Al-Subki's Jam' al-Jawami A critical study.pdf
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AL-SUBKĪ’S JAMʿ AL-JAWĀMIʿ: A CONCEPTUAL CRITICAL ANALYSIS OF ITS SIGNIFICANCE, METHODOLOGY AND TERMINOLOGY BY MOHAMED JABIR ALI HUDAWI INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA 2013
description
a study on the methodology of Jam' al-Jawami'
Transcript of Al-Subki's Jam' al-Jawami A critical study.pdf
AL-SUBKĪ’S JAMʿ AL-JAWĀMIʿ: A CONCEPTUAL
CRITICAL ANALYSIS OF ITS SIGNIFICANCE,
METHODOLOGY AND TERMINOLOGY
BY
MOHAMED JABIR ALI HUDAWI
INTERNATIONAL ISLAMIC UNIVERSITY
MALAYSIA
2013
AL-SUBKĪ’S JAMʿ AL-JAWĀMIʿ: 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 Uṣūl al-Fiqh)
Kulliyyah of Islamic Revealed Knowledge and Human
Sciences
International Islamic University
Malaysia
FEBRUARY 2013
ii
ABSTRACT
Understanding the contributions of Muslim legal theorists is very pertinent to the
contemporary studies on uṣūl al-fiqh. Accordingly, this study presents a critical
appraisal of one of the classical works, entitled Jamʿ al-Jawāmiʿ by Tāj al-Dīn al-
Subkī. 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 Shāfiʿī-Ashʿarī family who lived in 8th
century A.H.
during the Mamlūk dynasty. He has many significant works on various subjects. Jamʿ
al-Jawāmiʿ is one of his uṣūlī works in which he discusses all important uṣūlī 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 uṣūl-related issues from kalām 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.
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البحث خالصة
إن فهم إسهامات األصوليني القدامى أمر مهم جدا للدراسات املعاصرة يف أصول الفقه. لذلك تقدم هذه الدراسة تقييما نقديا لكتاب "مجع اجلوامع" لتاج الدين السبكي. وقد مت اختياره كنموذج للكتب
ان. وتعتمد هذه الدراسة لدى العلماء والطالب عرب التاريخ ويف كل البلد مقبوالالرتاثية األصولية، لكونه على املنهج التحليل النصي. ومؤلف هذا الكتاب هو من أسرة "الُسبك" اليت اشتهرت يف عصر املماليك. وله مصنفات عدة يف فنون شىت. ومجع اجلوامع من أهم كتبه األصولية، إذ يناقش فيه مجيع
صدر متنوع. وحيتوي على القضايا ذات القضايا األصولية بلغة بليغة، ووجيزة، مستمدة من حوايل مائة مالصلة باألصول من علم الكالم واللغة والفقه، فضال عن املصادر األصلية والتبعية وما يتعلق بتطبيقاهتا. إضافة إىل القضايا العقدية واألخالقية احملضة مما أضفى على الكتاب شكال فريدا غري مسبوق، بالرغم
الوقت يف ترتيب الكتاب وتقسيمه. وقد اعتمد املؤلف أسلوبا متميزا من اتباعه العادة السائدة يف ذلكيف كتابه من خالل اختاذ العربة من مناهج املؤلفني السابقني. وقد ركزت هذه الدراسة على سبعة مناهج منها مع التفاصيل يف ضوء األمثلة والشواهد من الكتاب. اىل جانب ذلك، يستخدم املؤلف بعض
مت تصنيفها وحتليلها يف هذه الدراسة. والحظت الدراسة أن القبول الواسع للكتاب املصطلحات اليت لدى العلماء هو السبب األكرب وراء الشروح الكثرية أقيمت عليه حبيث حياوز عددها املائةز ويف الوقت نفسه وجِّه الكثري من االنتقادات للكتاب، منها ما هو معقول. على الرغم من أن اإلصالحات
كادميية األخرية خفضت أمهيته التقليدية، فإن الكتاب مع شروحها ال يزال حاضرا يف الرسائل اجلامعية األحتقيقا ودراسة. وأخريا ، فإن الدراسة تشري إىل أنه ينبغي أن يكون دراسات أكثر حول هذا الكتاب
ا يف اللغة العربية ومنهجه، بلغات أجنبية، فضال عن الرتمجة كاملة، حيث إن الدراسات السابقة كله فقط.
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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 Uṣūl 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 Uṣūl al-Fiqh).
…………………………………..
Mohamed El-Tahir El-Mesawi
Internal Examiner
This dissertation was submitted to the Department of Fiqh and Uṣūl al-Fiqh and is
accepted as a fulfilment of the requirement for the degree of Master of Islamic
Revealed Knowledge and Heritage (Fiqh and Uṣūl al-Fiqh).
