AL-SUBKS JAM AL-JAWMI: A CONCEPTUAL CRITICAL ANALYSIS OF ITS SIGNIFICANCE, METHODOLOGY AND TERMINOLOGY

BY

MOHAMED JABIR ALI HUDAWI

INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA

2013

AL-SUBKS JAM AL-JAWMI: CONCEPTUAL CRITICAL ANALYSIS OF ITS SIGNIFICANCE, METHODOLOGY AND TERMINOLOGY

BY

MOHAMED JABIR ALI HUDAWI

A dissertation submitted in fulfilment of the requirement for the degree of Master of Islamic Revealed Knowledge and Heritage (Fiqh and Ul al-Fiqh)

Kulliyyah of Islamic Revealed Knowledge and Human Sciences International Islamic University Malaysia FEBRUARY 2013

ABSTRACT

Understanding the contributions of Muslim legal theorists is very pertinent to the contemporary studies on ul al-fiqh. Accordingly, this study presents a critical appraisal of one of the classical works, entitled Jam al-Jawmi by Tj al-Dn alSubk. The work was selected as a sample for its scholarly acceptance. It adopts the qualitative research methodology. It also benefits from the earlier studies on the topic. The author is from a well-known Shfi-Ashar family who lived in 8th century A.H. during the Mamlk dynasty. He has many significant works on various subjects. Jam al-Jawmi is one of his ul works in which he discusses all important ul issues in a rhetorically terse language collating from about hundred sources. It generally follows the then prevailing structure, by incorporating pure theological and moral issues thereby giving it a unique form. Besides the sources of law and its applications, it also covers ul-related issues from kalm and fiqh. The author adopts a distinct methodology in the work by taking lessons from the past. The present study identifies seven such methodologies and elaborates each one of them with examples from the text. Besides, it classifies and analyses terminologies employed by the author. The study observes that the wider acceptance of the book by scholars was most likely behind the increased number of works on the text, thus listing more than hundred such works classified under different categories. At the same time, many criticisms are leveled against it, some of which are reasonable. Though the recent academic reforms reduced its traditional significance, nevertheless, the text is still alive in academic discussions, albeit, in Arabic. Thus, the study suggests that there should be more works on the text in foreign languages and it is worth translating.

ii

. " " . . "" . . . . . . . . . . . .

iii

APPROVAL PAGE

I certify that I have supervised and read this study and that in my opinion it conforms to acceptable standards of scholarly presentation and is fully adequate, in scope and quality, as a thesis for the degree of Master of Islamic Revealed Knowledge and Heritage (Fiqh and Ul al-Fiqh).

.... Hikmatullah Babu Sahib Supervisor

I certify that I have read this study and that in my opinion, it conforms to acceptable standards of scholarly presentation and is fully adequate, in scope and qualify, as a dissertation for degree of Master of Islamic Revealed Knowledge and Heritage (Fiqh and Ul al-Fiqh). .. Mohamed El-Tahir El-Mesawi Internal Examiner This dissertation was submitted to the Department of Fiqh and Ul al-Fiqh and is accepted as a fulfilment of the requirement for the degree of Master of Islamic Revealed Knowledge and Heritage (Fiqh and Ul al-Fiqh). .. Ahmad Basri Ibrahim Head, Department of Fiqh and Ul al-Fiqh This dissertation was submitted to Kulliyyah of Revealed Knowledge and Human Sciences and is accepted as a fulfilment of the requirement for the degree Master of Islamic Revealed Knowledge and Heritage (Fiqh and Ul al-Fiqh). .. Mahmood Zuhdi Abdul Majid Dean, Islamic Revealed Knowledge and Human Science

iv

DECLARATION

I do hereby declare that this dissertation is the result of my own investigation, except where otherwise stated. I also declare that it has not been previously or concurrently submitted as a whole for any other degrees at IIUM or other institutions.

Mohamed Jabir Ali Hudawi

Signature

Date

INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA

DECLARATION OF COPYRIGHT AND AFFIRMATION OF FAIR USE OF UNPUBLISHED RESEARCH

Copyright 2013 by Mohamed Jabir Ali. All rights reserved. AL-SUBKS JAM AL-JAWMI: CONCEPTUAL CRITICAL ANALYSIS OF ITS SIGNIFICANCE, METHODOLOGY AND TERMINOLOGY No part of this unpublished research may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without prior written permission of the copyright holder except as provided below. 1. Any material contained in or derived from this unpublished research may only be used by others in their writing with due acknowledgement. IIUM or its library will have the right to make transmit copies (print of electronic) for institutional and academic purposes. The IIUM library will have the right to make, store in a retrieval system and supply copies of this unpublished research if requested by other universities and research libraries.

2. 3.

Affirmed by Mohamed Jabir Ali Hudawi (mkjabi@gmail.com) .. Signature .. Date

vi

ACKNOWLEDGEMENTS

In the Name of Allh, the Most Merciful and the Most Compassionate. Praise be to Allh, the Nourisher-Sustainer of the Universe and His regard and Salutation be on His chosen Prophet Muammad.

There are many people whom I should thank for their support and encouragement. I would like to begin with my supervisor Assist. Prof. Dr. Hikmatullah Babu Sahib to whom I owe my sincere gratitude for guiding, supervising and encouraging me to successfully accomplish this work. I wish to express my profound gratitude to Prof. Mohamed El-Tahir El-Mesawi, for his valuable suggestion and critical assessment. I do owe special gratitude to my teachers at Darul Huda Islamic University, especially from whom I studied Jam al-Jawmi. My special thanks to Darul Huda for providing the much needed and appreciated financial support throughout my sojourn at IIUM. I am grateful to Dr. Shafeeq Hussain Al-Hudawi for his guidance and immense help during my study. I would also like to thank all my lectures, colleagues, friends and staff who assisted me in various ways and means. Words cannot express my heartfelt gratitude to my beloved grand mother, parents, brothers and sisters for their continuous encouragement and support and to my wife for her patience and prayers. Thanks to Almighty who blessed me with Ahmad Mahir, my first kid, during this thesis writing. May Allh shower His infinite bounties and blessings on all of them. I am alone responsible for any shortcoming that remains. To Allh belongs all perfection.

