The Evolution of al-Qāḍī al-Nuʿmān’s Theory of Ismaili
Jurisprudence as Reflected in the Chronology of his
Works on Jurisprudence
Ismail K. Poonawala*
Shiʿi Ismaili law, codified by al-Qāḍī al-Nuʿmān (hereafter referred to as Nuʿmān) in
his enduring work Daʿāʾim al-Islām (The Pillars of Islam) with the approval of the
fourth Fatimid Imam-caliph al-Muʿizz li-Dīn Allāh, is almost a millennium old.1
Ever since its promulgation, most probably in /,2 as the official code of the
Fatimid empire, the Daʿāʾim has reigned supreme, particularly with the Mustaʿlī-
Ṭayyibī Ismailis of Yemen and the Indian subcontinent after the fall of the Fatimids
in Egypt in /. However, this centuries-old law has not met the necessities of
modern life for the Ismaili communities of the Dāudīs, Sulaymānīs and ʿAlawīs who
follow this school of Islamic jurisprudence. Those advocating the status quo (main-
taining the traditional system), notably the conservative religious establishments of
all the three above-mentioned communities, have had little to offer in terms of a
constructive legal reform which might adapt Ismaili law as formulated by its
founder, al-Qāḍī al-Nuʿmān, to the modern conditions of life. For example, the
religious authorities have buried their heads in the sand regarding family law, once
considered the most sacred aspect of Islamic law, and which has undergone modifi-
*
I would like to thank Hamid Haji for resetting the entire chapter with elegant Arabic
font. He very kindly and carefully read the first set of proofs.
1 For Nuʿmān’s life and works, see Ismail K. Poonawala, Biobibliography of Ismāʿīlī
Literature (Malibu, CA, ), pp. –; al-Qāḍī al-Nuʿmān, Daʿāʾim al-Islām, ed. Asaf A. A.
Fyzee (Cairo, –); tr. Asaf A. A. Fyzee, completely revised and annotated by Ismail K.
Poonawala, The Pillars of Islam, vol. : Acts of Devotion and Religious Observances; vol. :
Laws Pertaining to Human Intercourse (New Delhi, –). All references to the Daʿāʾim
are hereafter given to its translation because it is fully annotated. All English translations from
Nuʿmān’s works, unless stated otherwise, are by me.
2 There is no textual evidence to determine the exact date of its composition; however, I
have argued my case on the basis of chronology of Nuʿmān’s works and other corroborative
evidences. See Ismail K. Poonawala, ‘al-Qāḍī al-Nuʿmān and Ismaʿili Jurisprudence’, in Farhad
Daftary, ed., Mediaeval Ismaʿili History and Thought (Cambridge, ), p. .
The Study of Shiʿi Islam
cations in all Muslim countries except India.3 In a previous work of mine, I have
suggested that the entire structure of family law, including the law of Personal
Status, needs to be reconsidered leaving aside the whole theory of law in itself.4
The structure of the Daʿāʾim and Nuʿmān’s discussion of the fundamental
principles of Ismaili law evolved for an extensive period of time, particularly after
his profound scrutiny of a vast collection of legal traditions. Before he undertook
the compilation of the Daʿāʾim, Nuʿmān already had several legal works to his
credit. Moreover, he had acquired first-hand experience of interpreting textual
evidence and its application, initially in the capacity of a provincial judge and then
as the supreme qāḍī of the Fatimid empire.5 He had also written a number of
refutations, including the three founding figures of the major Sunni schools of law,
Abū Ḥanīfa, Mālik and Shāfiʿī. The Daʿāʾim, compiled at the height of his career and
with the blessing and supervision of the Imam al-Muʿizz li-Dīn Allāh, demonstrates
the mature legal reasoning of Nuʿmān.6
Therefore, the following pages are first devoted to the elucidation of Nuʿmān’s
theory of Ismaili jurisprudence as reflected in the chronology of his legal works and
then to the examination of his major polemical work entitled Kitāb ikhtilāf uṣūl al-
madhāhib (The Book of Disagreement about the Positive Laws in Various Schools
of Jurisprudence; henceforth referred to as Ikhtilāf),7 which was compiled before the
Daʿāʾim. It is the opinion of this author that the Ikhtilāf has not received sufficient
3 For example, see Norman Anderson, Law Reform in the Muslim World (London,
), pp. –.
4 See Ismail K. Poonawala, ‘The Reform Movement in the Context of Islam Globally’;
keynote address delivered at the United Reformist Dawoodi Bohra Conference held in
Daventry, England, July– August , Conference Report, pp. –.
5 Nuʿmān was first appointed as a qāḍī of Tripoli by the third Fatimid Imam-caliph al-
Manṣūr (r. –/–) soon after his accession to the caliphate in /. In /
when the caliph moved his capital to the new city of al-Manṣūriyya, he promoted Nuʿmān as
the supreme qāḍī of the Fatimid domain. Al-Qāḍī al-Nuʿmān, Kitāb al-majālis waʾl-musā-
yarāt, ed. al-Ḥabīb al-Fiqī, et al. (Tunis, ), pp. , , , –; Poonawala, ‘al-Qāḍī al-
Nuʿmān and Ismaʿili Jurisprudence’, p. .
6 For the description of the circumstances under which the caliph al-Muʿizz li-Dīn Allāh
asked Nuʿmān to compile the Daʿāʾim, see Poonawala, ‘al-Qāḍī al-Nuʿmān and Ismaʿili
Jurisprudence’, p. .
7 It is referred to hereafter as the Ikhtilāf. The term uṣūl in the title does not imply uṣūl
al-fiqh as it came to indicate later on. In his article ‘Was al-Shāfiʿī the Master Architect of
Islamic Jurisprudence?’, IJMES, (), pp. ff., Wael Hallaq has convincingly argued
that the term uṣūl had a wide range of application during the early centuries of Islam until the
middle of the th/th century. Referring to the above-mentioned work of Nuʿmān, Hallaq
states: ‘And in his refutation of the uṣūl principles of Sunni juristic thought, al-Qāḍī al-
Nuʿmān, writing around the middle of the th century, confirms the data provided by the
biobibliographical sources.’ See also Wael Hallaq, The Origins and Evolution of Islamic Law
(Cambridge, ), pp. –; he states that by the middle of the th/th century, an
elaborate and comprehensive theory of uṣūl had emerged. For the meaning of madhhab/s and
the formation of legal schools see, Hallaq, Origins, pp. ff., and his A History of Islamic
Legal Theories: An Introduction to Sunnī Uṣūl al-Fiqh (Cambridge, ), chap. .
The Evolution of al-Qāḍī al-Nuʿmān’s Theory
attention from contemporary students of Ismaili law.8 An analysis of the evolution
of Nuʿmān’s legal thought and the encouragement he received from his patron al-
Muʿizz is essential for an understanding of Ismaili law. At the same time, its scrutiny
will reveal the challenging task faced by the later generations of Ismaili thinkers and
jurists, especially after the disappearance of the st Imam al-Ṭayyib b. al-Āmir
around /, of modifying any aspect of the law, either minor or major, in the
absence of the Imam.9 It should be noted that the Ismaili case is slightly different
than the Twelver Imāmī. For the Mustaʿlī-Ṭayyibīs, their law fully developed before
the disappearance of their Imam, while the situation was the opposite for the
Imāmīs whose law developed and blossomed after the disappearance of the twelfth
Imam in /.
Before proceeding further, it is necessary to indicate that I have dealt with the
question of the authenticity of Nuʿmān’s works and their sources elsewhere.10 I have
also addressed the related issue of the chronology of his more than works in a
separate but yet to be published study.11 Therefore, I will only briefly review the
chronology of Nuʿmān’s surviving legal works, published and unpublished.12 This
will help us in not only understanding the evolution of Nuʿmān’s legal thinking but
will also assist us in situating the Ikhtilāf within the chronology of his juridical
works.
Let us begin with his first major work Kitāb al-īḍāḥ. It was a very large collection
of legal traditions that Nuʿmān undertook with the blessings of the first Fatimid
Imam-caliph al-Mahdī and completed it during his reign. Although the whole book,
or a major part of it, was still available during the th century in India, it was
considered lost by the following century according to al-Majdūʿ (d. ca.
/).13 In his Fihrist, a bibliography of Ismaili works, al-Majdūʿ states that
except for a small portion from the beginning of the chapter on ritual prayer, the
book in its entirety could not to be found in the daʿwa collection.14 Kitāb al-īḍāḥ
8 It is edited by [Shamʿūn] Ṭayyib ʿAlī Lokhandwalla (Simla, ) with a long introduc-
tion in English, which is a revised version of his dissertation written under the supervision of
Joseph Schacht. Unfortunately, most Western scholars are unaware of this edition and still use
the one edited by Muṣṭafā Ghālib (Beirut, ), which is unreliable.
9 For the split within the Ismaili community after the assassination of the Fatimid
Imam-caliph al-Āmir, see Farhad Daftary, The Ismāʿīlīs: Their History and Doctrines (nd ed.,
Cambridge, ), pp. ff.
10 Ismail K. Poonawala, ‘Sources for al-Qāḍī al-Nuʿmān’s Works and their Authenticity’,
in Bruce Craig, ed., Ismaili and Fatimid Studies in Honor of Paul E. Walker (Chicago, ),
pp. –.
11 Poonawala, ‘The Chronology of al-Qāḍī al-Nuʿmān’s Works’, unpublished study.
12 I have dealt with the chronology of Nuʿmān’s legal works in my work ‘al-Qāḍī al-
Nuʿmān and Ismaʿili Jurisprudence’, pp. –.
13 For his life and works, see Poonawala, Biobibliography of Ismāʿīlī Literature, pp. –
.
14 Ismāʿīl b. ʿAbd al-Rasūl al-Majdūʿ, Fahrasat al-kutub waʾl-rasāʾil, ed. ʿAlī Naqī
Munzavī (Tehran, ), p. . He states:
S%F ERQP%$ )(', O!NM L: K2: -9J9%$ IGHF E;DC%$ BA$@? 1> =;<;: -98 (76) 5(432%$ 10(/%$ .-,+ *#%$ )('&%$ $#"!
The Study of Shiʿi Islam
constituted a comprehensive collection of legal traditions that was classified and
arranged into legal topics like other collections of ḥadīth books. Referring to it in
the introduction of his Kitāb al-iqtiṣār Nuʿmān states:
I scrutinised various books [of traditions] transmitted on the authority of Ahl al-
bayt with regard to what is lawful and unlawful in the established practices,
juridical decisions and formal legal opinions. These books included those works
that were accessible to me by way of samāʿ,15 or munāwala,16 or what I was able to
obtain either through the ijāza17 or the ṣaḥīfa.18 The traditions ascribed to Ahl al-
bayt varied from [being described as] mashhūr,19 to maʿrūf20 to maʾthūr.21 I
further observed that the transmitters either agreed or disagreed about most of
the traditions. Again [I found that] most of those traditions were [not arranged in
a more manageable form of] either mulakhkhaṣ or muṣannaf [according to the
.ERQP%$ )(', 12DM U.-T,M
The extant part is edited by Muḥammad Kāẓim Raḥmatī in Mīrāth-i Ḥadīth-i Shīʿa, ed.
Mahdī Mihrīzī and ʿAlī Ṣadrāyī Khūyi (Qumm, Sh.), vol. , pp. –. W. Madelung’s
article, ‘The Sources of Ismāʿīlī Law’, JNES, (), is based on this extant section.
However, Madelung’s contention that Nuʿmān probably was a Sunni and never received
formal training in Shiʿi ḥadīth and fiqh is incorrect. See Poonawala, ‘al-Qāḍī al-Nuʿmān and
Ismaʿili Jurisprudence’; and Poonawala, ‘al-Qāḍī al-Nuʿmān and His Refutation of Ibn
Qutayba’, in Omar Alí-de-Unzaga, ed., Fortresses of the Intellect: Ismaili and other Islamic
Studies in Honour of Farhad Daftary (London, ), p. .
15 Samāʿ constitutes ‘hearing’, and ‘that which is heard’ directly from a teacher. As a term
in Islamic eduction it means a ‘certificate of hearing, authorisation or licence’ to transmit
from a teacher. Rudolph Sellheim, ‘Samāʿ’, EI, vol. , p. .
16 Munāwala means that a transmitter of Prophetic traditions who has collected those
traditions hands over his collection/book to his student with permission to transmit. The
munāwala (i.e., handing over the book) is considered a superior method of transmission to
that of ijāza. Zamakhsharī, Asās al-balāgha: Muʿjam fi’l-lugha waʾl-balāgha (Beirut, ), s.v.
n-w-l.
17 Ijāza constitutes authorisation or licence. It means that an authorised guarantor of a
text or of a whole book (whether it is his own work, or a work received through a chain of
transmitters going back to the author) gives a person the authorisation to transmit it. George
Vajda, ‘Idjāza’, EI, vol. , p. .
18 Ṣaḥīfa literally means a plaque or a leaf on which either fragments of the Qurʾan or the
ḥadīth are written. Ameur Ghédira, ‘Ṣaḥīfa’, EI, vol. , p. ; Muḥammad Zubayr Ṣiddīqī,
Ḥadīth Literature: Its Origins, Development, Special Features and Criticism (Calcutta, ), p.
; Mohammad Mustafa Azmi, Studies in Early Ḥadīth Literature: With a Critical Edition of
Some Early Texts (Beirut, ), pp. –.
19 Mashhūr (widespread, widely accepted, well known) is a tradition with more than two
transmitters, some such being ṣaḥīḥ and others not. A large number of traditions belong to
this category, and they are the foundations of jurisprudence. Ṣiddīqī, Ḥadīth Literature, pp.
–; James Robson, ‘Ḥadīth’, EI, vol. , p. ; Hallaq, History, p. .
20 Maʿrūf (acknowledged) is applied to a weak tradition confirmed by another weak one,
or it is a tradition superior in matn or isnād to one called munkar (ignored). James Robson,
‘Ḥadīth’, EI, vol. , p. .
21 Maʾthūr means transmitted tradition.
The Evolution of al-Qāḍī al-Nuʿmān’s Theory
topic], hence uncertainty [about their authenticity] multiplied among a great
majority of people and many of them, who were not well versed in [religious]
learning, considered those traditions unsound.