…………………………………..
Ahmad Basri Ibrahim
Head, Department of
Fiqh and Uṣūl 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 Uṣūl al-Fiqh).
…………………………………..
Mahmood Zuhdi Abdul Majid
Dean, Islamic Revealed
Knowledge and Human Science
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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…………………………
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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-SUBKĪ’S JAMʿ AL-JAWĀMIʿ: 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.
2. IIUM or its library will have the right to make transmit copies (print of
electronic) for institutional and academic purposes.
3. 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.
Affirmed by Mohamed Jabir Ali Hudawi
…………………………….. …………………………..
Signature Date
vii
ACKNOWLEDGEMENTS
In the Name of Allāh, the Most Merciful and the Most Compassionate.
Praise be to Allāh, the Nourisher-Sustainer of the Universe and His regard and
Salutation be on His chosen Prophet Muḥammad.
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 Jamʿ al-Jawāmiʿ. 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 Allāh shower His infinite
bounties and blessings on all of them. I am alone responsible for any shortcoming that
remains. To Allāh belongs all perfection.
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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-SUBKĪ-BIOGRAPHY AND ACHIEVEMENTS ............ 17 2.1 Time of Al-Subkī ........................................................................................ 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-Subkī ............................................................................... 25
2.2.1 Family Background .......................................................................... 25 2.2.2 Life of al-Subkī ................................................................................ 29 2.2.3 Teachers ........................................................................................... 32 2.2.4 Students of al-Subkī ......................................................................... 35 2.2.5 Schools of Thought and Law ........................................................... 41
2.3 Contributions of Al-Subkī .......................................................................... 43 2.3.1 The List of al-Subkī’s Works ........................................................... 43 2.3.2 An Analysis of al-Subkī’s Works in Uṣūl al-Fiqh ........................... 47
CHAPTER THREE: AL-SUBKĪ’S JAMʿ AL-JAWĀMIʿ: 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 Jamʿ al-Jawāmiʿ .............................................. 53 3.1.4 Writing Style of Jamʿ al-Jawāmiʿ.................................................... 55
3.1.4.1 Method of the Theologians (Ṭarīqat al-Mutakallimīn) ......... 55
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3.1.4.2 Method of the Jurists (Ṭarīqat al-Fuqahā’) .......................... 56
3.1.4.3 Method of Reconciliation ...................................................... 57 3.1.4.4 Method Followed by al-Subkī ............................................... 57
3.2 Structure of the Text ................................................................................... 59
3.3 Synoptic Analysis of the Text..................................................................... 64 3.3.1 Subject Matter of Uṣūl al-Fiqh ........................................................ 64
3.3.1.1 Sources of Law ...................................................................... 65 3.3.1.1.1 The Qur’ān .................................................................. 65 3.3.1.1.2 Sunnah ......................................................................... 65
3.3.1.1.3 Ijmāʿ ............................................................................ 66 3.3.1.1.4 Qiyās ........................................................................... 67 3.3.1.1.5 Al-Istidlāl .................................................................... 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 Ijtihād and Mujtahid ................................................... 70
3.3.1.2.3 Maqāṣid al-Sharīʿah ................................................... 71
3.3.2 Uṣūl-Related Issues .......................................................................... 72 3.3.2.1 Linguistic Issues .................................................................... 72 3.3.2.2 Theological Postulates ........................................................... 74 3.3.2.3 Fiqhī 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 Taṣawwuf or Spiritual Aspects .............................................. 80
3.4 Sources of Jamʿ Al-Jawāmiʿ ....................................................................... 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 JAMʿ AL-JAWĀMIʿ ................... 95 4.1 Al-Subkī’s Methodology in Jamʿ Al-Jawāmiʿ ........................................... 95
4.1.1 Defining Technical Terms................................................................ 96 4.1.1.1 Omission of Definitions ........................................................ 97
4.1.1.1.1 Linguistic Definition (al-Taʿrīf al-Lughawī). ............. 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-Ḥadd al-Ḥaqīqī) ........................ 102
