Diversity In The Topics of Fiqh Chapter 2
Diversity In The Topics of Fiqh Chapter 2
THE FUQAHA
To understand any system thoroughly, it is imperative to get acquainted with its scholars, particularly those who have made significant contribution to its development. And in the course of that study, one comes across their important works which over a period have become the sources of reference.
Ilmul Fiqh was meticulously recorded to form a valuable literature during the last eleven centuries, which still exists, and has been constantly studied in the Islamic seminaries. Eminent scholars were able to train numerous students who in turn trained their students in this branch of Islamic knowledge. This tutorpupil chain has remained unbroken till today.
No doubt, other sciences like Philosophy, Logic, Mathematics and Medicine are much older and volumes written on those topics date much earlier. Yet they cannot be compared to FIQH which has been a growing science with a continuous line of tutorpupil relationship. Of course, we make this assertion keeping the Islamic colleges in view. It has been a fortunate practice of Muslim scholars that they always identified great scholars according to the generation to which they belonged. This was first done in respect of Ulama of Hadith, to be followed later for the Ulama of other branches of Islamic learnings. Special books were written to categorise the generations, like TABAQATUL FUQAHA by Abu Ishaq Shirazi, TABAQATUL ATIBBA by Ibn Abi Usayaba, TABAQATUL NNAHWIYYIN and TABAQATUL SSUFIYYA by Abu Abd alrahman Silmi.
However, as far as the generation of FUQAHA is concerned, the works which exist are those written by Sunni scholars. We do not know of any Shia work on the subject, with the result that we have to rely on various biographical sketches and other books of IJAZAT wherein tutors have certified the abilities of their pupils and allowed them to transmit the Traditions further to their students.
In the following paragraphs, we wish to acquaint ourselves with some of the most outstanding FUQAHA of Shia sect, together with their notable contributions. In so doing, we hope to identify them in accordance with the generations to which each belonged.
SHIA FUQAHA
For two obvious reasons, we have to begin the history of Shia FUQAHA from the era of GHAYBATeSUGHRA, i.e. minor occultation. (260 AH 329 AH). First, the era preceding GHAYBAT-eSUGHRA is an era during which the holy Imams were present, and although there were many men of knowledge and accomplishments who were trained by the Imams themselves, people always tried their best to refer to the Imams rather then to the Ulama. Even the Ulama travelled far and wide to reach the Imams, so as to solve the problems they faced. Thus, in the era when Imams were present and accessible, other scholars were eclipsed. Secondly, the literature we have at our disposal on FIQH commences from the era of GHAYBATe-SUGHRA. We cannot trace, or rather are unable to trace, any literature compiled on the subject in the earlier era.
However, many great FUQAHA lived in the period of our holy Imams, and they are well known for their distinction and excellence when compared to their contemporaries from other schools of thought. Ibn alNadeem in his famous ALFIHRIST has a complete chapter on the FUQAHA of Shia, and mentions their works on FIQH or Hadith with deep reverence. For example, for Husain b. Saeed Ahwazi, he says: ” In his time, he had the widest knowledge of FIQH, Islamic Traditions and Ethics”. Similarly, he eulogises Ali b. Ibrahim Qummi by saying: “He is among the great scholars and FUQAHA”. Again, when mentioning Muhammad b. Hasan b. Ahmed b. alWaleed Qummi, he says: “To his credit is the great and comprehensive work on FIQH”.
It must be known that the works on FIQH to which reference has been made above were of a different nature. They were principally compilation of those Hadith which they believed to be sound and authentic and according to which they acted. So, they can safely be categorised as the books of Hadith bearing a stamp of the writers\’ considered opinions.
Muhaqqiq Hilli, the maternal uncle and teacher of Allama Hilli writes:
“In view of the fact that we have a great number of FUQAHA who have copiously written on the subject, it is not possible for me to quote all of them. I have selected from those who were best known for their research and scholarship, quoting their Ijtehad, and the opinions they adopted for action. From amongst the earlier ones, I have selected Hasan b. Mahboob, Ahmed b. Abi Nasr Bezanti, Husain b. Saeed Ahwazi, Fadhl b. Shadhan Nisaburi, Yunus b. Abd alRahman. They lived during the presence of our Imams. From the later group, I quote Muhammad b. Babawayh Qummi (popularly known as Shaikh Sadooq) and Muhammad b. Yaqoob Kulaini.
As for the people of Fatwa, I consider the verdicts of Askafi, Ibn Abi Aqeel, Shaikh Mufeed, Seyyid Murtadha Alamul Huda and Shaikh Tusi.”
