ḤIKMAT

A Quarterly Journal of Islamic Research

Vol. 1, No. 1. Summer 1995/1416

Editor-in-Chief: S. A. R. Furughi

Editor: P. 'Amiri

Editorial Board: Dr. S. M. Muhaqqiq Dāmād,

Dr. M. Legenhausen,

Dr. Ghulām Ḥusayn Ibrāhimi Dinānī,

Dr. Muhammad Jawād Lārījāni,

M. J. 'Ilmi,

A. Q. Qarā'ī,

All correspondence should be addressed to the Editor-in-Chief, Ḥikmat, Islamic Thought Foundation, P.O. Box 14155-3899, Tehran, Iran. Fax (21) 898295, Tel (21) 844092-6.

CONTENTS

Editorial 1

Qur'ānīc Studies:

The Qur'ān as Its Own Interpreter 3

Philosophy:

Talab wa Irādah Part-1 27

Practical Wisdom

Uṣūl al-Fiqh:

The Early History of 'Ilm al-Uṣūl Part-1 71

Fiqh:

The Codification of Islamic Juridical Principles 89

Kalām:

Linguistic Doctrines in the Rational Interpretation of Revelation 109

Reports:

International Congress of Shaykh Anṣārī 119

The Center for the Great Islamic Encyclopedia 133

The Codification of Islamic Juridical Principles (Qawā'id Fiqhīyyah):

A Historīcal Outline

Muṣṭafā Muḥaqqiq Dāmād

Translated from the Persian by Āzarmidukht M. Farīdanī

A close examination of the system of law in Islam proves that this system meets all the essential qualifications required to constitute a "legal system." This can be readily established by tendering an exact definition of what, strictly speaking, makes up a "legal system" and by studying its qualities and elements.

There is some difference of opinion among jurists regarding the definition of a "legal system." For example, in the following passage it is defined as:

The structure of any functioning body of law, which reflects the inner unity and coherence of the juridical norms composing the body of law which expresses the division of the norms into com-

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ponents as objectively necessitated by the particular features of the social relations subject to such norms.¹

It is also said that,

A legal system exists if and only if it reaches a certain minimum degree of efficacy.²

Kelsen believes, however, that,

Efficacy depends not only on conformity to law by the general population but also on the success of the courts and other law-enforcing agencies in applying sanctions to those who violate the law.³

Thus, it may be inferred that a body of law constitutes a system when it has the qualities and elements required to establish a legal system, namely:

1. a body of law;

2. a great number of coherent general norms and principles;

3. a functioning body of law based on those general norms and principles;

4. a close and profound relation between the laws and general principles, as that of the component to the norm, or the general to the particular;

5. comprehensiveness of general principles which enables them to respond to particular needs, events and cases;

6. the conformity of norms and general principles to rational and human standards in a manner which makes it acceptable to the general public;

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7. Juridical guarantee of enforcement in the case of a breach or violation of the law.

As an objective study would well ascertain, all these elements are found in the Islamic legal system. By no means a collection of inconsistent and scattered rules formulated according to the circumstances of specific individuals or groups, the Islamic legal system represents a coherent and consistent body of law thoroughly based on general norms and principles, and expressed in laws and legal judgments which generally reflect the particular application and specific cases of those basic and essential norms.

Students of the methodology of the Islamic legal system are well aware that in this system the coherence and constancy of the juridical standards, from which particular regulations derive, are maintained to such a degree that if a jurist, for example, comes to believe that in a certain case he has a civic responsibility, he is automatically obliged to apply the same opinion to any number of other comparable cases, and a different ruling in similar cases, in fact, would reflect a lack of knowledge of juridical standards.

The above statements clearly demonstrate the significance of juridical codes and its place in the history of Islamic legal studies. The existence of a body of general norms and principles whereby the jurist can infer the corollaries and by way of comparing them with particular instances and cases, form decisions regarding current events, is, in fact, a mark of the dynamic nature of the Islamic legal system.

