The Concept of Mahall Al-K̲h̲abar According to the Hanafiyya Methodologists: Issues that form the Subject of the Notice

There are many issues related to the Sunnah, which is one of the main sources of Shariah knowledge and rulings. K̲h̲abar al-wāḥid, which constitute an important part of fiqh rules, is one of them. Although the information and source value of the k̲h̲abar al-wāḥid had been extensively studied, its evidence in terms of the subject it is related to has not attracted much attention today. K̲h̲abar al-wāḥid has been accepted as evidence by fuḳahāʾ/jurisconsults and usûliyyûn and has been processed from different aspects. In fact the k̲h̲abar, it is composed of three elements: the one who conveys the k̲h̲abar, the one to whom the k̲h̲abar is conveyed, and the subject of the k̲h̲abar. Unlike other mad̲h̲āhib, the Ḥanafī mad̲h̲hab had put forward some conditions, especially regarding the subject of the k̲h̲abar, in addition to the conditions related to the conveyor of the k̲h̲abar in order to be a proof/ hujjat for the khabar. The person to whom the news is conveyed may be a judge or a muftī or a mukallaf. In this case, with regard to the current k̲h̲abar, the judge or muftī will be able to rule for or against someone, while the mukallaf will be able to make a judgment for or against himself. Therefore, the k̲h̲abar al-wāḥid will be legally and conscientiously binding. In the theory of Islamic law, rights are basically divided into two as “ḥuḳūḳ Allāh/the rights of God” and “ḥuḳūḳ al-ādamiyyīn/the rights of the servants”. The Ḥanafī mad̲h̲hab who deal with the subject of the k̲h̲abar in the light of this division; they had tied the legal validity of the k̲h̲abar al-wāḥid covering any of the relevant rights to certain conditions. Ḥanafiyya has considered that it necessary for the rāwī to have the characteristics of mind, restraint, justice and Islam for the k̲h̲abar about worship, which is one of the rights of God, to be a source of judgment. At this point, the quantity of rāwī is not a must for them. In the field of ʿuḳūba, which is another right of God, Ḥanafiyya have shown two different approaches in terms of being a source of judgment of khabar al-wahid, especially in the subject of crimes that require the punishment of ḥadd. According to the first of these approaches, it is permissible to prove the ḥadd punishments with the k̲h̲abar al-wāḥid. At this point, those who hold this view have compared the k̲h̲abar al-wāḥid with the bayyina, which is one of the definitive proofs, and finally, they have found it permissible. According to the second approach, it is not permissible. Because, according to them, it is not possible to compare the k̲h̲abar al-wāḥid with the bayyina. Ḥanafiyya has considered human rights in three parts, which are strictly binding, non-binding and binding in one way. In addition to the conditions they have adopted some circumstances related to the rāwī, as only binding k̲h̲abar al-wāḥid about human rights to be a source of judgment, they have required the rāwī to have the capacity to acquire rights, to use testimony expression while giving testimony, and to have the necessary amount of witnesses if it is necessary. They have considered that it sufficient for the rāwī to be mumayyiz to be a source of judgment for k̲h̲abar al-wāḥid which is not merely obligatory. For the k̲h̲abar al-wāḥid that obliges in a way to be a source of judgment, Abū Ḥanīfa has stipulated the quantity of witnesses and the qualification of justice, as well as the conditions that must be present in the rāwī. On the other hand, Abū Yūsuf and Imām Muḥammad have deemed it sufficient for the rāwī to be mumayyiz. When the concept of k̲h̲abar al-wāḥid is taken into account, especially in the first three periods; that is, the akhbār narrated in the periods of the Ṣaḥāba, Tābiʿūn and atbâʿ at-Tābiʿūn periods have been understood. When it is considered in general terms, in addition to the first three periods, the akhbār transmitted by at least one person in the following periods are understood. It can be said that while the ahl al-ḥadīt̲h̲ and the methodologists of mutakallimūn develop a theory of khabar al-wahid in line with the meaning of the term, Ḥanafiyya try to develop a theory by taking into account the general meaning of the concept. The theory of k̲h̲abar al-wāḥid, developed in line with the meaning of the term, is based only on the rāwī, and the proof value of the k̲h̲abar has been tied to the conditions specified about the rāwī. Therefore, the k̲h̲abar -as of the subject- has not been taken into consideration in terms of being a proof. On the other hand, Ḥanafiyya had not dealt with the evidence of the k̲h̲abar only in terms of the rāwī, but also had evaluated it from the perspective of the subject of k̲h̲abar. We had tried to deal with this subject in our study too.