الحمد للہ وحدہ، والصلوٰۃ والسلام علی من لا نبی بعدہ۔
All praise is for Allah alone, and peace and blessings be upon the one after whom there is no Prophet.
✦ Introduction
This research article is being written to clarify a highly important academic issue. Some individuals from the Hanafi and Deobandi circles allege that Caliph Abu Yusuf Ya‘qub ibn Yusuf al-Marrakushi (d. 595 AH) was a follower (muqallid) of Zahiri Fiqh, or that he enforced Zahiri jurisprudence in his kingdom.
❀ Our objective is to academically analyze this allegation in the light of historical evidence.
❀ We shall demonstrate that Caliph Abu Yusuf was, in reality, a rejecter of blind imitation (taqlid) and a proponent of enforcing the Qur’an and Sunnah.
❀ During his era, subsidiary juristic branches were abandoned, scholars of Ahl al-Hadith were gathered, and rulings were derived based upon the books of Sihah and Sunan.
❀ It will become clear that some historians misunderstood mere agreement in deduction (istinbat) as taqlid, whereas the reality is contrary to this assumption.
✦ Testimony of Ibn Khallikan
The renowned historian Ibn Khallikan (d. 681 AH), while describing the qualities and methodology of Caliph Abu Yusuf Ya‘qub al-Marrakushi, wrote:
Arabic Text
«وكان ملكاً جواداً عادلاً متمسكاً بالشرع المطهر، يأمر بالمعروف وينهى عن المنكر كما ينبغي من غير محاباة ويصلي بالناس الصلوات الخمس، ويلبس الصوف، ويقف للمرأة وللضعيف ويأخذ لهم بالحق. وأوصى أن يدفن على قارعة الطريق ليترحم عليه من يمر به»
Translation
He was a generous and just king, firmly adhering to the purified Shari‘ah. He enjoined good and forbade evil without favoritism. He led the people in the five daily prayers, wore woolen garments, would stand for women and the weak, and secured their rights. He instructed that he be buried by the roadside so that passersby might supplicate for him.
✦ His Juristic Methodology
Ibn Khallikan further writes:
Arabic Text
«وأمر برفض فروع الفقه، وأن العلماء لا يفتون إلا بالكتاب العزيز والسنة النبوية، ولا يقلدون أحداً من الأئمة المجتهدين المتقدمين، بل تكون أحكامهم بما يؤدي إليه اجتهادهم من استنباطهم القضايا من الكتاب والحديث والإجماع والقياس»
Translation
He ordered that subsidiary juristic branches be abandoned, and that scholars should issue verdicts only in light of the Noble Qur’an and the Prophetic Sunnah. They were not to imitate any of the earlier Mujtahid Imams; rather, their rulings were to be based upon what their own ijtihad led them to derive from the Qur’an, Hadith, consensus (ijma‘), and analogy (qiyas).
✦ Conclusion from This Text
These texts make clear what Caliph Abu Yusuf’s methodology was:
① Negation of Taqlid: «ولا يقلدون أحداً من الأئمة»
② Foundation upon Qur’an and Sunnah: «لا يفتون إلا بالكتاب العزيز والسنة النبوية»
③ Encouragement of Ijtihad: «تكون أحكامهم بما يؤدي إليه اجتهادهم»
❀ Had he been a follower of Zahiri Fiqh, he would have enforced the books or principles of Dawud al-Zahiri — yet no such evidence exists.
❀ The reality is that he abandoned taqlid and promoted ijtihad and deduction — which is the pure methodology of Ahl al-Hadith.
✦ Testimony of ‘Abd al-Wahid al-Marrakushi
The second major testimony regarding the methodology of Caliph Abu Yusuf was given by the renowned historian ‘Abd al-Wahid ibn ‘Ali al-Marrakushi (d. 647 AH). He writes in his well-known book al-Mu‘jib fi Talkhis Akhbar al-Maghrib:
Arabic Text
«وتقدم إلى الناس في ترك الاشتغال بعلم الرأي والخوض في شيء منه، وأمر جماعة ممن كان عنده من العلماء المحدثين بجمع أحاديث من المصنفات العشرة: الصحيحين، والترمذي، والموطأ، وسنن أبي داود، وسنن النسائي، وسنن البزار، ومسند ابن أبي شيبة، وسنن الدارقطني، وسنن البيهقي في الصلاة وما يتعلق بها»
Translation
He instructed the people to abandon engagement in speculative juristic opinion (ra’y) and not to delve into it in any respect. He commanded a group of hadith scholars in his presence to compile hadiths related to prayer and its rulings from the following ten works:
① Sahih al-Bukhari
② Sahih Muslim
③ Jami‘ al-Tirmidhi
④ al-Muwatta’ of Imam Malik
⑤ Sunan Abi Dawud
⑥ Sunan al-Nasa’i
⑦ Sunan al-Bazzar
⑧ Musnad Ibn Abi Shaybah
⑨ Sunan al-Daraqutni
⑩ Sunan al-Bayhaqi
✦ Important Point
The following points are established by this explicit testimony of ‘Abd al-Wahid al-Marrakushi:
❀ Caliph Abu Yusuf ordered the abandonment of speculative opinion (‘ilm al-ra’y) and juristic opinions.