It is true that Muslim jurists, from the very beginning, made some attempts to introduce the general norms and principles of Islamic law. By this, however, we do not mean to imply that Islam, in itself, lacks a system, and that the principles of Islamic law were wholly formulated by Muslim jurists. In fact, there are two kinds of principles in Islamic law; one taken entirely from the Qur'ān and the Sunnah, e.g. the rule of lā ḍarar, the rule of yad and the rule of taslīṭ. The other category of princi-

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ples are those not mentioned in religious texts, but supported by legal texts and juridical evidence, such as the principle of "mā yuḍmanu bi ṣaḥīḥih yuḍmanu bi fāsidih." There is, of course, yet another group of principles formulated by jurists by adopting a uniform criterion for numerous similar cases. Sometimes classified as "al-ashbāh wa al-naẓā'ir," these principles are more commonly used by Sunni jurists.

In the last two groups, the jurist essentially deduces the criterion, basis, and the main principles of religious law and introduces them. Clearly this procedure provides a strong argument and positive proof in support of the fact that Islamic law has all the elements and qualities required to be classified as a legal system.

More information on the history of codification of juridical principles in Islam by Muslim Jurists is found in the following concise bibliography of relevant works compiled in the Sunnī, as well the Imāmī Shī'ī, schools:

1. Ḥanafi Fiqh

1. The oldest work in which a collection of juridical norms can be found is, according to ʿAlāʾī Shāfiʿī, al-Suyūṭī and Ibn Nujaym,⁴ the treatise of Abū Ṭāhir al-Dabbās. A Ḥanafī jurist of the 4th/10th century, al-Dabbās has reduced the most important principles of the Ḥanafī school to seventeen general principles. Imām Abū al-Ḥasan al-Karkhī, a contemporary of Abū Ṭāhir, may have adopted some of the material for his celebrated treatise Uṣūl al-Karkhī, on juridical principles, from the latter's work. It seems, therefore, that of the four different Sunni schools, the Ḥanafī’s was the first to compile works on juridical rules. A list of other important Ḥanafī compilations on this subject includes the following titles:

2. Uṣūl al-Karkhī, by ʿUbayd Allāh b. al-Ḥasan b. al-Dallāl also known as Abū al-Ḥasan al-Karkhī (260-340/873-951).

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3. Taʾsīs al-Naẓar fī Ikhtilāf al-Aʾimma, by ʿUbayd Allāh b. ʿUmar b. ʿĪsā Abū Zayd al-Dabūsī (d. 430/1038).

4. Al-Ashbāh wa al-Naẓāʾir fī al-Furūʿ, composed by Zayn al-Dīn b. Ibrāhīm b. Muḥammad, also called Ibn Nujaym (d. 970/1562). Of about twenty-six commentaries and glosses on this work, one of great reputation is Ghamz ʿuyūn al-baṣāʾir ʿalā maḥāsin al-Ashbāh wa al-naẓāʾir by Aḥmad b. Muḥammad al-Ḥamawī (d. 1098/1562–3), which has been reprinted several times.

5. Al-Qawāʿid fī al-Furūʿ, by ʿAlī b. ʿUthmān al-Ghazzī al-Dimashqī, commonly called Sharaf al-Dīn al-Ḥanafī (d. 799/1397).

6. Majallat al-Aḥkām al-ʿAdliyyah, compiled during the time of Sulṭān ʿAbd al-ʿAzīz Khān, by a committee of distinguished Ottoman scholars. Since the publication of the work by the Ottoman government in 1292/1875, several commentaries have been written on it.

7. Al-Farāʾiḍ al-BBahiyyah fī al-Qawāʿid wa al-Fawāʾid al-Fiqhiyyah, by Maḥmūd b. Muḥammad b. Naṣīb b. Ḥusayn, also known as Ibn Ḥamzah al-Ḥusaynī (1239–1305/1829–1887).

8. Tashrīḥ al-Qawāʿid al-Kulliyyah, by ʿAbd al-Sattār b. ʿAbd Allāh al-Quraymī al-Qusṭanṭīnī (d. 1304/1866).

9. Al-ʿUqūd al-Ḥisān fī Qawāʿid Madhhab al-Nuʿmān, by Aḥmad b. Muḥammad al-Ḥamawī (1098/1562), in verse, with a commentary by the author entitled Farāʾiḍ al-Durr wa al-Marjān Sharḥ al-ʿUqūd al-Ḥisān.

