Al Malibari
Books of Authority and their preference(Tarjih)& Mujthahids
in Shafi’i Madhhab:
(1) BOOKS
OF AUTHORITY:The main
aspect in the foundation of the Shafi’i Madhhab is the verdict of the al-Imām
Shafi’i (d.204.AH). The Ulamā and their books constitute the basis and source
of strength of the madhhab. The Ulamā explain and elaborate the original
verdict of the Imām and disseminate them while in the books are preserved the
authentic views of the madhhab , which are transmitted to a later generation.
Imām al-
ḥarāmain ‘Abd
al-Malik ibn ‘Abdullah al-Juwaynī (478 H) has gathered all four main fiqh books
of al-qawl al-jadīd (new verdict) of al-Imām al-Shāfi’ī (204 H) namely al-Umm,
al-Imla’, al-Mukhtaṣar by al-Imām al-Buwaiṭī
(231 H) and al-Mukhtaṣar by al-Imām al-Muzānī (264
H) in one book entitled Nihāyat al-Maṭlab.
This book of Imām al-ḥarāmain has been abridged
three times by his student, Hujjat al-Islām al-Imām al-Ghazālī (505 H). The
first abridgement is al-Basīt, al-Wasīt the second and finally al-Wajīz. Al-Imām
al-Rāfi’ī (623 H) summarized al-Wajīz and entitled it al-Muḥarrar. Al-Imām al-Rāfi’ī
also had writen a commentary of al-Wajiz in two books namely Sharh al-kabir or
Fath al-‘Aziz fi sharh al-Wajīz and Sharh al-ṣaghīr.
Al-Imām al-Nawawī (676 H) abridged Fath al-‘Aziz in his book, Rauḍat
al-ṭālibīn
wa ‘umdat al-muftiyyīn. This was later abridged by Ibn al-Muqrī (837 H) in Rauḍ
al-ṭalib
and Shaykh al-Islām Zakariyyā al-Anṣārī (925 H) compiled a
commentary on it, naming it Asna al-maṭālib sharh Rauḍ
al-ṭālib.
Beside ar-Rauḍ, Rauḍah al-ṭālibīn
also has been abridged by al-Imām Aḥmad ibn Umar al-Muzajjad
(930 H) in the book entitled, al-‘Ubab and al-Imām Ibn Ḥajar
al-Makkī prepared a commentary named al-Ī’āb sharh al-Ubāb. Al-Sharaf al-Muqrī ṣāḥib
al-Rauḍ
abridged it second time in a book entitled al-Irshād. A commentary on it was
prepared by al-Imām Ibn Ḥajar al-Makkī named Fath
al-jawād sharh al-Irshād. Al-Imām al-Nawawī had abridged al-Muharrar and
entitled it Minhāj al-ṭālibīn. It was thereafter
abridged by Shaykh al-Islām Zakariyyā al-Anṣārī in his book
Manhaj al-ṭullab and he authored a commentary on it namely
Fath al-Wahhāb bi sharḥ Manhaj al-ṭullab.
Al-Imām al-Jauharī abridged al-Manhaj and named it al-Nahj.
(2) Tarjī
ḥ (preference) in the Shafi’i
madhhab:
It rests upon the verdicts of
al-Shaykhayn; al-Imām al-Rāfi’ī and al-Imām al-Nawawī. This is the unanimous
view of muhaqqiqs (researchers) of the madhhab. If these two Imāms have a
difference opinion, the verdict of al-Imām al-Nawawī will be given preference over
the verdict of al-Imām al-Rafi’ī.
If the writings of al-Imām al-Nawawī differ, generally the the order of what
will be given preference to is (1) al-Tahqīq, (2)al-Majmū
ʿ, (3) al-Tanqīḥ, (4)
al-Rauḍah, (5) al-Minhāj and his fatāwā (legal verdicts), (7)
Sharh Muslim, and finally (8) Taṣḥīḥ al-Tanbīh and its nukāt (marginal note). The view on
which of his books are unanimous will be given preference over the view on
which only a few of his books are unanimous. The view discused under its
relevant chapter is given preference over that which is discussed in another
chapter. Al-Imām al-Subkī (d.756 .AH) mentioned regarding al-Minhaj of al-Imām
al-Nawawī, “In this era, this book is the most excellent book for students and
many scholars to understand the madhhab.”