Hence, I thought it proper to collect those traditions, arrange them according to
the topics [of law], and compile them into a book as handed down by the trans-
mitters. I have entitled it Kitāb al-īḍāḥ (Book of Elucidation), because in it I have
elucidated the issues [dealt with in those traditions] and have expanded the
chapters [on various topics]. In it I have also indicated [the subjects] on which the
transmitters agreed and [other matters about] which they disagreed, without
transgressing the bounds of their statements. And I have expounded what has
been the firmly established [practices that I have discerned] in those traditions
with decisive proofs and clear demonstrations. Thus, [the size of] the book
reached roughly around , folios.22
Subsequently, Nuʿmān made a number of abridgements but only two have survived.
The first is Kitāb al-akhbār (or al-ikhbār),23 which was completed during the reign
of al-Mahdī, and the second is Kitāb al-iqtiṣār, completed during the reign of the
second Fatimid Imam-caliph al-Qāʾim. The former has yet to be edited while the
second has already been published as stated above (see n. ). Referring to both
abridgements, Nuʿmān states in the introduction of Kitāb al-iqtiṣār:
Then I abridged from it [i.e., Kitāb al-īḍāḥ] a book, which I entitled Kitāb al-
akhbār/ikhbār [The Book of Traditions] wherein I related the traditions about
which the transmitters agreed and disagreed with regard to the principles for
[issuing] legal opinions. I approximated the meanings [of those traditions] by
discarding, in general, the furūʿ (positive rules derived from the uṣūl), asānīd (the
22 Nuʿmān, Kitāb al-iqtiṣār, ed. Muḥammad Waḥīd Mīrzā (Damascus, ), pp. –.
Nuʿmān states:
!M UB%!(2: !M Ul(4k L: 1% 5(, (4j: ih9eD Keg%$ f$;ed ^9c%$ b"M LD BaV!-4%$ `'&%$ 1> ^ _ ][\PZ 1AYX> UC3W (:VM
1> (9'[%$ bx(J:! w(&vuG$! L2J%$ 1> 6;ts4%$! r!-34%$! 6;hq4%$ L: ih9%F (h2: `J2ap (: o: B[9]d !M UEn(<XW KZm#?M
(h9> fÄ -T&> .{2P: IG! ~| } e: -98 .-T,M! UK9eD $;34<M (: K2:! K9> Em$!-%$ {e'?$ Cz (h2: $y-9T, ^
_ aM-> .w$-]%$! ORQ]%$
.B4h'%$ On(2: 1> ie3%$ 1> oJ'Éa i% L4j: ih2: -9T, KÇ%@AM! UBhcq%$ Å(2%$ -T,M SeD
_ ÑJW! Kex(J: K9> ^
^ _ ]0!M Uâ(àaáG$ )(', K'Ü94jk )(', 1> Em$!-%$ KÇZ=ÖM (: SeD K[9%sZ! KÑJW! K[92PZ! KÇ34< ^ _ aM->
bxIGC%(W ç%+ L: ^W(T%$ ^_ 29åW! .ih%;z CãDM i% U(29%F Em$!-%$ .$=ÖM (: SeD K9> $;[e'?$ (:! K9eD $;34<M (: f ä -,+! KW$;WM
.Bz6! rIGê BtRQt è("n éec> .L9"$-c%$!
Keg%$ è(ï 5F C<;9> UO@îA (4j: K9%F ì(']a (: o94< SeD RíQ4'q: 5;&9% K%;dM oa-[Z b:VëM *-4D 1> Keg%$ C\: 5F (AM!
.S%(3Z
23 Only the first volume of this work is extant. Poonawala, Biobibliography of Ismāʿīlī
Literature, p. .
The Study of Shiʿi Islam
chains of authority), and al-ḥujaj (arguments in favour or against). Consequently,
[the size of the book] came close to folios.24
Traditions collected by Nuʿmān in this book contain conflicting doctrines on certain
issues of law. However, in such cases Nuʿmān puts forth his own preference for what
he considered to be the correct and reliable tradition.25 The Akhbār/Ikhbār was
followed by al-Iqtiṣār. Nuʿmān states:
Then I deemed appropriate, may God grant success [to my efforts], that I should
confine myself to [collecting only those traditions] about which there is a firm
agreement among the transmitters or about which they have strongly disagreed.
[This book should be] precise to facilitate its understanding and to make it easier
[to handle and remember]. Thus, I have collected [those traditions] in this book
and entitled it Kitāb al-iqtiṣār (The Digest). It is to be hoped, God willing, that
those who would confine themselves to it [only] will find it sufficient [for their
needs], when God, the High and Exalted, would guide them to its [proper]
understanding.26
Kitāb al-iqtiṣār was followed by al-Muntakhaba, also called al-Urjūza al-muntakha-
ba, a versified version of jurisprudence and easy to memorise. It was composed
during the reign of the second Fatimid Imam-caliph al-Qāʾim.27 It appears that
during the reign of the third Fatimid Imam-caliph al-Manṣūr (r. /–/),
Nuʿmān was occupied with the administration of justice and wrote on other
subjects, such as history and biographies. Thus, after a period of several years came
Kitāb al-ikhtiṣār which was completed around /–. Its full title is Kitāb al-
ikhtiṣār li-ṣaḥīḥ al-āthār ʿan al-aʾimma al-aṭhār, or Mukhtaṣar (or Ikhtiṣār) al-āthār
fīmā ruwiyā ʿan al-aʾimma al-aṭhār (The Compendium of Sound Tradition Trans-
24 Nuʿmān, Kitāb al-iqtiṣār, p. ; he states:
_ W-åz! U(9'[%$ O;dM L: K9> $;[e'?$! K9eD mE$!-%$ o4<M (4jD K9> f
^ ä -c?M U6(c?áG$ )(', K'Ü94jk (ñW(', K2: f
ä =-å< it
.Bz6! Bx(: ôRQt ;]A 1> o4'<(> .òó]%$! C9A(kuG$! l!-[%$ B:V(D â-ÑW K9A(3:
25 The first volume contains the following seven chapters: Purity, ablution, prayer, poor-
tax, fasting, pilgrimage and jihād. The manuscripts I was able to examine are without the
author’s introduction. It is difficult to state whether the introduction was deliberately
removed or that the manuscript copy, from which the later copies were transcribed, was
defective.
26 Nuʿmān, Kitāb al-iqtiṣār, p. ; he states:
K[9[|Z! Kca-/'% O;/%$ L: b4ó4W K9> $;[e'?$! K9eD $;34<M (4j: ^W(T%$ SeD -P'zM 5M U1/9>;Z Keg%(W! U^ _ aM6 it
@D Keg%$ K/>ö! $+F Ba([, K9eD -P'z$ L4% Keg%$ è(ï 5F K9>! U6(P'zIG$ )(', K'Ü94jk! )('&%$ $#" 1> ç%+ ^
_ 34ó> .Ke9hJZ!
.K4h[% bõ<!
27 Referring to it Nuʿmān states in Kitāb al-iqtiṣār, p. :
L:ù ie3%$ SeD L93a Keg%$! .(hú[v =$6M L4% (h'Üc|'A$ UBc|'24%$ (h'Ü94jk EC9Pz 1> (ñ<!=@: $y@<6 (ñA!n;: (ñàaM K'Ü4úA Cz!
.S%(3Z Keg%$ è(ï 5F KW b43e% K/>ö;a! KceÑ% .Ç$C"
See Appendix I for its reference in al-Muntakhaba.
The Evolution of al-Qāḍī al-Nuʿmān’s Theory
mitted from the Pure Imams).28 Explaining the reason for its compilation in his al-
Majālis waʾl-musāyarāt, Nuʿmān states:
Some judges, governors and students asked me to compile a concise book, which
contains the statements of the family of the Prophet [on the points of legal issues]
approximating their teachings and is easy to handle and memorise. So, I began to
work on it and anticipated that when it was completed [its size would be such
that] it would be transcribed for a dīnār or less for those who wanted to have a
copy. Hence, I entitled it Kitāb al-dīnār (Book for One Dīnār) and explained the
[reason for its title] in the introduction. Whatever portion [of it] I had completed
I presented it to al-Muʿizz and requested from him that I should read it to him so
that it would be [identical to its direct] transmission from him.29
Therefore, Nuʿmān wrote a note to al-Muʿizz and sent it with the portion of the
book that he had already completed. Al-Muʿizz, in turn, replied to Nuʿmān’s request
with a note in his own hand, written on the back of Nuʿmān’s note, with the follow-
ing message:
In the name of God, the Merciful and Compassionate. May God preserve you, O
Nuʿmān! I became interested in the book and leafed through it. What filled me
with [pleasure and] admiration are the soundness of the traditions [you have
related] and the brevity of its style. However, there are some [technical] terms in it
which many of our friends would have difficulty in understanding, so explain
those terms in a way that they can [easily] understand them … and entitle it Kitāb
al-ikhtiṣār li-ṣaḥīḥ al-āthār ʿan al-aʾimmat al-aṭhār. The reason for [suggesting
this title] is that it corresponds more [with its contents] than the [title] Kitāb al-
dīnār [you had given]. Moreover, it contains the learning of God’s Friends [i.e.,
the Imams], which all human beings ought to seek in earnest…30
28 The extant copies of al-Ikhtiṣār are in the recension of Nuʿmān’s grandson Ḥusayn b.
ʿAlī b. al-Nuʿmān. In the first ijāza given by al-Nuʿmān to his son ʿAlī for transmission of the
text, the latter states that he had read the book with his father in /–. Hence it
implies that al-Ikhtiṣār was completed either in that year or a little earlier. The second ijāza
written by Ḥusayn b. ʿAlī states that the permission for its transmission was given to him by
the Imam-caliph al-Ḥākim. For the texts of both ijāzas, see Appendix II.
29 Nuʿmān, Kitāb al-majālis, pp. –; he states:
UKú[v bhJa! .(23: )-å/a Uih% (oed) ^9c%$ b"M O;z L: -P'|: )(', °JW BceÑ%$! w(&†]%$! E(à/%$ û ü 3W 12%sk!
)(', K'Ü94jk! .KA!= (4> 6(2aCW K?(J'A$ Ca-a L: SeD w(z b4, $+F )('&%$ 5\M f ä 6C\z! UK2: (ñ§9ï f
ä MC'W(> .K'A£: {
¢ |Z!
KD(4k! UK9eD KZè$-z K'Ü%sk! K9> K'Ü3%(•! U(oed) @34%$ S%F K2: KZmMC'W$ (: ^
_ 3>6! UKv(''>$ °JW 1> ç%+ f ä -,+! U6(2aC%$
.K% ç%+ (h9> fä -,+ B¶3z6 K9%F K2: K'Ü3>6 (: o: ^
_ c',! .K2D $y6;ts: 5;&9% K2:
30 Ibid., pp. –; it reads:
:("-h© 1> Kц|W K9eD Keg%$ f$;ed 1®%F ozß;>
Ba$!-%$ B]
´ d L: K9> 12cóDM (: ^
_ aM-> UK'Ü][\PZ! )('&%$ SeD ^
_ [z! U5(43A (a Keg%$ çA(d .i9v-%$ L4™v-%$ Keg%$ ik(W
1> *;'J9> Uih:(h>M L: )-/a (4W (hv≠-ï(> U(h'Ü>-3: (2x(9%!M L: -9T, SeD ¨('3Z f(4e, K9> Lj&%! U6(P'?IG$ E=;<!
The Study of Shiʿi Islam
Al-Muʿizz permitted Nuʿmān to relate the entire book on his authority and that of
his forefathers.31 Hence, compared to his earlier works, such as al-Īḍāḥ and some of
it abridgements, in this work Nuʿmān gives the isnād of every tradition at the
highest point of its transmission authority. For example, qāla rasūl Allāh (the
Prophet said), ʿan ʿAlī (from ʿAlī), or qāla Abū Jaʿfar Muḥammad (i.e., al-Bāqir said),
or ruwīnā ʿan ahl al-bayt (it has been narrated to us from the family of the Prophet).
Therefore, the Ikhtiṣār enjoys the same prestige as the Daʿāʾim as an authoritative
source for Ismaili law.
I have elaborated elsewhere that the Ikhtiṣār was a major step forward in the
direction of codification of Ismaili law by Nuʿmān.32 A major change in the latter
work relates to the fact that all the previous legal works commence with a chapter on
ritual purity, but the Ikhtiṣār begins with a chapter on knowledge (ʿilm) and a
discussion about the most authoritative and sound fountainhead to derive knowl-
edge from. Nuʿmān, in this way, made it clear that knowledge of law and theology
should be obtained from the rightful Imam who is from the progeny of the Messen-
ger of God. The Shiʿi-Ismaili theory of the imamate is the key to unlocking all the
Ismaili religious and legal formulations. Not surprisingly, we observe that the
Daʿāʾim, composed after the Ikhtiṣār, commences with a chapter on the walāya
(devotion to the Imams). It is identified not only as the first pillar of Islam but also
as the most excellent of all the pillars. Nuʿmān further adds that it is through the
walāya and through the walīy (Imam) that true knowledge of the rest of the pillars
can be obtained. It is the longest chapter in the Daʿāʾim. It also contains the most
comprehensive discussion concerning the question of the imamate with its various
6(t≤G$ ±9]P% 6(P'?IG$ )(', K4∞k! .#?s4%$ `a-z (ñ[a-• è1óa KAX> .r Ø !-q4%$! {
Æ a-q%$ K©([%M ie3W B•(váG$! K'>-3:
ihv$!6sW Kc¥e• ≥e|%$ B>ö(, SeD ≥V]a (: Keg%$ è(9%!M ieD L: K9> 5\uG U6(2aC%$ )(', L: KW KÇcïM ç%+ 5\X> .6(h•uG$ B4jxuG$ LD
.ih%$;:M LD RíQà>
Although Idrīs ʿImād al-Dīn has reproduced the above account from Nuʿmān’s Kitāb al-
majālis waʾl-musāyarāt, without mentioning its title, he erroneously states that it was an
abridgement of the Daʿāʾim. In his ‘Some Unknown Ismāʿīlī Authors and their Works’, JRAS
(), p. , Ḥusayn al-Hamdānī was also misled by Idrīs’ statement when he stated:
‘Chronologically speaking, the Daʿāʾim and Mukhtaṣar were among the last works of the
Qāḍī.’ Based on its contents, Shamʿūn Lokhandwalla (see introduction to his edition of the
Ikhtilāf, p. ) has argued that it preceded the composition of the Daʿāʾim, and the present
writer fully concurs with that conclusion. It seems to me that Idrīs was probably misled by
close resemblance between the two: the Daʿāʾim and the Ikhtiṣār. However, on closer
examination one finds doctrinal differences between them, though of minor nature. If it was
an abridgement of the Daʿāʾim, Nuʿmān would have stated it in its introduction.
