Jhangvi Sahib, preferring the Hanafi jurisprudence and the imitation of Imam Abu Hanifa over other Imams, states that this is because the Imam’s jurisprudence is consultative. The Imam had formed a council of scholars, and whenever an issue arose, it was presented to this council. Whatever decision the council made and agreed upon was documented. Unlike other Imams, their jurisprudence is non-consultative; each one wrote individually.
Answer: Firstly, Jhangvi Sahib did not specify how many members this council consisted of, who the jurists included were, what their scholarly qualifications were, or when and where this council was formed. It was his moral duty to clarify all these matters and provide authentic references. However, all these claims were nothing but a bundle of lies and baseless assertions. Therefore, Jhangvi Sahib merely wrote it down and considered it sufficient.
Secondly: From the scholars of Deoband, the story of this Majlis Shura is written in Anwar al-Bari. Now observe the condition of these members in order.
◈… Asad bin Umar al-Kufi, died 190 AH
He is a member of this Majlis Shura as mentioned in Anwar al-Bari, p. 186 vol. 1. Imam Bukhari says that Asad is weak according to Muhammad Thain.
❀ Imam Jawzjani says that Allah has distanced Himself from him.
❀ Imam Ibn Hibban says that he used to fabricate hadiths in accordance with the school of Imam Abu Hanifa.
◈… Huban bin Ali Anzi, died 172 AH
He is also called a member of the Majlis Shura. Anwar al-Bari p. 164 vol. 1. He was inclined towards Shi’ism. The Muhaddithin have declared him weak and abandoned.
◈… Hasan bin Ziyad al-Lawli, died 204 AH, is also considered a member of the Shura.
Regarding him, Imam Ibn Madini says that his hadith should not be recorded. Abu Hatim says he is not trustworthy. Dar Qutni calls him abandoned. Imam Ibn Mu’in, Imam Ya’qub, Imam ‘Aqili, and Saji say he is a liar.
❀ Imam Nasai says he is wicked and a liar.
◈… Hafs bin Abdul Rahman Balkhi, born 119 AH, died 199 AH, was also a member of the Shura.
His detailed circumstances are not known. How could a person born in Balkh, a distant region from Kufa, in 109 AH, have come to Kufa and attained knowledge to become a member of the Shura?
◈… Imam Hafs bin Ghiyas, a well-known judge, hadith scholar, and jurist, is also said to be a member of the Majlis Shura.
However, he was definitely not Hanafi; rather, it is authentically proven with a sound chain that he had a gathering with Imam Abu Hanifa. In one issue, he would give ten different fatwas. We could not know which fatwa to follow among them, and he himself would also refer back to them. In one gathering, it happened that he gave five fatwas in the same session. When I saw his condition and state, I abandoned him and turned towards hadith.
◈… Abu Mati’ Hukm bin Abdullah, born 115 AH, died 199 AH, is also said to be a member of the Majlis Shura.
❀ Imam Ibn Hibban states that he was the leader of the Murji’ah and held enmity towards the Muhaddithin. Imam Abu Hatim says he was a liar and a Murji’i. Imam Juzjani says he was an enemy of the Sunnah and fabricated hadiths. Al-Dhahabi says he was very weak and a liar. He fabricated hadiths.
◈… Hamad bin Dalil, the judge of Madain, is also said to have been a member of the Shura council.
He was a student of the Imam Sahib in fiqh. Al-Dhahabi called him trustworthy.
But apart from Abu Dawood, no hadith is narrated from him in any famous book.
❀ Imam Ahmad bin Hanbal says he was from the people of opinion (Ahl al-Ra’y). He was not from the people of hadith. I have only heard two hadiths from him.
Hafiz Ibn Hajar says he is truthful. Due to being from Ahl al-Ra’y, he was disliked.
It is not known when he was born and when he turned towards seeking knowledge, nor at what age he became a member of the Shura Council.
◈… Hamad ibn Abi Hanifa, died 176 AH, is also a member of the Shura.
❀ Imam Ibn Khalkan states that he followed the religion of his father. He was a pious and better man.
Aburaja says that I narrated a tradition of Hamad from Imam Jarir, then Imam Jariya said that Hamad lied. Tell him what relation do you have with Hadith, you are merely a quarrelsome person.
Zahabi says that Ibn Adi and other Muhaddithin called Hamad weak due to his weak memory.
❀ Imam Shareek states that Hamad is Afak, meaning a fabricator of lies.
◈… Khalid ibn Sulaiman Balkhi, born 115 AH, died 199 AH, is also said to be a member of the Shura Council.
Their conditions could not be found in the well-known books of Rijal. Some facts about them have been stated by Maulana Muhammad Rais Nadwi
, the essence of which is that Hadith was predominant over Khalid; he had no standing as a jurist. Imam Ibn Ma’in declared him weak. Ibn Adi states that his hadiths resemble fabricated and forged narrations.
