Al-Qādī al-Nu´mān b. Muhammad es el más destacado y prolífico de los estudiosos fatimíes y el fundador de la jurisprudencia ismā´īlí. En su epístola “La clarificación elocuente para la refutación de Ibn Qutayba”, todavía en manuscrito, al-Nu,mān se lanza a una polémica en contra de Ibn Qutayba, que había vivido un siglo antes. Es probable que la epístola fuera escrita en la época de al- Mu´izz a petición de un tutor anónimo de los hijos del califa. En ella, al-Nu´mān se (...) propone refutar la afirmación de Ibn Qutaybba, incluida en la introducción de su famosa obra Adab al-Kātib, según la cual era suficiente para la realización de sus tareas que los kuttāb, o funcionarios del estado, memorizaran una serie de fórmulas legales simples, sin tener que aprenderse las largas disertaciones de los fuqahā’ o doctores de la ley. Al-Qādī al-Nu´mān, un faqīh famoso, se dedica en la epístola a demostrar que sin estas disertaciones no se podía aplicar la ley correctamente. En su texto se refiere a cada fórmula legal mencionada por su rival en Adab al-Kātib y demuestra cómo la ley se debería aplicar basándose en la autoridad de los imāmes del Ahl al-Bayt, la Familia del Profeta Muhammad. También refuta las distintas interpretaciones legales sunníes de estas mismas cuestiones. (shrink)

The Epistle of the Eloquent Clarification concerning the Refutation of Ibn Qutayba by Al-Qāḍī al-Nuʿmān b. Muḥammad. Edited by Avraham Hakim. Islamic History and Civilization, vol. 90. Leiden: Brill, 2012. Pp. xi + 22 + 175. $129, €94.

The early period Ismaili jurist Al-Qādî al-Nu'mān appears as an important figure in the formation of Ismaili jurisprudence. There is very little information about Kadı Nu'mân's family, childhood, education and intellectual environment. His full name is Abû Hanîfah Nu'man b. Muhammad b. Mansûr al-Qādî at-Tamîmî Al Qayrawānî. He was born around 290/903 (late 3rd (9th) century) into an educated family in Qayravan in North Africa. There are different opinions about the sect he belonged to when he was growing up. On (...) the other hand, it is difficult to say for certain whether Nu’mān received education in the Ismaili sect due to the understanding of taqiyya in the madhhab. However, it is understood from the basic jurisprudence texts Nu’mān wrote that he most likely did not receive a Sunni education. Historians refer to him as 'Qadi Nu’mān or Abu Hanifah al-Shi'i' in order not to confuse him with the imam of the Hanafi school. Qādî Nu’mān served at different levels of the Fatimid State. Around 313/925, he entered the service of the first Fatimid caliph, Mahdi (r. 909-934 CE/297-322 AH), as a copyist and secretary. During the reigns of the third caliph Mansur and the fourth Fatimid caliph Mu’izz (d. 365/975), Qādî Nu’mān first served as a judge in Tripoli and then in Mansouriya, the Fatimid capital. After the Fatimids conquered Egypt and the center of government was moved to Cairo, Qādî Nu’mān was appointed by the fourth caliph Mu’izz as the head of the appellate courts (maẓālim). Qadi Numans career was at the peak in the period of Caliph Muiz. Qādî Nu’mān worked as a judge in the Fatimid State for about twenty-six years and continued this duty until his death in 363 (973). After the fall of the Fatimid caliphate, there haven’t been any other Fatimid or Ismaili jurists. Qādî Nu’mān is considered by contemporary Ismaili writers as a figure who systematically transformed Ismaili fiqh into an independent sect of fiqh. It can be said that Ismaili fiqh was developed through his works in the Fatimid period. His works continued as the main references in the fiqh studies and after the Fatimid period. With the death of Qādî Nu’mān, the period of ijtihad in Ismaili fiqh and its the establishment phase of Ismaili fiqh came to an end; The sect, in which esoteric interpretations were at the forefront, emerged as a distinctive school of fiqh by discarding ambiguity. Qādî Nu’mān was a very productive writer. He wrote important works related to the field of furu al-fiqh and usûl al-fiqh. Among his works, Ikhtilāf uṣūl al-madhāhib is undoubtedly one of the most important works in the early history of fiqh methodology. The work in question, which was originally written with the aim of rejecting the Sunni fiqh method, discusses the approaches of the Sunni schools of fiqh on ikhtilāf, taqlid, ijma, nazar, qiyas, istihsan, ijtihad and ra’y in a polemical manner. It reveals the differences of the Ismaili method from the Sunni method in terms of the sources on which the fiqh is based, the authority to make ijtihad and the theory of interpretation of the texts. Qādî Nu’mān examined the relationship between reason and revelation in general and the role of religious authority in comprehending and interpreting the texts while criticizing Sunni methods. Ikhtilāf uṣūl al-madhāhib has the characteristics of the works of development period as a form. It is possible to observe the question-answer and dialectic form which can be seen in the works of the development period throughout the work in question. Qādî Nu’mān endeavoured to persuade his opponents with a dialectical and argumentative style. Again, he replied to the Sunnis, who were his interlocutors, with their own proofs. In addition to these, Ikhtilāf uṣūl al-madhāhib has a unique feature in the matter of content. Because it is not very familiar to any Sunni handbook of usûl al-fiqh. It does not mention the hâss, âmm, ijma, qiyas, amir, nahy, alfaz bets, etc. The text is very similar to the Ahbari movement of the Jafari sect for it rejects all forms of ijtihad. It was written at a time when fiqh was not yet stable. Ikhtilāf uṣūl al-madhāhib gives us crucial information about the development of different usûl and fiqh sources in the middle of the fourth century. However, what is interesting here is that the information he gives about Ismaili method and fiqh is very little compared to the one about Sunni method and fiqh. Much of it centered on Sunni thought and its rejection. However, his ultimate goal was to defend the Ismaili doctrine. (shrink)

