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Books > History > Evolution and Development of Islamic Jurisprudence in Central Asia (CE 750-1258)
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Evolution and Development of Islamic Jurisprudence in Central Asia (CE 750-1258)
Evolution and Development of Islamic Jurisprudence in Central Asia (CE 750-1258)
Description
About The Book

Central Asia, since eighth century CE, has remained as one of the heartlands of Islam. Mawara al-Nahr (Transoxiania) is a name to reckon with in the annals of Islamic history and jurisprudence. The Abbasid rule (CE 750-1258) in this steppe region paved the way for setting the Islamic culture, and the reflection of positive results and Islamic ideology in all facets of life, nourishing the Islamic tradition and immensely contributing to the various socio-political institutions as well as diverse fields of knowledge. The early development of Islamic sciences and the involvement and contribution of Muslim intellectuals of Central Asia in their further growth remain as a splendid chapter of the Islamic history.

This book represents Islam as a constructive force that nourished scholarship in varied Islamic sciences, especially in Islamic jurisprudence. It vividly analyses the Islamic legal theory and its development in varied phases, encompassing various regions, intellectual approaches and social practices, making it an appropriate legal system. Central Asia, along with other Islamic intellectual centres like Baghdad, Basrah, Kufa and Madina, maintained the lure of standardized scholarship.

This volume, while featuring the great jurists of Central Asia and their monumental works to the Islamic jurisprudence, initiates a debate on the relevance of Islamic legal theory and its interpretation in the contemporary socio- political scenario, thus providing certain possibilities of rediscovering Islamic jurisprudence for the present times. A book of high academic value, it should impress all in the field of Islamic history and legal system.

 

About The Author

Dr Showkat Hussain Dar was born in 1975 in Mohalla Kralteng Sopore (J &K). After completing his graduation from Govt. Degree College, Sopore, he pursued his MA Islamic Studies and distinguished himself with a gold medal in the faculty of Social Sciences, the University of Kashmir. Dr Hussain pursued his M. Phil. and Ph.D. from Centre of Central Asian Studies, the University of Kashmir and was awarded the doctorate in 2009. He has to his credit a good number of articles published in the academic journals of international repute. His fields of specialization are Islamic Jurisprudence, Islamic Finance and Investment, and Central Asia. Dr Showkat Hussain has conducted, organized and participated in national and international seminars, presenting research papers on varied themes. The author has a good command on Arabic and Persian as well. Presently, he is working in Department of Islamic Studies, Islamic University of Science & Technology, Awantipora J&K) as Senior Assistant Professor and is heading the department since 2010.

 

Preface

THE vast territory of Central Asia has remained among the heartlands of Islam since second/ eighth century CE. The region, in the chronicles of the Islamic history, has been identified and referred by the name Mawara al-Nahr (Transoxiania), the territory beyond the river Jayhun (Oxus). It was during the reign of the Umayyad caliph Hisham (AH 724-43) that his eminent governor, Qutaybah bin Muslim conquered this vast territory and annexed it with the Islamic caliphate from CE 712-15. The Umayyad reign (CE 661-750), after introducing Islam, could not go beyond the construction of the mosques and rehabilitating the Muslims in this region. However, these efforts paved the way for setting the Islamic culture as well as the Muslim identity in this region. Henceforth, Muslim institutions, be it social or political got momentum to maintain identity in the steppe. With the establishment of the Abbasid rule (CE 750-1258), positive results and impact of the Islamic ideology could be seen in almost all aspects of the community life. The socio-intellectual activities of the Muslims proved to be much constructive to cultivate the high academic and institutional set-up in this region. Since then, it has evolved as an illustrious region that nourished the Islamic tradition and made renowned contribution to the various socio-political institutions as well as diverse fields of knowledge. Central Asia, being located at a pivotal position both geographically as well as culturally, influenced the entire landmass and set a consummate landmark in developing Islamic sciences in a systematic manner. The early development of the Islamic sciences and involvement of the Muslim intellectuals of Central Asia will always remain as a splendid chapter of the Islamic history.

The present work, Evolution and Development of Islamic Jurisprudence in Central Asia, represents Islam1 as a constructive force that nourished a versatile scholarship into a variety 01 Islamic sciences ('ulum) especially in the field of Islamic jurisprudence. The Islamic legal theory and its development in various phases encompass various regions, intellectual approaches and social practices that broadened its horizon to mature as an appropriate legal system. Along the Muslim intellectual centres like Baghdad, Basrah, Kufa and Medina, the cities of Central Asia maintained the lure of standardized scholarship as analysed in the proceeding chapters of the present work.

