Abstract

Abu Hanifah, the founder of the Hanafi School, holds that an unjust person or the one who commits major sins is not entitled to rule the Muslim community. However, as the attempt to forcefully remove such a ruler may lead to bloodshed and disorder, Abu Hanifah did not allow such an attempt unless it could be proved that it was the lesser of the two evils. Moreover, Abu Hanifah was of the view that all the lawful commands of such an unjust ruler must be obeyed till he remained in power. However, he accepted the consequences of de facto authority for such a ruler under the doctrine of necessity. The manuals of law-proper in the Hanafi School show that the Hanafi School officially accepted the foundations of the position of Abu Hanifah in recognizing the limited right the community to remove an unjust ruler. The right stems from the concept of commanding good and forbidding evil which, according to the Hanafi law, is a universal obligation. However, like other obligations, it also has some prerequisites as well as legal obstacles which must be observed in order to avoid greater mischief.