: The corpus of fatwa named as Bostānu Shaqā’iq al-Nuʿmān, recorded in the Veliyuddin Efendi section under the number 1414 at Beyazıd State Library. It has been ignored so far. Because of its name, it may be thought that it is a part of Tashkoprulüzāde’s book Shaḳā’iḳ-i Nuʿmāniyya, but it is a nuqullu fatwa collection of Babakūshī ʿAbdurrahmān Efendi. In the famous Shaqā’iq appendix Atā’ī, which gives information about the biography of Abdurrahmān Efendi does not mention the book with (...) this name. Abdurrahman Efendi who was from a family in Plovdiv region worked in different positions in Istanbul and Edirne. Then, he was appointed as a mufti to Kefe, Crimea. He died in 983/1576. There is no information about his scholarly identity in ‛Aṭā‛ī except being the intern of Abū l-Suʿūd Efendi. In this essay, first of all, the place of Babakūshī in Ottoman Islamic Law tradition will be determined, and the features of the manuscripts and some notes on the postscript will be studied. In assessment section, especially because of the notes on the manuscripts, it has to be studied in terms of Islamic Law literature and its place should be figured out in fatwa literature. Summary: Nuqullu Fatwa collections that included citations were the books that were created for people to have access to the ruling on legal issues of scholars who were appointed as Muslim judges or muftis together with their sources and background. Although there are several studies in the literature about fatwa collections with citations Babakūshī ʿAbd al-Raḥmān Efendi's book titled Bostânu Shaqā'iḳ al-Nuʿmān was not included in the literature. ‛Aṭā‛ī provides information about the life of Babakūshī Abdurrahman Efendi. Atâ'î explains that he climbed the stairs with the help of Baba Efendi and joined the special group of people with aptitude at the level of apprenticeship. Then he raised also to the level of being the intern of Abū l-Suʿūd Efendi. Later, Babakūshī ʿAbd al-Raḥmān started to teach. He taught as a teacher for three years in Istanbul and then became the Mufti of Kefe replacing Molla Akmal al-Dīn. Molla Ekmeleddin, who was better known as Ekmel Efendi, just like ʿAbd al-Raḥmān Efendi, was an apprentice of Abū l-Suʿūd Efendi and would later be transferred to Cyprus after the island was conquered. According to Aṭā‛ī, ʿAbd al-Raḥmān Efendi remained in that position which he was appointed as Ṣahn teacher until his death and died in Zilqāda 983/February 1576. The highest position that Babakūshī took among the religious scholars organization in the Ottoman Empire was being the Mufti of Kefe. As stated by ‛Aṭā‛ī, he was appointed as the Mufti of Kefe with the title of Ṣahn teacher. Instead of giving information about his teachers, ‛Aṭā‛ī mostly concentrated on Baba Efendi who was one of his relatives. Therefore we do not have information about his mentors/teachers. We can say that he belonged to the Ottoman school of scholars since he was an apprentice of Abū l-Suʿūd Efendi. The copy which is the subject matter of this study is registered as Veliyüddin Efendi with number 1414 at Bāyezıd State Library. According to our research, the copy which has 237 sheets is the only copy of the book. From the expressions of Babakūshī in the preface, it is concluded that the book was written close to his death. There are several notes written with different pens as footnotes of the book. Here, four of them which are considered to be more important will be identified.First: Notes written with the same pen as the main text. These are generally citations from books such as Tatarkhāniyye, Hidāya, ‛İnâya, Kashf al-Asrâr Sharḥu Manār.Second: are 'maṭlabs' i.e. important matters. Third: are relatively inelaborate notes. These were written by someone who we thought was not a copyist/calligrapher when compared with the general style of the book. Fourth: Warning notes which included some questions. These are generally in Turkish. The preface of the book, provides sufficient information about who the author was and the nature of the book. ʿAbd al-Raḥmān Efendi, with the intention of writing a collection, started to research taking into account imams' and shaykhs' nāsikh and mensūkh and he also considered sheikhs' explanations about what was definite and what needed caution and taqwa in practice. He recorded that this search lasted for 3 years and he referred especially to Fatāwa-yi Qādikhān and Fatāwa-yı Tatarkhāniyya within this period and additionally reviewed and studied Islamic Law books that he found in the Ottoman Empire. He described that he divided these into chapters and inserted subject matters in the footnotes. Then he described how he gave the title, Bostānu Shaqā'iḳ al-Nuʿmān to the book emphasizing especially bostan.This could be seen in the expression, Masīratan li'l-Qudāt. No reference was made to Shaqā'iḳ al-Nuʿmān in the title of the book. Probably he had his intentions due to the famous book titled Şeḳ' āiḳ-i Nuʿmaniye and his pupils). In the chapter which started with Fasl right after the preface the author said that fatwa would be issued based on the opinions of three imams, namely Abū Ḥanīfa, Abu Yūsuf and Imām Muhammed that their madhap was followed and their good morals were observed. Then, it was stated that the Mufti could issue fatwas according to the opinions of first, Abū Ḥanīfa, then Abu Yūsuf and finally Imam Muḥammed. It was also stated that if he could not find their opinions and had himself muctehid, he could give his ictihad. The Fatwa collection, Bostān, is an important work among the 16th century Ottoman books since it is an important scholar's book who had witnessed Islamic knowledge in the central Ottoman Empire and Crimean region. (shrink)

