mawali: the plural of mawla, a person with whom a tie of clientage
has been established, usually by having been a slave and then set
free. It was also used for a type of political patronage.
mawquf: 'stopped,' narration from a Companion. It can be elevated
to marfu' if it is of the nature of "We were commanded to ... " and
the like.
Mihna: the Inquisition instituted by the Abbasid khalif, al-Ma'mun,
which required all important people to state publicly that they
believed that the Qur'an was created, not uncreated.
mihrab : the prayer-niche, a recess in a mosque wall indicating the
direction of qibla.
minbar: steps on which the Imam stands to deliver the khutba, or sermon, on
Friday.
mu'adhdhin: (English, muezzin) someone who calls the adhan or
call to prayer.
Mudar: The northern Arab tribes fell into two groups: Mudar, under
the leadership of the tribe of Tamim, and Rabi'a. Opposing them
were the southern, Yemeni tribes under Azd. The tribes of Rabi'a
came to side with the Azdites.
mufti: someone qualified to give a legal opinion or fatwa. muhaddith: a
scholar who transmits and/or studies hadith. Mu hajir un : Companions
of the Messenger of Allah who accepted
Islam in Makka and emigrated to Madina.

mujtahid: a scholar who is qualified to carry out ijtihad. munqati': a hadith
in the isnad of which a link is omitted. Murji'ites: the opponents of the
Kharijites. They held that it is faith
and not actions which are ultimately important. They also have a
political position which suspends judgement on a person guilty of
major sins.
mursal: a hadith where a man in the generation after the Companions
quotes directly from the Prophet without mentioning the Companion from
whom he received it.
Musnad : a collection of hadiths arranged according to the first
authority in its isnad.
mutakallimun: those who study the science of kalam, the science of
investigating theological doctrine.
mutawatir: a hadith which is transmitted by a large number of narraters at all
stages of the isnad.
Mu' tazilite : someone who adheres to the school of the Mu't a z il a
which is rationalist in its approach to existence. Originally they held
that someone who commits a wrong action is neither a believer nor
an unbeliever. They also hold the Qur'an to be created. muttasil: a hadith
which has an uninterrupted isnad.
Nasibite: a group of people who dislike 'Ali and his family; they are
the counterpart of the Rafidites.
nass: unequivocal, clear injunction or prohibition; an explicit textual
meaning.
Qadar: "power". The Qadariyya were a sect who said that people
have power (qadar) over their actions and hence free will. Qadariyya: a sect
who believed d that people have complete power
(qadar) over their actions and hence free will.
q adi : a judge, qualified to judge all matters in accordance with the
Shari'a and to dispense and enforce legal punishments. qibla: the direction
faced in the prayer, which is towards the Ka'ba in
Makka.
Rafidites: group of the Shi'a known for rejecting Abu Bakr and
'Umar as well as 'Uthman.
rak'at: a unit of the prayer consisting of a series of standings, bowing,
prostrations and sittings.
Rashidun: the first four khalifs of Islam: Abu Bakr, 'Umar, 'Uthman
and 'Ali.