◈… Imam Dawood bin Naseer Tai, died 160 AH, is also mentioned as a member of the Shura council.
He was a well-known Muhaddith. However, he had severed ties with Imam Abu Hanifa during his lifetime and had discarded his books after full insight.
Qasim bin Ma’n asked Imam Dawood Tai why he left the company and gathering of his teacher who taught him knowledge? Imam Dawood Tai replied that I found the hearts of that person and his companions heedless, and I found the Sunnah of the Prophet dead among them. I found hidden worldly desires instead of seeking God in their intentions and purposes. I found a preferential taste for worldly desires among them, etc. Therefore, I left their gathering and companionship and found safety in seclusion and isolation, and devoted myself to worship.
◈… Imam Zafar bin Hudhail, born 110 AH, died 158 AH, is also mentioned as a member of the Shura council.
He was a student of Imam Abu Hanifa and an expert in Qiyas (analogical reasoning).
❀ Imam Abu Hanifa used to say that do not follow Zafar’s Qiyas. Otherwise, you will end up making halal (permissible) things haram (forbidden) and haram things halal.
Their reliability is disputed. Imam Ibn Ma’in has called him trustworthy.
Imam Thawri used to forbid narrating from him.
Ibn Sa’d says that there is nothing in the hadith from him.
In any case, the mentioned person is a trustworthy narrator.
◈… Imam Zuhair bin Muawiyah, born 100 AH, died 172 AH, is also said to be a member of the Shura council.
Although he was inclined towards the school of the Muhaddithin. He had great affection for Imam Sufyan Thawri. The people of Iraq used to say during Sufyan Thawri’s lifetime that when Sufyan Thawri passes away, Zuhair will be his successor.
❀ The doctrinal and jurisprudential differences between Imam Sufyan al-Thawri and Imam Abu Hanifa, and then Imam al-Thawri’s opposing stance towards Imam Abu Hanifa, is clear evidence that their paths were separate. Even if Zuhair had been a member of the Shura council, the people of Iraq would never have considered him as Imam al-Thawri’s successor. Rather, the truth is that he is counted among the muhaddithin and the companions of the Sunnah, not among the people of opinion (ahl al-ra’y), as Imam Ibn Uyaynah and Abu Hatim have explicitly stated.
In short, calling them a member of the Shura council is pure falsehood and a sixteen-anna (complete) misrepresentation.
◈ Shareek bin Abdullah Al-Qazi, born in 95 AH and died in 177 AH, is also mentioned as a member of the Shura Council.
Undoubtedly, Shareek was a learned man and a judge, characterized by justice and fairness. He was a supporter of the Sunnah and an eradicator of innovation (bid’ah). He adhered to the methodology of the Muhaddithin (Hadith scholars). He was a strong opponent of the Murji’ah. He is a narrator of good status. However, calling him an active member of the Shura Council is incorrect. He was a strong opponent of Hufayt. He used to say, “In every neighborhood of Kufa, I can tolerate the selling of wine, but I cannot tolerate the presence of any Hanafi there.”
Abu Hanifa’s followers in Qom are even more harmful than thieves, and the religion of the Hanafis is to reject the Ahadith.
Yet, people still call them members of the Shura Council.
◈… Imam Shu’aib bin Ishaq Dimashqi, born 118 AH, died 189 AH, is also considered a member of the Majlis Shura.
He is a well-known hadith scholar and trustworthy, but in terms of belief, he was Murji’ah. He was born in the city of Damascus in Syria, which is very far from Kufa. When he grew up and when he came to Kufa and became a member of the Majlis Shura are all matters still hidden in the unseen.
This proves that the story of the Shura is just a tale.
◈… Abu Asim Dhahak bin Mukhlad, born 122 AH, died 212 AH. He is also made a member of the Majlis Shura.
He is a trustworthy narrator by consensus. He had close relations with Imam Sufyan al-Thawri. He was born in Makkah and studied under Imam Ibn Jurayj there. Then he went to Basra and remained there until his death.
It is not proven that he studied under Imam Abu Hanifa. This proves that calling him a member of the Shura is merely a copied excuse.
◈… Imam Afiyah bin Yazid died in 180 AH. He is also said to be a member of the Shura.
He is trustworthy in hadith, but when the Shura council was established in 120 AH, was he even born then? How old was he? After acquiring knowledge, when did he become a member? None of these matters are known to any Hanafi at all. This proves that this story of the Shura is entirely a fabrication.
◈… Imam Abdullah bin Idris was born in 120 AH and died in 192 AH. He is also considered a member of the Shura council.
However, Imam Abdullah was affiliated with the school of the Muhaddithin. He had no religious connection with Ahl al-Ra’y. Imam Ya’qub states that he was a worshipper and virtuous; most of his fatwas were based on the Madhhab of Ahl Madinah. He had a friendship with Imam Malik.