❀ He gathered Ahl al-Hadith scholars in his kingdom so that they would derive rulings solely from the books of hadith.
❀ He regarded the Sihah and Sunan as the primary source for rulings.
✦ Conclusion
Here too, nowhere is it mentioned that Caliph Abu Yusuf was a follower (muqallid) of Zahiri Fiqh. Had he truly been a Zahiri, then:
✿ He would have made the books of Dawud al-Zahiri, Ibn Hazm and others the foundation.
✿ He would not have gathered Ahl al-Hadith scholars and confined himself to the books of hadith alone.
Therefore this testimony too clearly shows that Caliph Abu Yusuf’s methodology was solely the Ahl al-Hadith methodology based on the Qur’an and Sunnah, not Zahiri taqlid.
✦ Testimony of Hafiz al-Dhahabi
The eminent Imam among the historians, Hafiz Shams al-Din al-Dhahabi (d. 748 AH), has also clearly described the methodology of Caliph Abu Yusuf. In his book Tarikh al-Islam he narrates the incident of Abu Bakr ibn al-Jadd al-Maliki (d. 586 AH):
Arabic Text
«دَخَلْتُ عَلَى أَمِيرِ الْمُؤْمِنِينَ يُوسُف، فَوَجَدْتُ بَيْنَ يَدَيْهِ كِتَاب ابْن يُونُسَ، فَقَالَ: أَنَا أَنظُرُ فِي هذِهِ الْآرَاءِ الَّتِي أُحْدِثَتْ فِي الدِّينِ، أَرَأَيْتَ الْمَسْأَلَةَ فِيهَا أَقْوَالٌ، فَفِي أَيِّهَا الْحَقُّ؟ وَأَيُّهَا يَجِبُ أَنْ يَأْخُذَ بِهِ الْمُقَلِّدُ؟
فَافْتَتَحْتُ أُبَيِّنُ لَهُ، فَقَطَعَ كَلاَمِي، وَقَالَ: لَيْسَ إِلَّا هَذَا، وَأَشَارَ إِلَى الْمُصْحَفِ، أَوْ هَذَا، وَأَشَارَ إِلَى (سُنَن أَبِي دَاوُدَ)، أَوْ هَذَا، وَأَشَارَ إِلَى السَّيْفِ»
Translation
Abu Bakr ibn al-Jadd says: I entered upon the Commander of the Faithful Yusuf and found the book of Ibn Yunus lying before him. He said: “I am looking into these opinions that have been newly introduced into the religion. In one issue there are several opinions — which of them is the truth? And which of them should the muqallid follow?”
I began to explain, but he cut my speech short and said: “There is nothing except this” (he pointed to the Qur’an), “or this” (he pointed to Sunan Abi Dawud), “or this” (he pointed to the sword).
✦ Points Derived
❀ Caliph Abu Yusuf declared the jurists’ multitude of opinions to be an innovation introduced into the religion.
❀ He made clear that the truth lies only:
① in the Noble Qur’an;
② in the Sunnah of the Messenger ﷺ (the books of hadith) — he mentioned Sunan Abi Dawud in particular as an example;
③ and if people turn away from it, the Shari‘ah will be enforced through executive power (the sword).
✦ Conclusion
This testimony too is completely explicit that Caliph Abu Yusuf neither stopped at Maliki Fiqh nor adopted Zahiri Fiqh; rather:
✿ He took the Qur’an and Hadith directly as the source.
✿ He presented books of hadith such as Sunan Abi Dawud as a practical reference.
✿ He declared taqlid of opinions to be false and contrary to the Shari‘ah.
Hence the allegation that Caliph Abu Yusuf was “a muqallid of Zahiri Fiqh” is merely a historical fallacy, far removed from reality.
✦ Testimony of Salah al-Din al-Safadi
The important historian Salah al-Din Khalil ibn Aybak al-Safadi (d. 764 AH), while mentioning Caliph Abu Yusuf Ya‘qub al-Marrakushi, has written in detail about his orders and conduct. He states in his book al-Wafi bi al-Wafayat:
Arabic Text
«83 – الْمَنْصُور المراكشي يَعْقُوب بن يُوسُف بن عبد الْمُؤمن بن عَليّ الملقب بالمنصور أَمِير الْمُؤمنِينَ … وَكَانَ قد أَمر أَن لَا يُفْتى بِفُرُوع الْفِقْه، وَأَن لَا يُفْتى إِلَّا بِالْكتاب وَالسُّنَّة، وَأَن تجتهد الْفُقَهَاء على طَريقَة أهل الظَّاهِر»
Translation
The Commander of the Faithful Ya‘qub ibn Yusuf al-Marrakushi, titled al-Mansur … He ordered that no verdicts be issued on subsidiary juristic branches, that verdicts be issued only on the basis of the Qur’an and Sunnah, and that the jurists perform ijtihad in deduction upon the method of Ahl al-Zahir.
