Hanafi

The Hanafi (Arabic: حنفي‎ Ḥanafī) school is one of the four religious Sunni Islamic schools of jurisprudence (fiqh). It is named after the scholar Abū Ḥanīfa an-Nu‘man ibn Thābit (d. 767), a tabi‘i whose legal views were preserved primarily by his two most important disciples, Abu Yusuf and Muhammad al-Shaybani. The other major schools of Sharia in Sunni Islam are Maliki, Shafi'i and Hanbali.

Hanafi is the fiqh with the largest number of followers among Sunni Muslims. It is predominant in the countries that were once part of the historic Ottoman Empire and Sultanates of Turkic rulers in the Indian subcontinent, northwest China and Central Asia. In the modern era, Hanafi is prevalent in the following regions: Turkey, the Balkans, Syria, Lebanon, Jordan, Palestine, Egypt, parts of Iraq, the Caucasus, parts of Russia, Turkmenistan, Kazakhstan, Kyrgyzstan, Tajikistan, Uzbekistan, Afghanistan, Pakistan, parts of India and China, and Bangladesh.

Sources and methodology

The sources from which the Hanafi madhhab derives Islamic law are, in order of importance and preference: the Quran, and the hadiths containing the words, actions and customs of the Islamic prophet Muhammad (narrated in six hadith collections, of which Sahih Bukhari and Sahih Muslim are the most relied upon); if these sources were ambiguous on an issue, then the consensus of the Sahabah community (Ijma of the companions of Muhammad), then individual's opinion from the Sahabah, Qiyas (analogy), Istihsan (juristic preference), and finally local Urf (local custom of people).

Mistake (contract law)

In contract law, a mistake is an erroneous belief, at contracting, that certain facts are true. It can be argued as a defense, and if raised successfully can lead to the agreement in question being found void ab initio or voidable, or alternatively an equitable remedy may be provided by the courts. Common law has identified three different types of mistake in contract: the 'unilateral mistake', the 'mutual mistake' and the 'common mistake'. The distinction between the 'common mistake' and the 'mutual mistake' is important.

Another breakdown in contract law divides mistakes into four traditional categories: unilateral mistake, mutual mistake, mistranscription, and misunderstanding.

Examples

Mistake can be- (1)Mistake of Law (2)Mistake of Fact

Mistake of law: when a party enters into a contract, without the knowledge of the law in the country, the contract is affected by such mistakes but it is not void. The reason here is that ignorance of law is not an excuse. However if a party is induced to enter into a contract by the mistake of law then such a contract is not valid.

Faraz Rabbani

Faraz Fareed Rabbani is a scholar and researcher of Islamic law and translator of several Arabic works to the English language.

Biography

Shaykh Faraz describes himself as a "global nomad", as he spent his childhood in Canada, England, Egypt, and Spain, before returning to Canada to complete his high school and university studies. Having come from so many places, when he began to reflect on who he was, he discovered the only clear answer was "a Muslim."

And so began his journey as a student of knowledge. At university, he became active with the Muslim Students Association at a local and national level. He helped develop MSA National's MSA Starter's Guide and founded and ran The Muslim Voice, MSA University of Toronto's magazine. He also founded and ran the first online African news service (Africa-N), and worked as an editor on his college paper, The Strand.

Even while completing his Bachelors in Economics and Commerce at the University of Toronto, Shaykh Faraz developed a deep interest in Islamic learning, studying with local scholars such as Shaykh Talal al-Ahdab and Shaykh Faisal Abdur-Razak. After graduating from the University of Toronto in 1997, he and his wife (Ustadha Shireen Ahmed) travelled to Damascus and then to Amman, where he studied with leading Islamic scholars, including Shaykh Adib Kallas (Allah have mercy upon him), Shaykh Hassaan al-Hindi, Shaykh Muhammad Jumuah, Shaykh Akram Abd al-Wahhab, and Shaykh Nuh Keller. In 2001, Shaykh Faraz began answering questions for his family and friends online; this grew into the Hanafi Fiqh list at Yahoo Groups. On the advice of his teachers, the SunniPath web site was created, which featured both a question/answer service and online Islamic courses.

Abu Hanifa

Nuʿmān ibn Thābit ibn Zūṭā ibn Marzubān (Persian: ابوحنیفه‎‎,Arabic: نعمان بن ثابت بن زوطا بن مرزبان‎), also known as Imam Abū Ḥanīfah (Arabic: أبو حنيفة‎ dated 699 – 767 AD / 80 – 150 AH), was the founder of the Sunni Hanafi school of fiqh (Islamic jurisprudence). He is also considered a renowned Islamic scholar and personality by Zaydi Shia Muslims. He was often called "the Great Imam" (ألإمام الأعظم, al-imām al-aʿẓam).

Life

Childhood

Abū Ḥanīfah was born in the city of Kufa in Iraq, during the reign of the Umayyad caliph Abd al-Malik ibn Marwan. His father, Thabit bin Zuta, a trader from Kabul, Afghanistan, was 40 years old at the time of Abū Ḥanīfah's birth.

His ancestry is generally accepted as being of Persian origin as suggested by the etymology of the names of his grandfather (Zuta) and great-grandfather (Mah). The historian Al-Khatib al-Baghdadi records a statement from Imām Abū Ḥanīfah's grandson, Ismail bin Hammad, who gave Abū Ḥanīfah's lineage as Thabit bin Numan bin Marzban and claiming to be of Persian origin. The discrepancy in the names, as given by Ismail of Abū Ḥanīfah's grandfather and great-grandfather, are thought to be due to Zuta's adoption of the Arabic name (Numan) upon his acceptance of Islam and that Mah and Marzban were titles or official designations in Persia, with the latter, meaning a margrave, referring to the noble ancestry of Abū Ḥanīfah's family as the Sasanian Marzbans (equivalent of margraves) of Kabul (Modern day Afghanistan). Those stories maintain for his ancestors having been slaves purchased by some Arab benefactor are, therefore, untenable and seemingly fabricated. There is a discussion on being of Turkic or Persian origin. But the widely accepted opinion, however, is that most probably he was of Persian ancestry from Kabul.