Shia Islam: Sh\u012b\u02bfa contributions to Islamic civilization \/ 33 \u2013 c<\/p>\n
Principles of Jurisprudence (U\u1e63\u016bl al-Fiqh)
\nIt is quite obvious that deriving laws from the Qur\u2019an, traditions, the Prophet\u2019s biography, consensus and reason depends on establishing general principles to serve as the basis for inferring laws, and practical laws in particular. This need is even more pronounced when dealing with issues that are not explicitly dealt with in the Qur\u2019an and Sunnah.<\/p>\n
Since the Caliphs prevented the collection of the Prophet\u2019s traditions, the number of authentic narrations from the Prophet on legal issues are no more than five hundred. The writer of al-Man\u0101r says that the number of authentic traditions concerning laws do not exceed five hundred; at the same time, there is a collection of four thousand with incomplete chains of narration, which are of great help to jurists. (al-Wa\u1e25\u012b al-Mu\u1e25ammad\u012b, 6th Ed., 212. )<\/p>\n
In his commentary, he says that the source of laws should be the opinions of the people, unless these run contrary to the Qur\u2019an and the Sunnah. However, there are very few explicit cases of contradiction. (Al-Manar, Vol. 5, p. 189)<\/p>\n
While he considers the number of legal traditions to be no more than five hundred, Ibn \u1e24ajar Asqal\u0101n\u012b in his book Bul\u016bgh al-Mur\u0101m extends their number to 1596. However, many of these are actually ethical and do not entail religious laws.<\/p>\n
Because Sunni scholars lacked traditions to deal new issues, they had to resort to conjectural evidence such as analogy (qiy\u0101s), inductive reasoning, jurisprudential preference (isti\u1e25s\u0101n), public interest, the practice of the Caliphs, the practice of the Companions, or the opinions of the scholars of Medina. But all of these kinds of evidence are speculative in nature, which means they cannot be attributed to God and the Prophet. Nevertheless, in order to discuss these conjectural rules they built a body of knowledge known as U\u1e63\u016bl al-Fiqh (legal theory or Principles of Jurisprudence).<\/p>\n
However, since Sh\u012b\u02bfa scholars consider the traditions of the Prophet\u2019s Household to be as decisive as those of the Prophet and that their teachings are identical with the Prophet\u2019s Sunnah, they have not followed the same approach as their Sunni brethren. Yet, they also had to build a body of knowledge like U\u1e63\u016bl al-Fiqh because it is only on the basis of a series of rules that we can act upon a Sunnah that is proved by solitary narration (khabar al-w\u0101\u1e25id) and consider it as part of the divine law. Sh\u012b\u02bfa scholars, while rejecting conjectural approaches, formulated principles on the basis of the Qur\u2019an, Sunnah, consensus and reason and thus established the foundation for the knowledge of U\u1e63\u016bl al-Fiqh. Now, we will introduce the founders of Sh\u012b\u02bfa U\u1e63\u016bl al-Fiqh:<\/p>\n
Hish\u0101m b. \u1e24akam (d.199 AH): He is the author of a book entitled al-Alf\u0101\u1e93. (Naj\u0101sh\u012b, no. 1165) It is not clear if this was a dictionary, a literary work, or a grammar book about the grammatical moods such as imperatives and negatives. In the latter case it would include some issues of U\u1e63\u016bl al-Fiqh.
