Abu Yusuf
Encyclopedia
Yaqub ibn Ibrahim al-Ansari, better known as Abu Yusuf (d.798) was a student of legist
Abu Hanifah (d.767) who helped spread the influence of the Hanafi
school of Islamic law
through his writings and the government positions he held.
and Baghdad
, in what is now modern day Iraq
, during the 8th century. His genealogy has been traced back to Sa'd b. Habta, a youth in Medina
in the time of the Prophet, and his birth date is estimated based on his the date of his death to be around 113/729CE.
Based on anecdotal stories, Abu Yusuf was raised poor but with a ferocious appetite for knowledge. His father disapproved of his academic desires, insisting that he master some trade so as to help make ends meet. While it cannot be fully verified, stories suggest that he complied with his father's wishes, but also kept up his academic studies. His talent and commitment was eventually recognized by Abu Hanifa who became his mentor with Abu Yusuf as his star pupil. He is portrayed as an incredibly studious individual who was unceasing in his pursuit for knowledge and legal understanding. While much of what is known of his early childhood relies on sometimes contradictory anecdotal evidence, it has been verified that he studied religious law and traditions in Kufa and Medina under a number of scholars including Abu Hanifa, Malik b. Anas, al-Layth b. Sa'd and others. Under the guidance of Abu Hanifa, Abu Yusuf achieved incredible success and helped develop and spread the influence of the Hanafi
school of Islamic law
.
Abu Yusuf lived in Kufa until he was appointed Qadi
in Baghdad. It is unclear whether he was appointed by Mahdi, al-Hadi
, or Harun al-Rashid
. According to one story, Abu Yusuf was able to provide sound advice pertaining to religious law to a government official who rewarded him generously and recommended him to the caliph, Harun al-Rashid. He continued to provide satisfactory legal opinions to the caliph who drew him into his inner circle and eventually appointed him Qadi
. While this version of events is probable, it is not necessarily authentic and cannot be independently verified. What is known is that Abu Yusuf became a close acquaintance of Abbasid
caliph, Harun al-Rashid
, who eventually granted him the title of Grand Qadi
, or Qadi 'l-qudat; the first time such a title had been conferred upon someone in Islamic history. While at the time it was meant as an honorific title, the Caliph frequently consulted Abu Yusuf on legal matters and financial policy and even bestowed upon him the ability to appoint other Qadis in the empire. This made the position of Grand Qadi analogous to a modern day chief justice
. Abu Yusuf held the position of Grand Qadi until his death in 182/798CE.
, mentions numerous titles authored by Abu Yusuf. With one exception, none of these works listed in the Fihrist have survived. The exception is his book entitled Kitāb al-Kharāj, a treatise on taxation and financial issues facing the empire written at the request of the caliph, Harun al-Rashid
. The Islamic empire was at the height of its power at the time of his writing and in his treatise, he sought to advise the caliph on how to appropriately conduct financial policies in accordance with religious law. While the caliph took some suggestions and ignored others, the overall effect was to limit the ruler's discretion over the tax system. A selection of other works credited to him that do not appear in the Fihrist have also survived. The Kitab al-Athar is a collection of Kufian traditions (ahadith) which he narrated. Kitab Ikhtilaf Abi Hanifa wa Ibn Abi Layla is a comparison of the opinions between the legal authorities, Abu Hanifa and Abu Layla. Kitab al-Radd ‘Ala Siyar al-Awza’i is a "reasoned refutation with broad systematic developments," of the opinions regarding the laws of war of the famous Syrian scholar, al-Awza’i. Some excerpts from his various other works that have not survived in their totality were incorporated in texts written by his disciples and were passed on through succeeding generations. For example, excerpts from Abu Yusuf's book, Kitabal-Hiyal (Book of Legal Devices) were incorporated in the book, Kitabal-Makharidj fi 'l-Hiyal written by his disciple, Muhammad al-Shaybani
.