✦ Clarification
❀ Here “ijtihad upon the method of Ahl al-Zahir” is mentioned, but what is meant by it is not taqlid of Ahl al-Zahir; rather, it is only agreement in deduction.
❀ Had taqlid been intended, the books or fatwas of Dawud al-Zahiri would have been enforced, whereas there is no such evidence.
❀ Rather, these words explicitly show that the real aim was to make the Qur’an and Sunnah the foundation and to urge the jurists towards ijtihad.
✦ Other Rulings (as Narrated by al-Safadi)
Salah al-Din al-Safadi has also mentioned some practical orders of Caliph Abu Yusuf:
① Recitation of Bismillah Aloud
«وأمر بِقِرَاءَة الْبَسْمَلَة فِي أول الْفَاتِحَة فِي الصَّلَوَات»
Translation: He ordered that Bismillah be recited aloud at the beginning of al-Fatihah in prayer.
② Punishment for Drinking Alcohol
«وَقَتَلَ فِي بعض الأحيان على شُرْب الْخَمْر»
Translation: At times, he executed those who drank alcohol.
✦ Important Point
❀ Both of these orders are further witnesses that Caliph Abu Yusuf was not a muqallid of Zahiri Fiqh, because:
✿ In Zahiri Fiqh, reciting Bismillah aloud is not required; rather, it is mostly the madhhab of the Shafi‘is.
✿ The death penalty for drinking alcohol is not the position of Ibn Hazm and the Zahiris; rather, their madhhab is a punishment of 40 lashes.
Thus all these texts clearly show that Caliph Abu Yusuf’s methodology was direct practice upon the Qur’an and Sunnah and the negation of taqlid, not following Zahiri Fiqh.
✦ Testimony of Hafiz Ibn Hazm and Comparison
Abu Muhammad Hafiz Ibn Hazm al-Andalusi (d. 456 AH) is regarded as the greatest standard-bearer of Zahiri Fiqh. Had Caliph Abu Yusuf truly been a muqallid of Zahiri Fiqh, his fatwas would have matched the views of Ibn Hazm or the Zahiris exactly. But the historical texts show the opposite:
① Bismillah Issue
Statement of Ibn Hazm:
«مَنْ عَدَّ بِسْمِ اللَّهِ الرَّحْمَنِ الرَّحِيمِ آيَةً مِنْ الْقُرْآنِ لَمْ تُجْزِهِ الصَّلَاةُ إِلَّا بِالْبَسْمَلَةِ، وَمَنْ كَانَ يَقْرَأُ بِرِوَايَةِ مَنْ لَا يَعُدُّهَا آيَةً … فَهُوَ مُخَيَّرٌ أَنْ يُبَسْمِلَ، أَوْ أَنْ لَا يُبَسْمِلَ»
Translation: The reciter who counts Bismillah as a verse of the Qur’an — his prayer is not valid without Bismillah. And whoever does not accept it as a verse has the choice to recite Bismillah or not.
❀ Caliph Abu Yusuf made reciting Bismillah aloud obligatory, which is the position of Imam al-Shafi‘i, not of the Zahiris.
② Punishment for Alcohol
Statement of Ibn Hazm:
«أَنَّ الْقَوْلَ بِجِلْدِ أَرْبَعِينَ فِي الْخَمْرِ هُوَ قَوْلُ أَبِي بَكْرٍ وَعُمَرَ وَعُثْمَانَ وَعَلِيٍّ … وَبِهِ نَقُولُ»
Translation: The punishment for drinking alcohol is forty lashes. This is the position of Abu Bakr, ‘Umar, ‘Uthman, ‘Ali and other Companions (may Allah be pleased with them), and we also hold this view.
❀ But Caliph Abu Yusuf at times had drinkers of alcohol executed, which is against the madhhab of Ibn Hazm.
✦ Final Summary
From all the above historical texts and comparative testimonies, the following points have become as clear as daylight:
① Caliph Abu Yusuf Ya‘qub al-Marrakushi rejected taqlid and ordered verdicts based solely on the Qur’an and Sunnah.
② He abandoned speculative juristic branches and gathered Ahl al-Hadith scholars to derive rulings from the Sihah and Sunan.
③ His practical orders (reciting Bismillah aloud, executing drinkers of alcohol, etc.) were completely different from the views of Zahiri Fiqh.
④ Therefore, the claim that he was a follower of Zahiri Fiqh is entirely baseless and historically inaccurate.
The reality is that he was a Caliph upon the methodology of Ahl al-Hadith, who established the Qur’an and Sunnah as the sole criterion in his dominion.