It is evident that the religion, beliefs, and rulings of the people of Medina were very different from those of Ahl al-Ra’y. In short, they were fed up with the Murji’ah sect that blindly followed the Sunnah and considered sleep as forbidden. It is authentically proven with a sound chain that they used to say that whoever thinks that faith does not increase or decrease is a liar.
Furthermore, they say:
الايمان يزيد وينقص
“Meaning, faith increases and decreases.”
From this, it is understood that they were not followers of the religion of hope (al-Raja’), but rather they called those who held hope liars. However, the author Anwar has included them in the Shura simply because they resided in Kufa, even though they were born in 120 AH.
And according to the author Anwar al-Bari, this Shura was formed in 120 AH. But how tragic it is that even someone born in the same year is being made a member.
◈… Imam Abdullah bin Mubarak, born in 119 AH and died in 181 AH, is also mentioned as a member of the Shura council.
Trustworthy, beloved, jurist, servant of the Quran, devotee of the Sunnah, a great benefactor of the entire deceased Ummah, he is among those venerable personalities whom the Ummah rightfully takes pride in. He holds the honor of Amir al-Mu’minin fi al-Hadith. He is an important narrator of the Sahih collections. Born in Iraq, he was a champion of the Sunnah. He strongly refuted the people of innovation. He had significant differences with Imam Abu Hanifa regarding beliefs and rulings. In fact, he called Imam Abu Hanifa a Murji’ite of the sect.
Once he narrated some ahadith. A man said that Imam Abu Hanifa opposes these ahadith. Hearing this, Imam Abdullah became angry and said, “I am narrating from the Messenger of Allah صلى الله عليه وسلم and the noble companions, and you present before me a person who considers the sword permissible against the Ummah of Muhammad.”
You say that I used to secretly attend the gatherings of Imam Abu Hanifa, and when my companions found out, they would blame me for it.
From this, it is understood that the circle to which Imam Abdullah was connected did not look favorably upon the jurisprudence of the Imam. Because the Imam’s gatherings were not based on hadiths and narrations but were merely based on analogy (qiyas). This was a fact that even Imam Ibn Mubarak realized. Referring to a fatwa of Imam Abu Hanifa, he says that it is better to commit robbery.
Imam Ibn Mubarak was in favor of reciting Surah Al-Fatiha behind the Imam.
Regarding the raising of hands (raf’ al-yadain), his debate with Imam Abu Hanifa is well known.
In any case, Imam Ibn Mubarak had abandoned Imam Abu Hanifa. The details of this are authentically established in Kitab al-Sunnah Volume 1 and Tarikh Baghdad Volume 13.
Moreover, he criticized Imam Abu Hanifa, saying that he was an orphan in the knowledge of Hadith. Qiyam al-Layl, p. 212. Yet, people still call him a member of the Shura council.
◈… Abdul Hamid bin Abdul Rahman, born 120 AH, died 202 AH, is also said to be a member of the Shura council.
As for his status, he is a truthful narrator. In terms of creed, he was Murji’ah.
According to Allama Dhahabi’s research, Abdul Hamid was born in Khwarazm in 120 AH
. Who did the person born in Khwarazm in 120 AH, far from Kufa, acquire knowledge from? And according to the committee’s rules and regulations, when did he become a member as a Muhaddith and Faqih? Whereas, according to the author of Anwar, this Shura was also established in 120 AH. This proves that the Shura did not exist at all; all this is nonsense and a result of ignorance of history and fabrication.
◈… Ali bin Zubyan died in 192 AH and is said to have been a member of this Shura.
It is possible that all this happened, but he is not counted among the Muhaddithin. Imam Ibn Ma’in says he is a liar and wicked. Imam Bukhari calls him a denier of Hadith. An-Nasa’i declares him abandoned. Abu Zur’ah calls him a fabricator of Hadith. Abu Hatim calls him abandoned, and Saji says he narrates rejected traditions.
◈… Imam Ali bin Musahir, born 119-120 AH, died 189 AH, is also considered a member of the Shura council.
He was a hadith scholar and a central narrator of the Sahih collections. But his being in the Shura is incomprehensible because he was born around 120 AH.
And the formation of this Shura is said to have taken place in the same year. So when did he die? How long did it take for him to become eligible for membership in the Shura? In short, this whole story of the Shura is completely false and fabricated.
◈… Imam Umar bin Maymun Balkhi, died 171 AH, is also considered a member of the Shura. He came to Baghdad and stayed in the service of Imam Azam.
Imam Ibn Ma’in authenticated him. His narration is found in Tirmidhi. Maulana Muhammad Rais Nadwi states that the construction of Baghdad started in 145 AH and was completed around 149 AH. The Imam spent the last fifteen days of his life in Baghdad. If there was any meeting between Umar and the Imam in Baghdad, it would have been after 145 AH, even if it was only for a few moments. At that time, Umar had arrived as a Sheikh of Hadith. There is no evidence of any meeting between him and the Imam before that, whether in Kufa or elsewhere.