school of Islamic law throughout the Islamic empire. While most of his legal opinions (fatwas) were firmly rooted in the doctrine and methodology espoused by his former teacher, there are some points on which he diverged and revealed his own legal thought. The doctrine of Abu Yusuf was more dependent on traditions (ahadith) than his master, in part because there were more authoritative prophetic traditions available to him in his time. He also reacted against the somewhat unrestrained reasoning exhibited by Abu Hanifa. However, he was not always consistent; in a certain number of cases he disregarded sounder and more highly developed doctrine by diverging from the opinions of his former teacher. Based on his surviving works and opinions, certain tendencies in Abu Yusuf's reasoning have been determined, such as his tendency to logically follow the implications of a proposition to an absurd conclusion (Reductio ad absurdum
) and his use of rather caustic language in his attacks on opponents' positions and in defense of his own. Abu Yusuf is also noted for the frequency in which he changed positions on various issues, which has been suggested is a result of his experience as a judge. Abu Yusuf's greatest legacy is in affirming and advancing the Hanafi legal school as the predominant source of legal thought in the Islamic empire and providing a legal framework for defining and restricting caliphal authority in regard to fiscal policy.
Legist
The term Legist, from the Latin lex 'law', literally denotes any expert or student of law.It was especially used since the Carolingian dynasty for royal councillors who advised the monarch in legal matters, and specifically helped base its absolutist ambitions on Roman Law...
Abu Hanifah (d.767) who helped spread the influence of the Hanafi
Hanafi
The Hanafi school is one of the four Madhhab in jurisprudence within Sunni Islam. The Hanafi madhhab is named after the Persian scholar Abu Hanifa an-Nu‘man ibn Thābit , a Tabi‘i whose legal views were preserved primarily by his two most important disciples, Abu Yusuf and Muhammad al-Shaybani...
school of Islamic law
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
through his writings and the government positions he held.
Biography
Abu Yusuf lived in KufaKufa
Kufa is a city in Iraq, about south of Baghdad, and northeast of Najaf. It is located on the banks of the Euphrates River. The estimated population in 2003 was 110,000....
and Baghdad
Baghdad
Baghdad is the capital of Iraq, as well as the coterminous Baghdad Governorate. The population of Baghdad in 2011 is approximately 7,216,040...
, in what is now modern day Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
, during the 8th century. His genealogy has been traced back to Sa'd b. Habta, a youth in Medina
Medina
Medina , or ; also transliterated as Madinah, or madinat al-nabi "the city of the prophet") is a city in the Hejaz region of western Saudi Arabia, and serves as the capital of the Al Madinah Province. It is the second holiest city in Islam, and the burial place of the Islamic Prophet Muhammad, and...
in the time of the Prophet, and his birth date is estimated based on his the date of his death to be around 113/729CE.
Based on anecdotal stories, Abu Yusuf was raised poor but with a ferocious appetite for knowledge. His father disapproved of his academic desires, insisting that he master some trade so as to help make ends meet. While it cannot be fully verified, stories suggest that he complied with his father's wishes, but also kept up his academic studies. His talent and commitment was eventually recognized by Abu Hanifa who became his mentor with Abu Yusuf as his star pupil. He is portrayed as an incredibly studious individual who was unceasing in his pursuit for knowledge and legal understanding. While much of what is known of his early childhood relies on sometimes contradictory anecdotal evidence, it has been verified that he studied religious law and traditions in Kufa and Medina under a number of scholars including Abu Hanifa, Malik b. Anas, al-Layth b. Sa'd and others. Under the guidance of Abu Hanifa, Abu Yusuf achieved incredible success and helped develop and spread the influence of the Hanafi
Hanafi
The Hanafi school is one of the four Madhhab in jurisprudence within Sunni Islam. The Hanafi madhhab is named after the Persian scholar Abu Hanifa an-Nu‘man ibn Thābit , a Tabi‘i whose legal views were preserved primarily by his two most important disciples, Abu Yusuf and Muhammad al-Shaybani...
school of Islamic law
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
.
