The Evolution of Fiqh(5.8 The Hambalee MADHAB)

The Founder: Imaam Ahmad (778-855 CE)

The scholar to whom this Madh-hab is attributed is Ahmad

ibn Hambal ash-Shaybaanee, who was born in Baghdad in the year

778 CE. He became one of the greatest memorizers and narrators of

Hadeeth of his time. Concentrating on the study of Hadeeth, Ahmad

studied Fiqh and Hadeeth science under Imaam Abu Yoosuf, the

famous student of Abu Haneefah, as well as under Imaam ash-

Shaafi’ee himself. Imaam Ahmad went through a series of

persecutions under the caliphs of his time due to their adoption of

Mu’tazilite philosophy. He was jailed and beaten for two years by

order of Caliph al-Ma’moon (rule 813-842 CE), because of his

rejection of the philosophical concept that the Qur’aan was created.

Later set free, he continued teaching in Baghdad until al-Waathiq

became caliph (rule 842-846 CE) and renewed the persecution.

Thereupon, Imaam Ahmad stopped teaching and went into hiding for

five years until Caliph al-Mutawakkil (847-862 CE) took over.

Caliph al-Mutawakkil ended the inquisition permanently by

expelling the Mu’tazilite scholars and officially rejecting their

philosophy. Ahmad continued to teach in Baghdad until he died in

the year 855 CE.

Formation of the Hamblee Madh-hab

Lebanon: Daar al-Aafaaq al-Jadeedah, 1st ed. 1980), pp. 175, 176.

Imaam Ahmad’s greatest concern was the collection,

narration, and interpretation of Hadeeth. His teaching method

consisted of dictating Hadeeths from his vast collection known as al-

Musnad, which contained over 30,000 Hadeeths, as well as the

various opinions of the Sahaabah concerning their interpretation.
 He would then apply the Hadeeths or rulings to various existing

problems. If he could not find a suitable Hadeeth or opinion to solve

a problem, he would offer his own opinion while forbidding his

students to record any of his own solutions. As a result, his Madhhab

was recorded, not by his students but by their students.

Sources of Law Used by the Hambalee Madh-hab

1. The Qur’aan

There was no difference between the way Ahmad ibn Hambal

approached Qur’aan and that of those who preceded him. In

other words, the Qur’aan was given precedence over all else

under all circumstances.

2. The Sunnah

LIkewise, the Sunnah of the Prophet (s.w.) occupied the number

two position among the fundamental principles used by the

foiunder of this school in the deduction of laws. His only

stipulation was that it be Marfoo’, i.e. attributed directly to the

Prophet (s.w.).

3. Ijmaa’ of the Sahaabah

Imaam Ahmad recognized the consensus of opinion of the

Sahaabah, and placed it in the third position among the

fundamental principles. However, he discredited the claims of

Ijmaa’ out side the era of the Sahaabah as being inaccurate, due

to the vast number of scholars and their wide diffusion

throughout the Muslim empire. In his opinion Ijmaa’ after the

era of the Sahaabah was impossible.

4. Individual Opinions of the Sahaabah

If a problem arose in an area where the Shaabah had expressed

conflicting opinions, Ahmad, like Maalik, would give credence

to all the various individual opinions. Because of that, there

developed within the Madh-hab many instances of multiple

rulings for individual issues.

5. Hadeeth Da’eef (Weak Hadeeth)

For a ruling on a case where none of the previous four principes

offered a ready solution, the Imaam used to prefer to use a weak

Hadeeth rather than applying his own deductive reasoning

(Qiyaas). However, this was on condition that the weakness of

the Hadeeth was not due to the fact that one of its narrators was

classified as a Faasiq (degenerate), as a Kadh-dhaab (liar).

6. Qiyaas

As a last resort, that is when no other major principle could be

directly applied, Ahmad would reluctantly apply the principle of

Qiyaas and deduce a solution based on one or more of the

previous principles.al-Madhkal, pp. 202-203.
 

Main Students of the Hambalee Madh-hab

Imaam Ahmad’s main students were his own two sons,

Saalih (died 873 CE) and ‘Abdullaah (died 903 CE). Imaam

Bukhaaree and Muslim, compilers of the most outstanding

collections of Hadeeth, were among the great scholars of Hadeeth

who studied under Imaam Ahmad.
Taareekh al-Madhaahib al-Islaameeyah, vol. 2, pp. 339-340.
 

Followers of the Hambalee Madh-hab

The majority of the followers of this Madh-hab can now be

found in Paledtine and Saudi Arabia. Its suvival in Saudi Arabia,

after almost completely dying out elsewhere in the Muslim world, is

due to the fact that the founder of the so called Wahhab, had studied

under scholars of the Hambalee Madh-hab, and thus it unofficially

became the Fiqh Madh-hab of the movement.
When ‘abdul- ‘Azeez ibn Sa’oud captured most of the
 Arabian peninsula and established

the Saudi dynasty, he made the Hambalee Madh-hab the basis of the

kingdom’s legal system.