In different jurists: Study in the history of the doctrinal dispute between written “Statement Shara” Mohammed bin Ibrahim Al-Kindi”Different scholars” Abu Ja'far Tahawi

In different jurists:

Study in the history of the doctrinal dispute between written “Statement Shara” Mohammed bin Ibrahim Al-Kindi”Different scholars” Abu Ja'far Tahawi *

D. Mohamed Kamal El Din Imam ([1])


We are not in this brochure is studying the reasons for the different scholars in Islamic schools different, so his field and his works, and also're not going to study in the science of the dispute, which has grown and flourished since the second century AH, and reached the peak of its development and prosperity in the fourth and fifth centuries AD, and which produced the mind Islamic Fiqh studies .

This century who discriminate Bbwakir books controversial represented in the works of Abu Yusuf and Muhammad ibn al-Hasan, Ibn Abi Layla, and Ouzai, Imam Malik, Shafi'i, but All its importance can hardly compares the production of Islamic sects in the fourth and fifth centuries, which accommodates all directions production jurisprudence that interacted in boom times, despite the controversy sectarian and political influences.

Suffice it to point out his Ibn al-Mundhir of private Shaafa'is in his book “East”, And Abu Ammar Abdul Kafi”Different scholars” Ibn Jarir al-Tabari,”Equity among scientists dispute” Ibn Abd al-Barr al-Maliki, and”Altaliqh in dispute” Judge Abi topped small-Hanbali, and”Dispute” For Tusi Imami, and”Different doctrines assets of” To the Ismaili Abu Hanifa, in the introduction to this literature comes two one إباضي books, and the second Hanafi, both encyclopedic work, from cover to cover includes comparative studies of the views of the various sects even squeezed.

Primer: Abu Jaafar Eltahawy, an Egyptian Hanafi jurist, died in the first third of the fourth century AH, and specifically in the year 321 AH, which has been described as the world all doctrines scholars, a huge encyclopedia. Pointed translated طحاوي and offered his books to book “Different scientists Alomassar” In about one hundred and thirty part, though these parts that exceeded cent far, the Ibn al-Nadim in the Catalog pointed out that Eltahawy did not allow him to complete the book, and this book is important in the science of the dispute is still our heritage idiosyncratic lost, we do not know its parts only from the books of biography, “Summary different scientists”.

The second book: “Statement Shara” For Fakih Ibadhi Mohammed Bin Ibrahim Al-Kindi, died in 508 AH, an imam large, came his book pursuant encyclopedic in the science of disagreement rare, in the works of his time, but in the heritage Ages following, has saved providential day people this, to be a witness to rank high “Aware of the dispute” In method and substance and etiquette.

*) And Book “Statement Shara” More than seventy volumes, has اختصره the Ibadi jurist Abu Bakr Ahmad Bin Abdullah Al-Kindi (d. 557 AH), and Abu Bakr summary “Statement Shara” Known as the “Seed”, A print and trader.

Which he read any part of the “Statement Shara” As one of the largest in the science of jurisprudence encyclopedias dispute, he sees the library integrated in Islamic jurisprudence doctrines, including the writings of former scholars, some of whom we have doctrinal heritage, and some of them, especially from the Ibadi scientists do not know except through “Statement Shara”.

Indeed, the Mohammed bin Ibrahim Al-Kindi Bmosusth “Statement Shara” Opens the door to adjust the readings and writings of important investigations to Ibn al-Mundhir, Abu Ubayd al-Qasim ibn Salaam, and others. Is it transmits from an early written copies, most of which no longer exists, and I think that the comparison between the written “Statement Shara” And”Different scholars” لن تنصف الإمام الطحاوي؛ لأنَّ المقارنة الصحيحة لا تكون بين كتاب موجود، وهو “Statement Shara”, And the book is missing “Different scholars”, Especially since Imam Jassaas, says investigator Manual, “May delete a lot of book Tahhaawi landmarks during the abbreviated. Where there is no active that spirit for full طحاوي, those عهدناها in his books “Ma'aani”, And Abu Ammar Abdul Kafi”Problem effects”, And Abu Ammar Abdul Kafi”Conditions large and small”. That spirit that does not tire of tracking and tracing the different words in the matter, and said evidence for transmission, and balanced with the mental evidence, then discuss their owners convincing scientific debate.