The first chapter, "Introduction" is the conceptual background of the evolution and development of the Islamic legal theory in Central Asia. The chapter, simultaneously, narrates the process of the expansion of Islam beyond Arabia and approaches of the Muslim jurists regarding interpretation and application of the legal theory. This chapter also examines the development of various branches of learning and concern of the ruling dynasties for the cultivation of the academic endeavour. The second chapter, "Review of the Source Material" discusses and elaborates the source material pertaining to the study of Islamic jurisprudence as well as its introduction in Central Asia. This particular constituent endorses the relevant material of Islamic jurisprudence compiled in different languages throughout the Islamic lands. The third chapter, "Socio-Political Milieu" elaborates and discusses socio-political milieu of Central Asia from CE 750- 1258 in addition to the concentration upon the intellectual activities especially during the period under consideration. This chapter also acknowledges the efforts of various ruling dynasties and scholars that took pride in patronizing the knowledge tradition and transmitting it to the forthcoming generations. The chapter, as such, envisions the establishment of an absolute academic endeavour that proved to be a distinction to the Islamic legacy. The forth chapter, "Central Asian Jurists: Contribution and Impact" is a detailed account of the reputed jurists who contributed an immense share to the development of Islamic jurisprudence. This chapter is exclusively dedicated to analyse the legal dynamism of the Muslim jurists who formed the basis for the study and interpretation of legal discourse by virtue of compiling monumental works in this field. Their concentration upon the primary sources of the law (Quran and Sunnah) and interpretation of a commandment (hukm al-shara'i) to go well with the circumstances will also be studied. The fifth chapter, "Prolific Centres of Islamic Jurisprudence" recognizes the major centres of Muslin intellectualism in Central Asia that played a significant role for the promotion and dissemination of the Islamic sciences. The last chapter "Conclusion", sums up the whole narrative and initiates a debate -regarding -relevance of the Islamic legal theory and its interpretation in the contemporary socio-political scenario. The debate is relevant as it explores certain possibilities of rediscovering Islamic jurisprudence for the present times.

 

Introduction

'ILM AL-FIQH (the science of Islamic jurisprudence) is one of the core disciplines of Islamic studies. As a special branch of the Islamic knowledge system, it has developed through various phases, and the history of its development simultaneously runs along with the history of Islamic civilization.' The Arabic word fiqh is a derivation from tafaquh which literally means the absolute understanding. The term has also been used to denote the appropriate understanding to know the essence of the commandments (ahkam) prescribed in Quran and Sunnah. Technically, the term fiqh refers to the knowledge of deducing laws and verdicts from the basic sources of Shari'ah namely Quran and Sunnah.' Thus the science of Islamic jurisprudence treats Quran and Sunnah as the origin and the primary source of Shari' ah. The primary sources mentioned here constitute the foundation as well as the core of Shari'ah.

The Quran was revealed in peacemeal fashion in fragments and sections required as per the circumstances to facilitate the understanding of the text, value its relevance and implant gradually its norms for the final implementation. The revealed book has been preserved, word for word, in its complete and original form to serve as a source of guidance for all the times and situations. Quran provides a general theoretical framework containing universal and practical rules, principles, exhortations and commandments which are manifest, sublime and blessed. The Quranic verses have been classified into three categories as per the plan of instruction; the articles of faith, the ethical and legal instructions, and the regulations concerning state and society. The bulk of the Quranic content is ethical and moral. The legal prescriptions deal as per the situation enabling society to identify itself as per the Quranic reflection. The Sunnah consists of all the authentic reports of the acts, utterances and tacit approval of the Prophet Muhammad (SAW). Initially, there existed a distinction between the terms Sunnah referring to the practices of the prophet and Hadith denoting his utterances as narrated by his companions. Gradually, with the passage of time, however, the entire Sunnah was reflected in Hadith to such an extent that by the fifth century AH, the two terms became completely synonymous. Quran is definitive as well as final and authoritative as a whole and in its detail. Sunnah is neither definitive nor final or authoritative in its detail but must be taken as a whole. There are three possible relations of Sunnah to Quran. The first is where Sunnah agrees with Quran in all respects, and in such a case the two corroborate and reinforce the given point. The second is where Sunnah explains and illustrates Quran and the third is where Sunnah legislates on a matter on which Quran is silent. No other possibilities exist for Sunnah can never run counter to Quran.

The secondary sources of Shari'ah include all those methods and procedures employed by the Muslim jurists to comprehend and operationalize the divine will as contained in Quran and Sunnah. Hence the word fiqh (Islamic jurisprudence), during the earlier phase of Islamic era (first century AH), had a comprehensive and vast meaning; to denote besides Quran and its interpretation, the accurate knowledge of the legal decisions passed on by the Prophet (SAW) and his companions to the forthcoming generations.' To interpret Quran or Sunnah with a view to deduce legal verdicts (ahkam al-shara'i) from the indications (ishrah al-nass), the science of jurisprudence emerged as a substantial discipline trying to reveal the best that could suit the circumstances without any contradiction to the basic sources. So it is necessary that the language of Quran and Sunnah be clearly approached and understood. To be able to utilize these sources, mujtahid (legal expert) must obtain a firm grasp of the words of the text and their precise as well as broad implications. For this purpose, 'ulama of 'usul includes the classification of words and their usages in the methodology of usul al-fiqh. The rules that govern the origin of words, their usages and classification are primarily determined on linguistic grounds and, as such, they are not an integral part of the law or religion. However, they are instrumental as an aid to the correct understanding of Shari'ah. Normally mujtahid will not resort to interpretation when the text itself is self-evident and clear. However, by far the greater part of fiqh consists of rules, which are derived through interpretation and ijtihad (exertion). As will be discussed later, ijtihad can take a variety of forms, and interpretation, aiming at the correct understanding of words and sentences of a legal text, is of crucial significance to all forms of ijtihad. The function of interpretation is to discover the intention of the lawgiver - or of any person for that matter - from his speech and actions. Interpretation is primarily concerned with the discovery of that which is not self-evident. Thus the objective of interpretation in Islamic Law, as in any other law, is to ascertain the intention of the lawgiver with regard to what has been left unexpressed as a matter of necessary inference from the surrounding circumstances. Thus, the legal verdicts of Quran and Sunnah are to be properly interpreted to make any possibility of further legal discourse. Simultaneously, along the compilation of Hadith and Sirah literature, the legal precepts were preserved and passed on through the authority of most learned and reliable men to be consulted while resolving and providing the legal references on specific occasions.