There
are almost one hundred commentaries of the al-Minhāj. It has been abridged,
explained, annotated and compiled in the form of poetry. The four main
commentaries of al-Minhaj are
(1) Tuḥfat
al-muhtāj by al-Imām Aḥmad ibn Alī ibn Ḥajar al-Haytamī al-Makkī
(974 H),
(2) Nihāyat
al-muhtāj ilā sharh al-Minhāj by al-Imām Shams al-Dīn Muḥammad ibn Aḥmad ibn Hamzah al-Ramlī (1004 H),
(3) Mughnī al-muhtāj ilā ma’rifat al-ma’āni alfāẓ sharh al-Minhāj by al-Imām Shams
al-Dīn Muḥammad
ibn Aḥmad
al-Khāṭib al-Shirbīnī (977 H) and
(4) Kanz al-rāghibīn sharh Minhāj al-ṭālibīn by al-Imām Jalāl al-Dīn Muḥammad ibn Aḥmad al-Maḥallī
(864 H).
The above mentioned books hold an authoritative position in the madhhab. However,
if there is difference opinion, preference is given to al-Tuḥfah of al-Imām Ibn Ḥajar al-Haytamī and al-Nihayah of
al-Imām Shams al-Dīn al-Ramlī.
Thereafter, preference is given to Sharh al-ṣaghīr ‘alā al-Bahjah and then, Fath al-Wahhāb bi
sharh Manhaj al-ṭullāb
both by Shaykh al-Islām Zakariyyā al-Anṣārī.
Finally, preference is given to Sharh al-Imām al-Khāṭib al-Shirbīnī and Sharh al-Imām al-Maḥallī.
Among the books of
al-Imām Ibn
Ḥajar, the order of merit is al-Tuḥfah, Fatḥ al-Jawād, al-Imdād, the fatāwā (legal
opinions) and sharh al-‘Ubāb have the same merit, however, giving preference to
the commentary is better.
The order of merit among the ḥawāshī
(marginal notes) is ḥāshiyah
‘alā Sharh al-Manhaj by al-Imām’Alī al-Ziyādī (1024 H) then Ibn Qasim
al-‘Abbādī (994 H) on al-Tuḥfah, then
Shaykh ‘Umairah (957 H) marginal note on al-Maḥallī, then
the verdict of Shaykh Alī al-Shabramillisī (1087 H) on al-Nihāyah. Thereafter, Ḥāshiyah al-Halabī, al-Shaubarī, al-‘Anānī. Their
opinions are taken if they do not differ with the original standpoint.
[Adapted from:Safīnat al-najā’: Arabic and English. Sālim ibn ‘Abdullah
ibn Sa’d ibn Samīr al-Haḍramī
al-Shāfi’ī. ( The Ship of Salvation: A classic manual of Islāmic Doctrine and
Jurisprudence In Arabic with English text, commentary and appendices.Edited and
translated by: ‘Abdullah Muḥammad
al-Marbūqī al-Shāfi’ī. Shah Alam, Selangor.)]
Mujthahids in Shafi’i madhhab:
There are five levels of the rank of Mujtahid according to the Shafi'i madhhab.
#1_Mujtahid mutlaq (absolute), e.g. Imam al-Shafi'I (RA).
#2_ Mujtahid muntasib (affiliated jurist)
Imam Tajudheen Subki(rah) gives, e.g. Ibn Khuzaimah, Ibn Mundhir, Muhammad Ibn Jarir and Muhammad ibn Nasr, (Tabaqat al-Shafi'iyyah al-Kubra).