And Dr. Abdullah says Nazir Ahmad investigator Book “Summary different jurists” True and accurate, and reviewing the first volume of the book “Provisions of the Koran” Imam Tahawi, which was published in Estanboul finally see a model of style Imam Tahawi in the presentation of the dispute, eating the views of scholars, and listed their evidence, in addition to a thorough analysis of the resources of the provisions, and the triumph or contrary to the views of doctrine, showing the apparent Imam Tahawi jurist mujtahid.

Although reservation made أبديناه the about the difficulty of comparison between the text of the letter is missing, but the “Summary different jurists” Through Abu Bakr Jassaas retain our infrastructure key to the book Eltahawy private arrangement and profiles of the method, but that in the Investigation few feel the reader the language of Imam Tahawi, and a length sold in the analysis and reasoning and comparison, including gives a picture closer to the truth of what it was like out of the manual from the expansion in the presentation .

We will show briefly to approach the Imam Tahawi approach Imam Mohammed bin Ibrahim Al-Kindi in their books, with reference to what their agreement or disagreement in the curriculum.

First: “Different scholars” طحاوي:

To Imam Tahawi approach in view doctrine:

1- يبدأ الإمام الطحاوي مسائله في كتاب الخلاف بأقوال أصحاب أبي حنيفة وأبي يوسف ومحمَّد، أو بما رواه أصحاب أبي حنيفة مستخدما مصطلحه، أو قال أبو يوسف ومحمَّد. When different jurists starts statements owner after statements of doctrine, then displays Ozai and Laith, Shafi'i and other scholars.

2- لدى الإمام الطحاوي حضور خاص فيما يعرض له، فهو لا يكاد يترك حكما دون تعليل وتدليل ومقارنة.

3- لدى الإمام الطحاوي اهتمام كبير بعرض أقوال الصحابة وفتاوى التابعين.

The approach here differs from the approach in “Provisions of the Koran”, Where the first displays of evidence from the Quran and the Sunnah, then contriver rule with reference to the doctrinal position between the coalition and the difference. He even ignored the views of both scholars hardly overlook the opinion of Imam Malik in addition to Abu Hanifa and his companions.

Here are the models from the book “Summary different jurists”.

The first model: In sharecropping condition([2]):

«Abu Yusuf, said Mohammed: Does not deserve some overseas requirement, but from Earth, or about the man, and not worth the cows and the Lord sowing machine, and deserves without condition, and when rotted farmer was an abscess to his seeding, and the rest is leasing it from the land of ideals and factor.

The owner said: If the land of my cow-when my partner and seeding from us all, and we all work, it is permissible if the rent land and cows both. Albeit one more than the rent did not love him, and be with him if one of them took out the ground, and the other cow, and the other work, if Seeding between them Othelatha the, and Tkavúa at work. Albeit seeding when one of them is not permissible under any circumstances. The Company does not fit in the implant when the owner, but be seeding between them, and Atkavan later work, the seeding was with them, and when the other earth, and all the work it is not permissible for the land owner, and This Bdhirhma given.

He said Awzaa'i: If one of them water, and the last land, اشتركا the that Anepta land and water, so that land and work at their own expense to them both, it is permissible.

Said Laith: If it had been from one tool, and when the other work, it looks at the value of the work, the fare machine, Fitradan the credit, though the ground when one of them, or was Tikrit ideals, held him كراها, it may half rent.

Shafei said: If Subscribe Four turnoff, for someone seeding, and another land, and for the last cow, and the last work of his hand, the company is corrupt, and profit to his seeding, and others likeminded Leasing.

Abu Jaafar said: But permissible farmer on the land is rented, and the man is a tenant, if output is not valid, but that Muhammad said: If it had been from one acre, and other work, and the other seeding, and it fare for these ideals, was should not unspoilt owner of the land to corruption among the cows and between the owner of the land.

The second model: Company bargain([3]):

Our companions said: Company bargaining Award, and her condition that Istoaa in money that may be holding company in the act, so then each one of them as an agent for the owner to dispose of and antagonism, and guarantor him what he does on the contracts involved in the bargaining, and what was guaranteed in the sense of assurance contracts, and may have bargaining in .

The weight of one after bargaining dirhams or dinars, rotted in the bargaining faces, though, offers unspoiled weight.

Ibn Abi said second to none: If اشتركا company bargaining; to one thousand dirhams, and for the last two thousand, this negotiation Award, and all the money between two halves, the اشتركا in all things has negotiated, though اشتركا in one type of trade, Mtfawadan the type, is not valid bargaining on a third and two-thirds, and .

The ongoing bought one for himself of the company's money, and bought food to eat was his own.

