Qur'ānic and Early Islamic Law
and legalism
IN PROGRESS 2007-8
Stephen Lambden Ohio University
(Athens, Ohio).
MISCELLANEOUS WEB
PAGES
____________________
The four Sunni Legal
Schools and select major representatives
(in loose
chronological order):
[1]
Abū Ḥanīfah = Imam
Muhammad Nu’man ibn Thabit ... (c. 80-148 AH= c. 699-767 CE)
Founder of the Hanafi
school of Islamic
[2]
Mālik ibn Anas =
Abū `Abd-Allah Malik ibn Anas / ibn Malik ibn 'Amr al-Asbahi (c. 94-179 = c. 716-796).
Author of
the first major law book al-Muwaṭṭā', the Mālikī school of law trace
their roots to him.
During the first/seventh century and early part of the second/eighth century
compilation was limited to writing down those baáĩth in oral circulation.
Later scholars started grouping hadītb under titles indicating their subject
matter. This type was called musanna/, i.e. classified or systemized
compilation.
Although Ibn Jurayj, (d. 150/767), and Ma'mar b. Rashid, (d. 153/770), were
the first compilers of musannaf, yet the best-known work of this type is al-Muwaṭṭā'
of Mālik b. Anas, founder of the second major law school, which also
contains opinions and legal decisions.
The Muwaṭṭā ՝ was revised several times over forty years by its author, who
flourished in Medina, having studied earlier with renowned scholars there,
and in turn taught those revised works to his disciples. Mālik's revised
work survived in some different versions through his disciples, notably
Yahya b. Yahya al-Laythĩ of Cordoba (d. 732/848), and of Muhammad b. al-Hasan
al-Shaybănĩ (d. 189/804), the well known Hanafī authority. Yahya's version
is the more popular.
The Muwaṭṭā's sixty-one chapters, here called " books " (sing, kitāb), are
arranged according to the categories of the religious law, each dealing with
one topic such as purity, prayers, ŗakāh (alms-tax), fasting and so on.
Chapters are divided into sub-chapters (sing. băb). A bah may begin with a
relevant hadīth followed by comments, or with a question addressed to
Mālik followed by his answer, either alone or supported by a hadīth or a
Quranic verse, or by an opinion of a Companion or a Follower, or by the
custom prevailing among the people of Medina.
Among the 1,720 hadītb existing in Yahya's version, which include 613
statements attributed to Companions and another 285 attributed to Followers,
there are 61 without an isnād, some with interrupted isnāds and 222 in which
the narrating Companion is not mentioned. Some scholars later discovered
complete isnăds for those hadīth.
Alarmed by the increasing circulation of spurious hadīth, Mālik and many
other theologians of this period denounced, like those before them, the
promoters of such falsehood, thus enlarging the foundations of the science
of Hadtth criticism and adding to its terminology. Mālik himself is credited
with the following statement, which approaches a classification of
muhaddiths (transmitters of Hadīth} :
Knowledge should not be accepted from four categories [of transmitters], but
may be received from others. It should not be accepted from persons
advocating heretical views, or from idiots, no matter what they may claim to
know, or from those who lie to people, even if they may not be expected to
lie about the Prophet, or from persons of integrity and righteousness who
are not sufficiently accurate." (CHAL 1:272-3).
Editions:
- al-Muwaṭṭā', ed. Muhammad Fu'ād 'Abd al-Baqī, Cairo
1952-3;
- Muwaṭṭā' Imam Mālik, recensions of
Yahya b. Yahya al-Laythī.
Dar al-Nafa'is, 1390/1970 + 1414/1994. (756pp.).
- Beirut 1985; ed. 'Abd al-Majīd
Turkī, Beirut 1994
- al-Muwaṭṭā'
al-Shaybanī, Muwaţţa' Muhammad.
- al-Muwaṭṭā'.
Edited by Fārūrq Sa'd. Beirut: Dar al-Afaq al-Jadida, 1981.
Muhammad b.
Sa`d `Abd al-Baqi al-Zurqani (d. 1122/1710).
Ibn al-'Arabī = Abū Bakr
Muhammad ibn 'Abd-Allāh ibn al-'Arabī
al-Ma`āfirī (d. 543/1092).
Andalusian Mailikī jurist and
commentator who was qaḍī (judge) in his native Seville. He journeyed to
Syria and Iraq and Egypt and was a one time pupil of `Abd al-Ḥāmid al-Ghazālī
(d.505/1111). See J. Robson EI2 III:707; McAuliffe, 2006 [CCQ] pp.194-196.
- Ahkām al-Qur'ān ("The
Legal Rulings of the Qur'an). ed. Muhammad
'Abd al-Qadir 'Aţa. 4 vols. Beirut: Dār al-Kutub al-'Ilmiyyah.