vii

TABLE OF CONTENTS

Abstract .......................................................................................................................... ii Abstract Arabic ............................................................................................................. iii Approval Page ............................................................................................................... iv Declaration ..................................................................................................................... v Copyright Page.............................................................................................................. vi Acknowledgements ...................................................................................................... vii List of Tables ..............................................................................................................XII List of Figures ............................................................................................................. xiii Transliteration Table ................................................................................................... xiv CHAPTER ONE: INTRODUCTION TO THE STUDY ......................................... 1 1.1 Statement of the Problem.............................................................................. 4 1.2 Research Questions ....................................................................................... 5 1.3 Objectives of the Study................................................................................. 6 1.4 Scope of the Study ........................................................................................ 6 1.4 Significance of the Study .............................................................................. 7 1.5 Literature Review ......................................................................................... 7 1.6 Methodology of the Study .......................................................................... 14 1.7 Organization of the Study ........................................................................... 15 CHAPTER TWO: AL-SUBK-BIOGRAPHY AND ACHIEVEMENTS ............ 17 2.1 Time of Al-Subk ........................................................................................ 17 2.1.1 Political Situation ............................................................................. 18 2.1.2 Socio-Cultural Milieu....................................................................... 22 2.1.3 Religio-Educational Condition ........................................................ 23 2.2 Biography of Al-Subk ............................................................................... 25 2.2.1 Family Background .......................................................................... 25 2.2.2 Life of al-Subk ................................................................................ 29 2.2.3 Teachers ........................................................................................... 32 2.2.4 Students of al-Subk ......................................................................... 35 2.2.5 Schools of Thought and Law ........................................................... 41 2.3 Contributions of Al-Subk .......................................................................... 43 2.3.1 The List of al-Subks Works ........................................................... 43 2.3.2 An Analysis of al-Subks Works in Ul al-Fiqh ........................... 47 CHAPTER THREE: AL-SUBKS JAM AL-JAWMI: A GENERAL OVERVIEW ............................................................................................................... 51 3.1 The Work .................................................................................................... 51 3.1.1 Title .................................................................................................. 51 3.1.2 The Authorship and Date ................................................................. 53 3.1.3 The Significance of Jam al-Jawmi .............................................. 53 3.1.4 Writing Style of Jam al-Jawmi.................................................... 55 3.1.4.1 Method of the Theologians (arqat al-Mutakallimn) ......... 55

viii

3.1.4.2 Method of the Jurists (arqat al-Fuqah) .......................... 56 3.1.4.3 Method of Reconciliation ...................................................... 57 3.1.4.4 Method Followed by al-Subk ............................................... 57 3.2 Structure of the Text ................................................................................... 59 3.3 Synoptic Analysis of the Text..................................................................... 64 3.3.1 Subject Matter of Ul al-Fiqh ........................................................ 64 3.3.1.1 Sources of Law ...................................................................... 65 3.3.1.1.1 The Qurn .................................................................. 65 3.3.1.1.2 Sunnah......................................................................... 65 3.3.1.1.3 Ijm ............................................................................ 66 3.3.1.1.4 Qiys ........................................................................... 67 3.3.1.1.5 Al-Istidll .................................................................... 68 3.3.1.2 Issues Related to Application ................................................ 69 3.3.1.2.1 Equality between Indicators and its Solutions ............ 69 3.3.1.2.2 Ijtihd and Mujtahid ................................................... 70 3.3.1.2.3 Maqid al-Sharah ................................................... 71 3.3.2 Ul-Related Issues .......................................................................... 72 3.3.2.1 Linguistic Issues .................................................................... 72 3.3.2.2 Theological Postulates ........................................................... 74 3.3.2.3 Fiqh Discussions .................................................................. 75 3.3.2.3.1 General Maxims of Fiqh ............................................. 77 3.3.2.4 Logical Issues ........................................................................ 78 3.3.3 Other Disciplines .............................................................................. 78 3.3.3.1 Pure Theological Issues ......................................................... 79 3.3.3.2 Taawwuf or Spiritual Aspects .............................................. 80 3.4 Sources of Jam Al-Jawmi....................................................................... 80 3.4.1 An Analysis of the Sources .............................................................. 91 3.4.2 Schools and Sects Mentioned in the Text ........................................ 92 CHAPTER FOUR: A CRITICAL STUDY OF JAM AL-JAWMI ................... 95 4.1 Al-Subks Methodology in Jam Al-Jawmi ........................................... 95 4.1.1 Defining Technical Terms................................................................ 96 4.1.1.1 Omission of Definitions ........................................................ 97 4.1.1.1.1 Linguistic Definition (al-Tarf al-Lughaw). ............. 98 4.1.1.1.2 Definition of Some Terms .......................................... 98 4.1.1.1.3 One of the Antonyms .................................................. 98 4.1.1.2 Retention of Established Definitions ..................................... 99 4.1.1.2.1 Verbatim Acceptance .................................................. 99 4.1.1.2.2 Acceptance with Modifications ................................ 100 4.1.1.2.3 Accommodating Disagreements ............................... 101 4.1.1.3 Types of Definitions ............................................................ 102 4.1.1.3.1 Real Definition (al-add al-aqq) ........................ 102 4.1.1.3.2 Literal Definition (al-Tarf al-Laf)........................ 102 4.1.1.3.3 Defintion by Classification (al-Tarf bi al-Taqsm) 103 4.1.1.3.4 Defintion by Examples (al-Tarf bi al-Mithl) ........ 104 4.1.1.4 Extracting Definition ........................................................... 104 4.1.1.4.1 From Definition to Discussion .................................. 104 4.1.1.4.2 From Discussion to Definition .................................. 105 4.1.2 Explaining Evidences ..................................................................... 106