The law of responsibility (compensation), which was formed around the concept of the ḍamān and was developed by the scholars within the system of furû‘ al-fiqh (substantive law) over time, constitutes one of the important parts of Islamic law. Although compensation law (ḍamān) was not addressed as a private subject in the first period fiqh literature, it is seen that the literature on this specific area started to emerge after the early period. It is the Hanafi jurists who first brought (...) together these issues that are scattered in the classical books of fiqh that are related to the law of responsibility. Compensation law took its classical form in the texts of the early periods and was shaped around the views of the founding imams of the Ḥanafī school (madhab). It has later been expanded with the fatwā and interpretations of the Sheikhs (mesāikh) of Hanafi in the type of waqi'at works. These works were a product of the need for the law to adapt to the new conditions. These issues, which are related to the compensation law in the Hanafi school have been covered as a special section (chapter) in the studies that are classified as waqi'at, such as Usrūshanī’s al-Fuṣūl fī al-muʿāmalat (Fuṣūl al-Usrūshanī), ʿImād al-Dīn al-Marginānī’s Fuṣūl al-iḥkām fī uṣūl al-aḥkām and Shaykh Badr al-Dīn’s Jāmiʿal-Fuṣūlāyn. Later, the topics discussed in these works were developed and continued, and ultimately separate works related to this field have been copyrighted. In this study, the kinds of development and expansion which are in the literature and related subjects will be discussed by examining the above-mentioned works. Therefore; first of all, the first examples of Hanafi jurists related the compensation will be analysed comparatively. Afterwards, the place of ad-Ḍamānāt fī al-furūʻ al-Ḥanafīyyah of Fuḍayl Chalābī (d. 991/1583), one of the Zenbillizade’s, will be addressed.Summary: The core idea of the law of responsibility, which constitutes one of the important parts of Islamic law, was stated in the Qur'an and Hadith, and then have accumulated by the contributions of the jurists (fuqaha), as they developed the idea of the law of responsibility within the furû‘ al-fiqh in relation to the systematic of the legal school (madhab) that they belonged to.These issues, which constitute one of the important parts of the law, were addressed by sprinkling among the topics in almost every part of classical fiqh books. In other words, the subject of ḍamān (responsibility) was not considered as a separate subject in the fiqh works of the first period. In this way, it is seen that the literature on compensation law started to emerge in the following periods, and at first several independent sections on this subject, and then separate works specific to this field, albeit limited in number, were written.It is the Ḥanafī jurists who first brought together these issues that are scattered in the classical fiqh books related to the law of responsibility. Compensation law, which took its classical form in the texts from early periods, shaped around the views of the pioneering imams of the Ḥanafī school, has been expanded with the fatwā and interpretations of the Sheikhs (mesāikh) of Ḥanafī in the waqi'at works, which is a product of the need for the law to adapt to new conditions. Firstly, one of the Ḥanafī jurists, Majd al-Dīn al-Usrūshanī (d. 637/1240) dealt with the responsibilities arising from the contract and unfair acts in the 29th section of his book named al-Fuṣūl fī al-muʿāmalat under the title “Types of Compensation Required to be Paid and Their Situation”. The method and system that Usrūshanī started in this work, the Ḥanafī jurisits ʿImād al-Dīn al-Marginānī in the Fuṣūl al-iḥkām fī uṣūl al-aḥkām and Shaykh Badr al-Dīn Ibn Qāḍī Samāwnā in the Jāmiʿ al-Fuṣūlāyn continued to develop the compensation section in their books. Afterwards Fuḍayl Chalābī (d. 991/1583), one of the members of Zenbillizade’s family, enriched these issues and made it an individual work, named ad-Ḍamānāt fī al-furūʻ al-Ḥanafīyyah. Marginānī titled the issues that Usrūshanī had handled in the compensation section and systemised it even more by gathering the fatwās on the related issues under one heading. It is noteworthy to mention that when the compensation sections of both works are compared, the way the subjects handled are exactly the same. But unlike Usrūshanī, Marginānī added the compensation for damages to the fetus in the womb and the responsibility of the person who brought back the fleeing slave at the end of the chapter. On the other hand, unlike them, Shaykh Badr al-Dīn added only the responsibility of the person who found the lost item. Considering that almost all of the topics in the compensation section of Sheikh Badr al-Dīn existed exactly in the compensation section of Marginānī, and that most of them were stated in Usrūshanī’s al-Fuṣūl, it is necessary to say that all of these discussions are based on Usrūshanī as the main backbone of this particular subject and that his work has a unique place in the Islamic legal