Abstract
Hacı Sherif Ahmed Rashid Pasha, originally from Safranbolu, was born
in Istanbul in 1858 and passed away in 1918. Having served as the governor of
Mosul and the Hejaz in the last period of the Ottoman Empire, he was a prominent figure in Islamic law, history and literature, and is known for reviving one
of the twelve works of Abū Ĥanīfa. The state is his treatise. The treatise was
written in Ottoman Turkish, it totals 24 pages, and was published in 1328/1911
in Istanbul. The treatise, which touches on the aspects of Abū Ĥanīfa as Imām
A‘žam, contains important information that sheds light on the historical processes of the Islamic sciences. In the treatise, while explaining the scientific
capacity of Imām A‘žam and its effect on the studies carried out in the following
periods, it states that he is the founder and leader of both the science of fiqh
and kalam; this emphasis is likewise made in various other sources. The treatise
introduces Imām A‘žam as one who did not possess slaves, who engaged in free
thought without conceding to case-based reasoning, and allows others to freely
explain their opinion without suppressing mujtahids (legal scholars).
Hacı Sherif Ahmed Rashid Pasha, who had a great command of law and
the history of sciences and was also known as a poet, authored twelve works in
the field of law, history, and literature. The work of Imām A‘žam, the state is a
short treatise that focuses on his political life.
In the work, the scholarly position of Imām A‘žam and his political attitude
towards the ‘Umayyad and ‘Abbāsid administration are brought to the fore.
Some have held that the work was appropriated as the state of Imām A‘žam
because of his political posture against the wrong actions of the ‘Umayyad and
‘Abbāsid administration. The work presents Imām A‘žam’s political concerns
with regards to several events. One of the most important of these is where
the ‘Umayyad and ‘Abbāsid states offered Imām A‘žam a position as a judge
in order that he may ratify their decisions and ensure their acceptance by the
public. Imām A‘žam, however, refused to accept the duty of judgeship, notwithstanding he considered it legitimate and even necessary for those who were
competent to take office.
The work which remains in manuscript was written in Ottoman Turkish
on 9 Zilhicce 1327 / 9 November 1325 (December 22, 1909) as stated on the
last page. It was published in 1328/1911 by the Printing Press Hayriyye in
Cağaloğlu, Istanbul, with a total of 24 pages. On the first page of the work,
the author is described as the “Governor of Esbak Mosul, Haji Rashid Pasha,
Graduate from the School of Law” .Imām A‘žam is known for having engaged
in the science of kalam and defending the Companions and the beliefs of the
people at that time against his opponents. As a result of this, he composed a
treatise on Islamic creed entitled al-Fiqh al-Akbar as his first work.Abū Ĥanīfa
acted as a guide and leader for Imām Ash‘arī, who came two centuries later and
was considered a leader of the followers of the Ahl al-Sunnah. All the efforts
put forward by Ash‘arī and Māturīdī was based on explaining Imām A‘žam’s
al-Fiqh al-Akbar, in particular its proofs, and to also render its contents more
comprehensible. For this reason, Abū Ĥanīfa was deemed Imām A‘žam not only
in the science of fiqh but also in kalam and creedal thought.Sources explain the
reasons for why Imām A‘žam eventually inclined towards fiqh and moved away
from kalam as he saw fiqh and its objectives to be more significant and useful
compared to all other sciences. Imām A‘žam, who tells us of the great delight
he obtained from the science of fiqh, decided that the joy of the world and the
afterlife could only be achieved through the science of fiqh, which is ultimately
why he devoted his entire career to its advancement.
Although Imām A‘žam did his best to avoid political entanglement, he
was nonetheless imprisoned by the ‘Umayyad and ‘Abbāsid administrations and
was also subjected to torture.Imām A‘žam was first to classify the science of
fiqh, which he placed under specific headings. He further divided the subjects
of fiqh into books and chapters, beginning with the subject of worship, then
with issues related to transactions, followed by issues of ‘uqūbāt which included
crime and punishment. Imām A‘žam completed the subjects of fiqh with his
Kitāb al-Farā’iđ which includes issues dealing iwith inheritance. Abū Ĥanīfa is
referred to as Imām A‘žam because of the fact that he established Islamic legal
rulings on a firm foundation and, moreover, had an exceptional understanding
of the Quran and the Sunna, and also since his vision was sound and reliable and
possessed many virtues. Historically, in the Muslim world, whose numbers till
this very day has reached billions over the span of fourteen centuries, we may
admit only a few persons who were commemorated with such superior qualities
after the Companions. Having been dubbed as Imām A‘žam, Abū Ĥanīfa was
revered by many Muslims across history and was held in high esteem.
Even Imām Shāfi‘ī admired Imām A‘žam with the saying: “people are
the offspring of Abū Ĥanīfa in fiqh.” Imām Mālik is also known to have had
scholarly discussions with Imām A‘žam. Imām Shāfi‘ī also learned about Imām
A‘žam’s legal reasoning from Imām Muĥammad, a discipline founded by Imām
A‘žam which he in turn had taught to Imām Aĥmad b. Ĥanbal. Although
Imām Mālik, Imām Shāfi‘ī and Imām Aĥmad founded an independent school
of legal thought, they adhered to the procedures established by Imām A‘žam,
as is evident in their compiled works. For this reason, Imām Shāfi‘ī’s and Imām
Aĥmad b. Ĥanbal’s legal reasonings are valuable to the science of fiqh. Imām
A‘žam’s legal school followed by that of Imām Shāfi‘ī’s are the most widespread
in the Muslim world today. In the Ottoman State courts, Ĥanafī fiqh was
applied and enacted.Imām A‘žam is also known as Imām al-Aĥrār, which is
suggestive of him as the leader of free thought. He developed his own legal
framework and principles on the basis of free thought and did not limit his
views on any matter. Imām A‘žam was also an astute literary critic. His usage of language in an eloquent and accurate manner was recognized by many.
Imām A‘žam made reference to any given science when necessary; writers are
also known to have benefitted from his articulate speech. Imām A‘žam was not
only the foremost jurisconsult of the century in which he was found, but is also
the leading one in the present century. All the scholars who have emerged in
every century have benefited from the legal framework and knowledge of Imām
A‘žam. For this reason, Imām A‘žam is considered to be the Mu‘allim al-Awwal
(the First Teacher). Muslims were bound to the legal reasoning of Imām A‘žam
and followed his path in this way. Legal scholars in general had also recognized
the great value of his knowledge.
Consequently, Imām A‘žam had experienced a great deal of suffering towards the end of his life. He passed away in a prison in Baghdad at the age of
seventy in 150 of the Hegira for refusing to accept the post of qadi. He was
buried in a place named Khayzuran east of Baghdad.Treatises written in Ottoman Turkish in more later periods contain valuable information that could
reacquaint us with our past and likewise shed light on our future. These works
should be transcribed into modern Turkish and made readily available to the
public. A markedly strong connection with the past will indeed ensure the enlightenment of the future.