Hazrat Shah Waliyullah Dehlavi(Rah) wrote in his
'al-Insaf': "All the early disciples of Imam Safi'i (Rah) were independent
affiliated(sub) Mujthahids. None of them did blind Taqlid of Imam. The
rules of Taqlid and Taqreej based on it was formulated by Imam(Abul Abbas
Ahmed) Ibn Surayj(rah)(d.306.Baghdad) and his disciples followed in his
path. Therefore he was counted among the the Mujaddids prophesied in
Hadith"
[so al-Imām al-Buwaiṭī
(231 H) and al-Imām al-Muzānī (264 H) were such Independent but sub-mujthahids
of Shafi'i school.Imam Ibn Surayj(rah),is in #3 Mujtahid al-madhhab]
#3_Mujtahid al-madhhab, e.g. al-Anmati, al-Istikhri , Ibn Abi Hurairah, and al-Sairafi,Ibn Surayj /Imam Ghazali,Abu Ishaq Shirazi ,Imam al Haramayn(ra)etc
Iam Abu'l-Abbas Ibn Surayj was born in Baghdad in 249/863. According to al-Khatib al-Baghdadi (Tarikh 4:287) he began early to hear Hadith, but he's known best as a jurist, belonging to the Madhab of al-Shafi'i. al-Dhahabi (Siyar 14:275) says that he learnt Fiqh from Abu'l-Qasim al-Anmati (d.281/893), who is known as the ustadh (teacher) of Ibn Surayj. al-Anmati is said to have learnt the jurisprudence of al-Shafi'i, from the latter’s two famous students al-Rabi' and al-Muzani, in Egypt. Ibn Surayj learnt also from a certain Abu'l-Hasan al-Mundhiri, author of a book on Ijma', according to al-'Abbadi (Tabaqat 21:51), and one report says that he attended lectures by the great sufi al-Junayd al baghdadi(qs) (d.298/911) (al-Khatib, Tarikh7:243).
Imam Ibn Hajar al Hythami (rah) wrote in his 'Tuhfatul Muhtaj': "Imam ibn Surayj is included in Mujtahid al-madhhab. Imam Ibn Salah(rah) had written that Imam Ghazali,Imam al-Haramayn,and Imam Abu Ishaq al-Shirazi are also included in this category.Yet Ibn Rif'at had expressed them not to be. [Tuhfa vol.10.p109]
#4_Mujtahid al-fatwa wa al-tarjih, e.g. al-Mawardi, Abu Tayyib, al-Tabari, al-Ruyani, al-Rafi'i and An-Nawawi(rah)
#5_Al-Hafiz li l-madhhab and the Mufti.
Most of the later
scholars, like al-Imām Aḥmad ibn Alī ibn Ḥajar
al-Haytamī al-Makkī (974 H), al-Imām Shams
al-Dīn Muḥammad ibn Aḥmad ibn Hamzah al-Ramlī
(1004 H), al-Imām Shams al-Dīn Muḥammad ibn Aḥmad al-Khāṭib al-Shirbīnī (977 H) ,al-Imām Jalāl al-Dīn Muḥammad ibn Aḥmad al-Maḥallī
(864 H),al-Imam Jalāl al-Dīn as-Sutyuti(d.911
H),al-Imam Shakh Zainudheen Maqdum al
Malibari (d.998 H)etc
THE REASONS FOR VARIOUS POSITIONS
WITHIN ONE SCHOOL LEVELS OF SCHOLARS[ From Reliance,by Nuh Keller]
Salih Mu'adhdhin: To clarify the reason
for scholarly disagreement within one legal school,
we may say that scholars divide each school into various levels, the most important
of which
(N: after the Imam) may be characterized as follows:
1) the first level, composed of those qualified to do ijtihad (independent
legal reasoning) within
the school, deploying it according to the general methodological principles
established by
their Imams, and who transmit the words of the Imam, such scholars being called
colleagues,
including men like
Muzani;
2) the second level, composed of those qualified to do ijithad on particular
legal questions
that were not discussed by the Imam of the school, including such scholars as Imam
Ghazali;
3) the third level, composed of those qualified to do textual exegesis, and who
because of
their comprehensive mastery of the works of the school, specializing in
interpreting the
positions of their Imams that require details and explanation to be properly
understood, and in specifying the precise meaning of rulings which might otherwise be
understood equivocally; including such scholars as the Imam of the Two Sanctuaries,
Juwayni;
4) and the fourth level, which is composed of those qualified to weigh various
scholarlypositions and judge which is the soundest, evaluating their Imams' position in
terms of the
reliability of the narrators of the channels of transmission of the opinion
from the Imam, or
in terms of the understanding shown in treating particular legal questions; and
who may then say which is the stronger or more suitable position; this level including such
men as the Two
Sheikhs-
Rafi'i and Nawawi(rah).
In is apparent from the foregoing that scholarly differences may occur at each
of the levels;
in the deductions of the colleagues and their ijtihad within the general
methodological principles of the school, in judging one position of the Imam of the school to
be sounder
than another of his positions, or in judging one position's channel of
transmission to be sounder than another's; all of which take place according to the evidence
available to the
particular scholar and his understanding of the Imam's words.