10. Khātimah Majāmiʿ al-Ḥaqāʾiq wa al-Qawāʿid wa Jawāmiʿ al-Daqāʾiq wa al-Fawāʾid, by Muḥammad b. Muḥammad b. Muṣṭafā al-Khādimī, known as Abū Saʿīd al-Khādimī (d. 1176/1762).

11. Qawāʿid al-Fiqh, by Shaykh ʿAmīm al-Iḥsān of Bangladesh, first published in the same country.

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12. Majmūʿat al-Qawāʿid by Ibrāhīm b. Muḥammad al-Qaysarī al-Ḥanafī, called Kūzī Būyūkzādeh (d. 1252/1836).

13. Sharḥ al-Qawāʿid al-Fiqhiyya, by Aḥmad al-Zarqāʾ al-Ḥalabī (1285–1352/1368–1938).

Unpublished Manuscripts:

1- "Talqīḥ al-ʿUqūl fī Furūq al-Manqūl," by Sāsī al-Sharīʿah the First, Aḥmad b. ʿUbayd Allāh Maḥbūbī al-Ḥanafī, of which a number of copies are found in the ʿĀrif Ḥikmah Library of Madīnah.⁵

2.- "Sharḥ al-Jāmiʿ al-Kabīr," by ʿĪsā Ayyūbī (576–624/1180–1227).⁶

3.- "Maʿrifat al-Ashbāh wa al-Naẓāʾir," by an anonymous author. A gilded copy of this manuscript with glosses by ʿUmar al-Riḍā, is available in the ʿArif Ḥikmah Library of Madīnah.⁷

2. Malikī Fiqh

1- Al-Furūq, by Abū al-ʿAbbās b. Abī al-ʿAlāʾ Idris b. ʿAbd al-Raḥmān, commonly called al-Qarāfī (d. 684/1250).

2.- Īḍāḥ al-Masālik ilā Qawāʿd al-Imām Mālik, by Aḥmad b. Yaḥyā b. Muḥammad al-Tilimsānī al-Wansharīsī (834–914/1430–1508).

3.- Al-Muwāfiqāt fī Uṣūl al-Fiqh, compiled by Ibrāhīm b. Mūsā b. Muḥsammad al-Lakhmī, Known as Abū Isḥāq al-Shāṭibī (d. 790/1388).

4.- Qawāʿid al-Aḥkām al-Sharʿīyyah, by Mūḥammad b. Aḥmad al-Mālikī.

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5- Al-Majmūʿ wa al-Furūq, by ʿAbd al-Wahhāb b. Aḥmad b. ʿAbd al-Wahhāb b. Jalabah al-Baghdādī (d. 476/1083), MS. 3822, Qarwīyyīn Library, Fez (Morocco).

6- Al-Kulliyyāt al-Fiqhiyyah ʿalā Madhhab al-Mālikiyyah, by Muḥammad b. ʿAlī b. Ghādī al-Makānāsī (841–919/1437–1513), a critical edition of which has been published by the Sharīʿah and Uṣūl al-Dīn Faculty of the Zaytūniyyah University in Tunis.

7- ʿAmal Man Ṭabba li Man Ḥabba, by Muḥammad b. Muḥammad al-Maqarrī (d. 758/1357). The second volume of this work is being edited at Riyāḍ University.

Manuscripts:

1- "Al-Qawāʿid," by Muḥammad b. Muḥammad al-Masaqqarī (d. 758/1357).

2- "Al-Qawāʿid," by Qāḍī ʿAyād b. Mūsā b. ʿIyāḍ b. ʿUmar al-Yahṣabī of morocco (476–544/1083–1149), microfilm 6018 at Muḥammad b. Saʿūd Islamic University Library.

3- "Al-Mudhhab fī Ḍabṭ Qawāʿid al-Madhhab," by Abū ʿAbd Allāh Muḥammad b. ʿAzūm (d. 889/1484), MS. 14891, National Library of Tunis.