\nYunus b. \u02bfAbd al-Ra\u1e25m\u0101n (d. 360 A. H): He is the author of a working on how to deal with contradictory legal evidences. (Ibid., no. 420)
\nIsm\u0101\u02bf\u012bl b. \u02bfAl\u012b b. Is\u1e25\u0101q b. Ab\u012b Sahl b. Nawbakht (237-310 A.H): He is the author of al- Khu\u1e63\u016b\u1e63 wa al-\u02bfUm\u016bm (Ibid., no. 67). Ibn al-Nad\u012bm has mentioned his works, including the above work and others such as Ib\u1e6d\u0101l al-Qiy\u0101s, and the other as Naq\u1e0d Ijtih\u0101d al-Ra\u02be\u012b \u02bfal\u0101 Ibn R\u0101wand\u012b. (Ibn al-Nad\u012bm, Fihrist, 225)
\nAb\u016b Mu\u1e25ammad al-\u1e24asan b. M\u016bs\u0101 al-Nawbakth\u012b: He is a scholar of the Third Century. He has a book entitled al- Khu\u1e63\u016b\u1e63 wa al-\u02bfUm\u016bm and another one named al-Khabar al-W\u0101\u1e25id wa al-\u02bfAmal bih. (Naj\u0101sh\u012b, no. 146)
\nAb\u016b Man\u1e63\u016br \u1e62arr\u0101m N\u012bsh\u0101b\u016br\u012b: A scholar of the Third and Fourth Century. He wrote a book entitled Ib\u1e6d\u0101l al-Qiyas. (\u1e6c\u016bs\u012b, Fihrist, no. 588)
\nMu\u1e25ammad b. D\u0101w\u016bd b. \u02bfAl\u012b (d. 368 AH): Naj\u0101sh\u012b says that he is a leader of the Imami school. He has a book entitled al-\u1e24ad\u012bthayn al-Mukhtalifayn. (Rij\u0101l An-Naj\u0101sh\u012b, no. 246)
\nMu\u1e25ammad b. A\u1e25mad b. Junayd (d. 381AH): He was a well-known Sh\u012b\u02bfa scholar who held some unique opinions in jurisprudence. He authored a book entitled Kashf al-Tamwiyya wa al-Iltib\u0101s f\u012b Ib\u1e6d\u0101l al-Qiy\u0101s. (Ibid., no. 1048)
\nSh\u012b\u02bfa jurists in this stage of jurisprudence\u2019s development focused only on particular issues and not on the principles of jurisprudence as a whole. However, in the second stage a radical change occurred in writing works on the principles of juridprudence, namely that the entirety of the issues were brought forth for discussion. We can mention the following scholars who were instrumental in this development:<\/p>\n
Shaykh al-Muf\u012bd (336-413): He has a book entitled al-Tadhkira fi U\u1e63\u016bl al-Fiqh. The original book is not available but his famous student, Mu\u1e25ammad b. \u02bfAl\u012b Karajak\u012b has included a summary of it in his book Kanz al-Faw\u0101\u02beid.
\nShar\u012bf al-Murta\u1e0d\u0101 (355-436): He is the distinguished student of al-Shaykh al-Muf\u012bd. He wrote the comprehensive work, al-Dhar\u012b\u02bfa il\u0101 U\u1e63\u016bl al-Shar\u012b\u02bfa, which has already been published twice. The recent edition has been published along with a detailed study by the Imam S\u0101diq Institute. The writer mentions in the epilogue that he completed the book in 430 AH.
\nShaykh al-\u1e6c\u016bs\u012b, Mu\u1e25ammad Ibn \u1e24asan (385-460): He is the author of \u02bfUddat al-U\u1e63\u016bl printed many times in Iran and India. In writing his book, he has closely followed his teacher, al-Murta\u1e0d\u0101\u2019s, book and has clearly benefited from it.
\nAb\u016b Layl\u0101: He is popularly known as Sall\u0101r b. \u02bfAbd al-\u02bfAz\u012bz Daylam\u012b (d. 448 AH). He is the author of al-Taqr\u012bb, which is unfortunately extinct.
\nAb\u016b al-Mak\u0101rim \u1e24amza b. \u02bfAl\u012b b. Zuhra (d. 585 AH): Popularly known as Ibn Zuhra, he has a book entitled Ghanyat al-Nuz\u016b\u02bf il\u0101 \u02bfIlmay al-U\u1e63\u016bl wa al-Fur\u016b\u02bf which has been published alongside a detailed study by the Imam S\u0101diq Institute. The book is in fact in two parts; one part includes theology (\u02bfilm al-kal\u0101m) and u\u1e63\u016bl al-fiqh, and the other covers Islamic jurisprudence.
\nSad\u012bd al-D\u012bn Mahm\u016bd b. \u02bfAl\u012b al-\u1e24um\u1e63\u012b (d. c. 600 AH), the author of al-Ma\u1e63\u0101dir.