31 Referring to the comments and some changes suggested by al-Muʿizz, see Nuʿmān,
Kitāb al-majālis, p. ; he states:
C3W KZmM-z .(h9eD ieöD! ("-,+! UK9> K'µctM! K'Üc', (4j: è(9ïM r#v! UK2: K'Ü3>6 (49> ±ePZ è(9ïM f(ctXW ç%+ C3W ozß! it
.K2: (ñú[% K'Ü>#v! K2: K•(/kXW -:M (: K9> ^ _ c', ^2, (4j: ^ _ Ñ/kM! U.(àZ6$! K]] ´ d (: b∏, K9> ^
∑ ctM! UK9eD E∂è$-z ç%+
º 4úª3> .ih2D ç%+ ^
^ ∫ ctM 5M C3W (oed) La-"(Ñ%$ Kx(Wê L: K9> .-,+ L4jD UK2D - 12D #?M L4% – KÇaù!6M 5πM 1% 5+M!
Kx(Wê LD KZm-tê ^2, (: 1% ±´P9% ç%+ -98 [S%F] K9%F ç%+ 13>-W ^ _ 0-å3Z L,M i%! .KW 1®eD K'Ü43A ^eö<! UK9> 1ZCx(>
. … ih2: ç%+ bcz K'Ü34k! Uih2D E$!-%$ `', L: K'Ü34<!
32 Poonawala, ‘al-Qāḍī al-Nuʿmān and Ismaʿili Jurisprudence’, pp. –.
The Evolution of al-Qāḍī al-Nuʿmān’s Theory
aspects and implications. In fact, with succinct style, the chapter on the walāya
summarises all the topics discussed in the Ikhtilāf.
Nuʿmān compiled the Ikhtilāf prior to his composition of the Ikhtiṣār. In the
opinion of the present writer, the Ikhtilāf fills a major void in the chain of Nuʿmān’s
works that clearly reflects the development of his legal thought and therefore worthy
of analysis. The full title given by Nuʿmān is Kitāb ikhtilāf uṣūl al-madhāhib waʾl-
radd ʿalā man khālafa ʾl-ḥaqq fīhā (‘The Book of Disagreement about the Positive
Laws in Various Schools of Jurisprudence and the Refutation of those who Opposed
the Truth Concerning those Laws’). It is believed to have been composed around
/, because at the beginning of the book Nuʿmān has copied the decree issued
by al-Muʿizz on the occasion of his confirmation to the highest judiciary office in
the Fatimid realm.33 The royal edict gave Nuʿmān wide authority and his jurisdic-
tion extended to every case when either the maẓālim34 matters were brought
directly to him, or as an appeal from any corner of the Fatimid domain. He was
granted sole jurisdiction over matters related to the royal entourage, the various
classes of the caliph’s bondsmen and the soldiery stationed in the capital. In all the
above matters, Nuʿmān was conferred with absolute judicial powers.
Besides Idrīs ʿImād al-Dīn (d. /), the Ikhtilāf is mentioned by Ibn
Shahrāshūb (d. /) and Ibn Khallikān (/). I have indicated elsewhere
that the sources for the information concerning the books of Nuʿmān, both by Ibn
Khallikān and Idrīs date back to contemporaneous historians.35 It is also worth
noting that all the extant copies of the Ikhtilāf are the recension of Nuʿmān’s
grandson, ʿAbd al-ʿAzīz b. Muḥammad b. al-Nuʿmān.36 The front page, following
the title, contains a brief foreword written by the grandson. It states as follows:
The qāḍī al-quḍāt ʿAbd al-ʿAzīz b. Muḥammad b. al-Nuʿmān said: ‘I have related
this book, Ikhtilāf uṣūl al-madhāhib waʾl-radd ʿalā man khālafa ʾl-ḥaqq fīhā, from
my father al-Qāḍī Muḥammad b. al-Nuʿmān, may God be pleased with him and
may He please him, and my father related it from his father al-Qāḍī al-Nuʿmān b.
Muḥammad b. Manṣūr b. Aḥmad b. Ḥayyūn al-Tamīmī, may God be pleased
with him and may He please him and honour his return and abode in the here-
after, who composed this book after having presented it [for approval] to our lord,
the Imam al-Muʿizz li-Dīn Allāh, the Commander of the Faithful, may the
salutations of God be upon him and his pure forefathers and the noble Imams
from his progeny. It was his [Nuʿmān’s] compilation and he related it. [Nuʿmān
has stipulated that] the rights of its transmission after him belong to his sons and
33 The edict is dated Rabīʿ I, / Sept. . For the full text of the edict see
Appendix III. For its English translation see Lokhandwalla, op. cit., pp. –.
34 Maẓālim (lit., unjust actions), at an early stage in its development as an institution of
government, came to denote the structure through which the ruling authorities assumed the
responsibility for dispensing justice. For details, see J. Nielsen, ‘Maẓālim’, EI, vol. , pp. –
; Hallaq, Origins, pp. –.
35 Poonawala, ‘Sources for al-Qāḍī al-Nuʿmān’s Works and their Authenticity.’
36 He was appointed the chief qāḍī in / by al-Ḥākim. For information on his life,
see The Governors and Judges of Egypt (Kitāb al-umarāʾ wa-kitāb al-quḍāt) of al-Kindī, ed.
Rhuvon Guest (Leiden, ), pp. –.
The Study of Shiʿi Islam
each one of them will present the book and obtain the permission from the
reigning Imam of his time. Hence, my father Muḥammad b. al-Nuʿmān was
granted a second permission to relate it by our lord al-ʿAzīz biʾllāh, the Comman-
der of the Faithful, may God bless him. Later on I presented it to our lord, the
Imam al-Ḥākim bi-Amr Allāh, the Imam of the time, who granted me the
permission to relate it on his behalf and gave me the exclusive permission to
dictate it to his slaves and recorded the signature in his own exalted hand at the
back of the book, which states, ‘We have permitted our qāḍī ʿAbd al-ʿAzīz b.
Muḥammad b. al-Nuʿmān to disseminate and dictate this book.’37
The importance of this work is demonstrated by the fact that permission was
granted for its transmission by three successive Imam-caliphs, viz., al-Muʿizz, al-
ʿAzīz and al-Ḥākim. At the beginning, Nuʿmān explains the reason for its compila-
tion and states the following:
[After the basmala and the ḥamdala] … Now, [I have to state] that I found the
people of the qibla [Muslims], despite their agreement on the apparent text of the
Qurʾan and confirmation of [the prophethood of] the Messenger of God, they
disagreed not only with regard to legal opinions [on a point of law] in most of the
furūʿ [positive rules for the behaviour of men derived from the uṣūl], but also with
regard to certain fundamental principles [the uṣūl] and various modes of [their]
interpretations (taʾwīl). Thus, they pursued different paths and became divided
into sectarian groups and parties even after they had heard and recited the words
of God, the Mighty and the Exalted, saying: Establish the true religion and do not
be divided about it (Q.:);38 and Those who were given the scripture diverged
only after clear proof came to them (Q.:); and Religion with God is Submission.
Those to whom the Scripture has been given differed only after knowledge came to
them, through outrage amongst themselves (Q.:); and Will they not ponder on
the Recitation, or are there locks on their hearts? (Q.:); and Do they not ponder
on the Recitation? Had it been from any other than God, they would have found
much contradiction in it (Q.:). Thus, God, may His praise be high, found
dissension and disagreement blameworthy and summoned them to unity and
harmony. He has commanded that and urged them to [unite]. He made them
desirous of performing the religious rites [correctly] and prohibited dissent from
it.
Therefore, I will begin this book with the [discussion of the] reason of their
disagreement, which they themselves invited and prompted, and in consequence
of it put themselves into [predicament]. I will follow it up with the reports of all
what they said and how they established the fundamental [principles of jurispru-
37 Nuʿmān, Ikhtilāf, pp. alif-bāʾ. See also Appendix IV for its text in Arabic.
38 The full text of the verse reads: He has instituted for you that religion which He ordained
on Noah and what We have revealed to you and what We enjoined on Abraham and Moses and
Jesus, saying, ‘Establish the true religion and do not be divided about it.’ All English translations
of the Qurʾan cited in this chapter, unless stated otherwise, are by Alan Jones, The Qurʾān:
Translated into English (London, ).
The Evolution of al-Qāḍī al-Nuʿmān’s Theory
dence] for themselves. I will expose the incorrectness of those principles and then
interject the creed of the People of Truth (ahl al-ḥaqq)39 concerning [the princi-
ples] about which they disagreed. I will elucidate and make those principles
transparent with proofs. Subsequently, I will mention the doctrine of every
sectarian group and their supporting arguments for what they alleged. Then, I
will refute their stance for abandoning the truth in what they unduly assumed for
themselves.40
Nuʿmān states that the reason for discord among the Muslim community following
the Prophet’s death was that they did not entrust their affairs to the care of the
person who was rightfully authorised by the Qurʾan and the Prophet to assume the
helm of the nascent Islamic state.41 Nuʿmān then cites various traditions generally
related by Shiʿi sources to prove that ʿAlī b. Abī Ṭālib was the most learned of the
Companions of the Prophet regarding the Qurʾan and the occasions of its revelation
(asbāb al-nuzūl). Therefore, he was well versed in Qurʾanic law and it is claimed that
he said, ‘Ask me before you lose me.’42 It is also claimed that he said, ‘Had a pillow
been folded for me to sit [on] to dispense justice, I would have judged the People of
the Qurʾan with the Qurʾan, the People of the Torah with the Torah, and the People
of the Gospel with the Gospel, so no two people would have disagreed with regard
to the edicts of [their respective] religion.’43 Having made his most important points
with regards to ʿAlī b. Abī Ṭālib that he was the rightful successor of the Messenger
39 Ismaʿili dāʿīs use this term for self reference. Abū Yaʿqūb Isḥāq al-Sijistānī, Kitāb al-
iftikhār, ed. Ismail K. Poonawala (Beirut, ), passim.
40 Nuʿmān, Ikhtilāf, pp. –. See also Appendix V for the Arabic text.
41 Recent studies on the issue of succession to the Prophet are by Wilferd Madelung, The
Succession to Muḥammad: A Study of the Early Caliphate (Cambridge, ); and his ‘Shīʿism
in the Age of the Rightly-Guided Caliphs’, in L. Clarke, ed., Shīʿite Heritage (Binghamton, NY,
), pp. –; Khalid Blankinship, ‘Imārah, Khilāfah, and Imāmah: The Origin of the
Succession to the Prophet Muḥammad’, in Clarke, ed., Shīʿite Heritage, pp. –; Shaykh
Muhammad Mahdi Shams al-Din, ‘The Authenticity of Shīʿism’, in Clarke, ed., Shīʿite
Heritage, pp. –; Khalil Athamina, ‘The Pre-Islamic Roots of the Early Muslim Caliphate:
The Emergence of Abū Bakr’, Der Islam, (), pp. –; Tarek Fatah, Chasing a Mirage:
The Tragic Illusion of an Islamic State (Mississauga, Ontario, ).
42 The Arabic reads:
.1A!C/[Zm 5M bcz 1A;ek :O;/a (: $y-9T, 5(, KAM K2D 6;ts4%$ ΩaC]%$ ç%+ L:!
Nuʿmān, Ikhtilāf, p. . In Ghurar al-ḥikam of al-Āmidī (as cited by Muḥammad Bāqir al-
Majlisī, Biḥār al-anwār, annotated by al-Sayyid Jawād al-ʿAlawī and al-Shaykh Muḥammad
Ākhundī, Tehran, Sh./, vol. , p. ), the full text of the tradition is reported as
follows:
.76uG$ æ-ÑW i&2: -c?M f$!(4J%$ æ-ÑW 1AYs> U1A!C/[Z 5M bcz 1A;ek
43 Nuʿmān, Ikhtilāf, p. ; it states:
;% (:M :K%ê! K9eD Keg%$ Sed Keg%$ O;k6 C3W Å(2%$ rRQ'?$ øM6 Cz! UO(z KAM K9eD Keg%$ f$;ed 1eD LD 6;ts4%$ ΩaC]%$
.b9óAáG(W b9óAáG$ b"M L9W! UE$6;'%(W E$6;'%$ b"M L9W! U5ê-/%(W 5ê-/%$ b"M L9W ^
_ 9à/% Å(2e% ^_ Je<! E¡=(k! 1% ^92t¿
.LaC%$ w(&vM L: i¬&v 1> 5(2t$ {e'?$ (4%!
See also al-Majlisī, Biḥār al-anwār, vol. , pp. –.
The Study of Shiʿi Islam
of God for the leadership of the Muslim community and that he was the most
knowledgeable about the interpretation and injunctions of the Qurʾan, Nuʿmān
continues with a discussion about the fundamental principles of the law that had
developed before him. He summarises them as follows:
Most of the jurists state that whatever legal ordinances and related matters
concerning lawful and unlawful matters that are clearly mentioned in the text of
the Qurʾan, should be followed and acted upon. Whereas the matters that are not
stated explicitly in the Qurʾan should be sought in the sunna of the Messenger of
God. If those matters are treated or referred to in the sunna of the Messenger of
God, they should be adhered to and acted upon without overstepping them.
Now, whatever is not accounted for in either the Qurʾan or the sunna of the
Messenger of God, should be sought in the reports of the Companions. If those
matters are dealt with in their assertions and have been agreed upon by the
Companions, we should adopt them. However, if we discover certain things in
their statements, but at the same time also find that they had disagreed among
themselves on those very issues, in such cases we have a choice; either we choose
the report of one Companion or the other with which we are satisfied.