4.1.1.3.2 Literal Definition (al-Taʿrīf al-Lafẓī) ........................ 102 4.1.1.3.3 Defintion by Classification (al-Taʿrīf bi al-Taqsīm) 103 4.1.1.3.4 Defintion by Examples (al-Taʿrīf bi al-Mithāl) ........ 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
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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-Ḥaqq (The Truth) ................................................. 124
4.2.1.1.2 Al-Ṣawāb (Correct Opinion) ..................................... 125
4.2.1.1.3 Al-Ṣaḥīḥ (Valid Opinion) .......................................... 126
4.2.1.1.3 Al-Aṣaḥḥ (Most Valid Opinion) ................................ 127 4.2.1.1.4 Al-Mukhtār (Chosen Opinion) .................................. 127
4.2.1.1.5 Al-Arjaḥ (Most Preferred Opinion) ........................... 127
4.2.1.1.6 Al-Aẓhar (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-Jumhūr (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-Ra’y (Best Opinion) ............................................. 132 4.2.1.2.5 ʿIndī (My Opinion).................................................... 132
4.2.1.3 Terms Denoting the Weak Opinion ..................................... 134
4.2.1.3.1 Zaʿama (It is Claimed) .............................................. 134 4.2.1.3.2 Qīla (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-kadhā (Likewise) ................................................ 136 4.2.1.4.3 Wifāqan li (In Agreement with) ................................ 137 4.2.1.4.4 Khilāfan li (As Opposed to) ...................................... 137
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4.2.2 Terminolgy to Denote the Names .................................................. 138
4.2.2.1 Al-Imām .............................................................................. 138 4.2.2.2 Al-Qāḍī ................................................................................ 139 4.2.2.3 Al-Shaykh al-Imām ............................................................. 139
4.2.2.4 Al-Ustādh ............................................................................ 140 4.2.2.5 Al-Shaykh ............................................................................ 140
4.3 Criticism of Jamʿ al-Jawāmiʿ ................................................................... 141 Figure 4.3: Criticisms against Jamʿ al-Jawāmiʿ ..................................... 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 (Iṭālah) .................................................... 146 4.3.2.1.2 Obscurity (Ījāz) ......................................................... 147 4.3.2.1.3 Misleading (Īhām) ..................................................... 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 JAMʿ AL- JAWĀMIʿ ON LATER
DEVELOPMENT OF UṢŪL 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 Jamʿ al-Jawāmiʿ ............................................................... 166
CONCLUSION ........................................................................................................ 181
BIBLIOGRAPHY .................................................................................................... 184
APPENDIX ............................................................................................................... 193
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LIST OF TABLES
Table No. Page No.
2.1 The Baḥrī Mamlūk dynasty 19
2.2 The works of Tāj al-Dīn al-Subkī 44
3.1 Synoptic analysis of the contents of Jamʿ al-Jawamiʿ 62
3.2 The sources of Jamʿ al-Jawāmiʿ 82
3.3 The sects mentioned in Jamʿ al-Jawāmiʿ 93
5.1 The works on Jamʿ al-Jawāmiʿ 167
xiii
LIST OF FIGURES
Figure No. Page No.
2.1 The social classes during the time of al-Subkī 22
2.2 The family tree of al-Subkī 26
3.1 Chapter-wise division of the text 63
3.2 Space allocated to each topic 63
4.1 Methodology used in Jamʿ al-Jawāmiʿ 96
4.2 The scale of preponderance 124
4.3 Criticisms against Jamʿ al-Jawāmiʿ 142
xiv
TRANSLITERATION TABLE
CONSUNETS
Arabic English Arabic English
Ḍ ض ’ ء
Ṭ ط B ب
Ẓ ظ T ت
ʿ ع Th ث
Gh غ J ج
F ف Ḥ ح
Q ق Kh خ
K ك D د
L ل Dh ذ
M م R ر
N ن Z ز
W و S س
H ه Sh ش
Y ي Ṣ ص
LONG VOWELS SHORT VOWELS
Ā آ A أ
Ī إي I إ
Ū أ و U أ
1
CHAPTER ONE
INTRODUCTION TO THE STUDY
Tāj al-Dīn ʿAbd al-Wahhāb al-Subkī1 (727–771 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, Jamʿ al-Jawāmiʿ is one of the most
remarkable one, being widely accepted by scholars as an authentic work in uṣūl al-
fiqh.
Uṣūl al-fiqh is an essential component in understanding Islamic law and other
related disciplines. It discusses the manner of approaching the Qur’ān and ḥadīth
(tradition) in extrapolating the Islamic viewpoint on a particular issue. It is a well-
organized 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 sharʿī 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 sharīʿah 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 sharīʿah and its application in the
1 His given name is ʿAbd al-Wahhāb, whereas al-Subkī is his family name. However, in this research,
he is referred to as al-Subkī. 2 Abū Ḥāmid Muḥammad ibn Muḥammad al-Ghazālī, Al-Muṣtaṣfā min ‘Ilm al-Uṣūl, ed. Ḥamzah ibn
Zuhayr al-Ḥāfiẓ, (Jiddah: Sharikat al-Madīnah al-Munawwarah li al-Ṭabāʿah, 1413 A.H), Vol. 1, p. 4;
ʿAbd al-Raḥmān Muḥammad Ibn Khaldūn, Muqaddimat Ibn Khaldūn, ed. ʿAlī ʿAbd al-Wāḥid Wāfī,
(Al-Qāhirah: Dār Nahḍat Miṣr, 3rd
edn. 1979), Vol. 3, p. 1061.