Our Sheikh states that Imam Sahib was arrested on the charge of supporting the Alawis in 145 or 146 AH and was sent to jail, where he also passed away. Please tell us, when and where did Umar bin Maymun Balkhi study Hadith and Fiqh from Imam Sahib, and during which period did he become a member of this fictitious committee? The writing of Sahib Anwar himself has also exposed this mythical story; I have shattered it.
◈… Imam Fazl bin Musa Sinai, born in 115 AH, died in 192 AH. The author Anwar also mentioned him as a member of the Shura council.
He was a Sunni by creed. He was trustworthy and among the Imams of Hadith. Tahdhib p. 286 vol. 8 states that Jami was neither Mu’tazili nor Murji’i but a defender of the Sunnah. He had a council with the Imam, but they did not hold a good opinion of him. Rather, in their view, the Imam rejected the Prophetic Hadith with mockery and ridicule. It is narrated with a good chain from him that he said to Abu Hanifa: “I have some students who, if they urinate, it becomes two pots of water.” The meaning was to reject the Hadith of the Messenger of Allah ﷺ in which he ﷺ said that when water reaches two pots, it is not considered impure.
He was born in 115 AH in Khorasan.
A person born in Khorasan in 115 AH, far from Kufa, is said to have been a member of the Shura in Kufa in 120 AH, while he was only five years old by age. What would be the scholarly status of a council in which even a minor child is a member?
◈…Fudail bin Iyadh, born in 106 AH and died in 187 AH, is also said to have been a member of the Shura.
He is a well-known hadith narrator and trustworthy. In his early life, he was involved in robbery and was in love with a girl. Then Allah granted him the ability to repent, and he remained as a guardian of the Kaaba in Makkah.
Since the scholars of Hadith were in Makkah, and those who were jurists were also scholars of Hadith, there was no dominance or even suspicion of conjecture and opinion. This was also the influence on Imam Fudail. He was a strong opponent of the Murji’ah. He acted upon the Book and Sunnah and hated innovations. He said that for us, faith is related to entering and exiting. Confession by the tongue, acceptance by the heart, and action is called faith.
From this, it is clear that he opposed the Hanafis in beliefs. Yet some people make him a member of the Shura. Then his birth is said to be in 106 AH, and the early part of his life is seen as robbery. After repentance, when did he acquire knowledge and become a member of the Shura established in 120 AH? This proves that all these stories are fabricated and fictional. Especially since it is narrated from Hasan bin Uthman that Fudail bin Iyad used to criticize and censure Imam Abu Hanifa and his companions.
◈… Imam Qasim bin Ma’n, died 175 AH, is also called a member of the Shura.
He was a trustworthy jurist and hadith scholar but inclined towards the Murji’ah sect.
He was the grandson of Hazrat Abdullah bin Mas’ud (RA). However, there is no reliable report indicating that he was fully in agreement with Imam Abu Hanifa in jurisprudence and beliefs. At most, it is known that in the matter of Arja’ (postponement of judgment), his inclination was towards the Murji’ah. His fatwas are not found in Hanafi jurisprudence books to indicate that he was among its guardians. Furthermore, it is not known whether he was born at the time of the formation of the Shura or was still a student. Only by estimation and conjecture do some brothers call him a member of the Shura.
◈ Imam Malik bin Maghool, who passed away in 159 AH, is also referred to as a member of the Shura.
He is counted among the best worshippers and ascetics of Kufa. He is trustworthy and reliable in hadith. He is a central narrator of the Sahih collections. However, he was affiliated with Ahl al-Sunnah. He detested the Murji’ah sect. Scholars have described him as following the Sunnah and Jama’ah.
Also, Imam Abdul Rahman bin Mahdi, Sufyan al-Thawri, and Imam Malik praised him. This indicates that he was not a follower of the Hanafi school because these figures were displeased with Imam Abu Hanifa and the Hanafi madhhab.
Furthermore, Abu al-Abbas Ahmad bin Ali counted Imam Malik among those scholars who opposed and refuted the Imam.
All these facts prove that calling him a member of the Majlis Shura is a misrepresentation. Furthermore, the narrator Hasan bin Ziyad Lalawi, who the author Anwar uses to establish his connection with Imam Sahib, is a liar.
◈… Imam Muhammad bin Hasan Shaybani, born 135 AH, died 189 AH, is said to be a member of the Majlis Shura.
Imam Muhammad actively participated in the propagation and dissemination of Hanafi jurisprudence to such an extent that he was considered one of the three pillars of Hanafi fiqh. Many of his fatwas were accepted as authoritative in Hanafi jurisprudence.