Some jurists, on the other hand, have maintained that if they could track down a
particular thing/issue that they were looking for in the statements of the Compan-
ions, they should accept it and not depart from it. However, if what they were
looking for cannot be found in either the Qurʾan, the sunna of the Messenger of
God, or in the accounts of the Companions, they should consider another option,
whether the legal scholars had agreed on that matter. If they had agreed upon it,
they should adopt it and not depart from their consensus.
Yet, another group of jurists disagreed with the rest and declared certain things to
be lawful or unlawful merely by justifying their own opinions and conclusions.44
Nuʿmān states that by such an action the latter faction of the jurists simply turned
away from their opponents and followed other leaders. Nuʿmān adds that this group
did not stop there and accused their rivals of unbelief. Yet, other jurists asserted
their belief in the doctrine of qiyās (judicial reasoning by analogy),45 while others
advocated the doctrine of raʾy (personal, or considered opinion)46 and ijtihād
44 For the Arabic text, see Appendix VI.
45 Monique Bernard, ‘Ḳiyās’, EI, vol. , p. . It is a collective name for a variety of
legal arguments including, inter alia, analogy, argumentum a fortiori, reductio ad absurdum,
or deductive arguments; see Hallaq, Origins, pp. –, –, and his History, pp. –
.
46 It is a discretionary opinion or reasoning based on precedent or on subjective consid-
erations, see Hallaq, Origins, pp. –; Hallaq, History, pp. , .
The Evolution of al-Qāḍī al-Nuʿmān’s Theory
(jurisprudential interpretation),47 while others upheld the principles of istiḥsān
(juristic preference),48 naẓar (speculation, arbitrary reasoning), or istidlāl (inductive
reasoning).49
According to Nuʿmān, all the aforementioned groups originated from a common
intent, their belief that the Qurʾan and the sunna of the Messenger of God do not
provide them with all the information needed to decide all cases they encountered
during their lives. Nuʿmān, therefore, asserts that all these groups are united on an
unsound principle, which constitutes nothing more than following their own fancies
and whims.
To support his contention that God, the Mighty and High, has perfected his
religion and warned the people against speculations in religious matters, Nuʿmān
cites numerous verses from the Qurʾan. These include, God said: And who is further
astray than him who follows his whim without guidance from God? (Q.:); They
only follow guesswork, and guesswork is of no avail against the truth (Q.:).
Additionally He said: O David, We have made you a viceroy in the land. Judge
between the people in truth. Do not follow caprice, lest it lead you away from the way
of God (Q.:). Addressing His Messenger, God said: So [O Muḥammad] judge
between them by what God has sent down; and do not follow their whims (Q.:).
After citing the above verses Nuʿmān quotes a well-known tradition of the Messen-
ger of God: ‘Follow, and do not innovate, for every innovation is an error, and every
error leads to hellfire.’50
Following the above introductory remarks, Nuʿmān first takes issue with his
adversaries’ claims that there are several things, lawful or unlawful, not mentioned
in either the Qurʾan or the sunna of the Messenger of God. The main objective of
Nuʿmān’s argument in this case is to demonstrate that this claim is preposterous. In
support of his argument he draws heavily on Qurʾanic verses. It should be remarked
here that Nuʿmān was simply following in the footsteps of the Shiʿi ʿulamāʾ who, by
the time of Nuʿmān’s writing, had fully elaborated the Shiʿi doctrine of the imamate.
47 Joseph Schacht, ‘Idjtihād’, EI, vol. , pp. –. It is a process of legal reasoning
through which the jurist derives or rationalises law on the basis of the Qurʾan and the sunna;
during the early centuries of Islam it meant the exercise of one’s discretionary opinion based
on ʿilm. See Hallaq, Origins, pp. –, ; Hallaq, History, pp. –.
48 Rudi Paret, ‘Istiḥsān’, EI, vol. , pp. –. It is a juristic preference based, in the
early period, upon practical considerations, and later, on a particularised textual ratio legis;
see Hallaq, Origins, pp. –, –; Hallaq, History, pp. –.
49 R. Arnaldez, ‘Manṭiḳ (esp. Logic in the judicial science)’, EI, vol. , pp. –.
Istidlāl means arguments based on the dalīl, and it covers various inferences that do not
belong to the category of qiyās. See Hallaq, History, pp. , , , ; he states that
arbitrary reasoning was often characterised as raʾy and naẓar. He further adds that in certain
cases, reasoning, appearing under the labels of raʾy and naẓar, was nothing short of systematic
qiyās.
50 Nuʿmān, Ikhtilāf, pp. –, ; it reads:
.6(2%$ 1> Bƒ%RQ0 bõ,! UB≈%RQ0 BƒDCW bõ&> U$;DC'cZ IG! $;3cZ√F :K%ê! K9eD Keg%$ Sed Keg%$ O;k6 O(z
It is transmitted by Muslim, Abū Dāwūd, Nasāʾī, Ibn Māja, Dārimī and Ibn Ḥanbal. A. J.
Wensinck, Concordance et indices de la tradition musulmane (Leiden, ), s.v. ḍ-l-l. See also
Nuʿmān, The Pillars of Islam, vol. , p. .
The Study of Shiʿi Islam
One of the fundamental elements of that doctrine is that the Imam is presumed to
be the most learned person in the Muslim community.51 Nuʿmān was a fierce
proponent of the doctrine of the imamate. Of course, he was selective in his
selection of Qurʾanic verses and took them out of context. However, to be fair, this
was the norm of his day since there were a considerable number of sectarian groups
and all of them tried to justify their claim by Qurʾanic verses and traditions of the
Prophet.
Let us return to Nuʿmān and analyse how he developed his arguments that the
Qurʾan contains everything that the faithful might need to guide him during his life.
It is a recurring argument. First, he quotes from the Qurʾan to stress the point that it
is a comprehensive Book. He uses the passage, God says: We have neglected nothing
in the Book (Q.:).52 Addressing His Messenger, God says: We have sent down to
you the Scripture as an explanation (tibyānan) of everything and guidance and mercy
and good news to those who submit (Q.:). Nuʿmān argues that the above verses
clearly demonstrate that God explained everything in His Book and He did not
neglect any aspect pertaining to Islam. The term ‘bayān,’ Nuʿmān explains is applied
to what is obvious, clear, manifest and known.53 Hence, one does not need to resort
to qiyās, raʾy, ijtihād, istiḥsān, naẓar or istidlāl for explanations. If those people who
advocate the above theories would ask us: ‘Where is this explanation (bayān) [what
you have stated] in the Qurʾan?’ In his defence Nuʿmān states: ‘We will respond with
the following verses wherein God quite clearly says: And We have sent down to you
[O Muḥammad] the reminder for you to make clear to men what has been sent down
to them (Q.:). He says: Whatever the Messenger gives you, take it. Whatever he
forbids you to have, leave it alone (Q.:). God also says: If they were to refer it to the
Messenger and to those who have authority among them (uliʾl-amr minhum), those
among them able to investigate the matter would know [how to handle it] (Q.:).
Moreover, God states: Obey God and obey the Messenger and those of you who have
51 For more details see Ismail Poonawala, ‘The Imām’s Authority during the Pre-
Ghaybah Period: Theoretical and Practical Considerations’, in Clarke, ed., Shīʿite Heritage, pp.
–.
52 Alan Jones has translated al-kitāb as ‘record’, while most of the translators, such as Bell,
Yusuf ʿAlī, Pickthall, Arberry and Abdel Haleem have rendered al-kitāb as ‘Book’. I have
preferred the latter.
53 Nuʿmān, Ikhtilāf, p. . He states:
.-98 1> øCh%$ ocZ√$ L: KAM K%ê! K9eD Keg%$ Sed Keg%$ O;k6 -c?M! .è«([ï! øC∆"! (ñA(9cZ! (ñ4&v S%(3Z Keg%$ .(4jk ç%#,!
»KW(', 1> K%@î2ap i% K/e? KW Keg%$ Ccå3Z (ñ§9ï 5M 5;e"(ó%$ èIG£" iD@a {9&> .Keg%$ Keö0M
The terms bayān and tibyān occur four times in the Qurʾan: :, :, : and :. It is
worth noting that in his Risāla, ed. Aḥmad M. Shākir (nd ed., Cairo, ), p. ; tr. Majid
Khadduri, al-Shāfiʿī’s Risāla: Treatise on the Foundations of Islamic Jurisprudence (nd ed.,
Cambridge, ), p. , Shāfiʿī states: ‘No misfortune will ever descend upon any of the
followers of God’s religion for which there is no guidance in the Book of God to indicate the
right way.’ Soon thereafter he cites the following verses of the Qurʾan: :, :, : and
:. It is followed by several sections elucidating the term ‘al-bayān.’ Shāfiʿī discusses
certain characteristics of the Qurʾan as an introduction to a fuller treatment of the Qurʾan
from a juridical viewpoint. In his History, pp. –, Hallaq has succinctly summarised the
contents of the Risāla.
The Evolution of al-Qāḍī al-Nuʿmān’s Theory
authority (uliʾl-amr minkum) (Q.:). God also says: Today I have perfected your
religion for you and completed My blessing for you and have approved Submission (al-
islām) as a religion for you (Q.:)’.54
Nuʿmān adds that the bayān of the Messenger of God and the uliʾl-amr are
included in the ordinance of the Qurʾan. This, therefore, is clear evidence that the
uliʾl-amr comprehends the lawful and unlawful, and all related matters that a person
would need to know during the course of his life. He adds that the uliʾl-amr need
neither qiyās, raʾy, istidlāl, ijtihād, istiḥsān, nor naẓar. Addressing His Prophet, God
said: We have sent down to you the Scripture with the truth, for you to judge between
the people by that which God has shown you (Q.:). Ridiculing the above-stated
theories, Nuʿmān adds rhetorically, ‘God said to the Messenger of God ‘that which
God has shown you,’ He did not say to His Messenger, ‘that which [O Muḥammad]
you considered as your personal opinion,’ or ‘that which is reached through your
juristic preference,’ or ‘that which you arrived at by analogical reasoning,’ or ‘that
which you reached by speculation,’ or ‘that which you reached by inductive reason-
ing,’ or ‘that which you concluded from your personal reasoning.’55
Nuʿmān continues and states that people queried the Messenger of God with
many issues in different situations, but he did not respond by exercising his personal
opinion or analogical deduction. Rather he waited until the revelation came. There
are several verses of the Qurʾan that point in that direction: for example, They ask
you about menstruation. Say, ‘It is a vexation. Withdraw from women during
menstruation’ (Q.:); and They will ask you about the Spirit. Say, ‘The Spirit is
part of the affair of my Lord, and you have been given only little knowledge’ (Q.:);
and They ask you about what they should spend. Say, ‘The surplus’ (Q.:); and
They ask you about orphans. Say, ‘Setting their affairs right is good’ (Q.:); and
They ask you about the sacred month and fighting in it. Say, ‘Fighting in it is grievous,
but turning [people] from God’s way and unbelief in Him … is more grievous with
God’ (Q.:).
Nuʿmān sarcastically adds: ‘How preposterous it is then to allege that God did
not perfect His religion and left it to the people to perfect it! Even the Jinn, when
they heard the Qurʾan recited to them exclaimed: We have heard a marvellous
recitation, which guides to righteousness. We believed in it (Q.:–). God has called
the Qurʾan ḥukman [ʿArabiyyan] (a criterion in Arabic) (Q.:), and tibyānan [li-
kulli shayʾin] (an explanation of everything) (Q.:), and hudan (a guidance)
(Q.:; :; :), and shifāʾan (a remedy) (Q.:). How dare they say that
54 In his Uṣūl al-sharīʿa (Beirut, ), p. , Muḥammad Saʿīd ʿAshmāwī states that the
verse was revealed when the Prophet was making a pilgrimage and the thrust of the meaning
refers to the ritual practices required for the perfection of Islam as a religion. See also Hallaq,
History, p. .
55 Nuʿmān, Ikhtilāf, p. ; it reads:
6(P> .K9eD OÖ=! KW ≥ÑA! Uç%+ `<!M )('&%$ 5(, +F )('&%$ i&v 1> 5RQ?$= -:uG$ 1%!M 5ã(9W! O;k-%$ 5ã(9W 5(,!
S234%$ $#hW )('&%$ 1> (ñ'cT: O;/%$ $#hW UKW =(c3%$ Keg%$ Ccå3Z (: o…94<! Uûx$-[%$! w(&vuG$! (a(à/%$! w$-]%$! ORQ]%$ o…94<
IG! U=(h'<IG$ IG! U*M-%$ IG! UK9> OIGC'k$ IG! UK9eD Å(9/%$ S%F ì(']a IG! .bÀ[/: IG! bÀ&q: -98 U(ñ29 W (ñ]0$!
.5;[e'|4%$ èIG£" iDn (4, U-ú2%$ IG! U5(J]'kIG$
The Study of Shiʿi Islam
the Qurʾan is lacking in guidance! The Messenger of God said, “One who follows
guidance from a source other than the Qurʾan, God will make him lose his way.”56
Thus, how dare those ignorant people claim that the very matters with which
mankind worship God, He did not reveal in His Book? Who taught them such
knowledge? Did it not come through the Messenger of God? God says: Say [O
Muḥammad], ‘I follow what is revealed to me from my Lord.’ (Q.:). God also
says: And He has taught you [O Muḥammad] what you did not know. God’s bounty to
you is great (Q.:). Even the angels, addressing God, proclaimed: Glory be to
You. The only knowledge we have is what You have taught us. You truly are the
Knowing and the Wise (Q.:). How then those uninformed people allege that they
derive legal rulings pertaining to what is lawful and unlawful that are not mentioned
in the Qurʾan and the sunna? Did they not contradict the Qurʾan and claim for
themselves a position higher than that of the prophets and the angels?’57
Let me add another reason Nuʿmān has given at the end of the book for the
compilation of the Ikhtilāf. It is not altogether different from what he had given at
the beginning of the book, but it recalls his personal encounter with someone who
held a different view on this matter. He states:
The reason for my compilation of this book in such a way is that I was a neigh-
bour of someone who held the doctrine of ijtihād. I explained to him that it was
an unsound assertion and I protested against it with the same arguments that I
have presented in this book until he ceased from [asserting] it. I thought that he
had confessed the truth and returned [to the right path]. But, subsequently he
wound up with the composition of a booklet in which he elaborated the views of
those who uphold the doctrine of ijtihād and persisted in his arguments that he
had held before.