2
contemporary context. This sets uṣūl 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 uṣūl 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, uṣūl 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 uṣūl 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 uṣūl al-fiqh as a discipline, thanks to the efforts of
al-Shāfiʿī whose Risālah 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
3 Many works have been written on the development of uṣūl al-fiqh. The ongoing account is primarly
based on Ibn Khaldūn, Vol. 3, p. 1061-1063. For details see Shaʿbān Muḥammad Ismāʿīl, Uṣūl al-Fiqh:
Tārīkhuhu wa Rijāluhu, (Al-Riyāḍ: Dār al-Mirrīkh, 1981), ʿAbd al-Salām Blājī, Taṭawwur ʿIlm Uṣūl al-
Fiqh wa Tajadduduhu, (Miṣr: Dār al-Wafā’, 2007) and Wael B. Hallaq, A History of Islamic Legal
Theories: An Introduction to Sunnī Uṣūl al-Fiqh, (New York: Cambridge University Press, 2005). 4 The role of al-Shāfiʿī and his al-Risālah in the development of uṣūl 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-Shāfiʿī as the founding father of uṣūl al-fiqh. Hallaq, history, 21-35; Wael B. Hallaq, “Was al-
Shāfiʿī the Master Architect of Islamic Jurisprudence?” International Journal of Middle East Studies,
25 (1993): 587-605.
3
disagreements got their space in uṣūlī discussions. Gradually theological and logical
issues also began to be discussed in the uṣūlī works.
Naturally, scholars adopted various approaches in compiling their works; as
influenced by their affiliations to different theological and juristic schools. The
Ḥanafites treated the subject based on their school of law, whereas the Mutakallimūn
(sing. mutakallim. Refers to those professing ʿilm al-Kalām 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 uṣūl, like other disciplines, which is
known as muṭawwal (extended work) and mukhtaṣar (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, mukhtaṣar treats the whole subject briefly
and concisely. In the medieval period, mukhtaṣarāt was so popular that all major
works were abridged by scholars.
The history of uṣūlī works can illustrate this trend. For example, among the
mutakallimūn, four works are considered as the basis of later works. They are: [1] al-
ʿUmad by al-Qāḍī ʿAbd al-Jabbār and its commentary [2] al-Muʿtamad by Abū al-
Ḥusyan al-Baṣrī, [3] al-Burhān by Imām al-Ḥaramayn, [4] al-Mustaṣfā by al-Ghazālī.
Many works were written on each of these four works separately. At the same time,
al-Imām al-Rāzī in his al-Maḥṣūl and Sayf al-Dīn al-Āmidī in his al-Iḥkām fī Uṣūl al-
Aḥkām recapitulated the previously mentioned four works. Though both authors were
among mutakallimūn, 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-Maḥṣūl was abridged by Sirāj al-Dīn al-Armawī in
al-Taḥṣīl and by Tāj al-Dīn al-Armawī in al-Ḥāṣīl. Al-Bayḍāwī further abridged al-
4
Ḥāṣil in a concise work entitled Minhāj. At the same time, al-Iḥkām was abridged by
Ibn al-Ḥājib in his work entitled al-Muntahā, which he further summarized in his
work popularly known as Mukhtaṣar Ibn al-Ḥājib. Historians record that both these
works, Minhāj and Mukhtaṣar, 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-Rāzī’s school (madrasat
al-Rāzī) and al-Āmidī’s school (madrasat al-Āmidī).
At this juncture, al-Subkī’s role is worth mentioning. He compiled
commentaries on both Mukhtaṣar and Minhāj. Accordingly, he could have acquainted
himself with the methods of both these schools. This also helped him to develop his
own uṣūlī personality without totally submitting to any particular school. Now, he
successfully produced his own work entitled Jamʿ al-Jawāmiʿ, 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 uṣūl 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, uṣūl al-fiqh has not been
5
discussed much, as it deserves. The works dealing with uṣūl 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 uṣūl al-
fiqh.5 However, some works have appeared recently, thanks to the growing trend to
study sharīʿah 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-Subkī’s Jamʿ
al-Jawāmiʿ can serve as a model for understanding the classical developments in uṣūl
al-fiqh. The importance of Jamʿ al-Jawāmiʿ stems from the fact that, it is one of the
marvellous texts written in uṣūlī 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 uṣūl.