ix

4.1.2.1 The Ways of Providing Evidences ...................................... 106 4.1.2.2 Reasons for Providing Evidences ........................................ 106 4.1.2.3 Types of Evidences.............................................................. 108 4.1.3 Citing Examples ............................................................................. 109 4.1.4 Responding to the Opposite Views ................................................ 111 4.1.4.1 Outright Rejection ............................................................... 111 4.1.4.2 Answering the Plausible Questions ..................................... 112 4.1.5 Recording the Opinions of Scholars .............................................. 113 4.1.5.1 Maximum Number of Opinions .......................................... 113 4.1.5.2 Omitting Some Opinions ..................................................... 114 4.1.5.3 Naming the Opinion Holders............................................... 115 4.1.5.4 Concealing Some Opinions ................................................. 118 4.1.5.5 Chronological Sequencing................................................... 119 4.1.6 Quoting Others ............................................................................... 119 4.1.6.1 Sources of Quoting .............................................................. 120 4.1.6.2 Verbatim Quoting ................................................................ 120 4.1.6.3 Synoptic Quoting ................................................................. 120 4.1.7 Indicating the Preferred Opinion .................................................... 121 4.1.7.1 By Suitable Terms ............................................................... 121 4.1.7.2 By Beginning ....................................................................... 121 4.1.7.3 By the Number of Scholars ................................................. 122 4.1.7.4 By Expressing the Weak ..................................................... 122 4.1.7.5 No Preferrence ..................................................................... 123 4.2 Special Terminology................................................................................. 123 4.2.1 Terminology to Denote the Authenticity of Opinions ................... 123 4.2.1.1 Terms Clearly Denoting Preponderance ............................. 124 4.2.1.1.1 Al-aqq (The Truth) ................................................. 124 4.2.1.1.2 Al-awb (Correct Opinion) ..................................... 125 4.2.1.1.3 Al-a (Valid Opinion) .......................................... 126 4.2.1.1.3 Al-Aa (Most Valid Opinion) ................................ 127 4.2.1.1.4 Al-Mukhtr (Chosen Opinion) .................................. 127 4.2.1.1.5 Al-Arja (Most Preferred Opinion) ........................... 127 4.2.1.1.6 Al-Ahar (Most Apparent Opinion) .......................... 128 4.2.1.1.7 Al-Madhhab (Chosen Opinion in Madhhab) ............ 128 4.2.1.1.8 Al-Wajh (Reasonable Opinion) ................................. 129 4.2.1.2 Terms Designating the Preferred Opinion ........................... 129 4.2.1.2.1 Al-Jumhr (Opinion of the Majority) ....................... 129 4.2.1.2.2 Al-Akthar (Opinion of Most Scholars) ...................... 130 4.2.1.2.3 Al-Ashbah (Most Resembling Opinion) .................... 131 4.2.1.2.4 Al-Ray (Best Opinion) ............................................. 132 4.2.1.2.5 Ind (My Opinion).................................................... 132 4.2.1.3 Terms Denoting the Weak Opinion ..................................... 134 4.2.1.3.1 Zaama (It is Claimed) .............................................. 134 4.2.1.3.2 Qla (It is Said) .......................................................... 134 4.2.1.4 Terms Denoting Disagreement ............................................ 135 4.2.1.4.1 Wa-law (Even if) ....................................................... 135 4.2.1.4.2 Wa-kadh (Likewise) ................................................ 136 4.2.1.4.3 Wifqan li (In Agreement with) ................................ 137 4.2.1.4.4 Khilfan li (As Opposed to) ...................................... 137

4.2.2 Terminolgy to Denote the Names .................................................. 138 4.2.2.1 Al-Imm .............................................................................. 138 4.2.2.2 Al-Q ................................................................................ 139 4.2.2.3 Al-Shaykh al-Imm ............................................................. 139 4.2.2.4 Al-Ustdh ............................................................................ 140 4.2.2.5 Al-Shaykh ............................................................................ 140 4.3 Criticism of Jam al-Jawmi ................................................................... 141 Figure 4.3: Criticisms against Jam al-Jawmi ..................................... 142 4.3.1 General Criticisms.......................................................................... 142 4.3.2 Specific Criticisms ......................................................................... 145 4.3.2.1 Style .................................................................................... 146 4.3.2.1.1 Elongation (Ilah) .................................................... 146 4.3.2.1.2 Obscurity (jz) ......................................................... 147 4.3.2.1.3 Misleading (hm) ..................................................... 148 4.3.2.1.4 Inversion (Qalb) ........................................................ 148 4.3.2.1.5 Avoidance of the Most Suitable ................................ 150 4.3.2.2 Selection .............................................................................. 151 4.3.2.2.1 Definitions................................................................. 151 4.3.2.2.2 Preponderance ........................................................... 152 4.3.2.3 Citation ................................................................................ 153 CHAPTER FIVE: INFLUENCE OF JAM AL- JAWMI ON LATER DEVELOPMENT OF UL AL-FIQH................................................................. 155 5.1 Source for Later Scholarship .................................................................... 155 5.2 As Part of the Religious Curricula ............................................................ 157 5.2.1 Emergence as a Textbook .............................................................. 158 5.2.2 Consolidating the Position as a Textbook ...................................... 159 5.2.3 In the Curricula of Higher Learning Institutes ............................... 162 5.2.4 Across the World............................................................................ 163 5.3 The Works on Jam al-Jawmi ............................................................... 166 CONCLUSION ........................................................................................................ 181 BIBLIOGRAPHY .................................................................................................... 184 APPENDIX ............................................................................................................... 193

xi

LIST OF TABLES

Table No. 2.1 2.2 3.1 3.2 3.3 5.1 The Bar Mamlk dynasty The works of Tj al-Dn al-Subk Synoptic analysis of the contents of Jam al-Jawami The sources of Jam al-Jawmi The sects mentioned in Jam al-Jawmi The works on Jam al-Jawmi

Page No. 19 44 62 82 93 167

xii

LIST OF FIGURES

Figure No. 2.1 2.2 3.1 3.2 4.1 4.2 4.3 The social classes during the time of al-Subk The family tree of al-Subk Chapter-wise division of the text Space allocated to each topic Methodology used in Jam al-Jawmi The scale of preponderance Criticisms against Jam al-Jawmi