Abu Yusuf lived in Kufa until he was appointed Qadi
Qadi
Qadi is a judge ruling in accordance with Islamic religious law appointed by the ruler of a Muslim country. Because Islam makes no distinction between religious and secular domains, qadis traditionally have jurisdiction over all legal matters involving Muslims...
in Baghdad. It is unclear whether he was appointed by Mahdi, al-Hadi
Al-Hadi
Abu Abdullah Musa ibn Mahdi al-Hadi was the fourth Abbasid caliph who succeeded his father Al-Mahdi and ruled from 169 AH until his death in 170 AH ....
, or Harun al-Rashid
Harun al-Rashid
Hārūn al-Rashīd was the fifth Arab Abbasid Caliph in Iraq. He was born in Rey, Iran, close to modern Tehran. His birth date remains a point of discussion, though, as various sources give the dates from 763 to 766)....
. According to one story, Abu Yusuf was able to provide sound advice pertaining to religious law to a government official who rewarded him generously and recommended him to the caliph, Harun al-Rashid. He continued to provide satisfactory legal opinions to the caliph who drew him into his inner circle and eventually appointed him Qadi
Qadi
Qadi is a judge ruling in accordance with Islamic religious law appointed by the ruler of a Muslim country. Because Islam makes no distinction between religious and secular domains, qadis traditionally have jurisdiction over all legal matters involving Muslims...
. While this version of events is probable, it is not necessarily authentic and cannot be independently verified. What is known is that Abu Yusuf became a close acquaintance of Abbasid
Abbasid
The Abbasid Caliphate or, more simply, the Abbasids , was the third of the Islamic caliphates. It was ruled by the Abbasid dynasty of caliphs, who built their capital in Baghdad after overthrowing the Umayyad caliphate from all but the al-Andalus region....
caliph, Harun al-Rashid
Harun al-Rashid
Hārūn al-Rashīd was the fifth Arab Abbasid Caliph in Iraq. He was born in Rey, Iran, close to modern Tehran. His birth date remains a point of discussion, though, as various sources give the dates from 763 to 766)....
, who eventually granted him the title of Grand Qadi
Qadi
Qadi is a judge ruling in accordance with Islamic religious law appointed by the ruler of a Muslim country. Because Islam makes no distinction between religious and secular domains, qadis traditionally have jurisdiction over all legal matters involving Muslims...
, or Qadi 'l-qudat; the first time such a title had been conferred upon someone in Islamic history. While at the time it was meant as an honorific title, the Caliph frequently consulted Abu Yusuf on legal matters and financial policy and even bestowed upon him the ability to appoint other Qadis in the empire. This made the position of Grand Qadi analogous to a modern day chief justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
. Abu Yusuf held the position of Grand Qadi until his death in 182/798CE.
Literary Works
During his lifetime, Abu Yusuf created a number of literary works on a range of subjects including Islamic jurisprudence, international law, narrations of collected traditions (ahadith), and others. The Kitāb al-Fihrist, a bibliographic compilation of books written in the 10th century by Ibn al-NadimIbn al-Nadim
Abu'l-Faraj Muhammad bin Is'hāq al-Nadim , whose father was known as al-Warrāq was a Shia Muslim scholar and bibliographer. Some scholars regard him as a Persian, but this is not certain. He is famous as the author of the Kitāb al-Fihrist...
, mentions numerous titles authored by Abu Yusuf. With one exception, none of these works listed in the Fihrist have survived. The exception is his book entitled Kitāb al-Kharāj, a treatise on taxation and financial issues facing the empire written at the request of the caliph, Harun al-Rashid
Harun al-Rashid
Hārūn al-Rashīd was the fifth Arab Abbasid Caliph in Iraq. He was born in Rey, Iran, close to modern Tehran. His birth date remains a point of discussion, though, as various sources give the dates from 763 to 766)....