literature. Chalābī’s ad-Ḍamānāt, is the first work that was written as a separate book in the field of compensation law. Even though in some modern works claim that the work Ghānim al-Baghdādī’s (d. 1030/1620) book named Majma‘ al-ḍamānāt fī madhhab al-Imām al-A'zam Abī Ḥanīfa al-Nu'mān was the first written book in this field; it is known that Chalābī's ad-Ḍamānāt had been written before Baghdādī’s Majma‘ al-ḍamānāt. As a matter of fact, the work of Chalābī had been completed in 984 Hijra, and the Baghdādī’s Majma‘ al-ḍamānāt was completed in 1027 Hijra. Although the subject sequence in Baghdādī’s work is different; this work is regarded as a continuation of the same tradition.An examination of the systematic and the content of the work reveals that Chalabi’s ad-Ḍamānāt is the continuation of the type of writing that Usrūshanī started and developed by Marginānī and Shaykh Badr al-Dīn. When compared with the compensation sections of these works before him, Chalābī has added new compensation issues to his book that are not addressed in these three works; such as partnership, mudaraba, suretyship (kafāla) transfer (ḥawāla), peace, legal disability (hajr), freedom of trade (idhn) and testament. Among the works mentioned above, works out of Shaykh Badr al-Dīn’s Jāmiʿ al-Fuṣūlāyn and Baghdādī’s Majma‘ al-ḍamānāt are available as manuscripts in the libraries. Therefore, these works have not been used much in modern studies on compensation. In addition, the Chalābī's ad-Ḍamānāt is almost unknown. Although there is little information about this work in some bibliographic studies, it is noteworthy to state that this work is not used as a source in contemporary studies written in Arabic on compensation law. The fact that this work is available as manuscripts in Istanbul libraries is probably the reason for this outcome. It is also very difficult to say that this work is known and used sufficiently in studies written in Turkish.Usrūshanī’s al-Fuṣūl fī al-muʿāmalat and Marginānī’s Fuṣūl al-iḥkām are currently in the form of manuscripts, so there is no comprehensive study on the whole work and the compensation section. It is possible to see the compensation issues discussed in the work, since Shaykh Badr al-Dīn’s Jāmiʿ al-Fuṣūlāyn, which has been published as printed, was translated into Turkish by an editorial group under the presidency of H. Yunus Apaydın. In addition, Kemal Yıldız, who translated the compensation section in this translation, published this section in Jāmiʿal-Fuṣūlāyn as a separate book with the name of “Sources of the Jāmiʿ al-Fuṣūlāyn and Compensation in the Practice of Ḥanafī School”. Yıldız, first introduced the sources of the Jāmiʿ al-Fuṣūlāyn in the first part of this work and then translated the compensation section from beginning to end by adding his own explanations and evaluations around the subject during the second part. Even though some introductory information about the books of Usrūshanī and Marginānī is presented in Yıldız’s study, the absence of information on the contents of the compensation sections of these books does not allow the opportunity for the researchers to evaluate on the subject wholly. (shrink)

Dashtakī Shīrāzī's commentary on al-Suhrawardī's Hayākil al-nūr.

al-juzʼ 1. [Without special title] -- al-juzʼ 2. al-Masmūḥ wa-al-mamnūʻ fī firāsh al-zawjīyah.

: Muḥammad ibn Yūsuf al-Sanūsī, who was one of the theologian of later Muslim Asʿharī theologians, is one of the scholar came to the fore in Maghrib. Although al-Sanūsī shapes his thoughts within the Asʿharī’s kalam system, he presents new contributions to this system with his own unique perspective. In particular, his effort to give importance to reason in maʿrifat Allāh is remarkable. According to him, maʿrifat Allāh can only be reached with reflection. Also the reflection is waʿẓ or contexture (...) process done in the reason. When a method is followed, such an reflection leads to the maʿrifatullāh. In particular, the ruling wisdom adds a form to the functioning of the reason through its perceived and compassionate perceptions. For a believer to know the necessary, the permissible and the impossible is to use the reason. In this context al-Sanūsī imposes a central role in the concept of judgment. If the human can operates its reason in this way, necessarily will comprehend that he/she is created. In the process of acquiring the knowledge, al-Sanūsī draws attention to the heart as much as the reason and that shows that he is in the effort of combining these two. Summary: Muḥammad ibn Yūsuf al-Sanūsī is a scholar raised at the Maghreb geography. Although al-Sanūsī, living in the 9th/15th century, gave a lot of work in different fields, his theologian identity became front-line. By standing against the innovation that he had seen during his era, he wrote many beliefs works. Among these works, the relation of maʿrifat Allāh-reason attracts attention. al-Sanūsī thinks that the most important means of delivering to maʿrifat Allāh is deduciton. According to him, the deduction is “to reveal the known to reach the desired thing or to arrange two or more works”. If we evaluate this definition in terms of Asʿharī tradition, we will see that al-Sanūsī is in the effort to emending the definition of his al-Qāḍī al-Bayḍāwī’s definition who is his contemporary. al-Bayḍāwī described deduction as ‘to organize things that are not known to be known’. al-Sanūsī made a contribution to this recognition. He has adopted the arrange part completely and also add the waʿẓ expression into that. The reason why al-Sanūsī goes to such a separation is the reason for trying to