Page No. 22 26 63 63 96 124 142

xiii

TRANSLITERATION TABLE

CONSUNETS Arabic English B T Th J Kh D Dh R Z S Sh Arabic English

Gh F Q K L M N W H Y

LONG VOWELS A I U

SHORT VOWELS

xiv

CHAPTER ONE INTRODUCTION TO THE STUDY

Tj al-Dn Abd al-Wahhb al-Subk1 (727771 A.H.) is a well-known Islamic scholar who has left his mark on a number of disciplines, including Islamic law, Arabic grammar, biography, etc. Among his works, Jam al-Jawmi is one of the most remarkable one, being widely accepted by scholars as an authentic work in ul alfiqh. Ul al-fiqh is an essential component in understanding Islamic law and other related disciplines. It discusses the manner of approaching the Qurn and adth (tradition) in extrapolating the Islamic viewpoint on a particular issue. It is a wellorganized method of research within Islamic sources, which was developed by early Muslim scholars. Many scholars consider it as the most important and useful among the shar sciences. 2 Thus, from the beginning of the field, various scholars have modified and adapted it in order to satisfy the demands of their time and space. The same holds true in the particular context of our contemporary world, where this discipline needs more scholarly attentions and contributions. The calls for the restoration of the sharah as a complete politico-legal system are gaining momentum throughout the Muslim world. The demand for Islamization of the entire legal system of a particular country is a Herculean task that requires sophisticated understanding of the principles of sharah and its application in the
1

His given name is Abd al-Wahhb, whereas al-Subk is his family name. However, in this research, he is referred to as al-Subk. 2 Ab mid Muammad ibn Muammad al-Ghazl, Al-Mutaf min Ilm al-Ul, ed. amzah ibn Zuhayr al-fi, (Jiddah: Sharikat al-Madnah al-Munawwarah li al-abah, 1413 A.H), Vol. 1, p. 4; Abd al-Ramn Muammad Ibn Khaldn, Muqaddimat Ibn Khaldn, ed. Al Abd al-Wid Wf, (Al-Qhirah: Dr Nahat Mir, 3rd edn. 1979), Vol. 3, p. 1061.

contemporary context. This sets ul al-fiqh as a relevant and important discipline for the present generation as well. However, the discussions on the subject could not be isolated from previous developments in this field. Modern works are expected to preserve the continuity with earlier contributions. Therefore, a clear idea of what had been done thus far is a prerequisite for any further innovation in this regard. Classical ul scholars, through their various works, have elaborated deeply and analyzed in detail the methods and modes of deriving legal rules from religious sources. As any other discipline developed by the Muslims, ul al-fiqh was developed after the first century A.H., 3 as the first generation could dispense with the issues discussed therein. Nay the way that the Companions derived the law from the sources forms the basis of the principles discussed in ul al-fiqh. As the distance from the original sources of the law widened, later scholars required new methods to verify the sources and extrapolate the law from them to new cases and situations. This eventually led to the formation of ul al-fiqh as a discipline, thanks to the efforts of al-Shfi whose Rislah is considered as the first systematic work in this field that discusses all fundamental principles. 4 Later on, scholars from other schools also produced works on the subject, which helped to expand the discussion. The scholarly

Many works have been written on the development of ul al-fiqh. The ongoing account is primarly based on Ibn Khaldn, Vol. 3, p. 1061 -1063. For details see Shabn Muammad Isml, Ul al-Fiqh: Trkhuhu wa Rijluhu, (Al-Riy: Dr al-Mirrkh, 1981), Abd al-Salm Blj, Taawwur Ilm Ul alFiqh wa Tajadduduhu, (Mir: Dr al-Waf, 2007) and Wael B. Hallaq, A History of Islamic Legal Theories: An Introduction to Sunn Ul al-Fiqh, (New York: Cambridge University Press, 2005). 4 The role of al-Shfi and his al-Rislah in the development of ul al-fiqh is well established and widely recognized. Considering him as the founding father of the discipline only means that he elaborated the principle and initiated the systematic writing on the subject. It does not imply that he created the principles which were not employed by the earlier generations as some orientalists assumed. This is just like August Comte being known as the founding father of Sociology, despite the fact that issues were discussed long before him. Nevertheless, recently few scholars have questioned the image of al-Shfi as the founding father of ul al-fiqh. Hallaq, history, 21-35; Wael B. Hallaq, Was alShfi the Master Architect of Islamic Jurisprudence? International Journal of Middle East Studies, 25 (1993): 587-605.

disagreements got their space in ul discussions. Gradually theological and logical issues also began to be discussed in the ul works. Naturally, scholars adopted various approaches in compiling their works; as influenced by their affiliations to different theological and juristic schools. The anafites treated the subject based on their school of law, whereas the Mutakallimn (sing. mutakallim. Refers to those professing ilm al-Kalm i.e., scholastic theology), on the other hand discussed the subject logically. Among hundreds of works written on the subject, few emerged as outstanding on which scholars wrote commentaries or they abridged it. There are two types of works in ul, like other disciplines, which is known as muawwal (extended work) and mukhtaar (concise work). The first type of works present the issues with all details by providing examples, evidences, arguments and counter arguments. On the other hand, mukhtaar treats the whole subject briefly and concisely. In the medieval period, mukhtaart was so popular that all major works were abridged by scholars. The history of ul works can illustrate this trend. For example, among the mutakallimn, four works are considered as the basis of later works. They are: [1] alUmad by al-Q Abd al-Jabbr and its commentary [2] al-Mutamad by Ab alusyan al-Bar, [3] al-Burhn by Imm al-aramayn, [4] al-Mustaf by al-Ghazl. Many works were written on each of these four works separately. At the same time, al-Imm al-Rz in his al-Mal and Sayf al-Dn al-mid in his al-Ikm f Ul alAkm recapitulated the previously mentioned four works. Though both authors were among mutakallimn, their works differ from each other in the way of discussion and argumentation. Many of the later works were related to these two works, as commentary, abridgement, etc. Al-Mal was abridged by Sirj al-Dn al-Armaw in al-Tal and by Tj al-Dn al-Armaw in al-l. Al-Bayw further abridged al-