Evidently, Muhaqqiq Hilli, despite his high regard for the earlier Ulama and for their independent opinions, excludes them from those who he calls “the people of Fatwa”. This is because the earlier Ulama wrote books in the form of collections of Hadith, indirectly indicating their opinions and verdicts by the selection of those Traditions which they considered sound. Their works never came out in the form of clear and direct fatwa.
SUMMARY
We have briefly introduced 40 great lives from the world of FIQH, starting with the era of GhaybateSughra till the onset of fifteenth century Hijra. These were the prominent jurisconsults of Shia sect whose names and works have guaranteed the life and growth of Islamic Shariah. However, it must be mentioned that there were many others whose contributions cannot be underestimated, and some o them have been referred to in this brief treatment. Following important points emerge from the above:
a) Fiqh has had a continuous growth right from the third century Hijra, and it has been taught and developed incessantly in the great Shia seminaries. If we were to take the example of Ayatullah Seyyid Abul Qasim ElKhoee, we can connect him upwards with his masters one generation after another, forming a glorious chain which links with the era of our Imams (AS). This continuity is unique in Islam and what is more noteworthy is that the continuity made Islamic guidance available to the Ummah at all times and in varying circumstances .
The reason for starting from the third century Hijra is not because no FUQAHA existed before that time. It is because the era earlier than GhaybateSughra was the era of our Imams (AS) and in their presence FUQAHA obviously were eclipsed. However, we know their namev and we also possess a list of their works on fiqh. For example, the earliest work on record is the book on Fiqh written by Ali b. Rafe\’ who lived during the time of Imam Ali b. Abu Talib (AS). Ali b. Rafe\’s brother Abdullah was Imam Ali\’s (AS) scribe as well as official in charge of Treasury.
b) It is not true to say that fiqh and other Shia teachings were promulgated by the Iranians alone. Till tenth century Hijra, the contribution mainly sprang from nonIranian sources. Later, during the Safavid rule in Iran, Iranian scholars became major contributors.
c) Iran has not always been the centre of FIQH. In fact, the earliest organised Shia Centre of FIQH is traced in Baghdad, followed by Najaf during the days of Shaikh Tusi. Later, it was matched by Jabal Amel (Lebanon), Hilla (Iraq) and Aleppo (Syria). Isfehan (Iran) became known as a centre of FIQH during the Safvid regime, but at the same time Muqaddes Ardabili revived the Hawza of Najaf.
As far as Qum is concerned, it had a progressive Hawza during the bloom of Baghdad, centred around personalities like Ibn Babawayh, Ibn Qawlawayh and others. Then there was a period of decline, till its regeneration during the Qajar dynasty, under the supervision of Mirza Abul Qasim Qummi, the author of monumental \’QAWANIN\’. With the growth of Hawza in Najaf, Qum again withered away till the third revival took place under Shaikh Abdulkarim alHaeri in 1340 AH. Today, as we pen these lines, Qum is the greatest seminary of FIQH and other Islamic branches of knowledge. With the onslaught of BA\’THIST infidelity in Iraq, the Hawza of Najaf has disintegrated. Hopefully, this is one of the temporary phenomena which make their appearance in history. Allah knows best, and upon Him we rely.
No doubt, the growth of smaller Hawzas in Iran had been noticeable, and they were quite prolific. Mention should be made of FIQH being taught at its highest level in MASHHAD, HAMDAN, SHIRAZ, YAZD, KASHAN, TABREEZ, ZANJAN, QAZWAIN, and KHWANSAR. But these never grew up to reach the magnitude of Hawza in Qum.
d) It must be acknowledged that the impact of FUQAHA of JABAL AMEL, like Muhaqqiq Karaki and Shaikh Bahai, has been great and decisive. The Safavids themselves, as it is known, were more inclined towards TASAWWUF and mysticism. Had it not been for these FUQAHA who decided to migrate and live in Iran, establishing the great college of Isfehan, Iran would not have been what it is today in as far as promulgation and development of FIQH is concerned.
e) As Shakeeb Arsalan has mentioned, Shia School in Jabal Amel is centuries older than the one in Iran. Some historians have indicated that the school of Ahlul Bait (AS) in Jabal Amel was established by Abu Dhar Ghifari, the noble companion of our Prophet (s.a.w). Abu Dhar lived in Sham which in those days included all or parts of Lebanon, condemning the wealth being unscrupulously amassed by Mua\’wiyah and his lackeys, at the same time preaching the Shia faith.