4- "Al-Yawāqīt al-Thamīnah fī Nazāʾir ʿĀlam al-Madīnah," by Abū al-Ḥasan ʿAlī b. ʿAbd al-Wāḥid b. Muḥammad al-Anṣārī al-Sijilmāsī (d. 1057/1647), MS. 14708, National Library of Tunis.

5- "Qawāʿid al-Imām Mālik," by Muḥammad b. Muḥammad al-Sājīnī, MS. 1723, Ribāṭ University.

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6- "Al-Naẓāʾir al-Fiqhiyyah," by Ibn ʿAbdūn Muḥammad al-Miknāsī, MS. 14862, National Library of Tunis.

7- "Al-Naẓāʾir al-Fiqhiyyah," by Fāsī Abū ʿImrān. MS. 1694, National Library of Tunis.

3. Shāfiʿī Fiqh

1- Qawāʿid al-Aḥkām fī Maṣāliḥ al-Anām, by ʿIzz al-Dīn ʿAbd al-ʿAzīz b. ʿAbd al-Salām al-Sulamī (577–660/1181–1262).

2- al-Ashbāh wa al-Naẓāʾir, by Muḥammad b. ʿUmar b. al-Makkī, known as Ibn Wakīl al-Miṣrī al-Shāfiʿī (665–716/1266–1316).

3- Al-Majmūʿ al-Mudhhab fī Qawāʿid al-Madhhab (Qawāʿid al-ʿAlāʾ ī)by Khalil b. Kaykaldi, known as al-ʿAlāʾī al-Shāfiʿī (694–761/1295–1360).

4- Al-Ashbāh wa al-Naẓāʾir, by ʿAbd al-Wahhāb b. ʿAbd al-Kāfī b. ʿAlī b. Tammām al-Subkī, known as Tāj al-Dīn Ibn al-Subkī (727–771/1328–1369).

5- Al-Manthūr fī Tartīb al-Qawāʿid al-Fiqhiyyah (al-Qawāʿid fī al-Furūʿ), by Muḥammad b. Bahādur b. ʿAbd Allāh Badr al-Dīn Muḥammad al-Zarkashī al-Miṣrī (745–794/1344–1392).

6- Al-Ashbāh wa al-Naẓāʾir, by Ḥasan b. Abī Bakr b. Muḥammad al-Asyūṭī, commonly known as Jalāl al-Dīn al-Suyūṭī al-Shāfiʿī (849–911/1445–1505).

Manuscripts:

1- "Al-Furūq," by al-Jurjānī, MS. 915, Dār al-Kutub al-Miṣriyyah.

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2- "Al-Furūq," by al-Juwaynī, MS. 277, Sulaymāniyyah Library.

3- "Nuzhat al-Nawāẓir," by jamāl al-Dīn Abū Muḥammad ʿAbd al-Raḥīm al-ʿUmawī al-Isnawī, born in 704/1304. A copy of this work (MS. 277) is found at Dār al-Kutub al-Miṣriyyah.

4. Ḥanbalī Fiqh

1- Al-Qawāʿid al-Nūrāniyyāt al-Fiqhiyyah, by Taqī al-Dīn Abū al-ʿAbbās Aḥmad b. ʿAbd al-Ḥalīm b. Taymiyyah al-Ḥarrānī (661–728/1263–1328).

2- Taqrīr al-Qawāʿid wa Taḥrīr al-Fawāʾid (or al-Qawāʿid), by ʿAbd al-Raḥmān b. Shihāb b. Aḥmad b. Abī Aḥmad, known as Ibn Rajab al-Ḥanbalī (d. 795/1392).

3- Al-Qawāʿid al-Kulliyyah wa al-Ḍawābiṭ al-Fiqhiyyah, by Yūsuf b. Ḥasan b. Aḥmad b. ʿAbd al-Hādī, known as Ibn al-Mibrad al-Ṣāliḥī (840–909/1436–1503).

4- Badāʾiʿ al-Fawāʾid, by Shams al-Dīn Muḥammad b. Abī Bakr, commonly known as Ibn Qayyim al-Jawziyyah (d. 751/1350).