explain the functioning of the reason in a logical form. In the logical sense, the thought consists of envision and confirmation. From these concepts that constitute thought, envision refers to waʿẓ, and confirmation refers to arrange. If the definition of al-Bayḍāwī is accepted as valid, the envision in reason is incomplete. This shows the importance that al-Sanūsī gives to the functioning of the reason in terms of the achievement of the maʿrifat Allāh. The confirmation made without envision can lead a person to imitation. Therefore, the deduction made by waʿẓ must be taken into account. It can be imagined groundlessly that in the definition of deduciton which al-Sanūsī made, he had an understanding of reason that doesn’t base on Allah. However, al-Sanūsī has never broken the Asʿharī tradition in this matter. According to al-Sanūsī, both the deduction and the knowledge formed as a result of this, is Allah’s creation without means. There is no influence of deduction on knowledge and also the knowledge on deduction. Also, the human has no influence neither in inference nor knowledge. It seems to be contradictory to the definition of such a discourse. However, he made his interpretations within the framework of the understanding of the omnipotence that the Asʿharites had drawn. It is unthinkable that Allah, who created everything and even man’s actions, can’t be imagine that doesn’t create thought. Intellect produces knowledge, but Allah creates both intellect and the knowledge produced by intellect. al-Sanūsī, while describing deduction, said that it could be produced with waʿẓ in the sense of envision. However, there is another very important concept that creates a conception from his point of view, which is “judgment”. According to him, judgment is “the proof or negation of something”. The phrases “the universe is created” or “Allah is not created” are the examples of a proof or negation of an issue. See, this is a judgment. In this sense, envision is a road to judgment. That is, the information obtained by envision reaches a judgment in the forms of the reason. al-Sanūsī classify the judgment in to three: lawful, ordinary, intellectual. The lawful judgment is the salutation of Allah with the demand related to the actions of the amenable, not being good deed or sin or waʿẓ. Ordinary judgment is the link between the existence or absence of a state and the existence or absence of another state. The most important of these three judgments is the intellectual judgment. As for the intellectual judgment, it is the proof or the negation of a work without waʿẓ and repetition. It is separated from lawful judgment without being waʿẓ and separated from ordinary judgment with being not repeated. In this sense, if the mind needs the examination or repetition while deciding for a work’s certainty or negation, this kind of a judgment is not lawful or ordinary but it is intellectual judgment. The reason judges either a work’s certainty or absence together, or accepts only the certainty or accepts the negation. According to al-Sanūsī, having the right to comment on belief is pertain to intellectual judgment in the first place. al-Sanūsī takes the maʿrifat Allāh to the center in matters related to the place of reason and examines the relation of the maʿrifat Allāh with these three concepts. What al-Sanūsī tends in doing so is that to show that there is an inherent meaning of reason as well as having relevance of knowing some things. As a result, according to al-Sanūsī, knowing these three parts of the intellectual judgment is the reason itself. Anybody who does not know these, is the person without reason. al-Sanūsī thinks that it is necessary for the amenable to know the intellectual judgments and its parts. This necessity is to make the amenable separate the things about Allah or his prophets related to necessity, permissible and impossible attributes; but also, the things exist within the limits of intellectual judgment or not. The amenable who know these has evidence and thereby can defeat the doubts that may have formed or may will form in him. al-Sanūsī also emphasizes the deduction of reason to reach the maʿrifat Allāh with reason. According to him, it is the best deduction method in terms of the evidence that Allah exists is that the deduction from causing agent to cause and the deduction from one correlative to another The acceptance of the possible entity has agent who wills its existence, oppose to the Fakhr al-Dīn al-Rāzī, that this proposition is whether imperative or not. According to him, these propositions are not imperative, they need deduction. In this respect, deduction is necessary for the maʿrifat Allāh. The reason which is considered in the sense of logic in al-Sanūsī is not a structure which merely functions as a analogy and a deduction. On the contrary, according to al-Sanūsī, there is a direction going towards the heart from the point of reason and it seems that the heart is used in meaning of reason. This is an example of al-Sanūsī’s attempt to combine mystical knowledge with reason and legal injunction. This is a remediation project in terms of his time. (shrink)