I have related in this book all that he had compiled in his booklet of the argu-
ments of the proponents of that theory. I have added additional affirmations and
arguments that have reached me, but were not mentioned by him. And I have
demonstrated unsoundness [of such belief] and refuted their arguments. I did not
intend to invalidate only the theory of ijtihād, so that the one to whom this book
reaches might think that I was satisfied with other principles advocated by the
schools that are antagonistic to the truth which I have discussed in this book.
Hence, I saw it fit to mention all their statements and refute them [one by one]
seeking success and recompense from the Almighty.58
56 This tradition of the Prophet is transmitted by Tirmidhī and Dārimī. Wensinck,
Concordance, s.v. ḍ-l-l.
57 I have summarised the Arabic text in translation. Nuʿmān, Ikhtilāf, pp. –.
58 For the Arabic text see Appendix VII.
The Evolution of al-Qāḍī al-Nuʿmān’s Theory
It is at this stage in the book that Nuʿmān introduces the madhhab of the People of
Truth, the Ismaili legal doctrine and outlines the principles of its legal thought.59
First, he copies the royal decree of the Fatimid Imam-caliph al-Muʿizz, which was
issued on the occasion of his investiture with the highest judicial office in the
Fatimid realm and was read publicly. It was transcribed on Monday Rabīʿ I, /
[ September ].60 What interests us the most are the instructions given by al-
Muʿizz to Nuʿmān. They basically cover the fundamental principles of Ismaili law as
elaborated by Nuʿmān. What follows is the summary of the directives issued by al-
Muʿizz.
Firstly, in all his legal decisions and judgements, Nuʿmān should follow the Book
of God, which is described in His words as: Falsehood cannot come to it from before
it or from behind it, a Revelation sent down from One [who is] Wise and Praiseworthy
(Q.:). Al-Muʿizz states: ‘Verily, God has clarified in His Book all matters that
are either lawful or unlawful in His eyes. He has also expounded His commands and
illuminated His signposts.’
Secondly, if Nuʿmān cannot find any reference [concerning a particular issue]
either in the Qurʾanic text or in the sunna of the Messenger of God or his precepts,
he seeks it in the acts and decisions (madhāhib) of the virtuous, pious and Rightly
Guided Imams who are from the progeny of the Messenger of God, the forefathers
of the Commander of the Faithful. They are the treasures of God’s knowledge and
the hidden secrets of His revelation. They are designated by God as guides for
mankind and the luminaries in the darkness who are supposed to rescue them from
the bewilderment of blindness and the gloom of destruction. They are the exem-
plary models who should be followed in religious and mundane matters.
Thirdly, if something appears to him as ambiguous and difficult [to resolve], or
dubious and problematic, he should refer it to the Commander of the Faithful, so
that he might be able to guide him in the appropriate direction. Indeed, the Com-
mander of the Faithful is the best (baqiyya)61 of the Rightly Guided deputies of God
and from the progeny of the Rightly Guiding Imams. The Almighty has command-
ed people to turn to the Imams for guidance, to direct their questions to them and
to acquire knowledge from them. God has also enjoined His servants to refer to the
59 For the development of the concept of madhhab as a group of jurists and legists who
are strictly loyal to a distinct, collective legal doctrine attributed to an eponym, after whom
the school is known to acquire distinctive characteristics, see Hallaq, Origins, pp. ff.
60 For its Arabic text, see Appendix III.
61 The word baqiyya, lit. means remainder, remnant, relic; however, when used in a
genitive construction (iḍāfa) annexed to a word referring to a tribe, family, or a community, it
means the most excellent of them. For example, wŒ;/%$ BÕ9å/W L: 5à RQ> means such a one is the most
excellent, or the best of the people. Edward Lane, Arabic-English Lexicon, Reprint (Cambridge:
The Islamic Society, ), s.v. b-q-y; older sources are indicated therein. The word was used
by al-Muʿizz in his sermon announcing the death of his father al-Manṣūr, see Inside the
Immaculate Portal: A History from Early Fatimid Archives. A new edition and English
translation of Manṣūr al-ʿAzīzī al-Jawdharī’s biography of al-Ustādh Jawdhar, edited &
translated by Hamid Haji (London: I.B.Tauris, ), p. (Arabic text). Lokhandwalla’s
translation “remnant” is incorrect. I am thankful to Hamid Haji for drawing my attention to
the above reference.
The Study of Shiʿi Islam
Imams, as God has said: If they were to refer it [any matter] to the Messenger and to
those who have authority (uliʾl-amr) among them, those among them able to investi-
gate the matter would know [how to handle] it (Q.:). The Almighty has also said:
Ask the people [who have] the reminder (ahl al-dhikr) if you do not know (Q.:).
Moreover, the Messenger of God has declared, ‘I am leaving among you two things
of great weight (al-thaqalayn), the Book of God and my kindred (ʿitratī), the People
of My House (ahl baytī). As long as you will adhere to them, you will never be led
astray, because these two shall never be separated until they return to me at the
Pool.’62
As previously mentioned, Nuʿmān had already elaborated these principles at the
beginning of the book. Now, they are reinforced by al-Muʿizz’s royal decree.
Another significant point Nuʿmān makes with regard to the edict and the instruc-
tions contained in it, is that it was the norm for all previous Imams beginning with
the first Imam-caliph al-Mahdī to issue similar edicts whenever they appointed a
qāḍī. Nuʿmān states that al-Manṣūr had also issued similar directives to him on the
occasion of his appointment to that office. Nuʿmān asserts that the Imams did not
enjoin their qāḍīs with the ability to exercise qiyās, naẓar, istiḥsān, raʾy or ijtihād as
was the case with the rest of the Sunni caliphs. Nuʿmān adds that the overall Muslim
community is united in their view that if a person does not know something related
to religion and someone else has that knowledge, he ought to seek the latter’s advice.
Hence, Nuʿmān poses a rhetorical question and states:
How is it then permissible for anyone to exercise his own individual opinion, or
employ a different means of deduction? God has said: [They] will reckon that they
have something to stand on. Truly, they are the ones who lie (Q.:). If that would
have been the case, everyone would have exercised his opinion and all people
would be equal in knowledge. As a result there would not have been any distinc-
tion between the learned and the ignorant. But, the Almighty has stated: But only
those with knowledge will understand them (Q.:). He also stated: Ask the
people [who have] the reminder if you do not know (Q.:). But people differed
as to the identity of ahl al-dhikr. Some people said that they were the fuqahāʾ
(jurists). Had that been the case, it would have been said to them, ‘But, those
jurists disagree among themselves. Some of them consider certain things lawful,
while the others regard those very things unlawful. How would it be permissible
for God to command people to ask them such matters of great significance?
Similarly, some people asserted that the uliʾl-amr, whose obedience is command-
ed by God, were the commanders of the sarāyā (military detachment sent by the
62 This tradition, known as ḥadīth al-thaqalayn (two weighty things) is transmitted by
Ibn Ḥanbal, Muslim, Tirmidhī and Dārimī; Wensinck, Concordance, s.v. th-q-l. See also
Nuʿmān, The Pillars of Islam, vol. , p. . Muslim’s version contains ‘God’s Book’ and ‘My
Family’.
The Evolution of al-Qāḍī al-Nuʿmān’s Theory
Prophet).63 Such an interpretation is incorrect, because the command to obey
God, His Messenger, and uliʾl-amr is addressed to all Muslims alike and is not
limited to only those who only participated in some military expeditions sent by
the Prophet.’64
Thus far I have merely discussed and analysed the introduction of the book,
consisting of about printed pages of the text. The rest of the book contains over
pages which is devoted to the presentation of the views of the rival schools of
jurisprudence and their refutations. Nuʿmān organises the book into several
sections. First, he addresses the aṣḥāb al-taqlīd and at the end of the debate asserts
that the same charge cannot be levelled against the Shīʿa.65 This is followed by a
section covering the aṣḥāb al-ijmāʿ. This is divided into three sections/chapters: the
people who uphold ijmāʿ and their refutation; disagreement with regard to its
ḥujjiyya (authoritativeness of methodological principles);66 and an account of ijmāʿ
with regards to place and time.67 It is preceded by those who maintain the doctrine
of naẓar. Aṣḥāb al-qiyās68 comes next and is followed by those who assert the
doctrines of istiḥsān and istidlāl. The last topic pertains to those who uphold the
doctrine of raʾy and ijtihād.69 Ultimately, it concludes with a recapitulation of
Nuʿmān’s representations of those groups and the main arguments.
An Account of Aṣḥāb al-Taqlīd and their Refutation70
Nuʿmān commences this chapter and states that God did not command the faithful
to follow anyone after His Messenger except the uliʾl-amr whom the Prophet had
designated as the vanguards of the community. However, the community disregard-
ed this particular instruction of the Messenger of God and followed inappropriate
individuals. After alluding to the historical events that followed the death of the
Prophet, Nuʿmān narrates the story of ʿAdī b. Ḥātim al-Ṭāʾī who came to the
Messenger of God to accept Islam while he was still wearing a cross made of gold
around his neck. The Messenger of God, therefore, asked him to remove it and he
recited to him the sūrat barāʾa (also known as sūrat al-tawba, chapter nine of the
Qurʾan) until the end of the verse where God states: They have taken their rabbis and
monks as lords apart from God (Q.:). Thus, Nuʿmān criticises that the Muslim
63 For the meaning of the sariyya, pl. sarāyā, see The History of al-Ṭabarī, vol. : The Last
Years of the Prophet, The Formation of the State, A. D. –/A. H. –; tr. and annotated
by Ismail K. Poonawala (Albany, NY, ), p. . See Nuʿmān’ refutation in The Pillars of
Islam, vol. , p. .
64 I have summarised the Arabic text of the Ikhtilāf, pp. –.
65 It consists of pages and is the fourth longest chapter.
66 For ḥujjiyya see Hallaq, History, pp. –, , , .
67 It is the longest chapter and is comprised of pages.
68 It is comprised of pages and is the second longest chapter.
69 It consists of pages and is the third longest chapter.
70 For the meaning of taqlīd, see Hallaq, Origins, p. ; Hallaq, History, pp. –.
The Study of Shiʿi Islam
community has become almost identical with the former communities of the Jews
and the Christians whose story God has told us in the aforecited verse.
Nuʿmān narrates a tradition on the authority of the Imam Jaʿfar al-Ṣādiq stating
that the Imam had rightly interpreted this verse as referring to the Muslim commu-
nity of his days and said that they (i.e., the misguided of the community) did not,
indeed, fast for, nor pray to their leaders; but these leaders permitted the communi-
ty to do things that were ultimately unlawful, and so the people considered those
things to be lawful; and [similarly] when their leaders forbade things that were
lawful, the people considered those things to be forbidden.71 The Prophet had
foreseen the situation that would prevail in his community. This was the reason that
he said: ‘You will surely follow the paths of the communities before you as a horse-
shoe upon a horseshoe and an arrow feather on an arrow feather, to the extent that if
they had entered a lizard’s hole, then you too would surely have done the same.’72
The correct version of another popular tradition, known as the ḥadīth al-thaqalayn,
identifies the two weighty things as ‘the Book of God’ and ‘my kindred’ (i.e., the
People of the Messenger of God’s House). It is not what the majority of the Muslims
claim: ‘the Book of God’ and ‘my sunna.’ Nuʿmān states that the latter version is
nothing more than tampering with the original text of the tradition.
Nuʿmān states that the main argument they present for their justification of
taqlīd (blind following, submission) is a tradition ascribed to the Prophet which
states, ‘My Companions are like the stars; whichever one of them you choose to
follow, you will be rightly guided.’73 Nuʿmān then points out the fact which is well
known to students of Islamic history: the Companions not only disagreed among
themselves, they also fought among themselves and killed each other. The first thing
a great majority of the Muhājirīn and Anṣār disagreed on was the injunction of the
Messenger of God concerning the leadership of the community after him. Without
going into the detail Nuʿmān alludes to the gathering at the Saqīfat Banī Sāʿida
where a heated debate ensued between the Anṣār and the Muhājirīn that supposedly
led to Abū Bakr being selected as the successor of the Prophet.74
Having made this significant point, Nuʿmān moves on to demonstrate that the
Companions hardly agreed on anything. Nuʿmān reports that when Abū Bakr
intended to fight the people of the Yamāma on the pretext of their not paying the
zakāt, ʿUmar advised the caliph against such a move.75 Nuʿmān then calls the
71 See also Nuʿmān, The Pillars of Islam, vol. , p. .
72 Ibid., vol. , p. ; older sources are indicated there.
73 Ibid., vol. , p. . Walīy al-Dīn Muḥammad al-Tabrīzī, Mishkāt al-maṣābīḥ, ed.
Muḥammad Nāsir al-Dīn al-Albānī (Damascus, ), vol. , p. ; tr. James Robson,
Mishkat al-masabih (Lahore, ), vol. , p. ; various versions are cited.
74 For details as to what happened in the Saqīfat Banī Sāʿida, see Poonawala, The History
of al-Ṭabarī, vol. , p. ff., where other parallel sources are cited; Fred Donner, The History
of al-Ṭabarī, vol. : The Conquest of Arabia (Albany, NY, ), pp. ff.