1408/ 1988.
- Anwār al-fajr. ("The Light of ther Dawn"). Lost.
- al-Amad al-aqṣā ("The Furthermost Pillar"). On the
Divine Names and Attributes. In mss. Rabat and Istanbul...
'Abd al-Ghanī al-Nābulsī
(d. 1143/1730)
-
Dhakha'ir
al-mawarīth fi'l-dalālah 'alā mawădī al-Ḥadĩth, Cairo, 1934, 4 vols.
-
Dhakha'ir
al-mawarīth fi'l-dalālah 'alā mawădī al-Ḥadĩth, ed. `Abd-Allah
Mahmud Muhammad `Umar. 3 vols. Beirut: Dar al-Kutub al-`Ilmiyya.
1419/1998.*
-
-
This work
"treats the Six Books and al-Muwattā', arranges in alphabetical order
the names of the Companions through whom hadīth are traced, and quotes,
under the name of each Companion, the aṭrāf of his hadīth, also arranged
alphabetically, followed by their references. The total of hadīth quoted
in this work is 12,302, derived from 1,131 Companions including 129
women." (CHAL 1:ADD).
[3]
Tomb of al-Shāfi`ī
(Cairo)
Shāfi`ī,
Abū Abd-Allah Muhammad ibn Idrīs (150-204 AH = 767-820
CE)
Muslim jurist and
reputed `Father of Islamic Jurisprudence'. The Sunni Shāfi`ī school was
based on his legal, doctrinal teachings.
- Kitāb al-Umm, 7 vols, Cairo,
1321-5/1903-8.
- Kitab al-umm, Beirut: Dar al-Fikr,
n.d.
- Jumā` al-`Ilm. ed. Ahmad
Muhammad Shākir, Cairo: ADD., 1359/1940.
- al-Muṣnad. 2 vols. ed.
Muhammad `Ābid al-Sindī. Cairo: XXXX., 1369/1950.
- Kitab Aḥkam al-Qur'ān. 2
vols. ed Muhammad Zāhid al-Kawtharī. Cairo: XXX., 1371-2/1951-2.
- Kitāb al-Umm, 7 vols, Cairo,
1321/1903.
- Kitab al-umm, Beirut: Dar al-Fikr,
n.d.
Risāla
("The Epistle").
- Risāla fi usul al-fiqh. Cairo: XXXX., 1358/1940.
- Risāla. Cairo: XXXX., 1358/1940.
Khadduri, Majid.
- Islamic Jurisprudence:
Shāfi`ī's Risāla. John Hopkins Press, 1961.
- al-Shafi`i's Risala, Treatise
on the Foundations of Islamic Jurisprudence, Trans. with Introduction,
Notes and Appendices. 2nd ed. Cambridge: The Islamic Texts Society, 1997
(379pp.).
*
-
Al-Shafi'i's
Risala fi Usul al-Fiqh : Treatise on the Foundations of Islamic
Jurisprudence. Trans. Majid Khadduri, John Hopkins Press, 1961 + 2nd ed.
Cambridge: Islamic Texts Society, 1997. 379pp.*
[4]
Ibn
Hanbal, Aḥmad b. Hanbal (164-241 =
780-855) d. Baghdad 241/855. Muslim Traditionalist, theologian and jurist.
Wikipedia:
http://en.wikipedia.org/wiki/Ahmad_ibn_Hanbal
"The Musnad of Ahmad b. Hanbal, (d. 241/85 5), founder of the fourth [p.274]
law school, is the best known of this category. It was transmitted through
Ibn Hanbal's own son, 'Abdullah (d. 290/903), and then through 'Abdullah's
disciple, Abū Bakr al-Qaţl'î, (d. 368-979), both of whom made a few
additions. It relates on the authority of 700 male and almost 100 female
Companions whose names are arranged according to their seniority, beginning
with the first four caliphs (the "Răsbidũn"}. It contains 30,000 hadtīhs,
excluding 10,000 repetitions, filling six large volumes in small type in its
Cairo edition (1312-13). Although the claim that the Musnad contains a few
discredited hadīth was rejected by later scholars, it is admitted that some
are "weak" (da'if}. However, to some jurists, like Ibn Hanbal himself, this
type of hadīth was useful in making legal decisions" (CHAL 1:273-4).
The Musnad of
Ibn Hanbal which contains over 27,000 hadith was first printed in Egypt in
six volumes in the early 1890s under the direction of Ahmad al-Babi al-Halabi.