Thus, this research is an attempt to give an account of classical works in uṣūl
al-fiqh by studying al-Subkī’s Jamʿ al-Jawāmiʿ. 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-Subkī 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-Subkī?
5 Uṣūl 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.
6
2. Why is Jamʿ al-Jawāmiʿ important in the uṣūlī discourse?
3. What is the structure and contents of Jamʿ al-Jawāmiʿ?
4. What are the methods that the author adopts in Jamʿ al-Jawāmiʿ?
5. What is the contribution of Jamʿ al-Jawāmiʿ 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-Subkī.
2. To examine the significance of Jamʿ al-Jawāmiʿ.
3. To analyse the structure and content of Jamʿ al-Jawāmiʿ.
4. To evaluate the methodology of al-Subkī in Jamʿ al-Jawāmiʿ.
5. To elucidate the impact of Jamʿ al-Jawāmiʿ on later scholarship.
1.4 SCOPE OF THE STUDY
The study will include a critical appraisal of the content and methodology of Jamʿ al-
Jawāmiʿ. It will give special attention to study the significance of al-Subkī’s
methodology with an analysis on its strengths and weaknesses. Furthermore, the
research will proffer an account of the time and life of al-Subkī. It will list his works
with special focus on the uṣūlī books. Likewise, the study will examine the scope of
Jamʿ al-Jawāmiʿ 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-Subkī with a
discussion of the main content of the text.
7
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 Jamʿ al-Jawāmiʿ 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 Jamʿ al-Jawāmiʿ
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-Subkī’s life and works by both Muslim and non-
Muslim scholars. As his masterpiece, Jamʿ al-Jawāmiʿ 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-Subkī in his books. It was
the later scholars who began to study this aspect independently.
For example, David W. Myhrman studied al-Subkī’s famous work entitled
Muʿīd al-Niʿam wa Mubīd 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-Subkī, he provides a short account of important
commentaries on Jamʿ al-Jawāmiʿ.6
Afterwards, Muḥammad al-Ṣādiq Ḥusayn studied the same work in his book
al-Bayt al-Subkī: Bayt ʿIlmin fī Dawlatay al-Mamālīk. This book is primarily a study
6 David W. Myhrman, “Introduction and notes” in Tāj al-Dīn ʿAbd al-Wahhāb al-Subkī, Muʿīd al-
Niʿam wa Mubīd al-Niqam, (London: Luzac &Co., 1978), 26-30.
8
about the famous scholars from al-Subkī’s family. However, a major portion of the
book covers a discussion on al-Subkī’s concerns about social and political reforms in
the light of the aforementioned book. Meanwhile, he deals very briefly with the
intellectual importance of Jamʿ al-Jawāmiʿ.7
Recently, some scholars have edited commentaries on Jamʿ al-Jawāmiʿ. As
introductions to their works, they discuss al-Subkī and his magnum opus Jamʿ al-
Jawāmiʿ, though in a limited scope. For example, the editor of Manʿ al-Mawāniʿ,
Saʿīd ibn ʿAlī Muḥammad al-Ḥumayrī provides intellectual biography of al-Subkī and
introduces his uṣūlī works. And he compares its methodology with that of Jamʿ al-
Jawāmiʿ8 as both are the works of al-Subkī. Likewise, ʻAbdul Karīm al-Namlah
introduces al-Subkī and talks about the title and authorship as well as the methodology
of Jamʿ al-Jawāmiʿ and he records the names of 38 books written as commentaries on
it9 in his study on one of them known as al-Ḍiyāʼ al-Lāmiʻ by Hulūlu, a 9
th century
Mālikī scholar. Similarly, Abū ʿAmr al-Ḥusayn looks into the methodology of al-
Subkī in his study on Tashnīf al-Masāmiʿ bi Jamʿ al-Jawāmiʿ, a commentary by al-
Zarkashī.10
Furthermore, Muḥammad Tāmir Ḥijāzī illustrates the significance and
methodology of Jamʿ al-Jawāmiʿ in the introduction to his edition of al-Ghayth al-
7 Muḥammad al-Ṣādiq Ḥusayn, Al-Bayt al-Subkī: Bayt ʿIlmin fī Dawlatay al-Mamālīk, (Al-Qāhirah:
Dār al-Kātib al-Miṣriyyah, 1948), 19-20. 8 Saʿīd ibn ʿAlī Muḥammad al-Ḥumayrī, “Dirāsah ḥawla al-mu’allif wa al-kitāb” in Tāj al-Dīn ʿAbd
al-Wahhāb al-Subkī, Manʿ al-Mawāniʿ ʿan Jamʿ al-Jawāmiʿ, (Bayrūt: Dār al-Bashā’ir, 1999), 43-59.
This was his doctoral thesis from Umm al-Qura University, Saudi Arabia, 1990. 9 ʿAbd al-Karīm ibn ʿAlī al-Namlah, “Muqaddimat al-muḥaqqiq” in Aḥmad ibn ʿAbd al-Raḥmān
Ḥulūlū, Al-Ḍiyā’ al-Lāmiʿ Sharḥ Jamʿ al-Jawāmiʿ fī Uṣūl al-Fiqh, (Al-Riyāḍ: Maktabat al-Rushd,
1999), Vol. 1, p. 3-103. 10
Abū ʿAmr al-Ḥusayn, “Muqaddimat al-Taḥqīq” in Badr al-Dīn Muḥammad ibn Bahādur al-
Zarkashī, Tashnīf al-Masāmiʿ bi Jamʿ al-Jawāmiʿ, (Bayrūt: Dār al-Kutub al-ʿIlmiyyah, 2000), Vol. 1,
p. 5-8. All quoting from al-Zarkashī are taken from this edition.
9
Hāmiʿ, an abridgment of al-Zarkashī’s commentary on Jamʿ al-Jawāmiʿ by Walī al-
Dīn al-ʿIrāqī.11
Afterwards, Murtaḍā al-Dāghistānī in his work on al-Badr al-Ṭāliʿ, a
commentary by al-Maḥallī12
, gives prefotorial study of the work.13
The introduction
explains, among other issues, the earlier works, which have influence on the
compilation of Jamʿ al-Jawāmiʿ. The first chapter offers biographical details of al-
Subkī; his name and family, his life and death, his teachers and students, and his
scholarship and works, whereas the second chapter introduces al-Maḥallī. Likewise,
Muḥammad Ibrāḥīm al-Ḥafnāwī in his glosses on al-Kawkab al-Sāṭiʿ, the versification
of Jamʿ al-Jawāmiʿ by Jalāl al-Dīn al-Suyūṭī, briefly explains the significance and
methodology of Jamʿ al-Jawāmiʿ.14
Later on, Maḥmūd ʿAbd al-Raḥmān and Muntaṣir
Muḥammad jointly did authentication of the same book, wherein they traced the
position of Jamʿ al-Jawāmiʿ among the classical works of its genre. They also provide
a short account of al-Subkī’s methodology together with a catalogue of major
commentaries on Jamʿ al-Jawāmiʿ.15
The commentary of al-Zarkashī was later edited
11
Muḥammad Tāmir Ḥijāzī, “Muqaddimat al-muḥaqqiq” in Walī al-Dīn Abū Zarʿah Aḥmad ibn ʿAbd
al-Raḥīm al-ʿIrāqī, Al-Ghayth al-Hāmiʿ: Sharḥ Jamʿ al-Jawāmiʿ, (Bayrūt: Dār al-Kutub al-ʿIlmiyyah,
2004), 3-7. 12
He is Muḥammad ibn Aḥmad ibn Muḥammad, Jalāl al-Dīn al-Maḥallī who has been given the title
of al-Shāriḥ al-Muḥaqqiq (the verifying commentator) for his great contributions in writing
commentaries for major works such as al-Waraqāt in uṣūl and al-Minhāj in fiqh. He was born in 791 in
Cairo and studied from al-Jalāl al-Bulqīnī, al-Walī al-ʿIrāqī, Ibn Ḥajar and ʿIzz ibn Jamāʿah.
Muḥammad ibn ʿAlī al-Shawkānī, Al-Badr al-Ṭāliʿ bi Maḥāsin man baʿda al-Qarn al-Sābiʿ, ed. Khalīl
al-Manṣūr, (Bayrūt: Dār al-Kutub al-ʿIlmiyyah, 1998), Vol. 2, p. 42. 13
Abū al-Fidāʿ Murtaḍā ʿAlī, “Qism al-dirāsah” in Jalāl al-Dīn Abū ʿAbd Allāh Muḥammad ibn
Aḥmad al-Maḥallī, Al-Badr al- Ṭāliʿ fī Ḥall Jamʿ al-Jawāmiʿ, (Bayrūt: Mu’assasat al-Risālah Nāshirūn, 2005), Vol. 1, p. 7-62. All quoting from al-Maḥallī are taken from this edition. 14
Muḥammad Ibrāḥīm al-Ḥafnāwī, “Muqaddimat al-muḥaqqiq” in Jalāl al-Dīn ʿAbd al-Raḥmān al-
Suyūṭī, Sharḥ al-Kawkab al-Sāṭiʿ fī Naẓm Jamʿ al-Jawāmiʿ, (Al-Qāhirah: Dar al-Salām, 2005), Vol. 1,
p. 10-17. 15
Maḥmūd ʿAbd al-Raḥmān and Muntaṣir Muḥammad, “Muqaddimat al-taḥqīq” in Jalāl al-Dīn ʿAbd
al-Raḥmān al-Suyūṭī, Sharḥ al-Kawkab al-Sāṭiʿ fī Naẓm Jamʿ al-Jawāmiʿ, (Al-Qāhirah: Dār al-Kitāb
al-Islāmī, 2006), Vol. 1, p. 193-231.
10
jointly by ʿAbd al-ʿAzīz and ʿAbd Allāḥ. They also briefly discuss the methodology,
merits and importance of Jamʿ al-Jawāmiʿ.16
Interestingly even those who studied the super commentaries have also
provided few details on the original matn and its author. For example, ʿAbd Allāh al-
Mazam studied and edited a part of Isʿāf al-Maṭāliʿ, a commentary on al-Badr al-
Lāmiʿ, versification of Jamʿ al-Jawāmiʿ by Muḥammad Maḥfūẓ al-Tarmasī.17
The
first part of his work introduces these three works and their authors in four chapters;
the first of which is about al-Subkī and his work.
Nevertheless, all these works lack elaboration. Since these studies are not
directly on Jamʿ al-Jawāmiʿ, they are very brief and limited. Their main aim is to
introduce al-Subkī and provide a general overview of his work. Thus, they fail to give
a clear picture of al-Subkī’s 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, Aḥmad Ibrāhīm Ḥasan Ḥasanāt devotes his whole thesis to study
al-Subkī’s methodology in uṣūl al-fiqh by referring to all his four major uṣūlī works:
Rafʿ al-Ḥājib, al-Ibhāj, Jamʿ al-Jawāmiʿ and Manʿ al-Mawāniʿ.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 al-
Subkī’s uṣūlī methodology from his aforesaid works.
16
ʿAbd al-ʿAzīz and ʿAbd Allāh Rabīʿ, “Khuṭbah al-kitāb” in Badr al-Dīn Muḥammad ibn Bahādur al-
Zarkashī, Tashnīf al-Masāmiʿ bi Jamʿ al-Jawāmiʿ, (Al-Qāhirah: Maktab al-Qurṭubah, 2nd
edn., 2006),
Vol. 1, p. 15-24. 17
ʿAbd Allāh ibn ʿAlī al-Mazam, “Isʿāf al-Maṭāliʿ bi Sharḥ al-Badr al-Lāmiʿ Naẓm Jamʿ al-Jawāmiʿ
Ta’līf al-ʿAllāmah Muḥammad Maḥfūẓ ibn ʿAbd Allāh al-Tarmasī: Dirāsah wa Taḥqī (min awwalī
kitāb al-Qiyās ilā ākhirihi),” (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
Aḥmad Ibrāhīm Ḥasan al-Ḥasanāt, “Al-Imām Tāj al-Dīn al-Subkī wa Manhajuhu fī Uṣūl al-Fiqh,”
(Unpublished Master thesis, University of Jordan, Amman, 2002).
11
In the first chapter, he looks into the historical background of al-Subkī’s time,
the family of al-Subkī, his life and education, his scholarship, his intellectual
contribution, the positions he held among other things. He attributes 55 works to al-
Subkī 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 (mabāḥith). The details on Jamʿ al-Jawāmiʿ are in the third mabḥath
in which he explains the writing style of text, its importance and significance. He
partially discusses the sources of Jamʿ al-Jawāmiʿ 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-Subkī in his uṣūlī works. He
identifies ten issues. Four of them, i.e. his methodology in [a] quoting, [b] discussing
fiqhī 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 Jamʿ al-Jawāmiʿ in three
issues which are about his methodology in respect of [a] identifying the point of
difference (maḥall al-nizāʿ), [b] disputation (munāqashah) with and replies (rudūd) to
the opponents, and [c] recording the ḥadīth. These issues are discussed with reference
to his other uṣūlī works, as he does not feel their relevance to Jamʿ al-Jawāmiʿ. He
deals with Jamʿ al-Jawāmiʿ separately in respect of the remaining three methods of:
[a] mentioning the definitions, [b] recording the opinions, and [c] explaining
evidences and examples.