il in a concise work entitled Minhj. At the same time, al-Ikm was abridged by Ibn al-jib in his work entitled al-Muntah, which he further summarized in his work popularly known as Mukhtaar Ibn al-jib. Historians record that both these works, Minhj and Mukhtaar, were well accepted that people studied and wrote commentaries on it. Naturally, scholars who make compendium of or commentaries on an earlier work follow their style and methodology and even their opinions to some extent. As a result, it can be viewed as two semi-schools; al-Rzs school (madrasat al-Rz) and al-mids school (madrasat al-mid). At this juncture, al-Subks role is worth mentioning. He compiled commentaries on both Mukhtaar and Minhj. Accordingly, he could have acquainted himself with the methods of both these schools. This also helped him to develop his own ul personality without totally submitting to any particular school. Now, he successfully produced his own work entitled Jam al-Jawmi, which provides a new style and methodology by combining the earlier experiences. In this book he discusses important scholarly views from different schools of law and gives preponderance to the most authentic one. In addition, it contains short description of all major principles in ul al-fiqh. Thus, it occupies a distinct position among the classical works. A critical study of the text will help those who are interested in this field to understand the discipline from within.

1.1 STATEMENT OF THE PROBLEM Interests in Islamic studies especially on the classical works have increased recently in the academia of the West and the East. Both Muslim and Oriental scholars have discussed and contributed many works to different branches of Islamic disciplines. Despite these immense scholarly endeavours, unfortunately, ul al-fiqh has not been

discussed much, as it deserves. The works dealing with ul al-fiqh, in comparison to Islamic law, is still few in English language. This is evident from the fact that there is still no consensus among scholars about the English equivalent of the term ul alfiqh.5 However, some works have appeared recently, thanks to the growing trend to study sharah in English. Most of them are arguably either partial, as they deal with the subject selectively, or they lack credibility, as they ignore totally the classical contributions in this regard. As such, there is a dare need for comprehensive studies of classical contributions in this crucial field of Islamic jurisprudence. Definitely, al-Subks Jam al-Jawmi can serve as a model for understanding the classical developments in ul al-fiqh. The importance of Jam al-Jawmi stems from the fact that, it is one of the marvellous texts written in ul discourse, in which the author compiles major views about the principles of Islamic law prevalent in his time, which surprisingly are still very much relevant to our understanding of ul. Thus, this research is an attempt to give an account of classical works in ul al-fiqh by studying al-Subks Jam al-Jawmi. This study will look into the text analytically as well as critically to see why it has become so popular and acceptable among the scholars. In this respect, it will study the methodology of al-Subk together with his life and contributions.

1.2 RESEARCH QUESTIONS This research will attempt to answer the following questions: 1. What are the contributions of al-Subk?

Ul al-fiqh has been translated differently by various scholars. It has been called as Theoretical Jurisprudence (Weiss, 1998), Islamic Jurisprudence (Nyazee, 2002), Source Methodology in Islamic Jurisprudence (Al-Alwani, 2003) and Islamic legal theory (Hallaq, 2005), etc.

2. Why is Jam al-Jawmi important in the ul discourse? 3. What is the structure and contents of Jam al-Jawmi? 4. What are the methods that the author adopts in Jam al-Jawmi? 5. What is the contribution of Jam al-Jawmi to the later discourse?

1.3 OBJECTIVES OF THE STUDY The researcher intends to achieve the following objectives: 1. To highlight the life and contribution of al-Subk.

2. To examine the significance of Jam al-Jawmi. 3. To analyse the structure and content of Jam al-Jawmi. 4. To evaluate the methodology of al-Subk in Jam al-Jawmi. 5. To elucidate the impact of Jam al-Jawmi on later scholarship.

1.4 SCOPE OF THE STUDY The study will include a critical appraisal of the content and methodology of Jam alJawmi. It will give special attention to study the significance of al-Subks methodology with an analysis on its strengths and weaknesses. Furthermore, the research will proffer an account of the time and life of al-Subk. It will list his works with special focus on the ul books. Likewise, the study will examine the scope of Jam al-Jawmi as a source for later scholars. However, needless to say, it is impossible to cover all aspects of the text in a short study such as this. Therefore, the primary aim of this study is to concentrate on the major methods of al-Subk with a discussion of the main content of the text.

1.4 SIGNIFICANCE OF THE STUDY The importance of this study is that it is the first attempt, to the best knowledge of researcher, to study Jam al-Jawmi in English, which is emerging as a lingua franca and as a language of Islamic studies. This work is particularly relevant, given the fact that the researcher hails from Kerala, a southern Indian state, where Jam al-Jawmi is still part of the curriculum in most Islamic institutions. The recent trend to teach traditional Islamic subjects in English make this undertaking more relevant and justified.

1.5 LITERATURE REVIEW Many studies have been done on al-Subks life and works by both Muslim and nonMuslim scholars. As his masterpiece, Jam al-Jawmi has attracted more scholarly attention. Thus, classical as well as modern scholars have written many commentaries, super commentaries, glosses, marginalia and even versifications on it. Nevertheless, these works did not address the methodology adopted by al-Subk in his books. It was the later scholars who began to study this aspect independently. For example, David W. Myhrman studied al-Subks famous work entitled Mud al-Niam wa Mubd al-Niqam. He provides a partial translation of this work in order to discuss major themes of the book. However, as the first study on this book, his concentration was to compare the available manuscripts of the book. While briefing the major works of al-Subk, he provides a short account of important commentaries on Jam al-Jawmi.6 Afterwards, Muammad al-diq usayn studied the same work in his book al-Bayt al-Subk: Bayt Ilmin f Dawlatay al-Mamlk. This book is primarily a study
6

David W. Myhrman, Introduction and notes in Tj al-Dn Abd al-Wahhb al-Subk, Mud alNiam wa Mubd al-Niqam, (London: Luzac &Co., 1978), 26-30.