Hadiths that have been discussed in this paper consist of narrations regarding divine attributes and having some problematic meanings between supporters of Bişr al-Marīsī and ʿUthmān al-Dārimī. These narrations were mostly accepted denounced (munkar) by Bişr al-Marīsī and his sopporters due to having an anthropormophist and corporealist content about God. They rejected divine attributes according to their understanding of God based on incomparability (tanzīh) which provided by Mutazilite approach towards divine attributes even though they conveyed some features of Ahl al-Ra’y. (...) They found contradicted of attributing human features to God based on their tanzīh understanding, therefore, they interpreted such this kind of narra-tions in terms of their approach or rejected at all. At the other hand, a hard Hadith scholar Uth-man al-Darimi believed that one should accept divine attributes as they are in the Qur’an and Sunna. According to his belief, he considered the explicit meanings of the narrations without interpretation of divine attributes, and based on his perpective he denied Bişr al-Marīsī and his supporters’ interpretations claiming they would cause divesting God of all attributes (ta‘tīl). He argues that these narrations should be taken into considerations based on their explicit mea-nings. The discussions on these hadiths are important due to showing different approaches of scholars from the schools of Ahl al-Ra’y and the ones from Ahl al-Hadith towards the hadith du-ring the period when the main Hadith works were collected. Discussions on the narrations stu-died in this paper reveal two schools’ understandings of divine issues, their approaches to divi-ne attributes, as well inform us their perspectives of hadith in general.Summary: The present paper examines the debates between ʿUthmān al-Dārimī (d. 280/894) and the supporters of Bishr al-Marīsī (d. 218/833) on the divine attributes mentioned in some hadiths in the period when the main hadith books were composed (i.e., III/IXth century). These debates that took place between the scholars of Ahl al-Hadith and Ahl al-Ra’y concern the un-derstanding and interpretation of the hadiths in a certain way.It could be stated that the debates focus on how the hadiths should be understood, or whether it is the explicit meaning of the words or the possible methaphorical meanings beyond them that should be considered.It is worth briefly introducing the parties who discussed the hadiths studied here. The aforementioned discussions about some hadith narrations are between the supporters of Bishr al-Marīsī and ʿUthmān al-Dārimī, one of the important figures of the Ahl al-Hadith who wrote a separate work on these hadiths. This work was written as a rejection of the views of Bishr al-Marīsī and his two students on the attributes of God and some issues regarding hadith.Bishr al-Marīsī was regarded as an important scholar of Kalam who received fiqh education from Abū Yūsuf (d. 182/798). He is a scholar of Ahl al-Ra’y who made scientific dis-cussions with many scholars including Imam al-Shafiʿī (d. 204/820). He was on the council of the Caliph Al-Mamūn (d. 218/833) and had a significant role in the adoption of the idea of the createdness of the Qurʾān (khalq al-Qurʾān).Uthmān al-Dārimī,on the other hand, was a scholar of Ahl al-Hadith who learned ha-dith from the authorities of his era such as Yaḥyā b. Maʿīn (d. 233/847), ʿAlī b. al-Madīnī (d. 234/848), Isḥāq b. Rāhawayh (d. 237/851), and Aḥmad b. Ḥanbal (d. 241/855). Having visited all the important cities for the training of hadith, he learned the hadiths and conveyed them.With the understanding of proving the divine attributes and the opposition of the misin-terpretation of the narratives related to them, the groups advocating the appropriation of these lines in accordance with the understanding of incomparability (tanzīh) have complied the works since the first period. According to ʿUthmān al-Dārimī, the rejection of the divine attributes by Mu'tazila was influential in the emergence of the criticism literature of the Ahl al-Hadith and many authors wrote works in this direction.Regarding a narration by Abū Hurayra, an opponent reports that this narration gives the impression that God has the eyes and ears as we know. ʿUthmān al-Dārimī reports that this hadith proves sight and hearing not the eyes and ear organs. He indicates that God has no like by no means. Therefore, it is slanderous to refer the claim that Allah is made of organs to the Ahl al-Hadith. Abū Dāwūd states that with this hadith the attributes of sight and hearing for God are proved and Jahmiyya’s denial of the divine attributes are rejected.The opponent also considered Abū Hurayra's narration referring to the Prophet: "Faith is from Yemen, wisdom is from Yemen! I feel the breath of your Lord from Yemen!" as denounced (munkar). Because, according to Bishr al-Marīsī and his companions, breath can only come from those with an abdominal cavity, and Allah is free from it. According to ʿUthmān al-Dārimī, the opponent misunderstood. What is meant here is the wind that blows from Yemen and comforts people. In the context of this narration, we see that supporters of Bishr al-Marīsī evaluate the narrative literally, while ʿUthmān al-Dārimī interpret the narrative.Regarding the narration, "You can not approach Allah with something more virtuous than what comes out of it (the Qur'ān)" Ibn al-Saljī reports that Mushabbiha understands this as one with an abdominal cavity and from whom speech comes out. This understanding is in-valid since God is "samad" in the sense that He has no void. With this hadith, it is meant that the Qur'ān comes out of Allah’s presence rather than Allah. According to ʿUthmān al-Dārimī, the real aim of Ibn al-Saljī is to deny God's attribute of speech. There is no doubt that the Qur'ān comes from Him, and those who do not accept it merely deny His attribute of speech.Attributed to Ibn Abbas; The meaning of "yamīn Allah" (the right hand of Allah) in narration "Black Stone (al-ḥajar al-aswad) is the right hand of Allah on earth, handshakes with the people" is not the right hand that we know according to Ibn al-Saljī, it is blessing and grace of Allah. According to ʿUthmān al-Dārimī, who acknowledges that Black Stone is not meant to be a hand, the purpose of Ibn al-Saljī is to deny the two hands mentioned in the verses and ha-diths about Allah with invalid interpretations.