Fatwa #935415 August 2003Pakistan
Is it true that it is written in the Hanafi book of Al Hidaya that if a king/Amir/Khalifa commits adultery than the punishment for him is not as it is for an ordinary Muslim?
Question
Assalamoalaikum Mufti sahab! some salafi's say that the hanafi book Al Hidaya was written centuries after Imam Abu Hanifa, similarly fatawa alamgiri was written much after his death therefore it cannot contain authentic Imam AbuHanifa's rulings as it cannot be verified. JazakAllahum ul khair
Answer
1. According to our understanding, this is definitely not the case. However, we would really appreciate it if you could furnish us with specific references, i.e. chapter, vol., pg. no., etc. for our perusal.
2. This argument does not hold any weight. These books have been written much later after the demise of Imaam Abu Hanifa. However, the content of the books have its roots from Imaam Abu Hanifa (RA), e.g. Mabsoot is a book written by Imaam Muhammad, a student of Imaam Abu Hanifa which has been extensively in compiling Hidaaya and Aalamgiri. Hence, these Ulama have relied on those preceding, then thereby establishing the link to Imaam Abu Hanifa. The same has been used in the compilation of Hadith, e.g. Imaam Bukhari (ra) did not exist during the time of Nabi (Sallallaahu Alayhi Wasallam), however, his book Bukhari is the most authentic book on the sayings of Rasulullah (Sallallaahu Alayhi Wasallam).
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai</
2. This argument does not hold any weight. These books have been written much later after the demise of Imaam Abu Hanifa. However, the content of the books have its roots from Imaam Abu Hanifa (RA), e.g. Mabsoot is a book written by Imaam Muhammad, a student of Imaam Abu Hanifa which has been extensively in compiling Hidaaya and Aalamgiri. Hence, these Ulama have relied on those preceding, then thereby establishing the link to Imaam Abu Hanifa. The same has been used in the compilation of Hadith, e.g. Imaam Bukhari (ra) did not exist during the time of Nabi (Sallallaahu Alayhi Wasallam), however, his book Bukhari is the most authentic book on the sayings of Rasulullah (Sallallaahu Alayhi Wasallam).
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai</