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Qazi Abu Yousaf
(113H/731M - 182H/798M)
(22, May: Death Anniversary)
Dr Sajid Khakwani The name he
was Ibrahim ibn Ya'qub ibn Habib al-Anshori al-Kufi al-Baghdadi.
Al-Anshori was called because of his mother's side there are still
descendants of the Anshor blood. He was born in the town of Kufa,
which is known as Islamic territory dominated by ahlu ro'yi. He got
as al-Kufi as born and raised in the city of Kufa, while
al-Baghdadi is a ratio to Baghdad, which is the town where he
devoted himself as a student and scholar and well spread qodhi
Hanafi until his death.
Since childhood, Imam Abu Yusuf already have a strong interest in
science, especially the science of Hadith. He narrates, among
others from his teachers that Hisham ibn Urwa, Abu Ishaq al-Shaybani,
Ata 'ibn Saa'id and others. In fiqh, he learned to Muhammad ibn
Abdur Rehman bin Abi Laila who is familiar with Ibn Abi Laila. But
he is very interested in the jurisprudence as well as his teacher
Imam Abu Hanifah (150 H). Because of his interest to the
jurisprudence of Imam Abu Hanifa is so large, in addition because
the strong encouragement of Imam Abu Hanifa himself, so he was
compelled to spread throughout the Hanafi Abbasid territory. Even
be said that was he the first and most responsible for the
development of the Hanafi jurisprudence of Islamic society. This is
because he was appointed as the Chairman of the judges (Qodhi al-Qudhot)
by the caliph Harun al-Rosyid, this position is actually the first
office in the Islamic justice system, so freely to issue fatwas and
decide the cases by referring to the Islamic jurisprudence.
Imam Yusuf was from a poor background. His father took him to Imam
Hanifa’s circles. However, his father became convinced that the
wealth of Imam Hanifa would have a negative psychological effect on
his son so he stopped taking him to Imam Hanifa. However, since
Imam Yusuf had become attached to Imam Hanifa he started to go his
circles again. Imam Hanifa asked Imam Yusuf the reason behind his
long absence, Imam Yusuf explained to Imam Hanifa the reason. From
then on Imam Hanifa used to give Imam Yusuf 100 dinars monthly.
In another narration, Imam Yusuf’s mother used to take her son to
an oil producing factory every morning so that he could work and
bring home some money. However, Imam Yusuf used to run to Imam
Hanifa’s circles. Imam Yusuf’s mother complained to Imam Hanifa and
told him to advise her son to work. Imam Hanifa told her that her
son had a bright future; he could see him eating Halwa (a rich
desert) in the future. Imam Yusuf’s mother became angry and asked
him how he could make fun out of their poverty. Imam Hanifa took
Imam Yusuf under his guardianship and trained him to become a well
renowned judge. Once the Caliph came to visit Imam Yusuf and
brought with up a specially prepared dish that he did not normally
make; it was a Halwa and Imam Yusuf smiled when the Caliphs
servants uncovered the dish.
It is recorded in several books that after thirty years had passed
in the circle of Imam Abu Hanifah without being absent for a single
day. Then one early morning disaster struck the house of Imam Abu
Yusuf when the Imam’s young son became severely ill and died. That
morning the funeral prayer was to be held and burial was to take
place. The problem was that it meant that the Imam would, after
thirty years of diligent attendance have to miss his Imam’s
lecture. It bore too heavily on the Imam, that he should be
deprived of even a moment of learning, compelling him to arrange
for his neighbors to conduct the funeral prayers and see to the
burial whilst he could take his place in the circle of the great
Imam. Amazing! Especially for those students amongst us who due to
a minor cold or headache nonchalantly absent ourselves for hours
and even days from our teacher’s lectures.