ra'y: opinion, personal discretion.
sadaqa: charitable giving for the Cause of Allah.
sadd adh-dhara'i': the blocking of a means which might lead to
undesired consequences.
shahada: bearing witness, particularly testifying that there is no god
but Allah and that Muhammad is the Messenger of Allah. It is one
of the pillars of Islam.
Salaf: the early generations of the Muslims.
sharif: descendant of the Prophet, may Allah bless him and grant him
peace, through Fatima and 'Ali.
Shari'a: The legal modality of a people based on the Revelation of
given to their Prophet. The final Shari'a is that of Islam. shaytan: a devil,
particularly Iblis.
shirk : the unforgiveable sin of worshipping something or someone
other than Allah or associating something or someone as a partner
with Him.
Shura: "consultation"; this term also designates the board of selectors
that was constituted by 'Umar to elect his successor.
Siddiq: 'the veracious"; a title given to Abu Bakr.
sira: biography of the Prophet.
Subh: the dawn prayer.
sunan: plural of sunna.
Sunna: the customary practice of a person or group of people. It has
come to refer almost exclusively to the practice of the Messenger of
Allah as understood and imitated by the first generation of Muslims.
Tabi'i: singular of Tabi'un.
Tabi' at-Tabi'in: the generation after the Tabi'un.
Tabi'un: the Followers, the second generation of early Muslims, who
did not meet the Prophet Muhammad, may Allah bless him and
grant him peace, but learned the Deen of Islam from his Companions.
tafsir: commentary or explanation of the meanings of the Qur'an. taqiyya:
concealment of one's views to escape persecution. tasawwuf: Sufism, the
Islamic science of attaining ihsan or spiritual
excellence.
tawhid: the doctrine of Divine Unity.
tayammum: purification for prayer with clean dust, earth, or stone. U m a y
y ads : the Muslim dynasty of khalifs who ruled in Damascus
from 661 until they were overthrown by the Abbasids in 750. umm walad: a

slavegirl who has borne her master's child: she cannot
be sold and becomes free upon her master's death.
'urf: common acknowledgement, customary practice.
usul: plural of asl, the basic principles of any source, used in figh. wudu':
ritual washing, performed to be pure for the prayer. zakat: a wealth tax, one
of the five Pillars of Islam.
Zaydites: a branch of the Shi'a deriving its name from Zayd ibn 'Ali
and hence called Fivers as its adherents have five Imams. zindiq: a term used
to describe a heretic whose teaching is a danger
to the state. Originally under the Sasanids it meant a free-thinker,
atheist or dualist.
zuhd: asceticism.
Index
al-‘Abbas ibn 'Abdullah 257
al-' Abbas ibn 'Abdullah 257 144, 171, 176-180, 202, 207, 2 11, 262-263,
284, 285, 286, 289-190, 320, 326, 328
'Abdullah ibn Abi Awfa 165 'Abdullah ibn Ahmad 388, 401,
458, 459, 464, 479, 488
'Abdullah ibn Dhakwan 44, 47 'Abdullah ibn Hasan 159, 168,
171
'Abdullah ibn Ibad 320
'Abdullah ibn Khabbab 317 'Abdullah ibn Mahdi 393, 393,
421, 431
'Abdullah ibn Mas'ud 4, 14, 42, 43, 52, 67, 96, 134, 158, 165, 167, 168, 182,
185, 186, 279, 288, 293, 297, 300, 301, 338,
360, 397, 481, 482
'Abdullah ibn al-Mubarak 120,
157, 402, 431, 432, 438
'Abdullah ibn Qays 354
'Abdu'r-Razzaq ibn Himam 394,