5- Qawāʿid Majallat al-Aḥkām al-Sharʿiyyah ʿalā Madhhab al-Imām Aḥmad b. Ḥanbal, by Qāḍī Aḥmad b. ʿAbd Allāh al-Qārī al-Ḥanafī (1309–1359/1891–1940).

Manuscripts:

1- "Al-Furūq," compiled by Abī ʿAbd Allāh al-Sāmirī, of which a copy exists at the Ibn Saʿūd Islamic University Library. Parts of this manuscript have been edited and published by the Sharīʿat University of Riyāḍ.

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2. "Al-Qawā'id al-Fiqhīyyah," ascribed to Aḥmad b. Ḥasan b. 'Abd Allāh, known as Ibn Qāḍī al-Jabal (693-771/1294-1369), Ms. 1924, Ibn Sa'ūd Islamic University.

5. Imāmiyyah Fiqh

In so far as Sunnī Jurists, especially the early ones, were willing to use particular methods of reasoning such as qiyās and istiḥsān to infer legal precepts, it must be acknowledged without any doubt that they made a greater effort to systematize the principles of Islamic jurisprudence. Nevertheless, it appears that many of the general principles mentioned in Sunnī sources are found in an identical form in the traditions transmitted from the Imams of Imāmī Shī'īs—some of which are narrated from the Holy Prophet (ṣ) himself, and others drawn directly from the teachings of the Imāms. If these teachings are taken into account, then it can be stated with certainty that, compared with Sunnī fiqh, Imāmiyyah fiqh is not only not later in this respect, but that it in fact played a pioneering role. As is revealed by extant riwāyāhs, the method of instruction used by Shī'ī Imams generally consisted in elucidating general rules and principles. Thus, by following the special methodology in which they were trained and by refraining from applying any kind of analogical reasoning (qiyās) prior to attaining the real criterion and the primary cause of a ruling through explicit legal texts or direct legal references—their disciples were able to draw the corollaries and infer the necessary ramifications of a rule. In this regard, we have the following dictum from al-Imām al-Riḍā (peace be upon him): “We shall deliver the general principles and rules, and from these, you must deduce the corollaries and particular legal precepts for each case.”⁸ The history of Shī'ī fiqh bears witness to the fact that the dynamic quality of Shī'ī ijtihād is essentially inspired by these instructions.

Among the numerous works on fiqh, for instance, are those compiled by Shaykh Ṭūsī (385–460/995–1068).

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In addition to the above, since the 7th/13th century, Imāmi Shīʿī's have made relatively important attempts to compile books on Islamic juridical principles, a concise list of which includes the following titles:

A. Al-Ashbāh wa al-naẓāʾīr:

Najīb al-Dīn Yaḥyā b. Sa'īd al-Ḥillī, otherwise known as Ibn Sa'īd (601-698/1204-1298) composed a most valuable and useful work entitled Nuzhat al-Nāẓir fī al-Jamʿ Bayn al-Ashbāh wa al-Nazāʾir. By "al-ashbah wa al-naẓā'ir" the author means that group of cases pertaining to various abwāb of fiqh which can be brought under a single heading due to the similarities between them. This type of classification is used in other disciplines, and in literature, for example, al-Suyūṭī's work on naḥw is also entitled Al-Ashbāh wa al-Naẓāʾir.

The present stats of arts leading to the compilation of this article indicates, though perhaps only tentatively, that Shaykh Najīb al-Dīn was the first to compile such a work in the history of Islamic law, for as noted earlier the oldest extant work entitled al-Ashbāh wa al-Naẓāʾir was authored by Ibn Wakil al-Shāfiʿī (655-716/1257-1316).

Najīb al-Dīn's valuable treatise is written in a fluent and eloquent style free of obscurity and complexities; it is neither excessively detailed nor too concise. The treatise deals with all the abwāb of fiqh, from ṭahārah to diyāt. Though brief on some subjects, the author fully substantiates each case, discusses the supporting or dissenting opinions of different jurists, giving his own judgment in each case. For this, Najīb al-Dīn mostly refers to the riwāyahs of Man Lā Yaḥḍuruhu al-Faqīh and Al-Tahdhīb, giving greater weight to the views of the authors of these works than to that of other jurists.

