-requires mutawatir report
-furūʿ writings we can witness that some later scholars supported the view of non-Ḥanafī schools and gave a preference to ḥadīth over these non-isnad tools [link]
-5 non-isnad tools: 1/2 textual evidence (unequivocal Quranic text, established Sunna), 3/4/5 (necessary rational conclusion, umum al-balwa, practice of first generation)
other aspects
-more interest in human theory of language (contradictions, oaths) than revelatory language
-istihsan - first hald of 2nd century as technical term, used by Abu Hanifa and popularised by Abdallah bin al-Muqaffa (died around 139 AH) who wrote letter to caliph on indeterminate nature of fiqh too reliant on ijtihad
•majority held that Islamic legal rules apply wherever Muslims go, while the Ḥanafīs adopted a territorial doctrine of jurisdiction
•dispute between two Christians, a Melkite and a Copt, under the last Umayyad Caliph, Marwān II (r. 127-132/744-750), over a church that the Melkites had accused the Copts of seizing from them. This case illustrates how Christians appealed and adapted to administrative and judicial procedures, and the evidentiary procedures entailed.
•Equality (Kafā'ah) in the Muslim Law of Marriage (link): no criterion is more indicative of social stratificati than whom they consider worthy of marrying their daughters. Malik is even reported to have expressly authorized the marriage of non-Arab men to Arab women. Thawri rejected kafa'ah. Kafa'ah developed in Kiifah in a milieu which recognized social distinctions. prevalence of mut'ah marriage among the Ithna-'Asharls was not favorable for kafa'ah. the family which sets the standard for equality is the wife's family. wala gave favorable status to slaves by giving them similarity to nasab for a family member. Qadi Khan in saying that a learned non-Arab is equal to an 'Alawite girl (one descended from 'Ali). Modern example: the daughter of al-Sayyid Ahmad 'Abd al-Khaliq al-Sadat, the Shaykh of the Sfufi order known as al- Sadat al-Wafa'iyah, attracted much attention. $afiyah, in 1904, married Shaykh 'Ali Yuisuf, the owner and editor of al-Mu'ayyad newspaper.
Iraq
•Hanafi-Iraqi fiqh tradition presentation (Muhammad Sahin - Aug 2022):
-Khorasan ~ Belkh, Marv
-Transoxania ~ Bukhara, Samarkand
-differences in understanding concept of madhab
-other sub-schools: sham, India, Egypt, Ottoman
-Iraqis understand fiqh through khilaaf
-characteristics of Iraq: purpose of authorship, method of inference (rational, transmitted reasoning) (discussing when following AH vs Sahibayn’s opinion), concept of fiqh, obvious relation between legal issues & principles (each chapter has a system that relates to other chapters, and main principles of each chapter)
-difficulties: lack of bibliographic details, enormous missing works, reading Iraq through the following schools’ commentaries