395, 398, 399, 416, 417, 430 'Abdullah ibn Saba' 171, 192-193 'Abdullah
ibn 'Umar 4, 9, 37, 41,
43, 53, 67, 100
'Abdullah ibn Yahya 139, 177 'Abdullah ibn az-Zubayr 4, 22,
46, 78, 79
'Abdu'l-'Aziz ibn Majishun 71,
84
'Abdu'l-Karim ibn 'Ajrad 320 'Abdu'l-Malik ibn Hamid 148, 465, 466
'Abdu'l-Malik ibn Marwan 4, 22, 46, 176, 319
'Abdu'r-Rahman ibn 'Awf 78, 453 'Abdu'r-Rahman ibn Mahdi 266, 271,
337, 343, 357
'Abdu'r-Razzaq 168
'Abdu'l-Wahhab ibn Abi Hasan 424
abrogation 265, 266, 272, 282, 313, 337, 369, 378
Abu'l-'Abbas at-Tusi 149
Abu Bakr 23-24, 40, 62, 63, 64, 98, 106, 135, 169, 177, 192, 195, 199, 212,
213, 216, 245, 246, 274, 275, 292, 293, 315, 334-336, 388, 431, 439, 445,
453, 482, 483, 484, 485, 494
Abu Bakr ibn 'Abbas 393
Abu Bakr ibn 'Abdu'r-Rahman 43, 47
Abu Bakr al-Hamidi 339-340 Abu Bakr ibn Hazm 4, 42, 72 Abu Bakr ibn
Shayba 168, 421 Abu Bilal Mirdas 319
Abu Fudayk 319
Abu Hamza al-Khariji 22
Abu Hanifa 23, 35, 52, 60, 67, 81, 83, 85, 86, 88, 84, 115-255, 258, 268, 269,
277, 279, 282, 288, 296, 301, 303, 304, 306, 338,
343, 388, 391, 419, 424, 431,
434, 437, 445, 446, 447, 449,
453, 460, 461, 463, 471, 479,
481, 486, 490
Abu Hasan az-Ziyadi 411
Abu Hisham al-Qawti 405
Abu'l-Hudhayl al-'Allaf 405 Abu Hurayra 2, 45, 48, 52, 95, 98 Abu Musa
22, 51, 52, 181, 296,
453
Abu Shayba 429
Abu Sufyan 109
Abu Talib al-Makki 348-349 Abu Talut al-Khariji 319

Abu Tayyiba 399
Abu Thawr al-Kalbi 340, 341,
381, 420, 456
Abu Ya'la 459, 466
Abu Yahya al-Hammani 172 Abu Yusuf 34, 85, 121, 122, 130,
137, 149, 162, 175, 187, 209,
221, 223, 228, 229, 230, 231-233,
234, 235, 236, 242, 246, 253,
282, 288, 303, 329, 338, 343,
384, 391, 392, 396, 404, 415,
435, 436, 472, 489
Abu'z-Zinad 8, 37, 47
Abu Zur'a 422
al-Aburri 386
'adat 87, 109-110
Ahmad ibn Abi Du'ad 405, 410,
412, 413
Ahmad ibn Hanbal 32, 97, 264,
269, 271, 327, 337, 340, 381-497 Ahmad ibn Muhammad (see alAthram)
Ahmad ibn Sa'id 420
'A'isha 2, 9, 43, 46, 47, 48, 52, 53,
67, 95, 388, 363, 392
'Ajradites 320
'Ajradites 320
146, 211, 213-214, 262-253, 289, 335, 433, 434
'Ali 23-24, 25, 33, 43, 54, 55, 62, 63, 64, 67, 122, 127-128, 134, 142, 144,
145, 165, 167, 171, 177, 191, 192, 193, 195, 197,202, 211, 212, 213, 214,
216, 245, 246, 259, 262, 274, 275, 288, 293, 314-315, 316, 320, 321, 334-
336, 338, 353, 397, 431, 439, 440, 453, 470, 482
'Ali ibn al-Madini 420, 421
'Ali ibn Abi Muqatil 410
'Alqama ibn Qays 167, 186, 301, 302
al-Amin 266,267, 290, 403, 433, 452
al-A'mash 279
'Amr ibn al-'As 453
'Amr ibn Dinar 396, 428
'amm 243, 280, 362-363
analogy 266, 272, 296, 297, 302, 303, 304, 306, 346, 258, 259, 374-375