12
This shows that al-Subkī has a distinct methodology in Jamʿ al-Jawāmiʿ. 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-Subkī’s methodology in uṣūl al-fiqh
comprehensively. Accordingly, he builds a solid base for further studies on the
methodology of al-Subkī. Nevertheless, as a study on four of his work, Jamʿ al-
Jawāmiʿ is not the prime concern of the study.
At the same time, ʿAqīlah goes further and gives more details on different
aspects of the text as her thesis is directly on Jamʿ al-Jawāmiʿ.19
After providing
biographical account of al-Subkī, 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 mukhtaṣar and discussing the path that the author
follows therein. Further, she examines the sources by reproducing the list provided by
al-Subkī in his Rafʿ al-Ḥājib. 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 author’s 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.
Ṣāliḥ al-Zankī did further contributions to the study of al-Subkī’s methodology
by focusing on Jamʿ al-Jawāmiʿ separately. His work, Maʿālim al-Turāthī al-Uṣūlī20
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
ʿAqīlah Ḥusayn, “Jamʿ al-Jawāmiʿ fī ʿIlm Uṣūl al-Fiqh li ʿAbd al-Wahhāb ibn ʿAlī Tāj al-Dīn ibn
al-Subkī: Dirāsah wa Taḥqīq,” (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
Ṣāliḥ al-Zankī, Maʿālim al-Turāthī al-Uṣūlī: Kitāb Jamʿ al-Jawāmiʿ li al-Imām Ibn al-Subkī
Namūdhajan, (Kuala Lumpur: Dār al-Tajdīd, 2007).
13
contributions of al-Subkī along with a general idea about Jamʿ al-Jawāmiʿ. 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-Subkī in their contributions to Jamʿ al-Jawāmiʿ, 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-Subkī in Jamʿ al-Jawāmiʿ. He identifies ten methods, which are
special to al-Subkī. 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 Jamʿ al-Jawāmiʿ. 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-Maḥallī, one of the best commentators on Jamʿ al-
Jawāmiʿ. 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 Manʿ al-Mawāniʿ, written by the author
himself, in order to answer the criticisms by his colleagues.
In short, there are few studies on al-Subkī 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 ʿAqīlah Ḥusayn, Ibrāhīm Ḥasanāt
and Ṣāliḥ Zankī, however, present more details on al-Subkī’s 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
14
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 researcher’s 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 sharīʿah 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 Jamʿ al-Jawāmiʿ 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 uṣūl al-fiqh in general and on Jamʿ al-Jawāmiʿ in particular. For
better understanding of the text, the researcher will rely upon al-Subkī’s other works
as well as the major commentaries written, especially that by al-Maḥallī and al-
Zarkashī. Further references are made to the super commentaries by Ibn Qāsim, al-
Bannānī, al-ʿAṭṭār21
and the glosses by al-Sharbīnī. The study will follow the critical
approach to identify the merits and demerits of al-Subkī’s methodology in the text. It
will objectively trace the position of Jamʿ al-Jawāmiʿ in uṣūlī discourses. To study the
21
Ḥasan ibn Muḥammad ibn Maḥmūd al-ʿAṭṭār was born in 1190, Cairo. He became the Shaykh al-
Azhar in 1246. Khayr al-Dīn al-Ziriklī, Al-Aʿlām: Qāmūs Tarājim li Ashhur al-Rijāl wa al-Nisā’,
(Bayrūt: Dār al-Kututb al-ʿIlmiyyah, 1986), Vol. 2, p. 220.
15
methodology of al-Subkī, the present researcher made use of the available studies by
al-Zankī, Ibrāhīm and ʿAqīlah.
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 Jamʿ al-Jawāmiʿ 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 uṣūlī 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
uṣūl al-fiqh to the time of al-Subkī. 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 Jamʿ al-Jawāmiʿ.
Second Chapter looks into the biographical history and achievements of al-
Subkī. 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
16
milieu and religio-educational conditions of that period. After introducing the family
of al-Subkī, 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 author’s
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 Jamʿ al-Jawāmiʿ as a textbook for the
uṣūlī studies. It goes through the history of Jamʿ 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.
17
CHAPTER TWO
AL-SUBKĪ: 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 uṣūl 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-SUBKĪ
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-Subkī and his
Jamʿ al-Jawāmiʿ are not exceptions to this rule. Here the researcher would briefly
analyse the time of al-Subkī in its various aspects to understand the significance of his
works and their contributions. First, let us look into the environment in which al-Subkī
lived.