He said the Revolutionary bargaining according to the words of our companions, but the condition that the company has Akhalta Almalen.

Said Hassan bin neighborhood: In negotiators say each and every one of them to its owner: You in Mali Bmenzlta, Faisaran negotiators partners, there is nothing wrong to take each and every one of them money sha, However, Ihbsa on himself, not them which, taking account, taken each and every one of them obese owner.

Shafei said: It is not permissible under any circumstances bargaining.

Abu Jaafar said: And reminded us Bakar Ben Koutaiba he heard Abu Asim noble, and the man said to him: What is the meaning unleashed company? : Is the word extremism by the people of Kufa. Wants they أحدثوها to the bargaining between the band and unleashed, فذكرته Ibn Abu Omran said: What he said something. But Annan is taken from an animal, which يحبسها the rider what he wants; same because it prevents them to act in all other respects, and prevent it from acting is the face that a contract it. If the company unleashed exist in the language, it indicates that there are other company, a bargaining, bargaining Vtjoz as Jazz unleashed, but generally bargaining, if unleashed Jazz with the ambiguity, it may Bargaining ».

Comment on the approach of Imam Tahawi:

Although the approach Imam Tahhaawi in dispute is accurate, especially in the ratio of views to their owners, but it is hardly confined to the Sunni jurisprudence not also extends to other schools, and even in the circle of the Sunni sect hardly refers to the violators of the virtual. In any case, it did not accommodate the views of doctrine Ibadhi and differences, and this calls into question side, especially for Fakih said: It Aref all the doctrines of Islam. And doctrine Ibadhi the upbringing and completed basic sources since the second century, and settled most of accountability at the hands of Muslim ibn Abi dignified.

هل إغفال الطحاوي لآراء الفقه الإباضيّ جاءت عن عمد، لخلاف حول بعض الأسس، خاصة وأن المؤسس الأول للفقه الإباضيّ جابر بن زيد أكمل مهمته وغادر الدنيا وأبو حنيفة في العقد الثاني من عمره، والإمام مالك لم يكن أكمل السنوات الثلاث من عمره، أم إن المسألة تتعلق بغياب المراجع الإباضيّة الرئيسة بعد أن دخلت مرحلة كتمان جديد، إثر سقوط الدولة الرستمية؟ إنه احتمال يحتاج إلى أدلَّة، خاصة وأن مؤلفات إباضيّة مهمة اكتملت في أواخر القرن الثاني وأوائل القرن الثالث الهجري، ووجدت طريقها إلى الحياة الفقهية.

Suffice it to humans bin Ghanim al-Khorasani and his book “Blog”, And Ibn Ghanim studied in Basra, where a thousand blog before leaving to تاهرت in the north of Africa, and makes his blog his identification card when Imam Alristima Abdul Wahab bin Abd al-Rahman ibn Rustam.

If we want justice and fairness, the Imam Tahawi was a prisoner of the culture did not open up to the Sunni schools of jurisprudence is, إباضية and Shiite, and perhaps find a justification for it as mentioned academic إباضي saying: «The idiosyncratic Ibadhi system was based on materials tell the Ibadi all sources, and the evolution through history in the context of these materials, and can not understand the nature of legislation Ibadhi, only study of its articles and original review»([4]).

Something that was not available before the Imam Tahawi, no doubt that the dispute in these sources of reference of the reasons for the dispute between the different doctrinal systems.

Secondly: Book a statement Shara:

Unlike his Imam Tahawi book came “Statement Shara” For the world Mohammed bin Ibrahim Al-Kindi accommodation of the asset and the branch, as it is the second part of the title, but this was the first parts of the “Statement Shara” Presentation of issues of fundamentalism and verbal, as if to say: The branches are not properly understood approved away from its origins, in addition, it depends on his controversial approach to the statement of the evidence, and the use of rules and jurisprudence fundamentalism in the analysis of doctrinal dispute.

The book “Statement Shara” Great Ibaadis Encyclopedia of Science in sectarian dispute, but unprecedented others of Ibadi scientists who wrote in the science of the dispute continued its rules, in the forefront of the world Omani Ibadi “I'm Pond” Especially in his book “Whole”, A contemporary of Imam Jassaas.

The book features “Statement Shara” Combining the assets and branches, but also between the cover to cover contains a collection of writings, sources and opinions make it, as we said at the beginning of this brochure, jurisprudential library rare example.