A Commentary on the Musnad was
written by Muhammad ibn Abd al-Hadi (d. Medina, 1138/1726) according to `Abd
al-Qadir Ibn Badran, al-Madhal ila maühab al-imam Ahmad ibn Hanbal (Cairo n.
d.), 246 = ed. Abd Allah ibn Abd al-Muhsin al-Turki (Beirut 1401/1981), 473.
Melchert,
Christopher (Oxford University)
-
`Musnad of
Ahmad ibn Hanbal: How It Was Composed and What Distinguishes It from the
Six Books' in Der Islam vol. 82 (2005), 32-51.
-
`Ahmad ibn Hanbal
and the Qur'am' in Journal of Qur’anic Studies 6:2 (2004) Abstarct =
-
"Ahmad ibn
Hanbal (d. Baghdad, 241/855) was the central, defining figure of Sunnism
in the earlier ninth century C.E. He was a major collector and critic of
hadith, as well as stories of early renunciants, and his collected
opinions would form the literary basis of the Hanbali school of law. Men
would assert as a badge of orthodoxy that their creed was Ahmad’s (e.g.
Muzani, Tabiri, Ash’ari). He famously resisted the Inquisition of Ma’mun
and his successors, refusing to acknowledge that the Qur’an was created.
-
Ahmad’s ideas about the Qur’an are found in collections of his answers
to questions (masa’il), in biographies (both of him personally and of
his followers), and in his Musnad. They show a devotion above all to the
liturgical use of the Qur’an; for example, how it should be recited
aloud, how it should be integrated with the ritual prayer. He did not
tend to infer the law directly from the Qur’an, but from hadith, and put
together his own version of the text (qira’a), although it is not
preserved. (The report that he assembled a huge Qur’anic commentary is
doubtful). Therefore, it was not mainly as a record of Islamic law that
Ahmad defended the transcendence of the Qur’an but more directly as the
basis of Islamic piety."
Patton, W. M.,
______________________________________
al-Nawawī,
Muhyi al-Din Abū Zakariyyā' Yaḥyā ibn Sharaf ibn
Muri .... (631-676 AH = 1233-1277CE)
- Al-Maqasid: ma yajib ma'rifatuh min al-Din (The
Objectives: what is necessary to know of the religion). A "synopsis of
Shari'ah in 7 sections: Fundamentals of the religion, Purification,
Prayer, Zakah, Fasting, Pilgrimage, and Virtues.
- al-Maqasid Imam Nawawi's Manual of Shariah By Imam
al-Nawawi (died 676/1277) Edited and translated by Nuh Ha Mim Keller.
First published 1994, ISBN 0-9638342-1-5, LC 93-087727 Paperback,
8.5x5.5 inch, 148 pages. Re-published by The Islamic Texts Society.
- Sharh = Sharḥ Sahih Muslim, 18 vols, in 8, Cairo
1349/1929-30; ed. Khalīl Muhammad Shīhā.
- 19 vols, in 10, Beirut
1995
- Kitab al-Arba`in ("Book of the
Forty [Traditions]")
- Sharh Kitab al-Arba`in ("Commentary
upon the Book of the Forty [Traditions]") -- There are many commentaries
written on the above collection.
-
Sharh Sahīh Muslim, on margin of: al-Qasţallănl, Irshăd
al-Sărî li-Sharh Sahīh al-Bukharī, 12 vols, Cairo, 1326/1908.
URL
Ibn Taymiyyah = Taqi al-Din, `Abū 'l-`Abbās Aḥmad ibn `Abd-Allāh al-Halim
(d.728/1328).
- The Medinan Way: the Soundness of the Basic Premises
of the School of the People of Madina. Trans. of Sihhat usul madhab ahl
al-madinah by Aisha Bewley. Norwich, U.K.: Bookwork, 2000.
- Al-Siyasah al-Sha`riyya. Trans. by Omar A. Farrukh as
Ibn Taymiyya on Public and Private Law in Islam. Beirut: Khayats, 1966.
al-Misri, Ahmad ibn
Naqib al-Misri (d.769/1368)
-
Reliance of
the Traveller: The Classic Manual of Islamic Sacred Law Umdat Al-Salik.