Later on in life Imam Abu Yusuf was given the highest legal post in
the entire Khilafah; that of qadi ul Qudat, the modern equivalent
of a Chief Justice. During the day he’d listen to the cases and
give Fatawa. The visitors to his court were amazed at his skill,
the most complicated legal issues would be put before him and in a
matter of moments he would have them solved. The night would be
given over to teaching Hadith and Fiqh. One would imagine one who
is so occupied in these affairs would have little time for the
worship of his lord, but on the contrary the Imam was able to even
with all his duties, offer Tahajjud every night
1. Kitab al-Asar. A book that collects the Hadees narrated from the
teacher and also from his father.
2. Book deviation Ibni Abi Abi Hanifa wa Laila.
Seeing the title already crossed that this book collects the
differences in the fiqh of Abu Hanifa and Ibn Abi Laila who is also
a teacher of Imam Abu Yusuf. 3. Kitab ar-Radd ala
al-Siyar Auza'i This book is a set of arguments-arguments against
the Imam Abu Yusuf al-Auza'i opinions surrounding the war and
jihad. 4. Kitab al-Khoroj. This book is a book of
his most important and famous that beat the fame his books another.
With this book he is crowned Fakih and classical Muslim economists.
This is his most famous work, is a treatise on taxation and fiscal
problems of the state prepared for the caliph Usul al-fiqh - the
earliest known work of principles of Islamic jurisprudence. A
portion of his works were devoted to international law.
Kitab al-Athar, a collection of traditions (ahadith) he narrated
According to a scholar Ibn Najm Hanafiyah, there are many more
books written by Imam Abu Yusuf, other than those already mentioned
above, for example as-Sholah book, Kitab az-Zakah, and others.
Kitab al-Khoroj;This book was written by Imam Abu Yusuf at the
request of the caliph Harun al-Rasheed to guide you in collecting
state revenues or income from taxes, zakat and jizya. As was said
by the Imam Abu Yusuf, "Verily Commander of the Faithful Harun al-Rasheed
has asked me to write a general book a guide in collecting khiraj,
ushoor, zakat and jizya". Given the title and the contents of this
book it can be classified as a book Public Finance in terms of
modern economics.
Khiraj is the land tax which is controlled by the Muslims either
because of war or because the owner entered into a treaty with the
Muslims. They remain the owner of its lands, but by paying taxes (khoroj)
a certain amount to the government.
Ushoor are plurals ushar means a tenth or 10 per cent. He refers to
the level of agricultural charity and customs that apply to the
Muslim traders and non-Muslims across the region of Islamic state.
In agriculture there are problems due the following conditions: if
farmer’s soil using irrigation techniques were then nisf Zakah al-uhoor
(5 per cent) whereas if the irrigation management is using
rainwater is then Zakah ushoor or 10 per cent. In recent history,
customs of Muslim traders, and Non-Muslim traders of Muslim state
and Non-Muslim traders of Non-Muslim state. Muslim traders charged
rub'ul ushoor (2.5 per cent), Non-Muslim traders of Muslim state
nisf al-ushoor (5 per cent) and the Non-Muslim traders of
Non-Muslim state ushoor (ten per cent).
Jizya is a head tax to be paid by non-Muslims who live and be
protected in an Islamic state. Prophet Muhammad set a poll by his
friend Maaz bin Jabal when he was sent to Yemen as many as one
dinar every person who has consent. This size does not seem to be
standard conditions proved Umar ibn Khattab pick as many as 4 pence
or 40 dirhams.
Apart from charity, and Ghanimah fai 'incomes above the third is a
source of major income sources for Islamic state. Kitab al-Khoroj
this is the first book that collects all revenue of Islamic State
and the posts and expenditures based on the Sunnah kitabullah
Apostles.
Begins with good advice to the caliph Harun al-Rosyid, Imam Abu
Yusuf stressed that the authorities realize that the mandate of
power is hard but if done with full trust is also a source of very
great reward. The main task of the authorities is to eliminate
injustice felt by the people and meet all their needs and unseen.
In collecting zakat and other income, the authorities advised to
choose people who can be trusted (trust), thorough and critical.
This is all expected to be the free union of all leaks so that
optimal results can be realized for the benefit of citizens.