75 This report cannot be verified from historical sources. It probably refers to the incident
of Buṭāḥ wherein Khālid b. Walīd killed Mālik b. Nuwayra and married his wife. ʿUmar was
angry at what Khālid did and pressed Abū Bakr to dismiss him, saying: ‘In his sword there
really is forbidden behaviour.’ Whereupon Abū Bakr replied: ‘O ʿUmar I will not sheathe a
The Evolution of al-Qāḍī al-Nuʿmān’s Theory
reader’s attention to ʿUmar’s ignorance of the Qurʾan, especially with regard to its
injunctions.76 In many cases the second caliph ʿUmar b. al-Khaṭṭāb had given wrong
legal decisions, but thanks to ʿAlī’s timely intervention and advice, ʿUmar revoked
his judgements. Hence, the origin of the famous saying, ‘Had it not been for ʿAlī,
ʿUmar would have perished.’77
It is worth noting here that Nuʿmān then goes on to expound the linguistic
meaning and usage of the verb ṣaḥiba and its noun formation aṣḥāb in the Qurʾanic
usage and in the Prophet’s utterance during his final illness. When the Messenger of
God got irritated with some of his wives for not carrying out his recommendations
he said to them, ‘You are like Joseph’s little female companions (innakunna ṣuwayḥi-
bātu Yūsuf).’78 Of course, the term ‘ṣuwayḥibāt Yūsuf’ was not a compliment, rather
it had a negative connotation. Nuʿmān then states that the word nujūm was used
metaphorically in the tradition they alleged that the Messenger of God had said: ‘My
Companions are like the stars; whichever of them you choose to follow, you will be
rightly guided.’ If it is authentic, Nuʿmān appropriates it and states that it refers to
the Imams from his progeny and not to the Companions as the literal meaning of
the tradition suggests.79
Clarifying his position that he is not bent on belittling the Companions, Nuʿmān
states that his intention was not to disparage the Companions but to refute their
argument supporting blind following. Nuʿmān adds that the same argument against
taqlīd applies to those who blindly follow the tābiʿūn (the Followers), and those who
follow the generation who came after them, that is, the lāḥiqūn. However, Nuʿmān
adds, the most famous people to whom the word taqlīd is associated with are those
who uphold the doctrine of the raʾy, istiḥsān, qiyās, naẓar and ijtihād, like Abū
Ḥanīfa al-Nuʿmān al-Kūfī, Mālik b. Anas al-Madanī and Muḥammad b. Idrīs al-
Shāfiʿī. A great majority of the people are the followers of those three figures.
Nuʿmān’s statement implies that the three major Sunni schools of jurisprudence had
already crystallised by the middle of the th/th century. It should be noted that
Ibn Ḥanbal does not come into the picture at all, which clearly implies that he was
not considered a major jurist or the founder of the Ḥanbalī madhhab at that time.80
sword that God has drawn against the unbelievers.’ Donner, The History of al-Ṭabarī, vol. ,
pp. –; al-Yaʿqūbī, Taʾrīkh al-Yaʿqūbī, ed. Muḥammad Ṣādiq Baḥr al-ʿUlūm (Najaf,
), vol. , p. ; Ibn al-Athīr, al-Kāmil fiʾl-taʾrīkh, ed. C. J. Tornberg (repr., Beirut, ),
vol. , pp. –.
76 In his al-Iḥkām fī uṣūl al-aḥkām (Cairo, /–), vol. , p. , Ibn Ḥazm
gives specific examples where ʿUmar lacked adequate knowledge of the Qurʾan. Moreover, in
the section entitled ‘Fīhi bayān sabab al-ikhtilāf al-wāqiʿ bayn al-aʾimma fī ṣadr hādhihi al-
umma’ (vol. , pp. ff.), Ibn Ḥazm gives a vivid picture of differences among the nascent
Muslim community concerning their knowledge of the Qurʾan and ḥadīth.
77 For details and sources see Nuʿmān, The Pillars of Islam, vol. , p. .
78 For details see Poonawala, The History of al-Ṭabarī, vol. , p. .
79 For details and older sources, see Nuʿmān, The Pillars of Islam, vol. , p. .
80 Hallaq, Origins, pp. ff. He states that the beginning of legal Ḥanbalism, which had
already established itself as a theological school, is to be located in the juristic activities of the
generations that followed him.
The Study of Shiʿi Islam
Nuʿmān then proceeds to criticise the founders of the three schools of
jurisprudence.
Nuʿmān points out that Abū Ḥanīfa frequently changed his opinions and he is
the one who is credited with saying: ‘This knowledge of ours rests on opinion (raʾy)
only, and in our opinion it is the best that can be attained. However, if someone
comes to us with a better opinion, we shall reverse our opinion and adopt his
view.’81 Abū Ḥanīfa believed in the doctrine of qiyās and claimed that it is the most
useful one. Nuʿmān then relates a story of a man from Khurāsān who performed the
pilgrimage whereupon he met Abū Ḥanīfa and wrote down on his authority his
legal opinions concerning certain issues. The following year the man returned to
Mecca for pilgrimage, met Abū Ḥanīfa and asked him about the same issues. But
Abū Ḥanīfa contradicted what he had previously said in toto. At this the Khurāsānī
beat his face in confusion and let out a cry. The people gathered around him and
asked him the reason. He said, ‘O people! This man [Abū Ḥanīfa] gave me his legal
opinion on certain issues last year. I then returned home and on the basis of his
opinions I made certain things lawful and unlawful for my people. When I came to
him this year he revoked his earlier opinions altogether.’ Whereupon Abū Ḥanīfa
exclaimed, ‘But that was only the considered opinion I held at that time; and now I
believe otherwise, so I revoked it.’ The Khurāsānī rejoined, ‘Woe to you! Perhaps if I
were to depend on what you say this year, contrary to what you said last year, then
you would certainly again reverse your opinion the next year!’ Abū Ḥanīfa respond-
ed, ‘I do not know; perhaps I might.’ The Khurāsānī thereupon exclaimed, ‘But, I
know that upon you lies the curse of God!’82
Likewise, Nuʿmān criticises Mālik. Ashhab b. ʿAbd al-ʿAzīz, the foremost of
Mālik’s followers who reported that one day he was in the company of his master
when he was asked about the irrevocable divorce (ṭalāq al-batta). Mālik said, ‘It is
pronounced thrice [at one time and considered thrice valid.]’ Thereupon Ashhab
seized his tablet to write it down on his authority. Mālik asked, ‘What are you
doing?’ Ashhab replied that he was inscribing what he had just said. Mālik said,
‘How do you know that by the evening I might change my opinion and say that it is
only one valid pronouncement?’83 Nuʿmān asks rhetorically, ‘How, then, can these
fickle minded people be followed?’
As for Shāfiʿī, Nuʿmān states that he first followed Mālik and others from the
people of Mecca and Medina and gave his legal opinions accordingly. He then went
to Iraq and met with Muḥammad b. al-Ḥasan al-Shaybānī and revoked many of his
previous opinions. Later on, he went to Egypt and settled there whereupon he
reversed many of his earlier opinions that he had given while he was in the Ḥijāz
81 The Arabic reads:
.K2: (2ecz! K9> K9%F (23<6 K2: -—9|W (A(ZM L–4œ> U.(2aM6 (: LJvM ;"! U*M6 $#" (24eD :B[92v ;WM O(z
This saying of Abū Ḥanīfa is reported on the authority of his student al-Ḥasan b. Ziyād al-
Luʾluʾī (d. /–). Abū Ḥanīfa himself did not write any book, but his juridical
opinions were recorded by his disciples. See also Joseph Schacht, ‘Abū Ḥanīfa’, EI, vol. , pp.
–; Nuʿmān, The Pillars of Islam, vol. , p. .
82 This story is also reported by Nuʿmān in The Pillars of Islam, vol. , p. .
83 Nuʿmān reports the same story in The Pillars of Islam, vol. , p. .
The Evolution of al-Qāḍī al-Nuʿmān’s Theory
and Iraq.84 Nuʿmān notes that Shāfiʿī strictly forbade his followers from the un-
equivocal adoption (taqlīd) of either his opinion or his fellow jurisconsults. He
rebuked the jurists who adopted the opinions of their predecessors (aṣḥāb al-taqlīd)
without inquiring into the reasons behind their decisions.85 Despite his warning,
some of his disciples followed him and adopted his authority. Nuʿmān then adds
that even Shāfiʿī used to give legal opinions by exercising his raʾy and istiḥsān.86
What should be noted is that Nuʿmān does not give any credit to these major figures
for their efforts in developing certain principles for resolving new issues and only
ridicules them.87
Having criticised his opponents, Nuʿmān expected that the same accusation of
taqlīd could be levelled against him and the Shiʿa. Hence, he sets out to distinguish
between the forms of taqlīd. He states that the followers of the various schools of
Sunni jurisprudence adhered to the legal decisions of their leaders even though they
were deduced through personal opinion without any textual evidence from the
Qurʾan or the sunna of the Messenger of God. Some of these legal opinions concern
serious matters related to religion, namely whether they are lawful or unlawful. The
Qurʾan strictly forbids speculation in regards to religious matters and what is lawful
and unlawful. God says: And do not say, because of what your tongues falsely
describe, ‘this is lawful, and this is forbidden,’ so that you may invent falsehood against
God. Those who invent falsehood against God will not prosper. A brief enjoyment –
and then they will have a painful punishment (Q.:–). Nuʿmān states that
issuing legal opinions based on analogy or logical deduction amounts to introduc-
ing innovation (bidʿa) in religion and it contravenes what the Qurʾan has just stated
in the above verse. God also says: Follow what has been sent down to you from your
Lord and do not follow friends to His exclusion. Little you are reminded (Q.:).
Addressing his adversaries Nuʿmān asks, ‘What will you say to God on the Day of
Judgement when your own leaders will disown you for following them?’ Nuʿmān
reminds them that they will face a similar scenario, referred to in the Qurʾan when
the Almighty says: When those who were followed disown those who follow them, and
they see the doom and their cords are severed with them, and those who followed say,
‘If only we might have another turn so that we might disown them, and they have
disowned us!’ (Q.:–)
Nuʿmān then asserts that the Shiʿa follow their Imams as models to be emulated
and to seek their guidance with regards to matters they do not possess knowledge
of. In doing so, they simply obey the commands of God when He says: Ask the
84 For the life and doctrine of Shāfiʿī, see E. Chaumont, ‘al-Shāfiʿī’, EI, vol. , pp. –
.
85 Nuʿmān, Ikhtilāf, p. ; the Arabic reads:
:ihà3W O(z! UKW(]dM û3W ç%+ SeD K3cZ√$! .KW O(z L: SeD =Ö-a! UKe"M `93ap! U1h2%$ C“ïM C9e/'%$ LD Sh2a 5(,!
..Ceö/A! K9> K[%(|A (AX> .C9e/'%$ LD K9hA 1> IGF K9> K%;/W O;/A! Uèƒ1ï bõ, 1> K3c'ÉA
86 It should be noted that Shāfiʿī argued against istiḥsān, see al-Risāla, pp. , ff.; tr.
Al-Shāfiʿī’s Risāla, pp. , ff.
87 Nuʿmān repeated these reports in The Pillars of Islam, vol. , pp. –, wherein he
states: ‘Subsequently, the question of giving formal legal opinions was restricted among the
commonalty to Abū Ḥanīfa, Mālik, and Shāfiʿī.’
The Study of Shiʿi Islam
people [who have] the reminder (ahl al-dhikr) if you do not know (Q.:), and
Obey God and obey the Messenger and those of you who have authority (uliʾl-amr)
(Q.:). The Messenger of God also said, ‘I am leaving among you two things; the
Book of God and my kindred (ʿitratī), the People of my House (ahl baytī). As long
as you will adhere to them, you will never be led astray, because these two shall
never be separated until they return to me at the Pool.’88 Nuʿmān reiterates, ‘The
Imams are the custodians of the secret knowledge of revelation. This knowledge
they pass on from one generation to the next and they do not resort to raʾy, ijtihād,
qiyās or istiḥsān.’
Nuʿmān further clarifies the Ismaili belief about the Imams by distancing himself
from the extreme Shiʿa. He identifies a tradition from Jaʿfar al-Ṣādiq who was asked
about what the Shiʿa say with regards to the Imams. The Imam asked him about it
and the inquisitor said, ‘Some of them say, “The Imam receives revelation”; others
say, “[Divine words] resonate in the Imam’s ear”; others say, “The Imam sees [the
angels] in dreams”; and others say, “The Imam is inspired when he gives his legal
decision”; yet others say, “The Imam is visited by Gabriel.” Which, therefore, of their
assertions should I then take to be the truth, may I be thy ransomed?’ Jaʿfar al-Ṣādiq
said, ‘Praise the Lord, the Exalted, from such statements of the liars and the
ignorant! Do not take anything of what they say as the truth. Rather the things
permitted by us are taken from the Book of God, and likewise are the things
prohibited by us.’89
Nuʿmān reiterates that the uliʾl-amr and ahl al-dhikr are not the fuqahāʾ as they
allege. Nuʿmān then calls the reader’s attention to the Sunni caliphs and remarks,
‘Look at their caliphs, how ignorant they were! Abū Bakr, the first caliph, in his first
public address said, “I have been given authority over you, although I am not the
best among you. If I err, then correct me.”’90 Nuʿmān asks rhetorically, ‘Is it consid-
ered an admirable trait of one who assumes the leadership of the community?’ This
quote infers that Nuʿmān certainly did not believe so. Nuʿmān reports that address-
ing a crowd of people ʿUmar b. al-Khaṭṭāb, the second caliph, once said from the
pulpit, ‘O people, do not overdo what is given to your wives as dowries, for if this
were something to be desired in society or a pious act in the eyes of God, the
Messenger of God would have been the first to act in this way. But he never gave a
dowry in excess of dirhams.’ Thereupon a woman standing among the last rows
of the assembly rose and said, ‘O Commander of the Believers, why do you deny the
rights God granted us? He says: And [if] you have given one of them [your wives] a
large sum, take nothing from it.’ (Q.:) Whereupon ʿUmar lapsed into silence and
could not reply. Then he turned to those present and said, ‘You heard me making an
error and you did not contest it, while a woman has refuted me.’91 Nuʿmān states
that he does not want to elaborate further on ʿUmar’s ignorance about the Qurʾan
and its injunctions. He simply refers to the quote that he himself acknowledged and
88 See n. above.
89 See also The Pillars of Islam, vol. , pp. –; the inquisitor is identified as Sadīr al-
Ṣayrafī.
90 Ibid., vol. , p. ; older sources are indicated there.
91 Ibid., vol. , pp. –.
The Evolution of al-Qāḍī al-Nuʿmān’s Theory
said, ‘But for ʿAlī, ʿUmar would surely have perished.’92 This demonstrates the
situation with their caliphs.
