لطفا منتظر باشید ...
1. Ahkam al‑Qur'an, by
Abmad ibn Mu'dhal (d. 240/854).
2. Ahkam al‑Qur'an, by
Muhammad ibn Abd Allah, known as Ibn alHakam (d. 268/881).
3. Ayat al‑'ahkam, by
Isma'iI ibn Ishaq al‑'Azdi (d. 282/895).
4. Ayat al‑ ahkam, by
al‑Qasim ibn Asbagh al‑Qurtubi al‑'Andalusi (d. 304/916).
5. Ahkam al‑Qur'an, by
Muhammad ibn Ahmad al‑Tamimi (d. 305/917).
6. Ahkam al‑Qur'an, by
Musa ibn Abd al‑Rahman, known as Qattan (d. 306/918).
7. Ahkam al‑Qur'an, by
Muhammad ibn al‑Qasim, known as Ibn al-Qurtubi (d. 355/966).
8. Ahkam al‑Qur'an, by
Ahmad ibn Ali, known as al‑Baghati (d. 401/1010).
9. Ayat al‑'ahkam, by
Muhammad ibn Abd Allah al‑Andalusi, known as Ibn al‑Arabi (d. 542 or 543/1147 or 1148).
10. Ahkam al‑Qur'an,
by Abd al‑Mun'im ibn Muhammad al‑'Andalusi al‑Gharnati
(d. 597/1200).
11. Ayat al‑ ahkam, by
Yahya ibn Sa'dun al‑'Azdi al‑'Andalusi (d. 670/ 1271).
12. Jami ahkam al‑Qur'an
al‑mubin, by Muhammad ibn Ahmad al'AnsAri al‑Khazraji(d. 671/1272).
Of course, there are other Maliki
works on the subject besides those mentioned.
E. Shafi'i Works on Fiqh al‑Qur'an.
Several Shafi'i ulama' have
attained fame for their compilations concerning fiqh al‑Qur'an. Some of
their works are noted below:
1. Ahkam al‑Qur'an, compiled
by Muhammad ibn Idris al‑Shafi'i, the leader of the Shafi'i school of
fiqh (d. 204/819).
2. Ahkam al‑Qur'an, by Ibrahim ibn Khalid, known as Abu Tur alKalbi
(d. 240/854).
3. Ayat al‑'ahkam, by Ahmad ibn al‑Husayn al‑Bayhaqi
(d. 458/1066).
4. Ayat al‑'ahkam, by 'Ali ibn Muhammad al‑Tabarsi (d.
504/1110).
5. An incomplete work by Ahmad
ibn 'Ali, known as Ibn Hajar alAsqalani (d. 852/1448).
6. Ahkam al‑Qur an, and Iklil fi istinbat al‑tanzil, by Abd al‑Rahman ibn Abi Bakr al‑Misri
(d. 911/1505).
7. Manar al‑'Islam fl sharh ayat al‑'ahkam, by Ahmad Zayni
Dahlin alHasani (d.1304/1886), Mufti of Makkah.
8. Ahkam al‑Qur'an by Ahmad ibn Yusuf Samin (d. 756/1355).
F. Hanbali Works on Fiqh al‑Qur'an:
Hanbali Ulama' have also greatly
contributed to this subject and compiled several treatises. Of their
compilations are:
1. Ayat al‑'ahkam, compiled
by Qadi Abu Ya'la al‑Kabir (d. 458/1066).
2. Ayat al‑'ahkam, by Muhammad Abu Bakr al‑Dimashqi al‑Raz'i,
known as Ibn Qayyim al‑Jawzi (d. 751/1350).
G. Zahiri Works on Fiqh al‑Qur'an.
Some ulama' of the Zahiri school
have as well written books on fiqh al‑Qur'an. Of their works are:
1. Ahkam al‑Qur an, compiled
by Dawud ibn 'Ali al‑Zahiri al‑'Isfahani (201‑270/816‑883).
2. Ahkam al‑Qur'an, by Abd Allah ibn Ahmad, known as Ibn al‑Muflis
(d.324/936) .
Among the above‑mentioned
works, the best, perhaps, are: Qala'id al‑durar
fi ayat al‑ ahkam bi al‑ athar by Ahmad ibn Isma'il al‑Jaza'iri
from the Shi'i ulama', and Ayat al‑'ahkam
by al‑Jassas Abu Bakr al‑Razi al‑Hanafi from among the
Sunni scholars. Nevertheless, some of the discussions in these works evidence
certain shortcomings. God‑willing, the salient features of these works
will be described later.