ʿUthmān al-Dārimī, who criticized that Ibn al-Saljī quoted from another narration which Ibn Abbās heard from the Prophet, says that such poor narrations should not be spread. In addition, he points out that Ibn al-Saljī's interpretation is ugly and he criticizes it. Because Allah who is mentioned in the narrative is depicted as a young man with curly hair in a green suit. Such a narration is also an untrustworthy narration as it contradicts the authentic narrations of the Prophet. ʿUthmān al-Dārimī, who made this assessment of the narration, rejects the com-ments that the opponent made about the narration. According to the opponent, the phrase "I have come to Allah" means "to come into the presence of Allah in the Garden of Eden." Accor-ding to ʿUthmān al-Dārimī’s understanding, such complicated hadiths should not be only narra-ted.About the narration that are based on the Prophet and he does not know the answer to what he has come to know of himself, then he feels the coolness of his fingers as he puts his hand on his back and learns everything, the opponent evaluates the following: He was not Allah who came to the Prophet, but a well-behaved angel who was being directed by Allah and he was the angel who put his hand. ʿUthmān al-Dārimī rejects this interpretation of that oppo-nent. This comment is also contrary to other authentic hadiths. After he refused to the com-ment of the opponent about relevant narration, ʿUthmān al-Dārimī stated that he could not trust this comment on the basis of the authentic narrations he mentioned.Salaf scholars have preferred to be silent in this regard, as it is seen among the most difficult subjects to talk about divine attributes. However, subsequent generations have held dif-ferent paths in this regard. The basic approaches to understanding the divine attributes can be summarized in three main titles: tafwīd, tashbīh, and ta’wīl. Tafwīd is the path adopted by the early salaf scholars and means to leaving the knowledge about Allah’s entity and attributes to His knowledge. Tashbīh means to compare Allah to the created or the created to Allah. Ta'wīl is to interpret the Qur'ānic verses and hadiths that give the impression that Allah is like the crea-tures with semantics and rational deduction. The ones who deny the adjectives are called as Muʿattila and those who prove their attributes are called as Sifatiyya. According to Ahl al-Ra’y, it is necessary to appropriately make interpretation (ta'wīl) of the attributes giving the impression of anthropomorphism in terms of the dictionary. In the divine attributes, Muʿtazila advoca-ted the incomparability (tanzīh), whereas Ashʿariyya and Māturīdiyya adopted interpretation in accordance with incomparability. Mushabbiha and the Wahhābī-Salafī understanding has also taken the expressions regarding divine attributes with their explicit meanings.The debate between the scholars who lived in the ages II/VIII and III/IX, when the most important works are composed in the science of hadith, is important in that it is the first turn. In addition to this, the debate also contains important information on the approach to the Qur'ānic verses and hadiths, in that it shows two basic approaches, one of which represents the school of Ahl al-Ra’y, and the other represents the school of Ahl al-Hadith.ʿUthmān al-Dārimī generally advocates adhering to the explicit meaning of the narra-tion, while Bishr al-Marīsī and his companions criticize the narration labeling it as denied (mun-kar) or making an interpretation. On rare occasions, the places where ʿUthmān al-Dārimī re-jects the narration and makes interpretation, or where Bishr al-Marīsī and his companions de-fend the narrative can be seen.Interpretations made by Bishr al-Marīsī on the problematic narratives have influenced on the next scholars. Alongside Muʿtazilite scholars such as al-Jubbāʾī (d. 303/916), Qāḍī ʿAbd al-Jabbār (d. 415/1024) and Abū l-Ḥusayn al-Baṣrī (d. 436/1044), his interpretations have been quoted by Sunni scholars such as al-Ghazālī (d. 505/1111), Ibn ʿAqīl (d. 513/1119) and Fakhr al-Dīn al-Rāzī (d. 606/1210).The fact that the truth can be put forward in the science of hadith, which is based on the narration, does not favor one of the "narration" and "ra’y", it should be kept in mind that both of these depend on the proper and balanced use of both. To reveal the truth, the narration is in need of the opinion and the opinion (ra’y) is in need of the narration. Narration and opinion sho-uld be seen as complementary elements, not each other's opponents. (shrink)