Anas ibn Malik 165, 148
Asad ibn al-Furat 85-86
Asadiyya 85, 86
Asbagh 104
al-Ash'ari 167, 204, 215
Ash'arite 215
Ashhab 20, 60, 84-85, 347
'Asim 128, 132
'Asim al-Ahwal 162, 163
'Ata' ibn Abi Rabah 125, 166, 167, 168, 173, 212, 238, 279, 487
al-Athram 463, 464
'Atiyya ibn al-Aswad 319, 320 al-Awza'i 73, 120, 155, 165, 173, 233, 237,
269, 277, 281, 288, 338, 369, 468, 487, 489
Azraqites 398, 318, 319
Badr 2, 3, 453
Baghdad 264, 265, 266-267, 274,
289, 290, 291, 307, 312, 336-341,
344-346, 353, 355
balaghat 88
Banu 'Abd Manaf 258
Banu 'Abd Shams 254
Banu'l-Muttalib 348, 261
al-Baradhi'i 86
Basra 289, 291, 319, 397, 429,
437
Batiniyya 440
al-Bayhaqi 307, 342, 346, 353 al-Bazdawi 122, 131, 132, 133,
246
Bishr ibn al-Harith 423, 424 Bishr al-Marisi 287, 333, 405, 462 Bishr ibn al-
Walid 410-412
Bukhara 429
al-Bukhari 384
al-Buwayti 341-342, 343, 345,
346, 348-350, 353, 414
Camel, Battle of 213
consensus 266, 305, 306, 307-309,
338, 350, 352, 359, 365, 370-374,
375

ad-Dabusi 122
ad-Dahhak ibn Qays 161
Dahrites 5173
Da'ud ibn Abi Hind 139
Da'ud ibn 'Ali az-Zahiri 271 Da'ud ibn Rashid 154
ad-Dihlawi 156, 182, 186, 237, 298, 301
Disagreement with Malik 268, 306 adh-Dhahabi 400, 416, 425, 450 dhahir
91, 92, 101, 470, 472, 492,
495-496
Dhahirites 490, 492
dhara'i' 89, 94, 108
adh-Dhayyal 411
Egypt 266-271, 289, 290, 291, 293, 336-342, 344-347, 348-351, 353, 355,
357, 376
fatwas, of Companions 52, 77-79, 81, 87, 95-100, 103, 111, 159, 189, 227,
229-230, 232, 245, 247-248, 249
fatwasfatwas 101
Fihrist 288, 344
al-Fiqh al-Akbar 122, 215, 216, 219
fiqh ar-ra'y 9
firasa 35
Fityan 270
Fustat 267, 291, 343
Fudayl ibn 'Iyad 156
Fudayl ibn Yazid 162
Ghaylan ad-Dimishqi 58
al-Ghazali 383
Greek 128, 179, 185, 208, 283, 284, 285, 300, 311
hadd 149
al-Hadi 231, 289
Hafs ibn 'Abdu'r-Rahman 136 al-Hajjaj ibn Yusuf 178, 429 Hammad ibn
Abi Sulayman 132, 133, 159, 160, 164, 167, 168, 201, 238
Hammad ibn A'yan 214
Hammad ibn Hanifa 19, 67
Hammad ibn Yazid 398
Harb al-Harmani 460
Harb al-Kirmani 385, 463, 465 al-Harbi (see Ibrahim al-Harbi) Harmala ibn
Yahya 334, 341, 420 Harra 22

Harun ar-Rashid: see ar-Rashid. al-Hasan ibn 'Ali 202, 203, 213, 319, 439
al-Hasan al-Basri 125, 158, 189, 203, 241, 247, 304, 321, 418, 446
al-Hasan ibn Qahtaba 144-145, 212
al-Hasan ibn ar-Rabi' 19
Hasan ibn Ziyad 236, 391
Hassan ibn 'Atiyya 369
al-Haytham ibn Jamil 391
Hellenism 284
Hisham 138, 213, 439
Hudhayl 279
al-Hujja 344, 345
al-Husayn ibn 'Ali 177, 193, 194, 196, 213, 439
Hushaym ibn Bashir Hushaym ibn Bashir 429, 430, 431
Ibadites 298, 320
Ibn 'Abbas 24, 42, 47, 48, 52, 67,
95, 134, 141, 164, 165, 166, 167,
168, 237, 238, 278, 279, 280,
288, 378, 428, 451, 470, 482 Ibn 'Abdu'1-Barr 160, 236, 246, 340, 341, 342,
271, 341-342, 348-349
Ibn 'Abdu'l-Hakam 32, 73
Ibn 'Abdu Rabbih 125
Ibn 'Abidin 252
Ibn Abi'l-Hadid 178
Ibn Abi Layla 121, 125, 138, 139, Ibn Abi Layla 121, 125, 138, 139, 234,
234, 253, 282, 288, 338 Ibn Abi Zayd 86
Ibn al-Athir 147, 148
Ibn al-Bakka' 411
Ibn Dhu'ayb 214
Ibn al-Farra' 385
Ibn Habib 86
Ibn Hajar 119, 121, 229, 340, 341, 346, 350
Ibn Hanbal 97, 108, 208, 223 Ibn Hazm 363
Ibn Hiram 347
Ibn Hubayra 139-140, 164
Ibn Hurmuz 5, 6, 7, 8 12, 37 Ibn al-Jawzi 389, 398, 400, 401, 415, 416, 428,
445, 451, 467 Ibn al-Jazari 458, 459
Ibn Jurayj 157
Ibn Kathir 144, 276, 282, 494, 415 Ibn Khaldun 86, 127