Shaykh Najīb al-Dīn is said to have been a pious and devout man and, the most celebrated scholar of his time, and master of many arts including literature, law, jurisprudence, and ḥadīth, of which he was a ḥāfiẓ. He was

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Also the teacher of ʿAllāmah al-Ḥillī.⁹ Based on a note on the cover of a manuscript of the work in his possession of his dated, the author of Al-Riyāḍ has cast some doubt on Yaḥyā b. Saʿīd's authorship of the treatise, dating it 674/1275 and claiming that it was composed by Muḥadhdhab al-Dīn al-Ḥillī. Later scholars, however, see no reason for doubting its ascription to Yaḥyā b. Saʿīd, for which there is sufficient evidence.¹⁰

Yaḥyā b. Saʿīd has compiled a number of other important works among which is the esteemed Al-Jāmiʿ li al-Sharāyiʿ published in Qum. The Nuzhat al-Naẓir consists of 78 chapters, and in each, cases with similar legal rulings are classified together.

If all the "ashbāh wa al-naẓāʾir" works on fiqh are also included among the books on juridical principles (i. e. as Sunnī jurists have done), then, to be sure, this treatise was written before Al-Qawāʿid wa al-Fawāʾid of the Shahīd al-Awwal. In our opinion, however, these two works are profoundly different in their style of writing, and hence, it must be reiterated that compilation of works on juridical principles in fact began with the Shahīd al-Awwal.

B. Works on Qawāʿid al-Fiqh.

The writing of these works by Imāmī Shīʿīs can be traced to Al-Qawāʿid wa al-Fawāʾid of the Shahīd al-Awwal. In fact, research in this field indicates that an increase in the number of works on juridical principles (qawāʿid al-fiqh) by Imāmī jurists, corresponds to a gradual decrease among Sunnī jurists. It must be noted, however, that even before the Shahīd al-Awwal, discussions of juridical principles are found scattered in the pages or in the prefaces of books on fiqh and uṣūl written by Imāmiyyah jurists, namely Abū al-Makārim b. Zuhrah (511–585/1117–1189) in Ghunyat al-Nuzūʿ ilā ʿIlmay al-Uṣūl wa al-Furūʿ, al-Muḥaqqiq al-Ḥillī (602–676/1205–1277) in the Muʿtabar, or the Shahīd al-Awwal himself in Dhikrā al-Shīʿah, by in which along with the discussion of

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other subjects mention is made of the legal principles which a mujtahid needs to know. At any rate, the first book which is specifically entitled "qawāʿid" and devoted mainly to this subject is Al-Qawāʿid wa al-Fawāʾid. Its celebrated author who is well aware of its unique position in the Imāmiyyah school, praises the work in the following terms in an ijāzah which he wrote for Ibn al-Khāzin:

"The Kitāb al-Qawāʿid wa al-fawāʾid which I have compiled, is a concise work which consists of general rules in uṣūl and fiqh and it is from these principles that laws (aḥkām al-Sharʿiyyah) are deduced andandand no one else among the Imāmiyyah has compiled such a book."

It must be pointed out that in addition to juridical principles, the book also deals with the principles of jurisprudence as well as literature. On the whole it treats of about 303 principles (qawāʿid) and a hundred other notes and points (fawāʾid and tanbīhāt).

The first lithograph edition of this work was published by Mullā ʿAlī Akbar Kirmānī in Tehran in 1270-1852. It was later printed with some glosses by Shaykh Bahāʾī, commentary by al-Ḥarfūshī and notes by Sayyid Muḥammad ʿAṭṭār Lawāsānī in 1308 S.H.-1929, followed by a third and undated edition. Finally, Dr. Sayyid ʿAbd al-Hādī Ḥakīm prepared a fourth critical edition, published in Najaf in 1400-1980, reprinted by Maktabah Mufīd.

Due to its arrangement and distinct style, the Qawāʿid of the Shāhid al-Awwal soon attracted the attention of learned circles among Imāmiyyah Shīʿah. Included in the curricula of the centers of learning, it was recommended to the students and scholars who hoped to attain the degree of ijtihād. Numerous notes and glosses, as well as, commentaries were written on it by celebrated scholars and jurists, a few of which include the following titles:

1- Ḥāshiyah by Abū al-Qāsim al-Faqʿānī al-ʿĀmilī (d. 850-1466).