The science of Islamic jurisprudence, in its developed from came to recognize a variety of sources, methods and approaches from and through which laws and rulings may be derived." With the result of this process, different schools of law (madahib) within Islam formulated their legal interpretations to unveil the nature and derivatives of the revealed commandments. The primary sources of the Islamic law, Quran and Hadith provide the basis and subject matter of the legal theory. While as the secondary sources, through which the law may be derived, represent the methods of qiyas (reasoning) or the sanctioning instrument of ijma (consensus) and are still identified as the valid sources of the Islamic law. In addition to this, ijtihad (exertion), urf (custom), istehsan (juristic preference), istidlal (referring) and masaliah al-mursalah (the law of suitability) are among the approved legal tools that have been identified and applied as the alternate methods for the deduction of law." The classical juristic schools of the Islamic jurisprudence interpreted and discussed all these alternate vehicles to support their arguments while conforming the appropriate judgement. As a result, both, hukm (precept) and zaman (time) acted together and formulated the deducting principles for understanding and resolving the confronting issues. This process resulted in the development of the Islamic legal theory and provided imkan (chance) for rediscovery of further advance debate in this discipline.

 

Contents

 

     
  Preface v
  Acknowledgement xv
  Transliteration xvii
1 Introduction 1
2 Review of the Source Material 22
  Introduction of the Juristic Compilations in Central Asia 25
  Compilations of Imam Abu Yusuf 27
  Juristic Compilations of Imam Mohammad bin Hassan-al-Shaybani 28
  Zahir al-Riwayah 29
  Gair Zahir-al-Riwayah 30
  Compilations of Hassan bin Ziyad 30
  Juristic Works of 'Isa bin Aban 31
  Juristic Works of Muhammad bin Sama'ah 31
  Juristic Works of Hilal bin Yehya-al-Basri 31
  Juristic Works of Ahmad bin 'Umar bin Muhair-al-Khasaf 32
  Juristic Compilations of Imam Tahavi 32
  Sources Pertaining to the Study of Islamic Jurisprudence in Central Asia 33
  Musnad 33
  Kitab-al-Kharaj 34
  Al-Mukhtasar-al-Qudoori 35
  Kitab-al-Hidayah 35
  Al-Qand fi-Dhikr 'Ulama-i-Samarkand 36
  Kashf-al-Zanun 36
  Al-Iawahar-al-Muziah 37
  Al-A'alam 37
  Al-Fihrist 38
  Wafiyat-u-al A'yan 38
  Al-Fawaid-al-Bahiyya 38
  Mujam-al-Mu'alifin 39
  Hayat Abi-Hanifa 39
  Badaya-al-Sanaya-fi- Tartib-al-Sha'raya 40
  Al-Furuq-al-Karabisi 40
  Kashf-al-Asrar Sharah Usul-al-Buzudi 40
  The Cambridge History of Islam 41
  Encyclopaedia of Islam 41
  The Cambridge History of Iran 41
  Daira-t-al-Maarif-al-Islamiya 42
  Ma'arif 42
  Tehzib-al- Tehzib 42
  A History of Islamic Legal Theories 42
  Zafr-al-Muhasilin-fi-Ahwal-al-Musanifin 43
  A History of Islamic Law 43
  Islamic Institutions 43
  Central Asia in the Sixteenth Century 44
  A Critical Study of the Al-Farghanis Treatment 44
  of the Sources in al-Hidayah 44
  The Cambridge History of Early Inner Asia 44
  The Social Structure of Islam 45
3 Socio-Political Milieu 46
  Socio-Political Scenario During the Umayyad Period 50
  Socio-Political Circumstances During the Abbasid Period 54
  Diwan-al-Qaza 57
  Diwan al-Mazalim 57
  Diwan al-Iaraim 58
  Diwan al-Muhtasib 58
  Socio-Political Circumstances During the Rule of Sundry Dynasties 59
4 Central Asian Jurists: Contribution and Impact 68
  Abu Laith Samarqandi 71
  Contribution 72
  Khazanah al-Fiqh 73
  Mukhtarat al-Riwayat 73
  Al-Muqadimah fi al-Salat 74