And Imam Muhammad bin Ibrahim Canadian indicates honestly to the sources of any doctrine was, and the Department of consensus comparison which is wider than we have seen in the brief Eltahawy, is in addition to the doctrine Ibadhi accommodate the views of the majority Sunni schools, from the four schools to virtual, to Isaac Ben Raahawayh, to Sufian Revolutionary .

And my opinion that the Mohammed bin Ibrahim Al-Kindi make a book “Statement Shara” An exhibition of graduation branches on assets, and the assets of comparative jurisprudence through doctrinal issues.

Suffice it to refer to a single model:

Says the owner “Statement Shara”: «It is the book: Zakat and the wealth of the orphan and the obligatory; was narrated from 'Umar ibn al-Khattab, Abdullah ibn Umar, Aisha, the novel differed from' Ali ibn Abi Talib in it, they said that the Zakat on the wealth of the orphan due, the man who said: The Zakat خوطب of خوطب prayer, it is not obligatory only obliged to pray, and the orphan no prayer for him, as well as if they denied that and not obligatory zakat him, said to him: When he said the Prophet e: “Ordered to taken from Ogneaúkm and أردها in Vqraúkm”, Was the one who returned to juniors and seniors, so too must be taken from the rich young they are or old, is indicated by the report narrated from Aisha was graduated from the children of her brother's right to mandate them.

The book: And the fruits of money the children of the Muslims the zakat, to the consensus of the people, and the difference in just that. But narrated from Ali bin Abi Talib was out of Zakat funds among lifter, sire the Prophet e, and they are orphans, he said the people of Kufa: Zakat is likely to be tilled, and potentially be Zakat eye or cattle, and if endured this and that, you do not excuse us to drop Zakat money orphan; because they مخاطبين not. They: And Ali ibn Abi Talib is a booster of the news from the Prophet e “Pen is lifted from three, until the boy, and from the insane until he wakes up, from sleeping until he wakes up”, Was the words of Ali: The small kindnesses God, who has vowed on anti بالويل is Zakat. Said: Has learned that the boy who did not go to him menacing, argument them that the news reported that high out Zakat funds between Abu Rafi, Valmdei to customize the news upon the establishment of the directory, and news if Word is obligatory to take place on the general meaning, and for only the pretext, and also if it was what they protested : “Ordered to take it from Ogneaúkm” Vabba If this money, he is worthy of the name riches, and zakat in wealth due to apparent words of the Prophet e, was sleeping prescribed in Islam from his high pen in the case of sleep, he was unanimously agreed that zakat in his case his sleep and waking »([5]).

On the color of the high-level approach was presented disagreement between scholars in the book “Statement Shara”, The author has collected Islamic sects and Roy from his companions and followers and followers of followers, collect it all in one level, has not gone unnoticed authors only Shiite jurisprudence([6]), Which is in line with Tahhaawi. But Imam Muhammad bin Ibrahim Canadian based refusing to refer to the Shiites on the attitude of fundamentalist clear, the political history was not the absence of state Rustumiya a country Ibadi first at the hands of Abu Abdullah Shiite in North Africa, but one of the historical data for this position distant roots.

Before we end this brief study, we call for achieving edition of “Statement Shara” Where he graduated speeches, informing you know, and put a complete map of what it received from sources and books, in addition to a complete study about the author, and his status and applied between the scholars of doctrine.

Vemosush “Statement Shara” Deserve the full attention of the people of doctrine and specialists alike.

Praise be to Allah, Lord of the Worlds.

([1]) Faculty of Law, University of Alexandria.

([2]) Owner differences jurists, achieve: D. Nazir Ahmad, Dar Islamic omens, Beirut, i 1995, vol 4, p 13.

([3]) Ibid, p 15-16.

([4]) D. Amr developing: Studies on Ibadi, Dar Muslim West Beirut, 2001, pp. 131.

([5]) Canadian: Shara statement, i 1, pp. 1985, vol 17, p 16-28.

([6]) This statement needs to check, the Alaotba has overlooked some Shiite views – This rarely – Did not disdain to convey the wisdom of some imams such as Abu Ja'far Muhammad ibn Ali Zayn al-Abidin Bagir (114E) Zine El Abidine Ali Bin Al Hussein (94E) And Abu Abdullah al-Sadiq (148E), And others who have taken advantage of them and affects them. (References)


*Evolution science symposium in Amman during the fifth century AH “Authoring polymath and comparative jurisprudence”

Set up by the Ministry of Awqaf and Religious Affairs in Muscat

25- 27 Muharram 1426 / 6- 8 March 2005