Nuʿmān then cites numerous verses of the Qurʾan that are generally interpreted
by the Shiʿa as referring to the Imams. Let me present some examples. In sūrat al-
nisāʾ He says: Or do they envy the people for what God has given them of His bounty?
(Q.:). Nuʿmān states that ‘the people envied’ are the Imams because God has
bestowed the imamate on them.93 In the same sūra He says: God commands you to
pay back to their owners things entrusted to you and to judge fairly if you judge
between the people (Q.:).94 The fragment ‘to pay back the things entrusted,’ is in
reference to the Imams who return the knowledge, the books and the weapons
entrusted to them and their successors.95 Again in the same sūra He says: O you who
believe, obey God and obey the Messenger and those of you who have authority
(Q.:). The phrase, ‘those of you in authority’ refers to the Imams.96 In sūrat al-
māʾida He says: Your protector is God and His Messenger, and those who believe:
those who perform prayer and pay the zakāt and bow down (Q.:). This verse was
revealed with regard to ʿAlī who was the foremost among the Imams.97 In sūrat al-
ʿankabūt the Almighty says: No. It is clear signs in the breasts of those who have been
given knowledge (Q.:). The phrase, ‘those who have been given knowledge’ is
also in reference to the Imams.98 In sūrat al-raʿd God says: You are simply a warner;
and for every people there is a guide (Q.:). The phrase, ‘You are simply a warner’
refers to the Messenger of God; and in every age there is an Imam from the progeny
of the Prophet to guide the community towards the message brought by him.99 In
sūrat āl ʿImrān He says: Only God knows its interpretation and those who are well
grounded in knowledge (Q.:). Once again, ‘those who are well grounded in
knowledge’ is in reference to the Imams.100 In sūrat al-naḥl He says: Ask the people
[who have] the reminder (Q.:). The expression, ‘the people of the reminder’ is in
reference to the Imams.101 Nuʿmān concludes this chapter and reiterates that what
he has illustrated above is a clear distinction between taqlīd and taṣdīq. The former
consists of blindly following their ‘leaders’ and ‘jurists’ who were not supposed to
[mis]lead them, while the latter consists of giving credence to what is stated in the
Qurʾan and submitting to the appropriate designated authorities for guidance.
At this juncture, I would like add a few comments. The word taqlīd generally
carries the negative connotation of blind following. It plays an important role in the
religious sciences of Islam during the classical period and is a part of any debate
92 Ibid., vol. , p. .
93 Ibid., vol. , p. . Additional sources are indicated there.
94 Nuʿmān clarifies this further in The Pillars of Islam, vol. , p. . He states that the
verse refers to the imamate/caliphate; hence it means when the Imams gain political power,
they should rule the domain equitably.
95 For details, see ibid.
96 Ibid., p. .
97 Ibid.
98 Ibid, p. . Older sources are indicated there.
99 Ibid.
100 Ibid., p. .
101 Ibid., pp. , , .
The Study of Shiʿi Islam
concerning authority and epistemology from the earliest of times to modern Islamic
discourse.102 As noted above by Nuʿmān, al-Muzanī (d. /, Shāfiʿī’s chief
disciple and an outstanding jurist and dialectician) confirms that his master had
prohibited taqlīd of either himself or other jurisconsults (muftīs).103 This statement
of Shāfiʿī implies that a learned faqīh should not simply follow his opinions but
should understand his arguments and the basis for expressing such a view. However,
Nuʿmān glosses over the implications of Shāfiʿī’s statement and for the sake of his
argument only presents it as a warning against taqlīd. It should be noted that
Shāfiʿī’s distrust of taqlīd in juristic matters is reflected in the works of the Ẓāhirī
school’s jurist, Ibn Ḥazm. In al-Iḥkām, Ibn Ḥazm states that one should return to
the evident meaning of the tradition and should not follow the traditional authori-
ties, which he refers to as taqlīd.104 Ibn Qutayba, a staunch traditionist, is very
cautious in his selection of words when he compares and contrasts the views of the
aṣḥāb al-kalām wa-aṣḥāb al-raʾy (i.e., the rationalists, the Muʿtazila) and the aṣḥāb
al-ḥadīth (traditionists). In describing how the latter group achieved consensus on
the basic principles of faith through revelation and submission to the acknowledged
authorities of the ʿulamāʾ and the fuqahāʾ, Ibn Qutayba avoids use of the word
taqlīd. On the other hand, he accuses the Muʿtazila of labelling others as the
followers of traditional authorities (yattahimūna ghayrahum fiʾl-naql), since it was
against their rational principle of ʿaql.105 Also one should differentiate between
taqlīd in juristic matters and taqlīd in credal matters, but this matter is beyond the
scope of this chapter.
An Account of Aṣḥāb al-ijmāʿ and their Refutation106
The Sunni schools of jurisprudence maintain that the doctrine of ijmāʿ is one of the
fundamental principles of Islamic law and therefore must be followed and obeyed.
102 N. Calder, EI, ‘Taḳlīd’, vol. , pp. –.
103 Ibid; see also Hallaq, ‘Was al-Shāfiʿī the Master Architect of Islamic Jurisprudence?’ pp.
–, , ; Hallaq, History, p. .
104 Ibn Ḥazm, al-Iḥkām fī uṣūl al-aḥkām, vol. , al-Bāb al-sādis waʾl-thalālūn fī ibṭāl al-
taqlīd. In this long chapter entitled ‘On invalidating blind imitation’ (p. ), Ibn Ḥazm states:
KeD(> 5\M 5!-c|: UK2: 5;3A(: UK2D 5;"(A UC9e/'e% 5;eÑc: $!Ceöz La#%$ è(h/[%$ L: (A-,+ (: bõ, 5\M $#" L: 1[&a!
..-98 C9e/Z! .C9e/Z LD Å(2%$ ShA KAYM 13>(q%$ LD 1An(4%$ LD 10(/%$ iekM LD 1<(c%$ LD w(4v (2tC\v Cz! .b•(W SeD
b"M L: l;9c%(W ieDM B2aC4%$ b"M C3W CvM ”9% :ik(/%$ LW$ K% O(z! (ñ&%(: ^ _ 34k :O(z … B4ek LW L4v-%$ CcD (2tC\v!
O(z »i" (hA;4e3a {9&> U(AM (h4eDM (: :ç%(: O(z .Keg%$ CcD (WM (a Uç2: :O(z »ç%+ $;4eD LaM L: :ç%(: K% O(z .-P:
@D Keg%$ O;z ç%+ L4> »C9e/'%$ O(ÑWF L: KW(', 1> ~ ‘ A (4W ç%+ 1> ih%;z LD S%(3Z Keg%$ (A(28M Cz! U{9, :C4]: ;WM
E6;k] Ùf Î ;c¥&Í2Û3œ%È◊ ^ _ 9Ìc‰%Ú f Î ;9¥c¥%$ Lœ"Ò!‚M· 5“F!Ô ('Ó9ÌWù fÄ #Ï| € Z⁄◊ fÎ ;c¥&Í23œ%È◊ bËT÷4œ,Á èÊ(Â9‰%„!‚M· KŸe‡%◊ 5fl!=fi L:Ÿ $›!#‹|
€ Z⁄◊ Lœa#Ÿ%ÿ◊ bÇT÷:ù’ :bõ<!
E6;k] Ù5' ;4…eÕî˝3œ%È◊ IG& F (% îhÔe$ /Õ3–aù (:ù!Ô #Å(2" e%„ (hÔWp-! à
ˇ A˛ bÇî˝T÷:¸u˚G˙◊ ç
˘ e›Z„!Ô’ :Ba≤G$ .#" -tM SeD S%(3Z Keg%$ O(z it .[ıˆ:˜¯ f;c&23%$
.[ı(:˜¯ f;c&23%$
105 Ibn Qutayba, Taʾwīl mukhtalaf al-ḥadīth (Beirut, ), pp. –.
106 For the concept of ijmāʿ see M. Bernard, ‘Idjmāʿ’, EI, vol. , pp. –; Hallaq,
History, passim; Hallaq, Origins, passim.
The Evolution of al-Qāḍī al-Nuʿmān’s Theory
They consider it unlawful to oppose ijmāʿ. Thus, some jurists who assert this
position, Nuʿmān states, consider those who dissent from their view as infidels.
Their argument for the justification of the doctrine of ijmāʿ is chiefly based on their
interpretation of the term umma, which occurs in the Qurʾan on several occasions.
The verses generally cited to legitimise ijmāʿ are as follows. God says: Thus We have
made you a moderate community (ummatan wasaṭan) for you to be witnesses
(shuhadāʾ) to the people and for the Messenger to be a witness to you (Q.:). In
another passage He says: He has chosen you and has not laid upon you any difficulty
in your religion, the faith of your forefather Abraham. He has named you ‘those who
surrender’ (al-muslimīn) both previously and in this [Recitation], that the Messenger
may be a witness (shahīdan) against you and that you may be witnesses (shuhadāʾ)
against the rest of mankind (Q.:).107 He also states: Those who believe in God and
His messengers – they are the loyal ones (ṣiddīqūn) and the witnesses (shuhadāʾ) with
their Lord (Q.:). He further says: You are the best community (khayra ummatin)
brought forth for the people. You enjoin what is reputable and you forbid what is
disreputable and you believe in God (Q.:).
Consequently, the Sunnis allege that the word umma, mentioned by God in His
Book refers to the community of Muḥammad and made to bear witness (shuhadāʾ)
to the entire Muslim community. They further allege that the word muʾminīn (i.e.,
the active participle of those who believe in God and His messengers), mentioned in
the above verse and further characterised by two additional traits of being ṣiddīqīn
and shuhadāʾ, also applies to the entire Muslim community. Nuʿmān unequivocally
disagrees with these sweeping generalisations and argues that it is ridiculous,
irrational and unbelievable that the whole Muslim community can be characterised
as muʾminīn, ṣiddīqīn and shuhadāʾ, for the simple reason that any community is
comprised of a variety of people, good and evil, learned and ignorant, guided and
misguided, gracious and barbaric, and obedient and rebellious. According to
Nuʿmān, all those categories of people cannot be identified as honest and righteous,
or with the traits mentioned in the Qurʾan.
Nuʿmān adds that when God characterised the community of Muḥammad as ‘a
moderate community,’ certainly He meant that it possesses the characteristics of
justice, fairness and honesty. If that is the case, Nuʿmān asks, ‘How can certain
jurists assert that all Muslims are qualified to be included in the community of
Muḥammad?’ Nuʿmān continues that the aforementioned verse further characteris-
es the community of Muḥammad as one, which invites people to goodness – enjoins
what is approved and forbids the opposite (taʾmurūna biʾl-maʿrūf wa-tanhawna ʿan
al-munkar). Thus, how can one who is deficient in those characteristics be counted
as representing the community, which the Almighty has described, when in fact he
represents quite the contrary of what God has stipulated for that community?
Nuʿmān states that if the jurists believe that the above verse pertained to all the
Muslims then it carries serious implications for God’s justice. For example, when the
107 I have preferred George Sale’s translation, The Koran: Translated into English from the
Original Arabic, with an introduction by Sir Edward Denison Ross (London, n.d.), p. .
Alan Jones translation of this verse is incorrect. Richard Bell, Yusuf Ali and A. J. Arberry have
also rendered it correctly.
The Study of Shiʿi Islam
testimony of some Muslims is unacceptable even in the matter of a small measure of
dates, how could they act as a witness for mankind on the Day of Judgement?
Nuʿmān asserts that it will be a mockery of God’s justice and certainly it cannot
happen.
Elsewhere in the Qurʾan concerning the issue of the community, there is the
verse about which Abraham had prayed, God says: You are the best community
(khayra ummatin) brought forth for the people (Q.:). If God had meant by this
verse that all Muslims were ‘the best community’, then it would not have been clear
about which people the Muslims had been brought forth. God never intended for
those who are considered to be riff-raff and rabble to be counted among the
community of Muḥammad.
Nuʿmān then proceeds by explaining the linguistic meaning and the Qurʾanic
usage of the term umma. He argues that in addition to being a collective noun, the
word umma is also applied to a single person. A good example of such a usage in the
Qurʾan is when God states: Abraham was a nation obedient (ummatan qānitan) to
God (Q.:).108 Nuʿmān further demonstrates from its Qurʾanic usage that the
word umma has multiple nuances and is used with different meanings and in
different contexts. In addition to denoting a community of humans, it also repre-
sents a community of beasts and birds. For example God states: There is no beast in
the earth nor bird that flies with its wings but they are communities (umam) like you
(Q.:). In another sūra He says: The people were one community (ummatan
wāḥidatan) (Q.:). In the chapter on Joseph, it is used to indicate a period of
unspecified time. God states: The one of the two who had been saved [now] remem-
bered after a time (baʿda ummatin) (Q.:). Nuʿmān also points out that some
people without naming them, on the other hand, argue that the word umma means
a group of the ʿulamāʾ and not the whole community. To support their contention,
they cite the Qurʾanic verse, which states: Let there be a community from you,
summoning [people] to good (waʾl-takun minkum ummatun yadʿūna ilaʾl-khayr)
(Q.:).
Marshalling his evidence from the Qurʾan, Nuʿmān argues further that the above
positive description of the umma cannot be extended to include a great majority of
the Muslim community. The plurality of the people is generally negatively charac-
terised in the Qurʾan. For example, God says: Except those who believe [in God] and
do good works, and they are few (qalīlun mā hum) (Q.:); But most of them are
ignorant (aktharahum yajhalūn) (Q.:); and But most of them do not know
(aktharahum lā yaʿlamūn) (Q.:, :, :, :, :, :, :, :);
and Most of them do not understand (aktharahum lā yaʿqilūn) (Q.:, :); and
But they are not aware (wa-mā yashʿurūn) (Q.:, :, :, ); and But most of
the people are not believers (wa-mā akthar al-nās bi-muʾminīn), even if you are eager
for that (Q.:); and And most of them do not believe in God (aktharuhum
mushrikūn) unless they associate others with Him (Q.:).
108 I have preferred Marmaduke Pickthall’s translation in The Meaning of The Glorious
Koran: An Explanatory Translation (London, ) to retain the word umma. Jones has
translated the umma as ‘an example’. See also Nuʿmān, The Pillars of Islam, vol. . pp. ff.
