Abū Yūsuf

This article covers the co-founder of the Hanafi school of law in Sunni Islam; for the Moroccan Merinid Sultan, see Abu Yusuf Yaqub .

Abū Yūsuf Yaʿqūb ibn Ibrāhīm ibn Habīb al-Kūfī Arabic أبو يوسف يعقوب بن إبراهيم بن حبيب الكوفي, DMG Abū Yūsuf Yaʿqūb ibn Ibrāhīm ibn Ḥabīb al-Kūfī (* 729 or 731 ; † 798 ) was a student of Abū Hanīfa and co-founder of the Hanafi school of law in Sunni Islam . The development and consolidation of the so-called “Iraqi School of Law” with the Kufa Center is due to his work.

Life

Abū Yūsuf studied with Mālik ibn Anas in Medina and other scholars Fiqh and traditional studies ( Hadith ). In Baghdad, he was under the Abbasids - Caliph Harun al-Rashid Qadi . Probably al-Mahdi  - according to other reports, Hārūn ar-Rashīd - appointed him the first chief qādī in Baghdad . Ahmad ibn Hanbal , founder of the Hanbali school of law, was initially a student of Abu Yusuf.

Works

• Kitāb al-Ḫarāǧ كتاب الخراج / 'The book on property tax', which, in addition to property and land tax, also deals with criminal law issues, was written by Abu Yusuf at the request of the caliph Hārūn ar-Raschīd and provided it with a longer introduction addressed to the caliph. The book was translated in 1921 by the French orientalist Edmond Fagnan .
• Kitāb al-Ḥiyal كتاب الحيل / 'The book about legal twists ' is not preserved in the original, but in excerpts from the work of the same name by his student asch-Shaibānī .
• Adab al-qāḍī أدب القاضي /, Behavior rule of the judges' is in a relatively late copy in the National Library of Tunis received, but not yet published.
• Kitāb ar-Radd ʿalā Siyar al-Auzāʿī كتاب الرد على سير الأوزاعي / 'The refutation of the martial law of al-Auzāʿī' has been included by al-Shāfiʿī in his monumental K. al-Umm ; the orientalist Joseph Schacht evaluated this work in his legal historical research. Abu Yusuf argues from the Hanafi's point of view against the legal conception of the Syrian scholar al-Auzāʿī , who was the first in Islamic legal history to summarize martial law ( siyar ) in writing and is therefore considered the founder of Islamic international law.
• Kitāb al-Āṯār , collection of Kufic traditions on various ritual and legal issues, which is preserved in the tradition of Abū Yūsuf's son Abū Muhammad Yūsuf ibn Yaʿqūb. Much of the tradition is traced back to various earlier Kufic authorities via Abū Hanīfa. The chain of narrators Abū Hanīfa -> Hammād ibn Abī Sulaimān (d. 737) -> Ibrāhīm an-Nachaʿī (d. 715) appears particularly frequently. The work, which is also known under the title Musnad Abī Ḥanīfa or Musnad Abī Yūsuf , was edited in 1355/1936 by Abū l-Wafā al-Afghānī.

In these writings, some of which have been commented on several times by representatives of the Hanafis, the traditional hadith material is more central than in the legal thought of his teacher Abū Hanīfa.

Positions

Abū Yūsuf attached greater importance to the hadiths and the traditions of the companions of the Prophets ( sahāba ) than to the conclusion by analogy ( qiyās ) or the consensus of scholars ( idschmāʿ ). In his finding of law he followed the Ra'y , his own opinionio, and thus stood in the Hanafi legal tradition throughout his work.

literature

• Joseph Schacht : The Origins of Muhammadan jurisprudence . Oxford 1950.
• Fuat Sezgin : History of Arabic Literature. Vol. 1. Quranic studies, hadit, history, fiqh, dogmatics, mysticism . Brill, Leiden 1967. pp. 419-421.

supporting documents

1. ↑ See the digitized version at archive.org.