Since Imam Muhammad was trained in the school of Abu Hanifa, although he also acquired knowledge from some renowned hadith scholars, the influence of Imam Sahib’s school was predominant on him. He was more inclined towards reasoning and opinions rather than hadith. Imam Ibn Saad states that he attended the gatherings of Abu Hanifa and learned knowledge from him, reflecting deeply on opinions, and his views prevailed to the extent that this became his identity.
❀ Imam Mazni states that in jurisprudential details, he surpassed all the Imams of the Hanafi school. (Also)
◈Rejection of Hadith:
Imam Ahmad bin Hanbal says that
أبويوسف مضعفا في الحديث واما محمد بن الحسن وشيخه كانا مخالفين للاثر
meaning Qadi Abu Yusuf was weak in hadith, and Imam Muhammad and his teacher opposed the influence (of hadith).
◈Madhhab:
Imam Muhammad, like his Sheikh, did not consider deeds to be part of faith. Nor did he believe in the increase or decrease of faith. In short, he was religiously Murji’ah. Qazi Sharik did not accept the testimony of the Murji’ah. Because of this, he refused to accept the testimony of Imam Muhammad and at one point said:
(انا اجيز شهادة من يقول الصلوة ليست من الايمان)
Meaning, how can I accept the testimony of a person who does not say that prayer is part of faith.
Imam Ibn Hibban has declared Imam Muhammad as Murji’ah in
and Saji has done so in
.
◈Theory of Taqlid:
Imam Muhammad differed from his Sheikh in about (80) percent of issues. The main reason for this is that he did not consider taqlid (imitation) permissible. He himself says:
لوجاز التقليد كان من مضى من قبل أبي حنيفة مثل الحسن البصري وابراهيم النخعى احدى أن يقلدوا
If following someone were permissible, then those who passed away before Abu Hanifa, such as Imam Hasan Basri, Ibrahim Shakshi, and others, would have been more deserving of being followed.
◈Criticism:
The hadith scholars have severely criticized him. Imam Yahya ibn Ma’in
and Ibn Hibban have called him a liar.
An-Nasa’i considered him weak.
Despite searching, we have not found any hadith scholar who unconditionally declared him trustworthy. Even if someone has mentioned a slight degree of moderation, the criticism against him cannot be dismissed. In any case, in our view, he was not a liar. However, due to poor memory, he is counted among the weak narrators. واللہ اعلم۔
◈Membership
Imam Muhammad was born in 135 AH. According to the author Anwar, fifteen years had passed since the establishment of the Shura council. When Imam Muhammad came into the life of literacy and awareness, Imam Abu Hanifa had already been imprisoned on the charge of supporting the Alawites. This proves that Imam Muhammad had very little connection with the Shura and Imam Abu Hanifa. Imam Ibn Hibban states that Imam Muhammad was a student of Imam Abu Hanifa for only a few days.
◈… Imam Makki bin Ibrahim Balkhi, born in 126 AH and died in 215 AH, is also said to have been a member of the Shura.
He was a venerable hadith scholar. Born in 126 AH.
At the age of seventeen, he inclined towards acquiring knowledge.
It means the Imam engaged in acquiring knowledge in 143 AH. Obviously, he must have first studied in the school of his homeland Balkh. Then, sometime after 143 AH, he must have turned towards the city of Kufa in Iraq. How could he have joined the school of Abu Hanifa, become a mujtahid and jurist, and become a member of the Shura Council in 120 AH? It is clear that all this is false.
◈… Mandal bin Ali, born in 103 AH and died in 168 AH, is also said to have been a member of the Shura Council.
He was a worshiper and ascetic. But he was weak in hadith.
In terms of creed, he was Murji’ah.
He had an inclination towards Shi’ism.
How could someone born in 103 AH have acquired knowledge and become a hadith scholar and jurist, and been selected as a member of the Shura Council formed in 120 AH? At present, the brothers have no answer to these matters.
◈… Nasr ibn Abdul Karim, died 169 AH, is also said to be a member of the Shura council.
The narrations of companionship with Imam Abu Hanifa are unreliable. The necessary details can be seen in
. Therefore, declaring a person as a member without clear evidence and information is merely an assumption.
◈… Qadi Nuha ibn Durraj, died 182 AH, is also said to be a member.
It is not known about his jurisprudence, but the great Imams of critics and hadith scholars have severely criticized him. Imam Ibn Ma’in says he is a liar and wicked.
❀ Imam Hakim states that he used to fabricate narrations by naming trustworthy narrators.
Allama Dhahabi called him a liar.
Ibn Hibban states that he narrates fabricated traditions by naming trustworthy narrators. Sometimes it appears that he does this deliberately to narrate many traditions.
Such a wicked and ill-intentioned person, the mischief he caused in the Shura will become evident.
◈… Abu Usamah Nuh ibn Abi Maryam is also said to be a member of the Shura.
Nuh ibn Abi Maryam held enmity towards Hanafi jurisprudence. He himself stated that he saw people engrossed in Abu Hanifa’s jurisprudence and turning away from the Quran, so he fabricated a hadith in favor of the Quran’s superiority.
The author did not find even the slightest word of authentication about him in the books of Rijal. All the Imams of Jarh and Ta’dil call him a liar, deceiver, and wicked. See
Such a deceiver and liar being a member of the Shura council is beyond description of his scholarly status.
◈… Imam Waki’ bin Jarrah, born 129 AH, died 198 AH, is also said to be a member of the Shura council.
He was trustworthy, steadfast, worshipper, ascetic, and counted among the great Muhaddithin. He is a central narrator of the Sahih Sitta. His creed was Ahl al-Sunnah. He was opposed to secrecy.
He severely criticized the people of opinion (Ahl al-Ra’y) in the chain of the Hadith of Sha’ar al-Badan and said: O people! Beware of Abu Hanifa’s opinion.
It is stated that to the best of my knowledge, Imam Abu Hanifa opposed two hundred hadiths.
He was a strong opponent of the Murji’ah. He believed in the increase and decrease of faith.
Imam Abu Hanifa did not have good opinion about Hasan. He was known among those who considered it permissible to wield the sword against the Murji’ah and the deceased Ummah.
He was born in 128 AH or 129 AH.
Whereas the Shura Council had been established eight or nine years before his birth, and by the time he pursued his studies, it would have completed its natural lifespan. It is proven that this entire story is fabricated.
◈… Qazi Hisham bin Yusuf died in 197 AH — he is also said to have been a member of the Shura Council.
He was a judge of Sana’a and a well-known hadith scholar. He is unanimously considered trustworthy. Apart from Muslim, hadiths have been narrated from him in other Sahih collections as well. His being Hanafi is not established. According to the research of Allama Dhahabi, he was born after 120 AH.
It is also not established that he came to Kufa during the lifetime of Imam Abu Hanifa. How could a person born in the year of the establishment of the Shura have acquired knowledge at such a young age, attained the rank of Ijtihad, and become a committee worker? Moreover, his youth was spent in his native land Yemen. In Tahzib, vol. 11, p. 57, it is mentioned that when Imam Thawri came to Yemen, Hisham was appointed as his scribe. In short, declaring him a member of the Shura is merely a fabrication.
◈… Hisham bin Bashir al-Wasti, born 105 AH, died 183 AH, is also said to have been a member of the Shura.
They were trustworthy and reliable but used to practice deception. It is not known what their religious belief was. According to one narration, they were born in Wasit in 105 AH. They received their initial education there and went to Makkah Mukarramah in 123 AH or 124 AH to pursue knowledge. It is confirmed that they went to Kufa for four months, but they did not settle there permanently. For details, see
. In short, their inclusion in the Shura is merely a fabricated story.
◈… Hiyah bin Bastam Taymi, died 177 AH, according to the author Anwar, was also a member of the Shura. He was very eloquent, generous, and kind-hearted.
It is possible that he possessed these qualities. But as a narrator of Hadith, he is weak. Ibn Ma’in declared him weak.
Imam Ahmad declared him abandoned (matruk). Imam Salih called him a denier of Hadith.
Religiously, he was a Murji’ah and a supporter of it.
A person whose year of birth is unknown is religiously considered a Murji’ah; it is surprising and meaningful that he is said to be a member of the Majlis Shura.
◈… Imam Yahya bin Zakariya Abi Zaida, born in 120 AH and died in 183 AH, is also said to be a member of the Majlis Shura.
He was a respected Muhaddith and jurist. According to Imam Ajli, he was trustworthy, a comprehensive scholar of jurisprudence and hadith, a judge of Madain, and counted among the Hafiz in Fiqh. He was trustworthy, loving, a Mufti, and a follower of the Sunnah.
The year of his birth coincides with the foundation of the Majlis Shura; it is evident that calling him a member of the Majlis Shura is merely an assumption and a fabricated story.
◈… Imam Yahya bin Saeed al-Qattan, born in 120 AH and died in 198 AH, is also said to be a member of the Shura.
He is unanimously trustworthy and recorded as such. He is among the great Muhaddithin. He followed the methodology of the Muhaddithin. In beliefs, he was Ahl al-Sunnah. He opposed the Murji’ah. He believed in increase and decrease in faith and considered speech and action as part of faith.
❀ Imam Sufyan Thawri narrates
استتاب اصحاب أبي حنفية ابا حنفية مرتين
Commenting on the jurisprudence of Imam Abu Hanifa, he says that we find faults in some matters of the Imam and agree with him in those which we consider good.
Born in 120 AH in Basra.
Initial education was in Kufa. He studied under Imam Shuba for twenty years.
The year of his birth coincided with the establishment of the Shura Council. When he began his education, he remained connected with Imam Shuba for twenty years. In Basra, he was counted among the companions of Imam Malik.
When did he become a member of the Shura? It is known that this is merely a fabricated story.