According to Imam Abu Yusuf, Islamic economic system clearly follow
the principles of market mechanism to provide optimum freedom for
the actors in it, namely producers and consumers. He presented a
atsar that many citizens complain to the caliph Umar bin Abdul Aziz
as prices soared in their time. Umar bin Abdul Aziz answered their
complaints by saying that the previous rulers (before him) has been
collecting taxes from Non-Muslims of Muslim state with levels that
exceed the carrying capacity. While his poll tax burdens not
limited to his own ability but because of "the Prophet Muhammad was
sent to a caller to Islam and not be a tax collector." If, for any
reason other than the monopoly, hoarding or unilateral action is
not reasonable from the manufacturer, the price increase occurs in
the economy, the government can not intervene to fix prices. Fully
pricing played by forces of demand and supply in the economy.
Kitab al-khoroj, The book is in addition to describing the
traditions of the Prophet SAW associated with chapters state
revenue and expenditure in detail and systematically, also spread
the thoughts of Imam Abu Yusuf himself in these matters which is an
expression of opinion notwithstanding opinion of Abu Hanifa in his
many different issues. Although this book was written more than
1200 years ago, but still very relevant to serve rujuakan in
economics, finance and trade in modern times now. Even can be used
as a guide, reference and complement the government's fiscal policy
and monetary and economic development in general.
Imam Hanifa had a council of 40 students who lived and studied in
his academy. He has reportedly spoken on 83,000 juristic issues,
Imam Abu Yousaf was an important member of that council. Whenever
an issue came to the attention of Imam Hanifa’s council they used
to discuss the matter for months and reach a conclusion based on
the consensus. The council used to resolve the problems of the
community. They used to “speculate” and “assume” issues and then
passed Fatwa’s on them.
Qadhi Abu Yusuf, the student of Imam Abu Hanifa, The. Together the
3 (Imam Abu Hania, Qadhi Abu Yusuf and Imam Muhammad) formulate the
Hanafi school. All 3 were Absolute Mujtahids. We also have Imam
Zufar, another student of Imam Abu Hanifa, whose opinions we have
taken on a number of issues.
There are 4 types of Ijtihad/Mujtahids:
1. Absolute and independent Ijtihad i.e Ijtihad Mutlaq Mustaqil ,
This is the level of the Sahaba and the Imams. They dont follow the
furu or Usul of anyone.
2. Absolute and dependent Ijtihad i.e Ijtihad Mutlaq Muntasib, This
is the level of the students of the Imams. They follow the Usul of
their teachers but not strictly the Furu when judging sources.
3. Ijtihad in the Mazhab i.e Ijtihad Fi'l Mazhab, This level
consists of the great Fuqaha, who derive rulings for new cases that
have arisen but sticking to the furu and usul of their Imams.
4. Ijtihad in the Fatwa i.e Ijtihad Fi'l Fatwa, This level consists
of those scholars who stick with the Furu and Usul of their Imam
AND to the new judgements of the Fuqaha (discusses above). What
they basically do is tell which of the different opinions amongst
the Mazhab are stronger and weaker and so forth.
Imaam Abu Yusuf was one of those illustrious scholars who
sacrificed his entire life in the service of Islam. Imaam Abu Yusuf,
together with his teacher Imaam Abu Hanifa and others like Imaam
Muhammad and Imaam Zufar carefully applied their minds to the study
of the Quraan and Sunnah in order to extract the rules and
regulations governing all the aspects of Muslim life. They would
spend hours, days, weeks and even months debating and discussing
intricate matters of fiqh (jurisprudence) in order to codify the
Hanafi mazhab. The other Imaams of Fiqh like Imaam Shaafi, Imaan
Maalik and Imaam Ahmed were also great men of piety, sincerity and
knowledge. It is through their sacrifice and efforts that we are
fortunate enough to have a simplified system of law which we can
follow with regards to Salaah, Zakaah, Haj, Sawm, Islamic finance,
etc. May Allah Ta’ala reward all the Imaams of Fiqh for their
efforts and fill their graves with noor. Aaameen!
drsajidkhakwani@gmail.com |
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