about the famous scholars from al-Subks family. However, a major portion of the book covers a discussion on al-Subks concerns about social and political reforms in the light of the aforementioned book. Meanwhile, he deals very briefly with the intellectual importance of Jam al-Jawmi.7 Recently, some scholars have edited commentaries on Jam al-Jawmi. As introductions to their works, they discuss al-Subk and his magnum opus Jam alJawmi, though in a limited scope. For example, the editor of Man al-Mawni, Sad ibn Al Muammad al-umayr provides intellectual biography of al-Subk and introduces his ul works. And he compares its methodology with that of Jam alJawmi 8 as both are the works of al-Subk. Likewise, Abdul Karm al-Namlah introduces al-Subk and talks about the title and authorship as well as the methodology of Jam al-Jawmi and he records the names of 38 books written as commentaries on it9 in his study on one of them known as al-iy al-Lmi by Hullu, a 9th century Mlik scholar. Similarly, Ab Amr al-usayn looks into the methodology of alSubk in his study on Tashnf al-Masmi bi Jam al-Jawmi, a commentary by alZarkash. 10 Furthermore, Muammad Tmir ijz illustrates the significance and methodology of Jam al-Jawmi in the introduction to his edition of al-Ghayth al-

Muammad al-diq usayn, Al-Bayt al-Subk: Bayt Ilmin f Dawlatay al-Mamlk, (Al-Qhirah: Dr al-Ktib al-Miriyyah, 1948), 19-20. 8 Sad ibn Al Muammad al-umayr, Dirsah awla al-muallif wa al-kitb in Tj al-Dn Abd al-Wahhb al-Subk, Man al-Mawni an Jam al-Jawmi, (Bayrt: Dr al-Bashir, 1999), 43-59. This was his doctoral thesis from Umm al-Qura University, Saudi Arabia, 1990. 9 Abd al-Karm ibn Al al-Namlah, Muqaddimat al-muaqqiq in Amad ibn Abd al-Ramn ull, Al-iy al-Lmi Shar Jam al-Jawmi f Ul al-Fiqh, (Al-Riy: Maktabat al-Rushd, 1999), Vol. 1, p. 3-103. 10 Ab Amr al-usayn, Muqaddimat al-Taqq in Badr al-Dn Muammad ibn Bahdur alZarkash, Tashnf al-Masmi bi Jam al-Jawmi, (Bayrt: Dr al-Kutub al-Ilmiyyah, 2000), Vol. 1, p. 5-8. All quoting from al-Zarkash are taken from this edition.

Hmi, an abridgment of al-Zarkashs commentary on Jam al-Jawmi by Wal alDn al-Irq.11 Afterwards, Murta al-Dghistn in his work on al-Badr al-li, a commentary by al-Maall12, gives prefotorial study of the work.13 The introduction explains, among other issues, the earlier works, which have influence on the compilation of Jam al-Jawmi. The first chapter offers biographical details of alSubk; his name and family, his life and death, his teachers and students, and his scholarship and works, whereas the second chapter introduces al-Maall. Likewise, Muammad Ibrm al-afnw in his glosses on al-Kawkab al-Si, the versification of Jam al-Jawmi by Jall al-Dn al-Suy, briefly explains the significance and methodology of Jam al-Jawmi.14 Later on, Mamd Abd al-Ramn and Muntair Muammad jointly did authentication of the same book, wherein they traced the position of Jam al-Jawmi among the classical works of its genre. They also provide a short account of al-Subks methodology together with a catalogue of major commentaries on Jam al-Jawmi.15 The commentary of al-Zarkash was later edited

11

Muammad Tmir ijz, Muqaddimat al-muaqqiq in Wal al-Dn Ab Zarah Amad ibn Abd al-Ram al-Irq, Al-Ghayth al-Hmi: Shar Jam al-Jawmi, (Bayrt: Dr al-Kutub al-Ilmiyyah, 2004), 3-7. 12 He is Muammad ibn Amad ibn Muammad, Jall al-Dn al-Maall who has been given the title of al-Shri al-Muaqqiq (the verifying commentator) for his great contributions in writing commentaries for major works such as al-Waraqt in ul and al-Minhj in fiqh. He was born in 791 in Cairo and studied from al-Jall al-Bulqn, al-Wal al-Irq, Ibn ajar and Izz ibn Jamah. Muammad ibn Al al-Shawkn, Al-Badr al-li bi Masin man bada al-Qarn al-Sbi, ed. Khall al-Manr, (Bayrt: Dr al-Kutub al-Ilmiyyah, 1998), Vol. 2, p. 42. 13 Ab al-Fid Murta Al, Qism al-dirsah in Jall al-Dn Ab Abd Allh Muammad ibn Amad al-Maall, Al-Badr al- li f all Jam al-Jawmi, (Bayrt: Muassasat al-Rislah Nshirn, 2005), Vol. 1, p. 7-62. All quoting from al-Maall are taken from this edition. 14 Muammad Ibrm al-afnw, Muqaddimat al-muaqqiq in Jall al-Dn Abd al-Ramn alSuy, Shar al-Kawkab al-Si f Nam Jam al-Jawmi, (Al-Qhirah: Dar al-Salm, 2005), Vol. 1, p. 10-17. 15 Mamd Abd al-Ramn and Muntair Muammad, Muqaddimat al-taqq in Jall al-Dn Abd al-Ramn al-Suy, Shar al-Kawkab al-Si f Nam Jam al-Jawmi, (Al-Qhirah: Dr al-Kitb al-Islm, 2006), Vol. 1, p. 193-231.

jointly by Abd al-Azz and Abd All. They also briefly discuss the methodology, merits and importance of Jam al-Jawmi.16 Interestingly even those who studied the super commentaries have also provided few details on the original matn and its author. For example, Abd Allh alMazam studied and edited a part of Isf al-Mali, a commentary on al-Badr alLmi, versification of Jam al-Jawmi by Muammad Maf al-Tarmas. 17 The first part of his work introduces these three works and their authors in four chapters; the first of which is about al-Subk and his work. Nevertheless, all these works lack elaboration. Since these studies are not directly on Jam al-Jawmi, they are very brief and limited. Their main aim is to introduce al-Subk and provide a general overview of his work. Thus, they fail to give a clear picture of al-Subks distinct methodology. They are primarily concerned with elucidating the meanings of the terms and explicating the terminology of the text, albeit, in a traditional manner. In contrast, Amad Ibrhm asan asant devotes his whole thesis to study al-Subks methodology in ul al-fiqh by referring to all his four major ul works: Raf al-jib, al-Ibhj, Jam al-Jawmi and Man al-Mawni. 18 Of the three chapters of his thesis, the first two are introductory on the author and his aforementioned works respectively, whereas the third attempts to understand alSubks ul methodology from his aforesaid works.