◈… Qadi Abu Yusuf, born 113 AH, died 182 AH, is also said to have been a member of the Shura Council.
The author Anwar has called them Mujtahid Mutlaq. They hold a very high position among the Hanafis. Their sayings are abundantly present in Hanafi jurisprudence. In some instances, fatwas are based on their sayings. They differed from Imam Abu Hanifa in beliefs, principles, and branches of jurisprudence. For a time, the influence of Arja was present (as their teacher supported Murji’ah regarding the issue of deficiency or excess in faith and not including deeds within faith). Imam Qazi Shareek did not accept their testimony for this reason, as they did not consider prayer, etc., to be part of faith.
However, later Qazi Abu Yusuf adopted the creed of Ahl al-Sunnah. Imam Ibn Hibban writes that Imam Qutaybah bin Saeed said:
سمعت ابا يوسف يقول الايمان قول وعمل يزيد وينقص
I heard Qazi Abu Yusuf saying that faith is speech and action, which can increase and decrease.
Imam Ibn Adi has narrated that Qadi Abu Yusuf said that whoever says that his faith is equal to the faith of Jibril is an innovator.
From these facts, it is proven that he abandoned the sect of Arja and adopted the path of Ahl al-Sunnah. However, in subsidiary matters, he agreed with the correct fatwas of the Imam. He says:
انما كان ابو حنيفة مدرسا فما كان من قوله حسنا قبلنا وماكان قبيحا تركناه عليہ
Imam Abu Hanifa was only a teacher (i.e., a master); we accept his good statements and leave the objectionable ones.
انا كنا ناتيه يدرسنا الفقة ولم نكن نقلده دينا
We used to attend Imam Abu Hanifa’s lessons in jurisprudence but did not follow him in religion.
◈Qadi al-Qudat :
Qazi Sahib’s early life was marked by poverty and destitution. There was no steady source of income. However, he had a passion for knowledge. When he established a connection with Imam Abu Hanifa, some prosperity came his way, mainly due to the financial support from the Imam. In 166 AH, he was appointed to the position of Qazi al-Qudat (Chief Judge), which was both an honor and a source of livelihood with prestige and influence. He held this position for sixteen years, and this was the sole means by which the Hanafi school spread in the East.
◈Method of Judgment:
❀ Imam Abdullah bin Mubarak, may Allah have mercy on him, says that when Caliph Harun al-Rashid became firmly established on the throne of the caliphate, his heart inclined towards a slave girl of his father. The caliph tried his best to draw the slave girl towards himself, but the slave girl rejected the caliph’s desire by saying that I am your father’s slave girl. I have lived in his harem, and he used to have intercourse with me. Therefore, I am not lawful for you. (The caliph’s gaze turned towards Qazi Abu Yusuf) He sent a message to call Qazi Abu Yusuf and said that this situation has arisen where the slave girl has given this excuse that I have been your father’s concubine. Do you have any solution for this? (Qazi Sahib resolved the issue) and issued a fatwa that Commander of the Faithful, you should not accept the slave girl’s statement as correct. If a slave girl lies, you should verify it.
❀ Imam Abdullah bin Mubarak says that I do not understand whether to be astonished at the ruler who laid his hands on the blood and wealth of the Muslims and did not even respect his own father but tore him to pieces, or at the slave girl who kept herself indifferent to the Amir al-Mu’minin, or at the jurist and judge (Abu Yusuf) who gave the decision to the Amir al-Mu’minin to violate his father’s sanctity and satisfy his lust, saying that his sin should fall upon my neck.
Imam Aqili has briefly narrated this incident with an authentic chain from Abdullah bin Mubarak.
❀ Imam Abdullah bin Yusuf says that
Caliph Harun al-Rashid said to Abu Yusuf that I have bought a slave girl and before performing Istibra Rahim, I want to make her a Motwah. Do you have any means to justify this? The Qazi said, why not? You can give the slave girl as a gift to a child and then marry her.
❀ Imam Ishaq bin Rahwiya stated that
The Caliph called the Qazi at night and asked for a fatwa on the mentioned issue, so the Qazi gave a fatwa permitting it. Then the Caliph issued an order for a reward of one hundred thousand dirhams. The Qazi said, if you consider it appropriate to issue the order for payment before morning, then please do so. The Caliph immediately ordered the payment, but someone said the treasurer has already gone home and the doors are closed. The Qazi said, when he was called, the doors were also closed at that time. I also came here by opening the door.
These tricks and excuses in Shariah rulings were merely crafted to please the Caliph and fulfill un-Islamic desires. Similarly, sometimes the Qazi would even sacrifice his own jurisprudential school to gain the Caliph’s favor and closeness. For brevity, one example is that Caliph Harun al-Rashid used to perform the Eid prayer with twelve Takbirs because this was the stance of his grandfather Abdullah ibn Abbas. On one Eid occasion, Qazi Abu Yusuf was present in Kairouan, Maghdad. He led the Eid prayer. The Caliph was also present in this prayer, so the Qazi performed the Eid prayer with the additional Takbirs in accordance with Abdullah ibn Abbas’s view.
