THE POLITICS FOR THE FIQH AND THE FIQH FOR THE POLITICS: A STUDY OF THE RELATIONSHIP BETWEEN ḤANAFĪ JURISTS AND THE RULERS

Authors : Murat Karacan

Pages : 230-241

Doi:10.47525/ulasbid.1619778

View : 61 | Download : 39

Publication Date : 2025-03-30

Article Type : Research Paper

Abstract :It is widely known that Abū Ḥanīfa (d. 150/767), the eponymous founder of the Ḥanafī school of law, generally did not maintain cordial relations with political leaders. Despite being repeatedly offered official positions, such as the office of qadi, he consistently declined them. While the primary reason for this stance remains a subject of debate, it is plausible that his sympathy for the members of the Ahl al-Bayt—who held a politically oppositional position—and his commitment to the principle of justice played a significant role in shaping his attitude. Consequently, the tension between him and the rulers led to personal hardships and punitive measures against him. However, not long after his death, his followers became actively involved in the state’s judicial organization. Many of his students, most notably Abū Yūsuf (d. 182/798), Muḥammad al-Shaybānī (d. 189/805), and Zufar b. al-Hudhayl (d. 158/775), served as qadis or chief qadis, applying the legal understanding they had inherited from their teacher. In doing so, they played a crucial role in formalizing Ḥanafī law. This article examines whether the decisions of these jurists were influenced by political authority. Specifically, it addresses whether Ḥanafī jurists, both in the formative period and in subsequent developments, were affected by political pressures, leading them to grant relatively greater administrative authority to rulers. The study aims to explore the relationship between jurists and political leaders from the early development of the Ḥanafī school to the Ottoman period. Although I acknowledge that the period under consideration extends far beyond the scope of this study, I believe that this analysis will contribute to the field by laying a foundation for similar and more specialized research. I argue that the initial generation of Ḥanafī jurists maintained a distinct balance between legal principles and political realities. While safeguarding the boundaries of the law, they did not disregard realpolitik, thereby allowing a necessary fluidity between fiqh and politics. Over time, this dynamic interaction became more pronounced, resulting in a vibrant network of communication between fuqaha and political figures. Although political pressure on the fuqaha was occasionally evident, it can be argued that, in principle, political authority made efforts to uphold the supremacy of the law just as jurisprudence sought to maintain social order.
Keywords : İslam Hukuku, Erken Dönem Hanefî Fakihler, Hukuki Otorite, Siyasi Otorite, Fıkıh ve Devlet