Trans. Noah Ha Mim Keller. Beltsville, Maryland, USA.,: Amana
Publications. 1991, revised ed. 1994. ISBN-10: 0946621535 ISBN-13:
978-0946621538 (Arabic + English text,
1232+2pp.).*
"A translation of the
classical manual of Islamic Sacred Law (Shari'ah) `Umdat as-Salik by
Ahmad ibn Naqib al-Misri (d. 769/1386), in Arabic with facing English
text, commentary and appendices edited and translated by Nuh Ha Mim
Keller. First published 1991, second printing 1993 (ISBN 0-9638342-0-7)
Revised Edition 1994 ISBN 0-9638342-2-3, CIP 94-19018, hardcover,
9.5"x6.5", 1254 pages. Information about the Text 'Umdat al-Salik wa 'Uddat
al-Nasik (Reliance of the Traveller and Tools of the Worshipper) is a
Sunni manual of Fiqh (Islamic jurisprudence). It is based mainly on the
fiqh conclusions of Imam al-Nawawi, the great Hadith master (hafiz) and
Shafi'i scholar of jurisprudence (mujtahid). The appendices form an
integral part of the book and present original texts and translations
from classic works by al-Ghazali, al-Nawawi, al-Qurtubi, al-Dhahabi, Ibn
Hajar and others, on topics of Islamic Law, faith, spirituality, Qur'an
exegesis and Hadith sciences, making the work a living reflection of
Islam as understood by some of its greatest scholars. It has also
biographical notes about every person mentioned (391 biographies),
bibliography of each work cited (136 works), and a detailed subject
Index (95 pages). Of the 136 works drawn upon in its commentary and
appendices, 134 are in the original Arabic. The sections and paragraphs
have been numbered to facilitate cross-reference."
Ibn Rushd, Muhammad ibn Aḥmad =
Averroes ( XXX-XXX = 1126-1198).
http://www.muslimphilosophy.com/ir/index.html
- Bidyat al-Mujtahid (Compartive Fiqh book): Arabic E-text
(edited, without the critical apparatus.) Source: Muhadith.org (Zipped)
:
http://www.muslimphilosophy.com/books/BIDMJ.htm
- Bidayat al-Mujtahid. Trans. by Imran Ahsan Khan
Nyazee as The Distinguished Jurist’s Primer. Reading, U.K.: The Centre
for Muslim Contribution to Civilisation, 1994. 2 vols.
Imamī Shī`ī Islamic Legalism
 
ADD HERE
Refer :
http://www.hurqalya.pwp.blueyonder.co.uk/BIBLIOGRAPHY-HYP/02-HADITH/Shi%60i%20Hadith.htm
ISLAMIC LAW: SELECT BIBLIOGRAPHY
General and Miscellany.
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al -`Alwani, Taha Jabir.
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-
The Ethics of Disagreement in Islam.
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-
Usul al Fiqh al-Islami: Source
Methodology in Islamic Jurisprudence: Methodology for Research and
Knowledge. Herndon, VA: The International Institute of Islamic Thought,
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Burton, John,
-
Abū 'Ubaid's
Kitāb al-nāsikh wa-'l-mansukh, Gibb Memorial Trust, Cambridge, 1987.
*
-
The sources
of Islamic Law, Edinburgh, 1990.*
-
An
Introduction to the Ḥadîth. Edinburgh: Edinburgh
University Press, 1994.
*
Brunschvig, R.
-
'Les usul
al-fiqh Imamites a leur stade ancien (Xe et XIe sičcles)', in Le
Shī'isme I marnate (Paris, 1970), pp. 201-13
Calder, N.
Cilardo Agostino
-
Qur'anic Term Kalala: Studies in Arabic
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Islamic Law. Edinburgh Univ Press., 2006., (116 Pp.) ISBN =
074861916X.
*
Coulson, N. J.
Dutton, Yasin.
-
`Amal v. Hadith in Islamic Law: The Case
of Sadl al-Yadayn (Holding One’s Hands By One’s Sides) When Doing the
Prayer,” Islamic Law and Society 3,1 (1996): 13-40.
-
The Origins of Islamic Law: The Qur’an,
the Muwatta’ and Madinian ‘Amal (London: Curzon Press, 1999).
-
Review of John Burton, The Sources of
Islamic Law:
Eliash, Joseph.
Esposito, John L.
Forte, David F.
Fyzee, A. A. A
1949. Outlines of Muhammadan law. [Calcutta ; New
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Fyzee, A. A. A. and S. T. Mahmood
Hodgson, Marshall G.S.
-
The Venture of Islam: Conscience and
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Huxley, Andrew.
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Kamali, Mohammed Hashim. `
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Melchert, Christopher.
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Centuries C.E. Leiden: Brill, 1997.
Modarressi Tabataba`i, Hossein.
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Imamite Shi'Ite Thought. Darwin Press, 1993. ISBN = 0878500952
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Eary Shi'Ite Literature. Oneworld Pubns Ltd ., 2003 (384pp.) ISBN =
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Motzki, Harald
-
“The Role of Non-Arab Converts in the
Developmentof Early Islamic Law” in
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VI, 1999, pp.
293–317.
-
The Origins of Islamic Jurisprudence:
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-
An Introduction to Islamic Law.
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Stewart, Devin.
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-
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-
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Zwemer, S. M.
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