Ya'qub ibn Ibrahim al-Ansari (), better known as Abu Yusuf () (729–798) was an

Islamic jurist Islam is an Abrahamic monotheistic religion based on the Quran, and the teachings of Muhammad. Adherents of Islam are called Muslims, who are estimated to number 2 billion worldwide and are the world's second-largest religious populatio ...

, as well as a student of

Abu Hanifa Abu Hanifa (; September 699 CE – 767 CE) was a Muslim scholar, jurist, theologian, ascetic,Pakatchi, Ahmad and Umar, Suheyl, "Abū Ḥanīfa", in: ''Encyclopaedia Islamica'', Editors-in-Chief: Wilferd Madelung and, Farhad Daftary. and epony ...

(d.767) and

Malik ibn Anas Malik ibn Anas (; –795) also known as Imam Malik was an Arab Islamic scholar and traditionalist who is the eponym of the Maliki school, one of the four schools of Islamic jurisprudence in Sunni Islam.Schacht, J., "Mālik b. Anas", in: ''E ...

(d.795), who helped spread the influence of the

Hanafi The Hanafi school or Hanafism is the oldest and largest Madhhab, school of Islamic jurisprudence out of the four schools within Sunni Islam. It developed from the teachings of the Faqīh, jurist and theologian Abu Hanifa (), who systemised the ...

school of

Islamic law Sharia, Sharī'ah, Shari'a, or Shariah () is a body of religious law that forms a part of the Islamic tradition based on scriptures of Islam, particularly the Qur'an and hadith. In Islamic terminology ''sharīʿah'' refers to immutable, intan ...

, and was notable for having introduced the

Maliki The Maliki school or Malikism is one of the four major madhhab, schools of Islamic jurisprudence within Sunni Islam. It was founded by Malik ibn Anas () in the 8th century. In contrast to the Ahl al-Hadith and Ahl al-Ra'y schools of thought, the ...

-like position of

Urf () is an Arabic Islamic term referring to the custom, or 'knowledge', of a given society. To be recognized in an Islamic society, must be compatible with Sharia.H. Patrick Glenn, ''Legal Traditions of the World''. Oxford University Press, 200 ...

being a valid source of sunnah, that could overrule literary traditions.

Biography

Abu Yusuf lived in

Kufa Kufa ( ), also spelled Kufah, is a city in Iraq, about south of Baghdad, and northeast of Najaf. It is located on the banks of the Euphrates, Euphrates River. The estimated population in 2003 was 110,000. Along with Samarra, Karbala, Kadhimiya ...

and

Baghdad Baghdad ( or ; , ) is the capital and List of largest cities of Iraq, largest city of Iraq, located along the Tigris in the central part of the country. With a population exceeding 7 million, it ranks among the List of largest cities in the A ...

, in what is now

Iraq Iraq, officially the Republic of Iraq, is a country in West Asia. It is bordered by Saudi Arabia to Iraq–Saudi Arabia border, the south, Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq border, the east, the Persian Gulf and ...

, during the 8th century. His genealogy has been traced back to

Sa'd ibn Habta Saad () is a common male Arabic given name. The name stems from the Arabic verb ( 'to be happy, fortunate or lucky'). ''Saad'' is the stem of variant given names Suad and Sa‘id. It may be a shortened version of Sa'd al-Din, and is not to ...

, a youth in

Medina Medina, officially al-Madinah al-Munawwarah (, ), also known as Taybah () and known in pre-Islamic times as Yathrib (), is the capital of Medina Province (Saudi Arabia), Medina Province in the Hejaz region of western Kingdom of Saudi Arabia, ...

in the time of the Prophet, and his birth date is estimated based on 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 mother disapproved of his academic desires, insisting that he master some trade (the art of tailoring, according to some source) so as to help make ends meet. While it cannot be fully verified, stories suggest that he complied with his mother's wishes, but also kept up his academic studies. His talent and commitment was eventually recognized by

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

school of

. Abu Yusuf lived in Kufa until he was appointed

Qadi A qadi (; ) is the magistrate or judge of a Sharia court, who also exercises extrajudicial functions such as mediation, guardianship over orphans and minors, and supervision and auditing of public works. History The term '' was in use from ...

in Baghdad. It is unclear whether he was appointed by

al-Mahdi Abū ʿAbd Allāh Muḥammad ibn ʿAbd Allāh al-Manṣūr (; 744 or 745 – 785), better known by his regnal name al-Mahdī (, "He who is guided by God"), was the third Abbasid Caliph who reigned from 775 to his death in 785. He succeeded his ...

al-Hadi Abū Muḥammad Mūsā ibn al-Mahdī al-Hādī (; 26 April 764 CE 14 September 786 CE) better known by his laqab al-Hādī () was the fourth Arab Abbasid caliph who succeeded his father al-Mahdi and ruled from 169 AH (785 CE) until his death in 1 ...

, or

Harun al-Rashid Abū Jaʿfar Hārūn ibn Muḥammad ar-Rāshīd (), or simply Hārūn ibn al-Mahdī (; or 766 – 24 March 809), famously known as Hārūn al-Rāshīd (), was the fifth Abbasid caliph of the Abbasid Caliphate, reigning from September 786 unti ...