16

Abd al-Azz and Abd Allh Rab, Khubah al-kitb in Badr al-Dn Muammad ibn Bahdur alZarkash, Tashnf al-Masmi bi Jam al-Jawmi, (Al-Qhirah: Maktab al-Qurubah, 2nd edn., 2006), Vol. 1, p. 15-24. 17 Abd Allh ibn Al al-Mazam, Isf al-Mali bi Shar al-Badr al-Lmi Nam Jam al-Jawmi Talf al-Allmah Muammad Maf ibn Abd Allh al-Tarmas: Dirsah wa Taq (min awwal kitb al-Qiys il khirihi), (Unpublished Ph.D. thesis, Umm al-Qura University, Saudi Arabia, 1428 A.H). <http://libback.uqu.edu.sa/hipres/FUTXT/4898.pdf> (accessed on 01 January 2012). 18 Amad Ibrhm asan al-asant, Al-Imm Tj al-Dn al-Subk wa Manhajuhu f Ul al-Fiqh, (Unpublished Master thesis, University of Jordan, Amman, 2002).

10

In the first chapter, he looks into the historical background of al-Subks time, the family of al-Subk, his life and education, his scholarship, his intellectual contribution, the positions he held among other things. He attributes 55 works to alSubk with reference to different sources. Besides, he lists four works, which have been wrongly attributed to the author. The following chapter of the book gives an overview of the four works under different sections (mabith). The details on Jam al-Jawmi are in the third mabath in which he explains the writing style of text, its importance and significance. He partially discusses the sources of Jam al-Jawmi by mentioning few scholars who have been mentioned in the text. He enumerates the maximum number of works written on the matn under various categories with reference to the sources, details of publication or manuscripts. However, the list has a few errors, which the researcher will mention in the respective discussion. The final chapter examines the methodology of al-Subk in his ul works. He identifies ten issues. Four of them, i.e. his methodology in [a] quoting, [b] discussing fiqh issues, [c] his approach to the scholars by whom he seems to be influenced and [d] integrity among his works, has been discussed generally by citing examples from any of the aforesaid works. Whereas he does not include Jam al-Jawmi in three issues which are about his methodology in respect of [a] identifying the point of difference (maall al-niz), [b] disputation (munqashah) with and replies (rudd) to the opponents, and [c] recording the adth. These issues are discussed with reference to his other ul works, as he does not feel their relevance to Jam al-Jawmi. He deals with Jam al-Jawmi separately in respect of the remaining three methods of: [a] mentioning the definitions, [b] recording the opinions, and [c] explaining evidences and examples.

11

This shows that al-Subk has a distinct methodology in Jam al-Jawmi. On the other hand, some of his methods are general that can be found in all of his works. This study is a good attempt to understand al-Subks methodology in ul al-fiqh comprehensively. Accordingly, he builds a solid base for further studies on the methodology of al-Subk. Nevertheless, as a study on four of his work, Jam alJawmi is not the prime concern of the study. At the same time, Aqlah goes further and gives more details on different aspects of the text as her thesis is directly on Jam al-Jawmi. 19 After providing biographical account of al-Subk, she analyses the significance of the text by listing the scholars and their works on it. She also looks into the methodology applied in the text, by illustrating its features as a mukhtaar and discussing the path that the author follows therein. Further, she examines the sources by reproducing the list provided by al-Subk in his Raf al-jib. Whereas, she takes some later works to find out how the work has been quoted by the later scholars. Finally, she briefly discusses the chapters of the text and authors methodology in discussing the topic. In this way, she provides the necessary details on the methodology, though it is only as an introduction to her edit of the text. li al-Zank did further contributions to the study of al-Subks methodology by focusing on Jam al-Jawmi separately. His work, Malim al-Turth al-Ul20 is an indepth analysis of the text as a model, in order to provide students with an easy understanding of the classical works. He classifies his book broadly into three chapters. The first one, being an introductory chapter, highlights the life and
19

Aqlah usayn, Jam al-Jawmi f Ilm Ul al-Fiqh li Abd al-Wahhb ibn Al Tj al-Dn ibn al-Subk: Dirsah wa Taqq, (Unpublished Ph.D. thesis, University of Algiers, 2005-2006). <http://ia600709.us.archive.org/20/items/Rasa2ilJami3iaMJJ/HOCINE AKILA.PDF> (accessed on 16 August 2011). 20 li al-Zank, Malim al-Turth al-Ul: Kitb Jam al-Jawmi li al-Imm Ibn al-Subk Namdhajan, (Kuala Lumpur: Dr al-Tajdd, 2007).

12

contributions of al-Subk along with a general idea about Jam al-Jawmi. He catalogues its commentaries, versifications, etc. without any reference or details. Further, it provides a brief account of those who appear to be the most influential on al-Subk in their contributions to Jam al-Jawmi, such as the sects, and scholars that he mentions in the text. However, the discussion is brief and lacks elaboration. The second chapter is the central theme of the book, wherein he explains the methodology of al-Subk in Jam al-Jawmi. He identifies ten methods, which are special to al-Subk. Each one is discussed separately under sub-headings giving suitable examples from the text. To an extent, he succeeded in identifying the methods and some of the special terms used by the author. The final chapter assesses the academic value of Jam al-Jawmi. This includes the discussion on the complexity of the text as well as the criticisms levelled against it. However, the limitation of this chapter is that, the author extensively relies upon the commentary of al-Maall, one of the best commentators on Jam alJawmi. Consequently, he ignores the comprehensive nature of criticisms, which has started from the time the book was completed. This is evident from the fact that, in this chapter, he never mentions the name of Man al-Mawni, written by the author himself, in order to answer the criticisms by his colleagues. In short, there are few studies on al-Subk and his work. Most of them are by editors of its commentaries which form as their respective introductions. They merely listed few pointes without any elaboration, making them inadequate to understand the methodology of the author in his text. The works of Aqlah usayn, Ibrhm asant and li Zank, however, present more details on al-Subks methodology and thus forming the basis for future studies on the text. Nevertheless, all these studies were done independently without benefiting each other. Thus, a further study based on the