. The Islamic empire was at the height of its power at the time of his writing and in his treatise, he sought to advise the caliph on how to appropriately conduct financial policies in accordance with religious law. While the caliph took some suggestions and ignored others, the overall effect was to limit the ruler's discretion over the tax system. A selection of other works credited to him that do not appear in the Fihrist have also survived. The Kitab al-Athar is a collection of Kufian traditions (ahadith) which he narrated. Kitab Ikhtilaf Abi Hanifa wa Ibn Abi Layla is a comparison of the opinions between the legal authorities, Abu Hanifa and Abu Layla. Kitab al-Radd ‘Ala Siyar al-Awza’i is a "reasoned refutation with broad systematic developments," of the opinions regarding the laws of war of the famous Syrian scholar, al-Awza’i. Some excerpts from his various other works that have not survived in their totality were incorporated in texts written by his disciples and were passed on through succeeding generations. For example, excerpts from Abu Yusuf's book, Kitabal-Hiyal (Book of Legal Devices) were incorporated in the book, Kitabal-Makharidj fi 'l-Hiyal written by his disciple, Muhammad al-Shaybani
Muhammad al-Shaybani
Muḥammad ibn al-Ḥasan al-Shaybānī was a disciple of Abu Hanifa , and Abu Yusuf, and a jurist.-Early years:...
.
Doctrine and Methodology
As a disciple of Abu Hanifa, Abu Yusuf's doctrine largely presupposes that of his mentor. His writings and prominent political positions helped advance the HanafiHanafi
The Hanafi school is one of the four Madhhab in jurisprudence within Sunni Islam. The Hanafi madhhab is named after the Persian scholar Abu Hanifa an-Nu‘man ibn Thābit , a Tabi‘i whose legal views were preserved primarily by his two most important disciples, Abu Yusuf and Muhammad al-Shaybani...
school of Islamic law throughout the Islamic empire. While most of his legal opinions (fatwas) were firmly rooted in the doctrine and methodology espoused by his former teacher, there are some points on which he diverged and revealed his own legal thought. The doctrine of Abu Yusuf was more dependent on traditions (ahadith) than his master, in part because there were more authoritative prophetic traditions available to him in his time. He also reacted against the somewhat unrestrained reasoning exhibited by Abu Hanifa. However, he was not always consistent; in a certain number of cases he disregarded sounder and more highly developed doctrine by diverging from the opinions of his former teacher. Based on his surviving works and opinions, certain tendencies in Abu Yusuf's reasoning have been determined, such as his tendency to logically follow the implications of a proposition to an absurd conclusion (Reductio ad absurdum
Reductio ad absurdum
In logic, proof by contradiction is a form of proof that establishes the truth or validity of a proposition by showing that the proposition's being false would imply a contradiction...
) and his use of rather caustic language in his attacks on opponents' positions and in defense of his own. Abu Yusuf is also noted for the frequency in which he changed positions on various issues, which has been suggested is a result of his experience as a judge. Abu Yusuf's greatest legacy is in affirming and advancing the Hanafi legal school as the predominant source of legal thought in the Islamic empire and providing a legal framework for defining and restricting caliphal authority in regard to fiscal policy.
List of Works
- Kitab al-Kharaj, his most famous work, is a treatise on taxation and fiscalFinance"Finance" is often defined simply as the management of money or “funds” management Modern finance, however, is a family of business activity that includes the origination, marketing, and management of cash and money surrogates through a variety of capital accounts, instruments, and markets created...
problems of the state prepared for the caliph. - Usul al-fiqhUsul al-fiqhUṣūl al-fiqh is the study of the origins, sources, and principles upon which Islamic jurisprudence is based. In the narrow sense, it simply refers to the question of what are the sources of Islamic law...
- the earliest known work of principles of Islamic jurisprudence. A portion of his works were devoted to international lawInternational lawPublic international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
. - Kitab al-Athar, a collection of traditions (ahadith) he narrated
- Kitab Ikhtilaf Abi Hanifa wa Ibn Abi Layla, one of the early works on comparative FiqhFiqhFiqh is Islamic jurisprudence. Fiqh is an expansion of the code of conduct expounded in the Quran, often supplemented by tradition and implemented by the rulings and interpretations of Islamic jurists....
- Kitab al-Radd ‘Ala Siyar al-Awza’i, a refutation of the famous Syrian jurist and tradition, al-Awza’i on the law of war.