  Tanbih al-Gafilin 74
  Bustan al-'Aarifin 74
  AL-' Aqidah 74
  Ahmad bin Muhammad Shashi al-Samarqandi 75
  Contribution 76
  Usul al-Shashi 77
  Tarikh Jami al-Kabir 77
  Abu al-Barakat ' Abdullah bin Ahmad al-Nasafi 78
  Contribution 81
  Kanz al-Daqaiq and Its Commentaries (Shurah) 81
  Al-Bahr al-Raiq fi Sharah-i-Kanz al-Daqaiq 82
  Tab'in al-Haqaiq 82
  Sharah Kanz al-Daqaiq 82
  Ramz al-Haqaiq 82
  Al-Mulaqab al-Faqih 83
  AI-Nahr al-Faiq 83
  AI-Fara'id fi-Hal al-Musail wa al-Qawa'id 83
  Mustakhlas al-Haqaiq 83
  Fath al-Masalik 83
  Sharah 83
  Sharahi Kanz al-Daqaiq 84
  Sharah al-Maqdisi 84
  Hisam-ud-din Abu' Abdullah Muhammad bin Muhammad Akhsikasi 84
  Contribution 85
  Commentaries of Muntakhab Hissami 86
  Sharah al-Muntakhab al-Hissami 86
  AI-Wafi Sharah Muntakhab Hissami 86
  Al-Tahqeeq 86
  Taby'ien 87
  Tahqeeq bar Muntakhab 87
  Sharah Muntakhab al-Muttawal 87
  Hashiya 87
  Taleem al-'Aami fi Tashreeh al-Hissami 87
  Taleeq al-Haami 'ala al-Hissami 87
  Al-Nami Sharah al-Hissami 88
  Najmuddin Abu Hafs 'Umar bin Muhammad al-Nasafi 88
  Contribution 90
  AL- Taysir fi 'Ilm al- Tafasir 90
  Al-Manzumah 91
  Nazm al-Jami al-Sagir 91
  Al-Qand fi Zikr-i-Ulama-i-Samarqand 91
  Kitab al-Mawaqit 91
  Al-Ahsar bi al-Mukhtar 91
  Mashar-i -Sharayah 91
  Kitab al-Shurat 92
  Talba al-Talba 92
  Tarikh-i-Bukahara 92
  AI-' Aqaid al-Nasafiyah 92
  Ijalat al-Hasabi bi Sana'at al-Mughrabi 92
  Al-Fatawah al-Nasafiyah 93
  Kitab al-Najah fi Sharah al-Akhbar al-Sitah 93
  Abu al-Hassan ' All bin Muhammad al-Bazudi 94
  Contribution 96
  Tafsir al-Quran 98
  Al-Mabsut 98
  Kanz al-Usul 'ala Ma'rifat al-Usul 98
  Sharah Jam'i al-Sagir 99
  Sharah Jam'i al-Kabir 99
  Ghina al-Fuquha 99
  Sharah al-Bukhari 99
  Kitab al-Imali 100
  Sa'ad din Mas'ud bin 'Umar Taftazani 100
  Contribution 102
  Sharah Tasrif Zinjani 102
  Muttawal 102
  Mukhtasar al-Ma’ani 103
  Sadiya Sharah Shamsiyah 103
  Talvih 103
  Sharah Aqaid al-Nasafia 103
  Mukhtasir al-Usul 103
  Al-Irshad 103
  Maqasid 103
  Tehzib al-Mantiq wa-al-Kalam 104
  Sharah Miftah al-Ulum 104
  Sharah Hadith al-Arba'in 104
  Risalah al-Ikrah 104
  Kashf al-Asrar 104
  Sharah Muntaha al-Sawal wa al-' Am1 fi 'Ilm al-Usul 104
  Nim al-Sawabig fi Sharah al-Nawabig 105
  Rislah fi Tahqiq al-Yaman 105
  Fatawa Hanafiyah 105
  Miftah al-Fiqh 105
  Hashiyah al-Kashaf 105
  Sharah al-Hidayah 105
  Razi al-din Hassan bin Muhammad al-Saghani 106
  Contribution 109
  Mashariq al-Anwar 109
  Kitab al-'Ubab 109
  Misbah al-Duja min Ahadith al-Mustafa 109
  Al-Shamas al-Munirah min Sihah al-Mathurah 110
  Durat al-Sahabah fi wafiyat al-Sahabah 110
  Sharah Bukhari 110
  Majma al-Bahrain 110
  Kitab al-Shawarid 110
  Kitab al-Ifti'al 110
  Kitab al=Aruz 110
  Kitab al-Nawadir fi Lughat wa al-Tarkib 111
  Zubdat al-Manasik 111
  Kitab al-Faraiz 111
  Darajat al-'I1m wa al-'Ulama 111
  Kitab al-Asma al-Farah, Kitab al-Asma al-Asad and Kitab al-Asma al-Ziab 111
  Bagyat al-Sadyan 111
  Sharah Abyat al-Mufasal 112
  Takmilat al-Sihah 112
  'Ali bin Abu Bakr Marghinani 112
  Contribution 118
  Nashr al-Mazahib 118
  Manasik aI-Hajj 118
  Al-Faraiz al-'Uthmani 119
  Al-Mazid fi Furu al-Hanafiyah 119
  Mukhtarat al-Fatawa 119
  Mukhtarat al-Nawazil 119
  Al-Muntaqa al-Marfu 119
  Kitab al-Tajnis wa al-Mazid 120
  Kitab al-Hidayah Sharah Bidayat al-Mubtadi 120
  Commentaries on al-Hidayah 122
5 Prolific Centres of Islamic Jurisprudence 128
  Reputed Centres of Academic Excellence of Medieval Central Asia (8th-15th century CE) 134
6 Conclusion 155
  Bibliography 166
  Index 173