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2- Ḥāshiyah by Shaykh Bahāʾ al-Dīn Muḥammad al-ʿĀmilī (953-1035/1546-1625), published in part with the text in Tehran in 1308/1929.

3- Ḥāshiyah by Mīrzā Qāḍī b. Kāshif al-Din Muḥammad Yazdī (was alive in 1056/1646).

4- Sharḥ by Shaykh Muḥammad b. ʿAlī b. Aḥmad al-Ḥarfūshī (d. 1059/1649), entitled al-Qalāʾid al-Saniyyah ʿalā al-Qawāʿid al-Shahīdiyyah, published in part with the text in Tehran in 1308/1929.

5- Ḥāshiyah by ʿAlī b. ʿAbd Allāh Shūshtari Iṣfahānī.

6- Sharḥ by Mirzā Abū Turāb, known as Mīrzā Āqā Qazwīnī Ḥāʾirī (died after 1292/1875, probably in 1300/1882), a pupil of the author of jawāhir al-kalām.

7- Ḥāshiyah by Mīrzā Muḥammad b. Sulaymān Tunikābunī (1230-1302/1815-1884), author of Qiṣaṣ al-ʿUlamāʾ. The manuscript of this work has not been published.

8- Ḥāshiyah by Mowlā Muḥammad b. Muḥammad Bāqir Najafī Īyrawānī, otherwise known as Fāḍil Īrawānī (d. 1306/1888).

9- Sharḥ by Sayyid Ismāʿīl b. Najafī Ḥusaynī Tabrizī Marandī (d. 1318/1900), the original text of this work is found in Āyatullāh Marʿashī library in Qum of which I have a facsimile in my personal library.

10- Sharḥ by Sayyid Mahdī Mazandarānī entitled Maṣābīḥ al-Ẓalām fī Sharḥ Qawāʿid al-Aḥkām, the original text of which, in the commentator's handwriting, is found in the Marʿashī Library in Qum.

11- Ḥāshiyah by ʿAli b. al-Riḍa al-Khūʾī (incomplete).

12- Ḥāshiyah by Sayyid b. Maḥmūd Ḥāʾirī Ṯehrānī Ḥusaynī Lawāsānī (1264-1356/1848-1937), known as ʿAṣṣār, published with the text in Tehran in 1308/1929.

103 The Codification of Islamic Juridical Principles

The Qawāʿid of Al-Shahīd al-Awwal has been revised and recast by several jurists who followed him. A number of these recensions are:

1- Naḍd al-Qawāʿid al-Fiqhiyyah ʿalā Madhhab al-Imāmīyyah, by Fāḍil Miqdād b. ʿAbd Allāh al-Suyūrī al-Ḥillī (d. 826-1423), an eminent pupil of Al-Shahīd al-Awwal. After deleting the redundant parts of the work, he named it Jāmiʿ al-Fawāʾid fī Talkhīṣ al-Qawāʿid. Later, adding only the new “Bāb Qismah” he recast the work according to the furūʿ of fiqh and entitled it Naḍd al-Qawāʿid al-Fiqhiyyah ʿalā Madhhab al-Imāmiyyah.

C. Other Works on Qawāʿid al-Fiqhīyyah:

Since Al-Shahīd al-Awwal, other celebrated jurists have attempted to collect and compile works on the juridical principles. As noted above, some wrote notes and glosses or composed commentaries on the Shahīd’s work. Others, however, while drawing on the works of their predecessors, compiled independent works for the benefit of the juristic circles, namely:

1- Al-Aqṭāb al-Fiqhīyyah ʿalā Madhhab al-Imāmīyyah, by Muḥammad b. ʿAlī b. Ibrāhīm al-Iḥsāʾī, known as Ibn Abī Jumhūr (d. 901-1495), recently published by Marʿashī Library in Qum.