Ibn Abidin has also narrated this from Imam Muhammad.
Two respected elders of Hanafi jurisprudence would change their stance merely to please and flatter the Caliph. A handful of such examples have been presented here as a sample. Otherwise, numerous such examples exist in the books of jurisprudence. Even today, Hanafi scholars exhibit similar behavior. For instance, according to them, the absentee funeral prayer is invalid and forbidden. However, when someone from the nobility or the ruling party passes away, their elders perform the absentee funeral prayer for them with proper arrangements.
A living proof of this was the incident of the late Zia-ul-Haq, when these people officially gathered others and performed the absentee funeral prayer, as advertised in newspapers.
◈Criticism and Modification:
Both the supporters and critics of Qazi Abu Yusuf are present. Some call him trustworthy and truthful, while others call him a liar. The details are as follows. Imam Nasai calls him trustworthy. Imam Amr Sahib calls him a person of Sunnah. Abu Hatim says that his hadith should be recorded. Muzni says he followed hadith most among his companions. Ibn Ma’in says that among the people of opinion, no one is more reliable than him. Imam Yazid bin Harun says that he narrates from him. Ibn Adi says that when he narrates from a trustworthy person and the narrator is also trustworthy, then there is no harm in his narration.
Whereas, on the contrary, Imam Abu Hanifa says that Abu Yusuf attributes to me things which I have not said.
In one narration, it is also stated that he lies about me.
Imam Fudrus says that he is truthful but made many mistakes. Abdullah bin Idris says that Abu Yusuf is a sinner.
Ibn Ma’in says that he did not recognize the hadith.
Yazid bin Harun says that hadith should not be taken from him.
Imam Ibn Mubarak called him a liar.
◈Membership :
Qazi Sahib was born in 113 AH. Initially, he acquired knowledge from Qazi Ibn Abi Layla, and later he joined the study circle of Imam Sahib. According to the Hanafis, his companionship with Imam Sahib lasted seventeen years. So, by this calculation, Qazi Sahib became a student of Imam Sahib in 133 AH. Meanwhile, the Majlis Shura had already been established in 120 AH. This means that thirteen years had passed since the establishment of the Majlis Shura. Now, if the educational period is excluded, the remaining companionship is approximately three to four years. This reveals the truth of the entire story. Qazi Sahib was among the earliest members of the committee and was even the secretary and administrator of the committee.
◈… Yusuf bin Khalid Samti, born in 123 AH and died in 190 AH, is also said to have been a member of the Majlis Shura.
He was a supporter and proponent of Jahmiyyah in terms of religion. Imam Abu Hatim states that he saw a book written by him in support of Jahmiyyah. In it, Yusuf bin Khalid Samasti denied the Day of Judgment and the weighing of deeds.
The Imams of Jarh and Ta’dil have called him a liar and vile, etc. Accordingly, Imam Amr bin Ali, Imam Abu Dawood, and Imam Muammar have called him a liar.
Ibn Ma’in states that he is considered a liar by the Muhaddithin.
Ibn Hibban states that he fabricated narrations in the names of the elders.
Reported with explanation and addition, from Az-Dastan Hanafiya, authored by the honorable teacher Mawlana Muhammad Yahya Gondalvi, may Allah preserve him, and Al-Lamhaat, authored by Mawlana Muhammad Raees Nadwi, may Allah preserve him.
Commentary on Majlis Shura without commentary
Dear readers, what kind of Shura council was this whose thirteen members were imposters and liars, known among the muhaddithin for fabricating hadiths, abandoned and unreliable? As has been detailed in numbers 1,2,3,6,8,9,20,30,31,32,36,39,40, etc., and some of its members were staunch opponents of Hifz (memorization). Some were born in the very year the committee was established, and some were born several years later. But the most noteworthy point is: where did the fiqh collection prepared by these forty individuals disappear? Like the occulted Imam of the Shia, did some member of the Shura take this collection and hide it in a cave? Then the most important point is that none of the forty members of the Shura even mentioned this fiqh collection in their books. The books of Imam Muhammad and Qadi Abu Yusuf are available, yet they did not even write the name of this collection. How were these people considered Hafiz and trustworthy when they did not even remember a single issue orally that was unanimously passed in the Shura council?
Then, in the later books of jurisprudence, there is no mention of this that the council of Shura’s decision is a consensus agreement; not a single example of this can be presented. Although while mentioning opinions, the author repeatedly emphasizes that such and such city’s people have this fatwa, such and such city’s jurists have this view. But in not a single book of any jurisprudence is there even a mention of the issues of this forty-member committee, which reveals the fact that calling Hanafi jurisprudence the jurisprudence of Shura is merely an invention of friends. It has no connection or relation to reality.