Sample Pages

















Evolution and Development of Islamic Jurisprudence in Central Asia (CE 750-1258)

Item Code:
NAH536
Cover:
Hardcover
Edition:
2014
ISBN:
9788124607237
Language:
English
Size:
8.8 inch x 5.8 inch
Pages:
216
Other Details:
Weight of the Book: 530 gms
Price:
$35.00   Shipping Free
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About The Book

Central Asia, since eighth century CE, has remained as one of the heartlands of Islam. Mawara al-Nahr (Transoxiania) is a name to reckon with in the annals of Islamic history and jurisprudence. The Abbasid rule (CE 750-1258) in this steppe region paved the way for setting the Islamic culture, and the reflection of positive results and Islamic ideology in all facets of life, nourishing the Islamic tradition and immensely contributing to the various socio-political institutions as well as diverse fields of knowledge. The early development of Islamic sciences and the involvement and contribution of Muslim intellectuals of Central Asia in their further growth remain as a splendid chapter of the Islamic history.

This book represents Islam as a constructive force that nourished scholarship in varied Islamic sciences, especially in Islamic jurisprudence. It vividly analyses the Islamic legal theory and its development in varied phases, encompassing various regions, intellectual approaches and social practices, making it an appropriate legal system. Central Asia, along with other Islamic intellectual centres like Baghdad, Basrah, Kufa and Madina, maintained the lure of standardized scholarship.

This volume, while featuring the great jurists of Central Asia and their monumental works to the Islamic jurisprudence, initiates a debate on the relevance of Islamic legal theory and its interpretation in the contemporary socio- political scenario, thus providing certain possibilities of rediscovering Islamic jurisprudence for the present times. A book of high academic value, it should impress all in the field of Islamic history and legal system.

 

About The Author

Dr Showkat Hussain Dar was born in 1975 in Mohalla Kralteng Sopore (J &K). After completing his graduation from Govt. Degree College, Sopore, he pursued his MA Islamic Studies and distinguished himself with a gold medal in the faculty of Social Sciences, the University of Kashmir. Dr Hussain pursued his M. Phil. and Ph.D. from Centre of Central Asian Studies, the University of Kashmir and was awarded the doctorate in 2009. He has to his credit a good number of articles published in the academic journals of international repute. His fields of specialization are Islamic Jurisprudence, Islamic Finance and Investment, and Central Asia. Dr Showkat Hussain has conducted, organized and participated in national and international seminars, presenting research papers on varied themes. The author has a good command on Arabic and Persian as well. Presently, he is working in Department of Islamic Studies, Islamic University of Science & Technology, Awantipora J&K) as Senior Assistant Professor and is heading the department since 2010.

 

Preface

THE vast territory of Central Asia has remained among the heartlands of Islam since second/ eighth century CE. The region, in the chronicles of the Islamic history, has been identified and referred by the name Mawara al-Nahr (Transoxiania), the territory beyond the river Jayhun (Oxus). It was during the reign of the Umayyad caliph Hisham (AH 724-43) that his eminent governor, Qutaybah bin Muslim conquered this vast territory and annexed it with the Islamic caliphate from CE 712-15. The Umayyad reign (CE 661-750), after introducing Islam, could not go beyond the construction of the mosques and rehabilitating the Muslims in this region. However, these efforts paved the way for setting the Islamic culture as well as the Muslim identity in this region. Henceforth, Muslim institutions, be it social or political got momentum to maintain identity in the steppe. With the establishment of the Abbasid rule (CE 750-1258), positive results and impact of the Islamic ideology could be seen in almost all aspects of the community life. The socio-intellectual activities of the Muslims proved to be much constructive to cultivate the high academic and institutional set-up in this region. Since then, it has evolved as an illustrious region that nourished the Islamic tradition and made renowned contribution to the various socio-political institutions as well as diverse fields of knowledge. Central Asia, being located at a pivotal position both geographically as well as culturally, influenced the entire landmass and set a consummate landmark in developing Islamic sciences in a systematic manner. The early development of the Islamic sciences and involvement of the Muslim intellectuals of Central Asia will always remain as a splendid chapter of the Islamic history.

The present work, Evolution and Development of Islamic Jurisprudence in Central Asia, represents Islam1 as a constructive force that nourished a versatile scholarship into a variety 01 Islamic sciences ('ulum) especially in the field of Islamic jurisprudence. The Islamic legal theory and its development in various phases encompass various regions, intellectual approaches and social practices that broadened its horizon to mature as an appropriate legal system. Along the Muslim intellectual centres like Baghdad, Basrah, Kufa and Medina, the cities of Central Asia maintained the lure of standardized scholarship as analysed in the proceeding chapters of the present work.

