International Conference on Social Sciences and Humanities Research · Vol. 2 No. October Issue (2026)

Theoretical Foundations of Judicial Activity in the Hanafi School of Islamic Law

Keywords

Hanafi school qadi Islamic judiciary Abu Yusuf al-Shaybani Zahir al-Riwaya fatwa usul al-fiqh evidence ijtihad

Abstract

This article examines the theoretical foundations of judicial activity in the Hanafi school of Islamic law, focusing on the relationship between normative sources, juristic authority and judicial procedure. A qualitative doctrinal review is used to organise the legal and historical arguments concerning the office of the qadi, the contributions of Abu Yusuf and Muhammad al-Shaybani, and the role of later Hanafi scholarship. The analysis identifies three connected foundations: the obligation to administer justice, the ordering of authoritative legal opinions, and the procedural assessment of claims and evidence. It also explains how the Zahir al-Riwaya corpus, less widely transmitted opinions and fatwa literature contributed to continuity and adaptation within the school. These findings support an understanding of Hanafi adjudication as an institution in which ethical responsibility and legal reasoning operate together. The article distinguishes doctrinal principles from evidence of their implementation and identifies the need for further study of court records and specific legal texts.

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References

1. Abu Dawud. (1987). Sunan. Beirut: Dar al-Fikr al-Arabi.

2. Abu Yusuf. (2005). Kitab al-Kharaj. Beirut: Dar al-Kutub al-Ilmiyya.

3. Al-Mawardi. (1994). Al-Ahkam al-Sultaniyya (Vol. 1). Beirut: Dar al-Kutub al-Ilmiyya.

4. Ibn Abidin. (2005). Radd al-Muhtar (Vol. 1). Beirut: Dar al-Fikr.

5. Muhammad Yusuf, Muhammad Sodiq. (2022). Qur’oni Karim va uning ma’nolar tarjimasi [The Qur’an and a translation of its meanings]. Tashkent: Hilol Nashr.