In concluding this section of the
article, it seems necessary to make a general observation concerning the
jurisprudential study of ayat al‑'ahkam.
The thinkers of the Islamic legal schools have focused their attention and
research largely on matters relating to ibadat
(rituals), in which no shortcoming is noticeable. The other areas inadequately
dealt with include: aradi (land), anfal (use of natural resources), jihad, qadawat (adjudication), hudud, qisas, tazirat, civil rights, economic and social
affairs, etc. It is to be hoped that the ulama' will fill this vacuum as early
as possible.
Legal Deduction from the
Qur'an:
The most authentic of all the
sources for identifying the Divine laws is the Holy Qur'an. With regard to this
fact, there is no difference of opinion whatever between Shi'i and Sunni
scholars. However, in making use of this great and everlasting source, it is
essential that one should have knowledge of certain prerequisite matters.
Without the knowledge of these prerequisites, an effort to infer ahkam from the Qur'an will neither be
productive nor indicative of correct judgement.
For properly inferring the Divine
ahkam from the Qur'an, there exist
certain criteria and standards, for the Qur'an has certainly entrusted mankind
with the framework for answering all the legal and legislative needs of man
until the Judgement's Day. Evidently, one cannot expect to find a detailed and
elaborate description of the ahkam in
some five hundred verses. Thus, in the Qur'anic verses we find mostly the
general basic principles, which are susceptible to the derivation of particular
laws. Furthermore, in many instances, it is possible to adjudge matters on the
basis of an all‑inclusive consideration of the Qur'anic statements of a
general or specific nature, as well as its nusus
and zawahir. For this very
reason, deduction of a hukrn from the
Qur'an requires expertise in usul and jurisprudential principles, and any
novice unfamiliar with the subtleties of the revelation can hardly be expected
to possess the power of deduction of the ahkam
of the Shari'ah from the Qur'an.
On the other hand, it is these
criteria and standards, as well as the degree of the understanding of scholars
of them, that have given rise to differences among the Islamic sects in regard
to the deduction of the ahkam.
Amir al‑Mu'minin Ali (A)
has given a statement in this regard. He says:
On this basis, the inference of
the Divine ahkam, the laws of the
Shari'ah, and Islamic values presuppose sufficient knowledge of these kind of
subtleties, nuances, specifics and particulars required for investigation and
research into the meaning and significance of the Qur'anic verses. It is
obvious that the different categories mentioned in the above narrations are to
be found in the Qur'an, and each of them calls for meticulous and intensive
study and investigation.
In this article, however, we will
confine our discussion to only some aspects of the verses, zawahir al‑Qur'an, muhkamat and mutashabihat, the takhsis (limitation)
of the general statements of the Qur'an by khabar
al‑wahid, and some
other issues.
The Authority of Zawahhir al‑Qur'an:
That zawahir (literal meanings) of the Qur'an have authority (hujjiyyah), in that laws can be deduced
from the same, is something to be recognized at the outset.
The Akhbhris did not consider the
zawahir of the Qur'an as a valid
basis for action for anyone except the contemporaries of the Holy Prophet (S).
They exclude even those who were not present during the period of revelation in
Madinah. They believed that the zawahir had
authority only for those whom the Qur'an was orally addressed to.
They held the conviction that the
Qur'an is unlike other scientific books, whose authors generally do not have
any specific audience in their minds, having only the exposition of their ideas
in view. On the contrary, the Qur'an involves particular addressees to whom it
speaks (elsewhere we have discussed the invalidity of this view and given
answers to some of the doubts raised by the Akhbaris).
The Usulis on their own part have
advanced elaborate arguments upholding the validity of the Qur'anic zawahir.
Muhkamat and Mutashabihat:
The Qur'an itself expressly
states that its verses are divisible into two groups: muhkamat and mutashabihat
(3:7). Since the faqih has to deal with both the kinds in the process of istinbat (legal deduction), it is
necessary to discuss even if in passing the nature of the two.
The term muhkam' is derived from ihkam',
signifying something that is stable, and firmly established and is not
vulnerable. Accordingly, the muhkamat are
verses which are clear and firm, easy to understand without requiring any
special investigation and research.