The first chapter, "Introduction" is the conceptual background of the evolution and development of the Islamic legal theory in Central Asia. The chapter, simultaneously, narrates the process of the expansion of Islam beyond Arabia and approaches of the Muslim jurists regarding interpretation and application of the legal theory. This chapter also examines the development of various branches of learning and concern of the ruling dynasties for the cultivation of the academic endeavour. The second chapter, "Review of the Source Material" discusses and elaborates the source material pertaining to the study of Islamic jurisprudence as well as its introduction in Central Asia. This particular constituent endorses the relevant material of Islamic jurisprudence compiled in different languages throughout the Islamic lands. The third chapter, "Socio-Political Milieu" elaborates and discusses socio-political milieu of Central Asia from CE 750- 1258 in addition to the concentration upon the intellectual activities especially during the period under consideration. This chapter also acknowledges the efforts of various ruling dynasties and scholars that took pride in patronizing the knowledge tradition and transmitting it to the forthcoming generations. The chapter, as such, envisions the establishment of an absolute academic endeavour that proved to be a distinction to the Islamic legacy. The forth chapter, "Central Asian Jurists: Contribution and Impact" is a detailed account of the reputed jurists who contributed an immense share to the development of Islamic jurisprudence. This chapter is exclusively dedicated to analyse the legal dynamism of the Muslim jurists who formed the basis for the study and interpretation of legal discourse by virtue of compiling monumental works in this field. Their concentration upon the primary sources of the law (Quran and Sunnah) and interpretation of a commandment (hukm al-shara'i) to go well with the circumstances will also be studied. The fifth chapter, "Prolific Centres of Islamic Jurisprudence" recognizes the major centres of Muslin intellectualism in Central Asia that played a significant role for the promotion and dissemination of the Islamic sciences. The last chapter "Conclusion", sums up the whole narrative and initiates a debate -regarding -relevance of the Islamic legal theory and its interpretation in the contemporary socio-political scenario. The debate is relevant as it explores certain possibilities of rediscovering Islamic jurisprudence for the present times.

 

Introduction

'ILM AL-FIQH (the science of Islamic jurisprudence) is one of the core disciplines of Islamic studies. As a special branch of the Islamic knowledge system, it has developed through various phases, and the history of its development simultaneously runs along with the history of Islamic civilization.' The Arabic word fiqh is a derivation from tafaquh which literally means the absolute understanding. The term has also been used to denote the appropriate understanding to know the essence of the commandments (ahkam) prescribed in Quran and Sunnah. Technically, the term fiqh refers to the knowledge of deducing laws and verdicts from the basic sources of Shari'ah namely Quran and Sunnah.' Thus the science of Islamic jurisprudence treats Quran and Sunnah as the origin and the primary source of Shari' ah. The primary sources mentioned here constitute the foundation as well as the core of Shari'ah.

The Quran was revealed in peacemeal fashion in fragments and sections required as per the circumstances to facilitate the understanding of the text, value its relevance and implant gradually its norms for the final implementation. The revealed book has been preserved, word for word, in its complete and original form to serve as a source of guidance for all the times and situations. Quran provides a general theoretical framework containing universal and practical rules, principles, exhortations and commandments which are manifest, sublime and blessed. The Quranic verses have been classified into three categories as per the plan of instruction; the articles of faith, the ethical and legal instructions, and the regulations concerning state and society. The bulk of the Quranic content is ethical and moral. The legal prescriptions deal as per the situation enabling society to identify itself as per the Quranic reflection. The Sunnah consists of all the authentic reports of the acts, utterances and tacit approval of the Prophet Muhammad (SAW). Initially, there existed a distinction between the terms Sunnah referring to the practices of the prophet and Hadith denoting his utterances as narrated by his companions. Gradually, with the passage of time, however, the entire Sunnah was reflected in Hadith to such an extent that by the fifth century AH, the two terms became completely synonymous. Quran is definitive as well as final and authoritative as a whole and in its detail. Sunnah is neither definitive nor final or authoritative in its detail but must be taken as a whole. There are three possible relations of Sunnah to Quran. The first is where Sunnah agrees with Quran in all respects, and in such a case the two corroborate and reinforce the given point. The second is where Sunnah explains and illustrates Quran and the third is where Sunnah legislates on a matter on which Quran is silent. No other possibilities exist for Sunnah can never run counter to Quran.

The secondary sources of Shari'ah include all those methods and procedures employed by the Muslim jurists to comprehend and operationalize the divine will as contained in Quran and Sunnah. Hence the word fiqh (Islamic jurisprudence), during the earlier phase of Islamic era (first century AH), had a comprehensive and vast meaning; to denote besides Quran and its interpretation, the accurate knowledge of the legal decisions passed on by the Prophet (SAW) and his companions to the forthcoming generations.' To interpret Quran or Sunnah with a view to deduce legal verdicts (ahkam al-shara'i) from the indications (ishrah al-nass), the science of jurisprudence emerged as a substantial discipline trying to reveal the best that could suit the circumstances without any contradiction to the basic sources. So it is necessary that the language of Quran and Sunnah be clearly approached and understood. To be able to utilize these sources, mujtahid (legal expert) must obtain a firm grasp of the words of the text and their precise as well as broad implications. For this purpose, 'ulama of 'usul includes the classification of words and their usages in the methodology of usul al-fiqh. The rules that govern the origin of words, their usages and classification are primarily determined on linguistic grounds and, as such, they are not an integral part of the law or religion. However, they are instrumental as an aid to the correct understanding of Shari'ah. Normally mujtahid will not resort to interpretation when the text itself is self-evident and clear. However, by far the greater part of fiqh consists of rules, which are derived through interpretation and ijtihad (exertion). As will be discussed later, ijtihad can take a variety of forms, and interpretation, aiming at the correct understanding of words and sentences of a legal text, is of crucial significance to all forms of ijtihad. The function of interpretation is to discover the intention of the lawgiver - or of any person for that matter - from his speech and actions. Interpretation is primarily concerned with the discovery of that which is not self-evident. Thus the objective of interpretation in Islamic Law, as in any other law, is to ascertain the intention of the lawgiver with regard to what has been left unexpressed as a matter of necessary inference from the surrounding circumstances. Thus, the legal verdicts of Quran and Sunnah are to be properly interpreted to make any possibility of further legal discourse. Simultaneously, along the compilation of Hadith and Sirah literature, the legal precepts were preserved and passed on through the authority of most learned and reliable men to be consulted while resolving and providing the legal references on specific occasions.