. 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

. 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 The Abbasid Caliphate or Abbasid Empire (; ) was the third caliphate to succeed the prophets and messengers in Islam, Islamic prophet Muhammad. It was founded by a dynasty descended from Muhammad's uncle, Abbas ibn Abd al-Muttalib (566–653 C ...

caliph,

, who eventually granted him the title of Grand

, 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.

Literary works

During his lifetime, Abu Yusuf created a number of literary works on a range of subjects including

Islamic jurisprudence ''Fiqh'' (; ) is the term for Islamic jurisprudence.Fiqh
Encyclopædia Britannica ''Fiqh'' is of ...

, international law, narrations of collected traditions (''ahadith''), and others. The ''

Kitāb al-Fihrist The () (''The Book Catalogue'') is a compendium of the knowledge and literature of tenth-century Islam compiled by Ibn al-Nadim (d. 998). It references approx. 10,000 books and 2,000 authors.''The Biographical Dictionary of the Society for the ...

'', a bibliographic compilation of books written in the 10th century by

Ibn al-Nadim Abū al-Faraj Muḥammad ibn Isḥāq an-Nadīm (), also Ibn Abī Yaʿqūb Isḥāq ibn Muḥammad ibn Isḥāq al-Warrāq, and commonly known by the '' nasab'' (patronymic) Ibn an-Nadīm (; died 17 September 995 or 998), was an important Muslim ...

, 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,

.Shemesh, Aharon Ben. Taxation in Islam (Including Translation of Kitab al-Kharaj). 2nd Edition, revised. Brill Archive, 1967. 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.Coşgel, Metin, Rasha Ahmed and Thomas Miceli. "Law, State Power, and Taxation in Islamic History." Journal of Economic Behavior & Organization 71.3 (2009): 704-717. 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,

and

Ibn Abi Layla Muhammad ibn Abd al-Rahman ibn Abi Layla (; 693 – 765), also known as Ibn Abi Layla, was an early Muslim jurist who served as the ''qadi'' (judge) of Kufa from until his death. Considered to be one of the leading figures of the ''ahl al-ra'y ...

. ''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 Abū ʿAmr ʿAbd al-Raḥmān ibn ʿAmr al-Awzāʿī (; 707–774) was a Sunni Muslim scholar, jurist, theologian, and the chief representative and eponym of the Awza'i school of Islamic jurisprudence. Biography Awzāʿī was of Sindhi origi ...

. 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 Abū ʿAbd Allāh Muḥammad ibn al-Ḥasan ibn Farqad ash-Shaybānī (; 749/50 – 805), known as Imam Muhammad, the father of Muslim international law, was an Arab Muslim Ulama, jurist and a disciple of Abu Hanifa (later being the eponym o ...

Doctrine and Methodology

As a disciple of

, Abu Yusuf's doctrine largely presupposes that of his mentor. His writings and prominent political positions helped advance the

school of Islamic law throughout the Islamic empire. While most of his legal opinions (''

fatwas A fatwa (; ; ; ) is a legal ruling on a point of Islamic law (sharia) given by a qualified Islamic jurist (''faqih'') in response to a question posed by a private individual, judge or government. A jurist issuing fatwas is called a ''mufti'', ...

'') 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. 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 A tax is a mandatory financial charge or levy imposed on an individual or legal person, legal entity by a governmental organization to support government spending and public expenditures collectively or to Pigouvian tax, regulate and reduce nega ...

and fiscal problems of the state prepared for the caliph.

John Esposito John Louis Esposito (born May 19, 1940) is an American academic, professor of Middle Eastern studies, Middle Eastern and religious studies, and scholar of Islamic studies, who serves as Professor of Religion, International Affairs, and Islamic S ...

The Oxford Dictionary of Islam ''The Oxford Dictionary of Islam'' is a dictionary of Islam, published by the Oxford University Press, with John Esposito as editor-in-chief. Overview The dictionary contains over 2,000 entries on a wide range of Islamic related topics. Refere ...

Oxford University Press Oxford University Press (OUP) is the publishing house of the University of Oxford. It is the largest university press in the world. Its first book was printed in Oxford in 1478, with the Press officially granted the legal right to print books ...

, 2003 *

Usul al-fiqh Principles of Islamic jurisprudence () are traditional methodological principles used in Islamic jurisprudence (''fiqh'') for deriving the rulings of Islamic law (''sharia''). Traditional theory of Islamic jurisprudence elaborates how the scri ...

- the earliest known work of principles of Islamic jurisprudence. A portion of his works were devoted to

international law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...

. *''Kitab ul-Aathar'', a collection of traditions (''ahadith'') he narrated. *''Kitab Ikhtilaf Abi Hanifa wa Ibn Abi Layla'', one of the early works on comparative

fiqh ''Fiqh'' (; ) is the term for Islamic jurisprudence.Fiqh
Encyclopædia Britannica ''Fiqh'' is of ...

*''Kitab al-Radd ‘Ala Siyar al-Awza’i'', a refutation of the famous Syrian jurist and tradition,

on the law of war.

Early Islam scholars

References