Ibn Khallikan 179
Ibn Lahi'a 84
Ibn Mahdi 20
Ibn al-Mubarak (see 'Abdullah ibn al-Mubarak)
)
46, 47, 79, 80, 100
Ibn an-Nadim 215, 231, 282, 288, 344, 345, 351
Ibn al-Qasim 10, 15, 16, 19, 32, 58, 65, 68, 83-84, 85, 86, 103 Ibn al-Qayyim
42, 45, 97, 188, 291, 303, 306, 376, 414, 467, 469, 470, 471, 472, 474, 475,
476, 483, 484, 487, 488, 489, 491, 492, 493
Ibn Qudama 490
Ibn Qutayba 94, 383, 449,
450,455, 461
Ibn Rahawayh 340
Ibn ar-Rawandi 328-329
Ibn Rushd 93
Ibn Shibrama 121, 139, 147, 148, 160, 253
Ibn Shihab az-Zuhri 2, 5, 6, 7, 8, 11, 12, 34, 37, 41, 44, 45, 46, 50, 78, 100,
258, 292, 293, 481 Ibn Sirin 125, 189, 241, 247 Ibn Surayj 341
Ibn Taymiyya 475
Ibn 'Ulayya 398
Ibn 'Umar 166, 168, 186, 194, 279, 288, 302, 363
Ibn 'Uyayna (see Sufyan)
Ibn Wahb 32, 34, 25, 62, 67, 83,
84, 85, 342
Ibn az-Zubayr 194, 187, 188, 316, 318
Ibrahim ibn 'Abdullah 143-144, 146, 213-214
Ibrahim al-Harbi 422, 431, 463, 466
Ibrahim ibn Muhammad al' Abbasi 340
Ibrahim an-Nakha'i 67, 126, 167,
168, 186, 189, 237, 238, 241,
247, 481, 186
'idda 78, 80-81
ijma' 89, 92, 95, 100, 109, 110 'Ikrima 166, 168
ijtihad 384, 386, 387, 426, 438, 483, 484, 486, 487, 497
I'lam al-Muwaqqi'in 291, 305, 306, 376, 384, 469, 471, 484, 493
Imami 192, 195, 196
'Imran ibn Husayn 181, 293, 297, 370

Inquisition 394-395, 422, 448, 462 'Isa ibn Musa 146, 165
Ishaq ibn Ibrahim 405, 406, 408, 409-411, 427, 471
Ishaq ibn Rahawayh 396, 416, 422, 430, 456
Isma'il 440
Isma'il ibn 'Ulayya (see Ibn 'Ulayya)
Isma'ilites 165, 169, 196, 287, 315
istihsan 53, 90, 94, 103-105, 110,
172, 173, 188, 230, 231, 246,
249, 250-251, 252, 303, 304, 371, 375, 376, 431, 487, 472, 491-492, 497
istishab 90
'Iyad, Qadi 283
Jabariyya 55, 58, 201-202, 323, 437, 441
Jabir al-Ju'fi 171-172
Ja'd ibn Dirham 222, 494
Ja'far as-Sadiq 37, 134, 160, 170, 196
Ja'far ibn ar-Rabi' 156
Ja'far ibn Sulayman 25-26
al-Jahiz 328, 330
al-Jahiz 328, 330
217, 222, 371, 449
Jahmiyya 55, 56, 178, 205, 222, 325, 397, 398, 425, 437, 439, 441, 444, 449
Jarir ibn 'Abdu'1-Hamid 393, 394 Jerusalem 333
Jima' al-'Ilm 357, 365
al-Jubba'i 206, 325
kal a m 130, 132, 160, 214-223, 276, 287, 289, 327, 329-330, 331-334, 403,
404, 425, 435,437, 443, 450, 451
al-Kamil 317
al-Karabisi 338, 340, 344
al-Karkhi 122, 251
Kathir ibn Farqad 292
Kaysaniyya 61, 134, 164, 171, 193, 194, 439
Khalid ibn 'Abdullah 222
Khalid al-Qasri 404
al-Khalil ibn Ahmad 288, 357 Kharija ibn Zayd 43, 49
Khalid ibn Yazid 179
al-Khallal, Abu Bakr 384, 392, 463, 464, 465, 466-467, 471 463, 464, 465,
466-467, 471 621, 64, 71, 128, 131, 147, 161,
183, 196, 199, 200, 202, 207,

218, 220, 276, 298, 316-320, 325,
397, 398, 433, 439, 440, 441,
445, 446
khass 243, 280, 362-363
al-Khatib 146, 149, 340
al-Khayyat 203, 321
Khurasan 382, 389, 402, 434, 460, 464
Kitab al-Athar 228-229, 232, 237 Kitab al-Kharaj 232
Kitab al-Umm (see al-Umm) Kufa 288, 289, 291, 298, 397, 398, 404, 429
al-Layth 13, 37-40, 41, 54, 83, 84, 96, 101, 277, 281, 282, 291-295, 306, 437
al-Mabsut 235, 340, 344, 345, 346 351, 436
Madina 260, 264, 265, 267, 268, Madina 260, 264, 265, 267, 268, 308, 336,
344, 373
Magians 285, 329
al-Mahdi 28, 72, 231, 285, 289,
325, 403, 433
Makka 259, 260, 261-264, 265,
267, 277, 278-281, 290, 298-399,
302, 303, 306-307, 312, 336-340,
344, 377, 378, 383, 396, 417,
429, 430, 437
al-Makki 148, 151, 163, 170, 212, 213, 216, 218, 228, 241, 248 Malik ibn
Anas 1-111, 144, 155, 157, 165, 171, 173, 181, 186, 209, 214, 219, 230, 234,
247, 249, 251, 256, 260, 261, 267, 268, 269, 271, 273, 275, 277, 278, 280,
281, 282, 290, 291, 295, 296, 301, 302, 303, 305, 306-308, 329, 336, 342,
344, 349, 373, 377, 384, 388, 397, 398, 414, 418, 421, 425, 434, 435, 436,
437, 438, 445, 452, 453, 456, 460, 461, 469-470, 471, 479, 481, 484, 486,
487, 490, 495
Malih ibn Waki' 157
al-Ma'mun 207, 208, 266, 267, 276, 285-286, 289-290, 326, 382-383, 403,
404-413, 419, 433, 434-435, 443, 450, 452 al-Mansur 16, 21, 25-27, 65, 72,
123, 140, 141, 142-155, 161, 165, 170, 171, 178, 213, 214, 245, 285, 403,
418
al-Maqdisi 383
Marw 388
al-Marwazi 341, 385, 457, 464, 465, 466
masalih mursala 31, 87, 89, 94, 105-107, 110, 188, 303, 469, 472, 492-495,
497