The science of Islamic jurisprudence, in its developed from came to recognize a variety of sources, methods and approaches from and through which laws and rulings may be derived." With the result of this process, different schools of law (madahib) within Islam formulated their legal interpretations to unveil the nature and derivatives of the revealed commandments. The primary sources of the Islamic law, Quran and Hadith provide the basis and subject matter of the legal theory. While as the secondary sources, through which the law may be derived, represent the methods of qiyas (reasoning) or the sanctioning instrument of ijma (consensus) and are still identified as the valid sources of the Islamic law. In addition to this, ijtihad (exertion), urf (custom), istehsan (juristic preference), istidlal (referring) and masaliah al-mursalah (the law of suitability) are among the approved legal tools that have been identified and applied as the alternate methods for the deduction of law." The classical juristic schools of the Islamic jurisprudence interpreted and discussed all these alternate vehicles to support their arguments while conforming the appropriate judgement. As a result, both, hukm (precept) and zaman (time) acted together and formulated the deducting principles for understanding and resolving the confronting issues. This process resulted in the development of the Islamic legal theory and provided imkan (chance) for rediscovery of further advance debate in this discipline.

 

Contents

 

     
  Preface v
  Acknowledgement xv
  Transliteration xvii
1 Introduction 1
2 Review of the Source Material 22
  Introduction of the Juristic Compilations in Central Asia 25
  Compilations of Imam Abu Yusuf 27
  Juristic Compilations of Imam Mohammad bin Hassan-al-Shaybani 28
  Zahir al-Riwayah 29
  Gair Zahir-al-Riwayah 30
  Compilations of Hassan bin Ziyad 30
  Juristic Works of 'Isa bin Aban 31
  Juristic Works of Muhammad bin Sama'ah 31
  Juristic Works of Hilal bin Yehya-al-Basri 31
  Juristic Works of Ahmad bin 'Umar bin Muhair-al-Khasaf 32
  Juristic Compilations of Imam Tahavi 32
  Sources Pertaining to the Study of Islamic Jurisprudence in Central Asia 33
  Musnad 33
  Kitab-al-Kharaj 34
  Al-Mukhtasar-al-Qudoori 35
  Kitab-al-Hidayah 35
  Al-Qand fi-Dhikr 'Ulama-i-Samarkand 36
  Kashf-al-Zanun 36
  Al-Iawahar-al-Muziah 37
  Al-A'alam 37
  Al-Fihrist 38
  Wafiyat-u-al A'yan 38
  Al-Fawaid-al-Bahiyya 38
  Mujam-al-Mu'alifin 39
  Hayat Abi-Hanifa 39
  Badaya-al-Sanaya-fi- Tartib-al-Sha'raya 40
  Al-Furuq-al-Karabisi 40
  Kashf-al-Asrar Sharah Usul-al-Buzudi 40
  The Cambridge History of Islam 41
  Encyclopaedia of Islam 41
  The Cambridge History of Iran 41
  Daira-t-al-Maarif-al-Islamiya 42
  Ma'arif 42
  Tehzib-al- Tehzib 42
  A History of Islamic Legal Theories 42
  Zafr-al-Muhasilin-fi-Ahwal-al-Musanifin 43
  A History of Islamic Law 43
  Islamic Institutions 43
  Central Asia in the Sixteenth Century 44
  A Critical Study of the Al-Farghanis Treatment 44
  of the Sources in al-Hidayah 44
  The Cambridge History of Early Inner Asia 44
  The Social Structure of Islam 45
3 Socio-Political Milieu 46
  Socio-Political Scenario During the Umayyad Period 50
  Socio-Political Circumstances During the Abbasid Period 54
  Diwan-al-Qaza 57
  Diwan al-Mazalim 57
  Diwan al-Iaraim 58
  Diwan al-Muhtasib 58
  Socio-Political Circumstances During the Rule of Sundry Dynasties 59
4 Central Asian Jurists: Contribution and Impact 68
  Abu Laith Samarqandi 71
  Contribution 72
  Khazanah al-Fiqh 73
  Mukhtarat al-Riwayat 73
  Al-Muqadimah fi al-Salat 74
  Tanbih al-Gafilin 74
