Some Lessons from Jurisprudence (Fiqh)



Shaykh Mufid. His name was Muhammad ibn Muhammad ibn Naman. He was both a mutakalam (theologian) and a jurisprudent. Ibn Nadim, in the section of his book Fihrist in which he discusses Shi'ite mutakalamin, calls him "ibn Mu'alim" and praises him. Born in 336 A.H. he passed away in 413. His famous book in jurisprudence, Muqna'ah, is still used today.

The son-in law of Shaykh Mufid, Abu Y'ala J'afari, tells us that Shaykh Mufid slept little at night, and spent the rest in worship, study and teaching or reciting the Quran.

Seyyid Morteza, known as 'Alam ul Huda, born 355 A.H. and passed away in 436 A.H. Allamah Hilli has called him the teacher of the Shi'ites of the Imams. He was a master of ethics, theology and jurisprudence. His views on jurisprudence are still studied by the jurisprudents of today. He and his brother, Seyyid Razi the compiler of the Nahj ul-balagha, both studied under Shaykh Mufid. 

Lesson Three: Brief History of Jurisprudence and JurisPrudents. (2)

Shaykh Abu J 'afar Tusi, one of the shining stars of the Islamic world, wrote many books on jurisprudence and the principles of jurisprudence, Traditions, commentaries, theology and the transmittors. Originally from Khorasan (in east Iran), he was born in 385 A.H. and after twenty-two years emigrated to Baghdad which in those days was the great centre of Islamic studies and culture. He stayed in Iraq the rest of his life and after the demise of his teacher, Seyyid Morteza, the directorship of learning and the station of highest reference for verdicts (fatwas) was transferred to him.

Shaykh Tusi remained for twelve more years in Baghdad but then, due to a series of disturbances in which his house and library were ravaged, he left for Najaf where he formed the famous scholastic centre which still exists today. There, in the year 460 A.H., he passed away.

One of the books which were compiled about jurisprudence by Shaykh Tusi was called An-Nahayeh, and was used as a textbook for religious students. Another, Masbut, brought jurisprudence into a new stage and was the most famous Shi'ite book of jurisprudence of its time. In Khelaf, another of his books, he wrote about both the views of the jurisprudents of the Sunni schools and also those of the Shi'ite jurisprudents. He also wrote other books about jurisprudence, and, until about a century ago, whenever the name Shaykh was mentioned the man meant was Shaykh Tusi, and by Shaykhayn was meant Shaykh Tusi and Shaykh Mufid. According to what has been related in some books, it seems the daughters of Shaykh Tusi were also distinguished faqihat. [1]

Ibn Idris Hilli, one of the distinguished Shi'ite 'ulema. He himself was an Arab though Shaykh Tusi is counted as having been his maternal grandfather. He is known for the freedom of his thought; he broke the awe and reverence of his grandfather Shaykh Tusi and his criticisms of the jurisprudents bordered on impertinence. He died in 598 A.H. at the age of fifty-five.

Shaykh Abul-Qasim J 'afar ibn Hasan ibn Yahya ibn Sa'id Hilli, known as Muhaqqeq Hilli. Author of many books about jurisprudence, amongst them: Sharay'e, Ma'arej, Al-Mukhtasar an-naf'i and many others. He was the student of ibn Idris Hilli, and the teacher of Allamah Hilli who we are to speak about. In jurisprudence he has no superior. Whenever in the terms of jurisprudence the word muhaqqiq is used it refers to him. Great philosophers and mathematicians used to meet with him and used to sit in his lessons of jurisprudence. The books of Muhaqqiq, especially the book Sharay'i, has been a textbook for students and still is, while his books have been subject to the commentaries of many other jurisprudents.

Ibn Hasan ibn Yusef ibn Ali ibn Mutahhar Hilli, famous as Allamah Hilli, one of the prodegies of the age. Books have been written by him about jurisprudence, principles, theology, logic, philosophy, transmittors and still other things. Around a hundred of his books have been recognised, some of which, I like Tathkurat ul-fuqaha are alone enough to indicate his genius. Allamah wrote many books on jurisprudence which have mostly, like the books of Muhaqqiq, been commented on by the jurisprudents who succeeded him. His famous books on jurisprudence include Irshad, Tabsaratol Muta'alemin, Qawa'id, Tahrir, Tathhorat-ul-fuqaha, Mukhtalif ash-shia' and Mutaha. He studied under various teachers: jurisprudence under his paternal uncle, Muhaqqiq Hilli, philosophy under Khawajeh Nasir ud-Din Tusi, and Sunni jurisprudence under the 'ulema of the Sunnis. He was born in the year 648 A.H. and passed away in 726 A.H.



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