\nAfter the second stage, the third stage of writing u\u1e63\u016bl begins and other stages proceed thereafter. In each stage, u\u1e63\u016bl develops further finally arriving at its present form. Ja\u02bffar Sub\u1e25\u0101n\u012b has also authored books in this field, namely al-M\u016bjaz, al-Was\u012b\u1e6d and al-Mabs\u016b\u1e6d. Two of the most important recent authorities in this field are:<\/p>\n
Shaykh Murta\u1e0d\u0101 An\u1e63\u0101r\u012b (1214-1281)
\nMu\u1e25aqqiq Khura\u1e63\u0101n\u012b (1255-1329)
\nThese two exemplary figures laid the foundations for the present form of u\u1e63\u016bl.<\/p>\n
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S\u012bra and History
\nRecording the details of the Prophet\u2019s life from birth until death provides a valuable source of knowledge known as the Prophet\u2019s S\u012bra. However, there are few scholars who have extensively investigted this subject. What we have in mind here, in addition to writing the biography of the Prophet, is recording the events that took place in the first centuries of Islam. Islamic historians have mostly dealt with specific aspects of the S\u012bra, such as W\u0101qid\u012b who only recorded the battles of the Prophet and his wars against the idolaters. Nevertheless, some writers have attempted to set down a complete biography of the Prophet. For example:<\/p>\n
Ibn Is\u1e25\u0101q: He died in 121 AH and was a contemporary of Imam al-S\u0101diq. He wrote a biography of the Prophet which was condensed by Ibn Hish\u0101m (d. 212 AH). Ibn Ish\u0101q is reputed to have been a a Sh\u012b\u02bfa and supporter of \u02bfAl\u012b. Ibn \u1e24ajar says that he is truthful but accused of Shi\u2019ism and having Q\u0101dir\u012b tendencies. Unfortunately, his work is not available but we can identify its material in later works such as Majma\u02bf al-Bay\u0101n, which has refered to this book for its commentary on the verses about the Prophet\u2019s battles, the writings of Ibn al-Jawz\u012b (d. 595. AH), and those of Ibn Kath\u012br (d. 775 AH).
\nOne could potentially recreate much of Ibn Is\u1e25\u0101q\u2019s original work using these books along with that of Ibn Hish\u0101m, because it seems likely that Ibn Hish\u0101m omitted those parts pertaining to \u02bfAl\u012b\u2019s virtutes due to the regime of that time.<\/p>\n
\u02bfUbayd All\u0101h b. Ab\u016b R\u0101fi\u02bf: He wrote biographies before Ibn Ishaq. However, he did not collect the biography of the Prophet himself but that of his companons who took part in the battles of Jamal, \u1e62iff\u012bn, and Nahraw\u0101n. (\u1e6c\u016bs\u012b, Fihrist, 202)
\nJ\u0101bir b. Yaz\u012bd al-Ju\u02bff\u012b (d.128 AH): He has books entitled al-Jamal, \u1e62iff\u012bn, al-Nahraw\u0101n, Maqtal Amir al-Mu\u02bemin\u012bn, and Maqtal al-\u1e24usayn. (Naj\u0101sh\u012b, no. 330)
\nAb\u0101n b. \u02bfUthm\u0101n al-K\u016bf\u012b (d. 209 AH): He is the teacher of Ab\u016b \u02bfUbayda Mu\u02bfammar b. Muthann\u0101 (d. 209 AH) and Ab\u016b \u02bfAbd All\u0101h Mu\u1e25ammad b. Sal\u0101m (157-224 AH). He has a comprehensive book which includes the following parts: (1) A book entitled al-Mubtada\u02be which may possibly contain the events of the beginning of the Prophetic mission; (2) the battles that the Prophet ordered and personally took part in; (3) the death of the Prophet; and (4) the Wars of Apostasy (Naj\u0101sh\u012b, no. 7).
\nAb\u016b Mikhnaf: He is a companion of Imam al-S\u0101diq and one of the earliest historians to write a biography of the Prophet. He has authored books such as: al-Magh\u0101z\u012b, al-Saq\u012bfa, al-Radda, and Fut\u016b\u1e25 al-Isl\u0101m. (Ibid., no. 1149)
\nNa\u1e63r b. Muza\u1e25im (d. 212 AH): He is the author of Waq\u02bfat al-\u1e62iff\u012bn.
\nHish\u0101m b. Mu\u1e25ammad S\u0101\u02beib al-Kalb\u012b: He was the prominent genealogist of his time, knowledgable about biographies and histories. Naj\u0101sh\u012b says that Kalb\u012b was a schoar well-aware of history and was famed for his knowledge and virtues.
\nHere we have offered a brief summary of books about the biography and battles of the Prophet and early histories of Islam, for further information one can refer to Raw\u1e0d\u0101t al-Jann\u0101t and A\u02bfy\u0101n al-Sh\u012b\u02bfa.<\/p>\n
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