  Bustan al-'Aarifin 74
  AL-' Aqidah 74
  Ahmad bin Muhammad Shashi al-Samarqandi 75
  Contribution 76
  Usul al-Shashi 77
  Tarikh Jami al-Kabir 77
  Abu al-Barakat ' Abdullah bin Ahmad al-Nasafi 78
  Contribution 81
  Kanz al-Daqaiq and Its Commentaries (Shurah) 81
  Al-Bahr al-Raiq fi Sharah-i-Kanz al-Daqaiq 82
  Tab'in al-Haqaiq 82
  Sharah Kanz al-Daqaiq 82
  Ramz al-Haqaiq 82
  Al-Mulaqab al-Faqih 83
  AI-Nahr al-Faiq 83
  AI-Fara'id fi-Hal al-Musail wa al-Qawa'id 83
  Mustakhlas al-Haqaiq 83
  Fath al-Masalik 83
  Sharah 83
  Sharahi Kanz al-Daqaiq 84
  Sharah al-Maqdisi 84
  Hisam-ud-din Abu' Abdullah Muhammad bin Muhammad Akhsikasi 84
  Contribution 85
  Commentaries of Muntakhab Hissami 86
  Sharah al-Muntakhab al-Hissami 86
  AI-Wafi Sharah Muntakhab Hissami 86
  Al-Tahqeeq 86
  Taby'ien 87
  Tahqeeq bar Muntakhab 87
  Sharah Muntakhab al-Muttawal 87
  Hashiya 87
  Taleem al-'Aami fi Tashreeh al-Hissami 87
  Taleeq al-Haami 'ala al-Hissami 87
  Al-Nami Sharah al-Hissami 88
  Najmuddin Abu Hafs 'Umar bin Muhammad al-Nasafi 88
  Contribution 90
  AL- Taysir fi 'Ilm al- Tafasir 90
  Al-Manzumah 91
  Nazm al-Jami al-Sagir 91
  Al-Qand fi Zikr-i-Ulama-i-Samarqand 91
  Kitab al-Mawaqit 91
  Al-Ahsar bi al-Mukhtar 91
  Mashar-i -Sharayah 91
  Kitab al-Shurat 92
  Talba al-Talba 92
  Tarikh-i-Bukahara 92
  AI-' Aqaid al-Nasafiyah 92
  Ijalat al-Hasabi bi Sana'at al-Mughrabi 92
  Al-Fatawah al-Nasafiyah 93
  Kitab al-Najah fi Sharah al-Akhbar al-Sitah 93
  Abu al-Hassan ' All bin Muhammad al-Bazudi 94
  Contribution 96
  Tafsir al-Quran 98
  Al-Mabsut 98
  Kanz al-Usul 'ala Ma'rifat al-Usul 98
  Sharah Jam'i al-Sagir 99
  Sharah Jam'i al-Kabir 99
  Ghina al-Fuquha 99
  Sharah al-Bukhari 99
  Kitab al-Imali 100
  Sa'ad din Mas'ud bin 'Umar Taftazani 100
  Contribution 102
  Sharah Tasrif Zinjani 102
  Muttawal 102
  Mukhtasar al-Ma’ani 103
  Sadiya Sharah Shamsiyah 103
  Talvih 103
  Sharah Aqaid al-Nasafia 103
  Mukhtasir al-Usul 103
  Al-Irshad 103
  Maqasid 103
  Tehzib al-Mantiq wa-al-Kalam 104
  Sharah Miftah al-Ulum 104
  Sharah Hadith al-Arba'in 104
  Risalah al-Ikrah 104
  Kashf al-Asrar 104
  Sharah Muntaha al-Sawal wa al-' Am1 fi 'Ilm al-Usul 104
  Nim al-Sawabig fi Sharah al-Nawabig 105
  Rislah fi Tahqiq al-Yaman 105
  Fatawa Hanafiyah 105
  Miftah al-Fiqh 105
  Hashiyah al-Kashaf 105
  Sharah al-Hidayah 105
  Razi al-din Hassan bin Muhammad al-Saghani 106
  Contribution 109
  Mashariq al-Anwar 109
  Kitab al-'Ubab 109
  Misbah al-Duja min Ahadith al-Mustafa 109
  Al-Shamas al-Munirah min Sihah al-Mathurah 110
  Durat al-Sahabah fi wafiyat al-Sahabah 110
  Sharah Bukhari 110
  Majma al-Bahrain 110
  Kitab al-Shawarid 110
  Kitab al-Ifti'al 110
  Kitab al=Aruz 110
  Kitab al-Nawadir fi Lughat wa al-Tarkib 111
  Zubdat al-Manasik 111
  Kitab al-Faraiz 111
  Darajat al-'I1m wa al-'Ulama 111
  Kitab al-Asma al-Farah, Kitab al-Asma al-Asad and Kitab al-Asma al-Ziab 111
  Bagyat al-Sadyan 111
  Sharah Abyat al-Mufasal 112
  Takmilat al-Sihah 112
  'Ali bin Abu Bakr Marghinani 112
  Contribution 118
  Nashr al-Mazahib 118
  Manasik aI-Hajj 118
  Al-Faraiz al-'Uthmani 119
  Al-Mazid fi Furu al-Hanafiyah 119
  Mukhtarat al-Fatawa 119
  Mukhtarat al-Nawazil 119
  Al-Muntaqa al-Marfu 119
  Kitab al-Tajnis wa al-Mazid 120
  Kitab al-Hidayah Sharah Bidayat al-Mubtadi 120
  Commentaries on al-Hidayah 122
5 Prolific Centres of Islamic Jurisprudence 128
  Reputed Centres of Academic Excellence of Medieval Central Asia (8th-15th century CE) 134
6 Conclusion 155
  Bibliography 166
  Index 173

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