“Eighty-Seven Cases of Disagreement Between Abū Ḥanīfa (d. 150/767) and Ibn Abī Laylā (d. 148/765) With Their Precedents: An Appendix to Sohail Hanif, ‘A Tale of Two Kufans: Abū Yūsuf’s Ikhtilāf Abī Ḥanīfa wa-Ibn Abī Laylā and Schacht’s Ancient Schools’” (an article published in Islamic Law and Society, 25:3 [June, 2018])

Reflections

This is an unpublished appendix to my article above. It presents 87 cases of disagreement between Abū Ḥanīfa and Ibn Abī Laylā, two contemporary Kufan jurists from the first half of Islam’s second century, and the precedents I could find for both of their positions among jurists who preceded them. The sources I used to discover these precedents were the two Muṣannafs of ʿAbd al-Razzāq al-Ṣanʿānī (d. 211/827) and Ibn Abī Shayba (d. 235/845), and Abū Yūsuf’s (d. 182/798) Ikhtilāf Abī Ḥanīfa wa-Ibn Abī Laylā.

I hope that this appendix will be of use to researchers in Islamic law’s formative period as it presents intriguing cases of debate across the whole spectrum of legal topics, and the various authorities across Muslim centres who held these positions.  I must add for non-researchers that these are legal cases more than 1200 years old, so they should expect that some of them might offend their modern sensibilities. So be warned.

A small point on the method I followed. I did not investigate chains of transmission for these reports. Therefore, I am not investigating where and when particular reports might have originated, but simply what was thought to have been the positions of various formative period authorities. I justify my method by noting that my interest is not what position these formative period authorities actually held, but what they were believed to have held by authorities in the second century; and that is generally true of the reports found in my sources. Of course, a more detailed isnād analysis of these reports will offer much more nuance to these findings, although I expect that this further nuance would not greatly alter the conclusions I drew in my paper.

 

Download link coming soon.

 

 

 

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