Al-Qāḍī Ḥusayn al-Marwarrūdhī is one of the important representatives of Khurāsān Shāfi‘ī School. Al-Ta‘līḳa is his famous work, which is one of the first commentaries of al-Muzanī’s Mukḫtaṣar. One of the important features of this work is the introduction to some of the subjects of ijtihād (process of juristic legal reasoning), taqlīd (acting upon the word of another without asking for specific proof), ijmā‘ (consensus of jurists) and view’s of the companions of the Prophet. The first systematic, complete and (...) detailed works of uṣūl al-fiqh (Islamic legal theory) that belonged to the Khurāsān Shāfi‘ī School have reached to the present day belong to the second half of the V./XI. century. Making research on the studies which were done about uṣūl al-fiqh and formed the basis of this period is essential to follow the development of uṣūl al-fiqh of the Khurāsān Shāfi‘ī School. Transfer of the uṣūl al-fiqh in al-Qāḍī Ḥusayn al-Marwarrūdhī’s al-Ta‘līḳa make it possible to determine the literatüre, which was formed in Khurāsān region in the period from the death of Shāfi‘ī to the first half of the V./XI. century until the first half of the Khurāsān region, which allows the determination of the uṣūl al-fiqh. In this study, on the basis of ijmā‘, al-Qāḍî Ḥusayn al-Marwarrūdhī’s method in al-Ta‘līḳa will be examined.Summary: Al-Qāḍī Ḥusayn al-Marwarrūdhī is considered to be one of the most important representatives of the Khurāsān Shāfi‘ī School. In addition to receiving fiqh education from al-Qaffāl al-Marwazī, who is accepted as the founder of the Khurāsān Shāfi‘ī School in Shāfiʿī fiqh circles. Al-Qāḍī Ḥusayn, one of the most distinguished students of al-Qaffāl al-Marwazī, has become one of the important bearers of the fiqh heritage of Khurāsān Shāfi‘ī School. The fact that the epithet “el-kāḍî” is used in the works of Khurāsān Shāfi‘ī School to absolutely refer to al-Qāḍî Ḥusayn, is another issue that shows his being authority on fiqh. Al-Qāḍī Ḥusayn al-Marwarrūdhī has accomplished many works in the field of fiqh. The most famous and most important work of al-Qāḍī Ḥusayn is the al-Ta‘lîḳa, written according to the Mukḫtaṣar arrangement style of al-Muzanī. He is often cited as the author of the well-known work al-Ta‘lîḳa in the sect. Al-Ta‘lîḳa, commonly cited in fiqh studies to refer to the views of al-Qāḍī Ḥusayn, is one of the first commentary on Mukḫtaṣar by Muzanī. With these characteristics, al-Ta‘lîḳa is one of the outstanding manuscripts for exploring the fiqh legacy of the Khurāsān Shāfi‘ī School. Another important feature of this text is that uṣūl al-fiqh issues such as ijtihād, taqlīd, ijmā‘ and view’s of the companions of the Prophet (qawl al-ṣaḥābah) have been covered in the introduction of the work. Al-Qāḍī Ḥusayn discusses the issues of evidentiality and types of ijmā‘ and ijmā‘ of ṣaḥābah in the chapter on ijmā‘ in al-Ta‘lîḳa. Al-Qāḍī Ḥusayn also handles the debates on view’s of the companions of the Prophet in the section on ijmā‘ of ṣaḥābah. It is also seen that the proofs proposed for evidentiality of ijmā since Shāfiʿī’s period became more versatile and differed. The fact that the arguments al-Qāḍī Ḥusayn cites in the chapter of the evidences of ijmā‘ were also mentioned by his contemporary, al-Māwardī, an Iraqi Shāfiʿī jurist, points out the accumulation of knowledge in terms of proofs of ijmā. Al-Qāḍī Ḥusayn makes two related distinctions that are fundamentally related to the types of ijmā. The first is the division between ijmā supporters, those who argue for knowability of ijmā, and their opponents. According to this, ijmā is divided into two parts as ‘āmm (general public) ijmā‘ and khāṣṣ (scholars) ijmā‘. Opposition to ‘āmm ijmā‘, such as fardhs (obligations) in prayer, rawātib sunnah (the practice that the Prophet regularly performed) and feast prayer requires kufr (blasphemy). Al-Qāḍî Ḥusayn, who considers issues such as ‘awl (a sharing method in Islamic inheritance law), mut‘a marriage (a type of temporary marriage) and riba’l-faḍl (interest in exchange or sale transactions) which are seen as controversial ijmā‘ issues in literature, as khāṣṣ ijmā‘ and evaluates opposition to this type of ijmā‘ as fisq (impiety). The second division al-Qāḍī Ḥusayn makes is between ijmā‘ based on the text and apparent comparison, and the ijmā‘ based on hidden comparison. Al-Qāḍī Ḥusayn thinks that the opposition to ijmā‘ that is based on ijtihād or the text in terms of sanad (chain of narrators), requires blasphemy. In a sense, this is to accept ijmā‘ as a provision on an equal basis and to reduce the distinctions of ijmā‘ to literary level. Al-Qāḍī Ḥusayn also discusses evidentiality of qawl al-ṣaḥābah in connection with the issues of ijmā‘. Al-Qāḍī Ḥusayn opposes the thesis that ijmā‘ is only limited to companions’ era and argues that it can be realized in any century after the Prophet. Al-Qāḍī Ḥusayn, who discusses ṣaḥābah’s ijmā‘ under two categories: the views of ṣaḥābah that have gained prevalence among other ṣaḥābahs and those that have not gained prevalence among other companions, argues for evidentiality of qawl al-ṣaḥābah, which have gained prevalence and known not to be opposed. He provides significant information on ijmā‘ discussion in Shāfi‘ī fiqh methods with regard to the evidentiality of this type of qawl al-ṣaḥābah, which is referred ijmā‘ al-suqūtī (consensus based on lack of opposition-silence). The knowledge al-Qāḍī Ḥusayn cites with regard to the evidentiality of qawl al-ṣaḥābah which have not gained prevalence among other ṣaḥābahs differs from Māwardī, one of his contemporary, and his predecessors. The fact that he cites Shāfi‘ī’s previous and latest views with regard to the state of such qawl al-ṣaḥābah in the face of qiyās (legal analogy) enables him to make comparison using uṣūl material available in his era. Al-Qāḍī Ḥusayn, who mentions debatable issues among ṣaḥābah, makes controversial narrations. While al-Qāḍī Ḥusayn reports that there is not any conflict on the argument that it is legitimate to express a third view with regard to issues on which ṣaḥābah is divided in two groups and fall into conflict, his contemporary al-Māwardī and other Shāfi‘ī jurists report that it is not legitimate to propose a third view on such an issue as there is ijmā‘ on these issues. (shrink)