104 ḤIKMAT

qawā'id of fiqh. Al-Marāghī frequently quotes from his mentor without mentioning his name, but according to the author of Al-Dhari'ah, he probably refers to Shaykh 'Alī b. Ja'far Kāshif al-Ghiṭā. Lithograph editions of it have been published in Tabriz (1274/1875) and Tehran (1292/1875).

4- Al-Maqālīd al-Ja'farīyyah by Muhammad Ja'far Shariy'at Madār Istarābādī (d. 1263/1847). A fine copy of this work is found in the Mar'āshī Library in Qum, of which I have a facsimile in my personal library.

5- Al-Qawā'id al-Fiqhīyyah by Sayyid Muḥammad Mahdī Qazwīnī Ḥillī Najafī (d. 1300/1882). This work treats of 75 qawā'id of fiqh.

6- Al-Qawā'id al-Fiqhīyyah (2 vols.) by Shaykh Mahdī b. Ḥusayn b. 'Azīz Khāliṣī Kāẓimī(d. 1343/1924).

7- Taḥrir al-Majallah, by Shaykh Muḥammad Ḥusayn al-Kāshif al-Ghiṭā' (1294-1373/1877-1953).

8- Al-Qawā'id Uksīnīyyah, by Sayyid Ḥasan Ḥusaynī Qumī Ḥā'irī, a compilation of the lectures of Mīrzā Shirāzī on several qawā'id of fiqh.

9- Al-Qawā'id al-Sittah 'Aashar, by Shaykh Ja'far Kāshif al-Ghiṭā' al-Najafī. A lithograph edition of this short treatise was published, along with another work by the same author, al-Ḥaqq al-Mubīn, in Qum in 1306/1889.

10- Al-Qawā'id al-Shar'īyyah, by Shaykh Ismā'īl b. 'Alī Naqī Tabrīzī (d. 1295/1878).

11- Bulghat al-Faqīh by Sayyid Muhammad Baḥr al-'Ulūm Ṭabāṭabā'ī (d. 1326/1908), of which two lithograph and later a letter-set edition in four volumes were published in Najaf.

105 The Codification of Islamic Juridical Principles

12- Al-Qawā'id al-Fiqhīyyah (7 vols.), by Sayyid Muḥammad Ḥasan Mūsawi Bujnūrdī. This valuable work includes 70 qawā'id of fiqh.

13- Al-Qawā'id al-Fiqhiyyah, by Shaykh Muḥammad Ḥusayn Yazdī (d. 1329/1911). Its original copy is found in the Martyr Muṭahharī College (Masjid Sepahsālār).

14- Tashīl al-Masalik ilā al-Madārik, by Mullā Ḥabīb Allāh b. 'Alī Madad b. Ramadān Kāshānī (d. 1340/1921), with a brief exposition of 500 qawā'id of fiqh.

15- Qawā'id al-Faqih, by Shaykh Muḥammad Taqī Āl-e Faqīh 'Āmilī, twice published in Lebanon.

16- Al-Qawā'id al-Fiqhīyyah (4 vols.), by Nāşir Makārim Shirāzī.

17- Lamaḥāt 'alā al-Qawā'id al-Fiqhīyyah fi al-Aḥādith al-Kāzimīyyah, by Sayyid Muḥammad Khāminih'ī. Compiled for presentation at the Third World Congress on Imām Riḍa (may peace be upon him) (March 1988), it was published in Majmū'at al-āthār al-Mu'tamar al-'Ālamī al-Thālith lī al-Imām al-Riḍā 'alayh al-salām (Vol. 1, pp. 169-258), this short treatise treats of 23 qawā'id of fiqh, drawn from traditions transmitted from Imām Mūsā b. Ja'far (may peace be upon him).

D. Persian Works on the Qawā'id of Fiqh:

In addition to the works mentioned above, all of which are in Arabic, the following are some Persian books on the qawā'id of Imāmī fiqh.

1- Qawā'id-e Fiqh, by Mirzā Maḥmūd Shahābi Khurāsānī (1321/1904), published by Tehran University.

2- Qawā'id-e Fiqh, by Ḥājj Shaykh 'Alī Bābā Firūz-kūhī, often reprinted, the last time in 1313 H. Sh. /1924.