13

current findings can complete this endeavour. Accordingly, the present study has benefited from all these works and re-examined some of their findings. It adds many new details and collates various points which have been scattered in different studies. It also refers to many new sources which, according to the researchers surprise, have been ignored by the earlier studies. Furthermore, most of the aforementioned studies are in Arabic language, which confines, more or less, to its scope. Hence, a study of the book in English language may widen its reach to the new generation who study Islamic law and sharah in English. The present study seems to be the first attempt in this regard. In view of the above situation, this research is expected to do a more comprehensive and critical study of Jam al-Jawmi with special focus on its style, methodology, terminology as well as its impact on later scholarship.

1.6 METHODOLOGY OF THE STUDY As a study on the classical text, methodology of this study is qualitative. It will use inductive methods utilizing primary sources, which includes both modern and classical works on ul al-fiqh in general and on Jam al-Jawmi in particular. For better understanding of the text, the researcher will rely upon al-Subks other works as well as the major commentaries written, especially that by al-Maall and alZarkash. Further references are made to the super commentaries by Ibn Qsim, alBannn, al-Ar21 and the glosses by al-Sharbn. The study will follow the critical approach to identify the merits and demerits of al-Subks methodology in the text. It will objectively trace the position of Jam al-Jawmi in ul discourses. To study the

21

asan ibn Muammad ibn Mamd al-Ar was born in 1190, Cairo. He became the Shaykh al Azhar in 1246. Khayr al-Dn al-Zirikl, Al-Alm: Qms Tarjim li Ashhur al-Rijl wa al-Nis, (Bayrt: Dr al-Kututb al-Ilmiyyah, 1986), Vol. 2, p. 220.

14

methodology of al-Subk, the present researcher made use of the available studies by al-Zank, Ibrhm and Aqlah. Most of the sources for this study are Arabic works. The researcher provides the translation wherever necessary. Likewise, the work consists of many translated passages from Jam al-Jawmi and its commentaries. All these were translated by the researcher by taking every care to guarantee the accuracy except where a freer rendering would have sounded more useful. The researcher has been obliged to add few words, which have been enclosed in square brackets, to ensure the smooth understanding of the text. The technical terms which have distinct meaning have been retained in their Arabic form for which English equivalents or explanatory notes are given in their first occurrence. In this regard the researcher has benefited from the available ul works in English language. Occasionally some information is given in the form of figures and tables, where few abbreviations have been used. They are explained at their relevant places. Generally, the dates and years are given according to the Hijrah Calendar except where the context suggests otherwise.

1.7 ORGANIZATION OF THE STUDY This study is organised in five chapters and a conclusion. The first chapter sets a general background to the study. It begins with a brief history of the development of ul al-fiqh to the time of al-Subk. Then it states the research problem, questions, objectives, methodology, scope and significance of the study. The literature review explores the current trend of the studies on Jam al-Jawmi. Second Chapter looks into the biographical history and achievements of alSubk. In order to understand the life and scholarship of the author, the chapter provides a brief account of his time. It covers the political situation, socio-cultural

15

milieu and religio-educational conditions of that period. After introducing the family of al-Subk, it enters to his life with details on his birth, education, status, and his intellectual persuasions. The contributions of the author have also been listed. The Third Chapter provides an overview of the work. It examines the title, date and authorship of the text. Then it explores the significance of the text and comparatively examines the writing styles that the author follows in its compilation. Further, it illustrates the structure and content of the text. It classifies the content to three categories and further elaborates each one of them. Finally, it lists the plausible sources of the text by naming those scholars who have been mentioned therein. Chapter Four studies the text critically in order to understand the authors methodology and terminology. It identifies seven distinct methods and elaborates them by citing relevant examples from the text. Then it finds out the special terms that the author employed in the text. They are arranged under two categories. The usage of each term has been exemplified with reference to their occurrence in the text. Lastly, the chapter makes a general survey on the criticism levelled against the work. Chapter Five checks the influence of the work on the later development of the discipline. Firstly, it takes few samples to observe how far it has been referred to in the later works. The samples are wisely selected from different schools and at different periods. Then it explores the role of Jam al-Jawmi as a textbook for the ul studies. It goes through the history of Jam studies in various parts of the world by adherents of different schools. Finally, the chapter lists the works done on the text classified into various categories. The conclusion summarizes the main points discussed in the study. It also enumerates the important findings of this research.

16

CHAPTER TWO AL-SUBK: BIOGRAPHY AND ACHIEVEMENTS

This chapter introduces the author. It draws a picture of the environment in which he lived by analysing the political, socio-cultural and intellectual conditions of his period. Later a brief sketch of his life is provided. As he hails from a well-known family, it also looks into his family background. Finally his works has been listed with a special analysis of his contributions to ul al-fiqh. Thus, this chapter familiarises the author inasmuch as paving the way for a critical appraisal of his work which would be done in the following chapters.

2.1 TIME OF AL-SUBK Thoughts and contributions of a scholar are influenced by his time and place. Scholarly works are written as a response to the challenges of the time and in accordance with the need of the hour. Even socio-political situations have a role in moulding their concepts and shaping their works. They depend on the available literatures of their time. Thus, having a better understanding of the historical background of any scholar is pertinent to a critical study of his work. Al-Subk and his Jam al-Jawmi are not exceptions to this rule. Here the researcher would briefly analyse the time of al-Subk in its various aspects to understand the significance of his works and their contributions. First, let us look into the environment in which al-Subk lived.

17