The Evolution of al-Qāḍī al-Nuʿmān’s Theory
Finally, Nuʿmān argues that the word umma, used to indicate the community of
Muḥammad in the above verses with positive traits, is the community that solely
constitutes the members of the Prophet’s family and the Imams from their progeny.
Nuʿmān adds that the word of God is the most veracious of those that speak in this
matter. He then connects the emergence of the Muslim community (that is, submis-
sive to God’s commands), in its strict and narrow sense, to the prayer of Abraham
and Ishmael. Nuʿmān knows very well how Abraham is portrayed in the Qurʾan. It
says: Abraham was neither a Jew nor a Christian. He was a man of pure faith, one
who surrendered. He was not one of those who associate others with God (Q.:).
Nuʿmān thereafter elaborates on the prayers of Abraham and God’s response in the
following verses when God says: When Abraham was tested by his Lord with certain
words, and he fulfilled them. God said, ‘I am making you a leader for the people.’
Abraham said, ‘And of my seed?’ God replied, ‘My covenant does not extend to those
who do wrong’ … And when Abraham and Ishmael were raising the foundations of the
house, [Abraham said], ‘Our Lord, accept [this] from us … and make from our seed a
community that will surrender to You’ (Q.:–).
Nuʿmān adds that God responded to the supplication of Abraham and Ishmael
by establishing from their seed a community submissive to God, and to send them a
messenger from among them, that is, from that submissive community, a messenger
who would recite His signs to them, and purify them and instruct them in the Book
and wisdom.109 This, according to Nuʿmān, constitutes irrefutable evidence, which
demonstrates that the Imams and the Muslim community to which Muḥammad
was sent can only be from the progeny of Abraham and Ishmael. To further support
his contention, Nuʿmān cites additional verses from sūrat al-Baqara to demonstrate
that the Ahl al-bayt are the intended people of the joint prayer of Abraham and
Ishmael (Q.:–), because in addition to the Messenger of God, his Ahl al-
bayt, that is ʿAlī, Fāṭima, Ḥasan and Ḥusayn, did not serve idols.
Nuʿmān concludes this chapter by drawing the reader’s attention to another
dimension of the Qurʾanic studies, namely that certain words such as umma, are
often used in a ‘general sense’ (maʿnā ʿāmma), but a ‘specific meaning’ (maʿnā
khāṣṣa) is sometimes intended.110 Space and time do not permit me to go into more
of the details elaborated by Nuʿmān in the two additional chapters on ijmāʿ. Briefly,
109 See also Nuʿmān, The Pillars of Islam, vol. , pp. ff.
110 Nuʿmān, Ikhtilāf, p. ; he states:
L: ç%+ -98 1> Å(2%$! L92:£4%$! B:VuG$ 1> ç%+ (29åW (4, ihà3W SeD o/a! Uiheö, ih9eD o/a BD(4ó%$ ik$ 5(, $+F
.¨
‘ (|%$ KW =$-a *#%$ w(3%$
According to Shāfiʿī it is: the explicit general declaration of the Book intended to be all
particular.
.)¨(|%$ KŸeö, KW =$-ap !-"(ú%$ w(D )('&%$ L: O@A (: 5(9W
See Shāfiʿī, al-Risāla, pp. –; tr. Al-Shāfiʿī’s Risāla, pp. –. See also al-Suyūṭī, al-Itqān
fī ʿulūm al-Qurʾān, ed. Muḥammad Abuʾl-Faḍl (Beirut, ), vol. , pp. –; he states:
Bh< L: IG! U*[e%$ O!(2Z Bh< L: IG U=$->uG$ o94ó% K%;4ï =-a i% UK:;4D SeD 1z(c%$ :O!uG$ :w(JzM BtRQt SeD w(3%$
L: =$->uG$ o94ó% K%;4ï! K:;4D Ca6M+ U¨;P|%$ KW =$-4%$ w(3%$ :1A(T%$! .(h2: =-> 1> b43'k$ =$->M !+ ;" bW Ui&]%$
.¨;P|4%$ w(3%$ :Ω%(T%$! .i&]%$ Bh< L: IG U(h% *[e%$ O!(2Z Bh<
The Study of Shiʿi Islam
a wide variety of opinions regarding the modes of its justification (ḥujjiyya) which
existed at that time are enumerated and refuted by Nuʿmān. Unfortunately, most of
the early sources on this subject did not survive. Between Shāfiʿī’s Risāla and
Nuʿmān’s work there is a gap of more than a century. In the opinion of this writer,
the importance of Nuʿmān’s work, therefore, lies in the fact that it fills a major
lacuna in our knowledge about that period. The Ikhtilāf presents a variegated
picture that had not yet clearly emerged. Therefore it is worthwhile to give a
summary of what the Ikhtilāf depicts in those two chapters. Let me first state that
the overwhelming view one gets from reading the Ikhtilāf is that the facts on the
ground were quite different from what one is made to believe by the later sources. In
several ways the situation was fluid and a wide variety of opinions circulated as
depicted by Hallaq first in his History and later in his Origins. The importance
traditionally given to Shāfiʿī’s Risāla in the development of the science of uṣūl al-fiqh
seems to be overstated. The Risāla, in the words of Chaumont, remained a dead
letter for more than a century.111
There was a lot of discord among the jurists concerning the evidence, generally
known in Arabic sources as the ḥujjiyya, on which the ijmāʿ should be established.
Some jurists asserted that it should only be predicated on the textual evidence of the
Qurʾan and the sunna, while others maintained that it should be based on the ijmāʿ
of the Companions only because of their precedence in accepting Islam and their
pre-eminence over the later generations of Muslims. Jurists further argued that it
was this group that the Qurʾanic references with the traits of al-shuhadāʾ, al-ṣiddīqīn
and ummatan wasaṭan refer to.
Other jurists debated the definition of ijmāʿ – should it be defined as a consensus
of all the Muslims, or only of one group rather than another? Yet others argued that
it should be restricted to the agreement/consensus of a few, rather than extending it
to include the majority, because the majority of the people are ignorant. Those who
argued that ijmāʿ was inclusive cited a tradition of the Prophet that states, ‘God’s
hand is with the majority.’112 They also report another tradition which states,
‘Indeed, Satan is in the [company of] one [person], but he is far removed from [the
company of] two or more people.’113 Nuʿmān adds that this is precisely the belief of
111 Chaumont, ‘al-Shāfiʿī;’ Hallaq, ‘Was al-Shāfiʿī the Master Architect?’
112 BD(4ó%$ SeD Keg%$ Ca. It is transmitted by Tirmidhī and Nasāʾī. Wensinck, Concordance, s.v.
j-m-ʿ. Ibn Qutayba, Taʾwīl mukhtalaf al-ḥadīth, p. .
113 Nuʿmān, Ikhtilāf, p. ; he states:
.C3WM L92tIG$ L: ;"! UCv$;%$ o: 5(Ñ9q%$ 5X> BD(4ó%(W i&9eD!
In the aḥādīth sources it reads:
.Cv$;%$ o: 5(Ñ9q%$ 5F !M UBD(4ó%$ æ6(> L: o: 5(Ñ9q%$
This tradition is transmitted by Ibn Ḥanbal, Tirmidhī and Nasāʾī. Wensinck, Concordance, s.v.
j-m-ʿ; sh-ṭ-n. See also Shāfiʿī, al-Risāla, p. ; tr. al-Shāfiʿī’s Risāla, p. ; Shāfiʿī, Kitāb al-
umm (Beirut, ), vol. , p. ; he states:
.C3WM L92tIG$ L: ;"! U,#[%$ o: 5(Ñ9q%$ 5X> UBD(4ó%$ w@e9e> …
The Evolution of al-Qāḍī al-Nuʿmān’s Theory
the Ḥashwiyya114 and the Nawāṣib.115 Then, Nuʿmān indicates that there are those
who limit the application of the term umma to a smaller group within the commu-
nity. To vindicate their contention they cite verses from the Qurʾan that equate the
majority of the people with negative attributes.
Without giving specific names, Nuʿmān states that some people from Baghdad
argue that ijmāʿ should be established by naql, that is, based on sound reports
transmitted by uninterrupted authorities dating back to the Prophet. This group
asserts that ijmāʿ cannot be based on raʾy, ijtihād or qiyās. Yet, others from Baghdad
assert that ijmāʿ can be established only when all the Muslims (ahl al-qibla) agree on
a particular matter/issue. If just one person dissents from their view, that ijmāʿ is
nullified. Some others argue against such a rigid position and maintained that a
consensus arrived at by a majority is valid despite disagreement from one person or
a small group of people.
Another disagreement among Muslims that Nuʿmān identifies concerned the
time when ijmāʿ had been achieved. Was it at the end of each century, or by each
generation? Does a living jurist’s agreement or disagreement count, or does the
jurist’s opinion only count after his death? The rationale behind such reasoning,
Nuʿmān adds, is the probability that a living jurist might change his mind and
revoke his agreement at any time as we have previously noted in the cases of both
Abū Ḥanīfa and Shāfiʿī. Others claimed that ijmāʿ was successfully achieved by
every generation or during each era even if it diverged from that of the previous
generation or era.
Another disagreement ensued concerning ijmāʿ and its relation to a location or
region. Mālik b. Anas and his followers alleged that the Muslims should follow the
people of Medina because it was the Messenger of God’s abode (dār al-hijra)
following his emigration to Medina. Consequently, the people of Medina were more
knowledgeable than any other group about the sunna of the Messenger of God.116
Nuʿmān flatly rejects this justification and cites several Qurʾanic verses to illustrate
that Medina was inhabited and surrounded by all sorts of people (i.e., Bedouins,
hypocrites and the Jews). It is reported that Mālik once visited Iraq, and in some of
his remarks he belittled the inhabitants of Iraq for their lack of religious knowledge
(ʿilm, i.e., knowledge of the textual sources of Islam). Some of those who heard
Mālik’s criticism retorted by saying that a number of the Companions, such as ʿAlī
114 Ḥashwiyya is a contemptuous term with the meaning of ‘scholars’ of little worth,
particularly ultra-traditionists (aṣḥāb al-ḥadīth/ahl al-ḥadīth) who interpret the Qurʾan and
ḥadīth literally in anthropomorphic language. Editor/s, ‘Ḥashwiyya’, EI, vol. , p. ; A. S.
Halkin, ‘The Ḥashwiyya’, JAOS, (), pp. –.
115 In his Kitāb al-zīna (MS collection of Asghar Ali Engineer’s father, Bombay, fols. –
), Abū Ḥātim al-Rāzī states that the Prophet appointed (naṣaba) ʿAlī as his successor at
Ghadīr al-Khumm, but the Muslims displayed enmity towards him (nāṣaba) after the death
of the Prophet and appointed someone other than ʿAlī to succeed the Prophet. The term is
therefore applied to those who bear hatred towards the family of the Prophet. However,
according to Sunni sources the above appellation applies to the Khawārij who made it a
matter of religious obligation to bear hatred towards ʿAlī. See also Nuʿmān, Daʿāʾim, The
Pillars of Islam, vol. , pp. –.
116 See Shāfiʿī, Kitāb al-umm, chapter on ikhtilāf Mālik waʾl-Shāfiʿī, vol. , pp. ff.
The Study of Shiʿi Islam
b. Abī Ṭālib, ʿAbd Allāh b. ʿAbbās117 and ʿAbd Allāh b. Masʿūd118 lived among them.
So they did not lack the knowledge (ʿilm) that Mālik claimed. In his rejoinder Mālik
reported a concocted tradition which states: ‘Indeed, Medina exiles/ejects her
wicked people as a blacksmith’s bellows blow away the impurities of iron ore.’119
Nuʿmān adds that Mālik not only lied but also fabricated the above tradition and
ascribed it to the Messenger of God. Similarly, others made the same claims
asserting that their definition of ijmāʿ was the only valid one. Such was the case with
the people of the Ḥijāz that comprised the inhabitants of the two ḥarams, Mecca
and Medina. The people of Iraq, namely the people of Kūfa and Baṣra, made similar
claims. All those people based their claims on the fact that many of the Companions
lived in those cities. Some people, on the other hand, maintained that the valid ijmāʿ
is the one that was agreed upon by Mālik, Abū Ḥanīfa, Shāfiʿī, Awzāʿī120 and their
followers.
Nuʿmān concludes his discussion concerning ijmāʿ with a popular tradition of
the Messenger of God, which is cited by almost all the heresiographers.121 It states:
‘The Israelites were divided into sects and my community will be divided into
sects, only one group will be redeemed while the rest will perish.’ People asked the
Prophet, ‘Which is the group that will be saved?’ And he replied, ‘Ahl al-sunna waʾl-
jamāʿa.’ Thereupon people further asked him, ‘What is the sunna and what is the
jamāʿa?’ He responded, ‘That is what I myself and my Companions follow and
practise today.’122 Nuʿmān asserts that not a single Companion exercised either raʾy,
qiyās, naẓar, istiḥsān, ijtihād or istidlāl with respect to dīn Allāh, that is, Islam, as
long as the Messenger of God was alive. Nuʿmān further affirms that he and his
group, namely, the Shiʿa-Ismailis, are the true representatives of Ahl al-sunna waʾl-
jamāʿa because they have adhered both to the sunna of the Messenger of God and
his jamāʿa, that is, the Ahl al-bayt and the rightful Imams.123
117 He is considered one of the greatest scholars of the first generation of Muslims. L.
Veccia Vaglieri, ‘ʿAbd Allāh b. al-ʿAbbās’, EI, vol. , pp. –.
118 He was a Companion of the Prophet and reader of the Qurʾan. J. Vadet, ‘Ibn Masʿūd’,
EI, vol. , pp. –.
119 Nuʿmān, Ikhtilāf, pp. –; it states:
.CaC]%$ -Ωc‰?€ -¥9&%$ 1[2Z (4, (hTc? 1[2Z B2aC4%$ 5F :O(z K%ê SeD! K9eD Keg%$ Sed Keg%$ O;k6 5F Uç%(: O(/>
It is transmitted by Bukhārī, Abū Dāwūd, Nasāʾī, Ibn Māja, Mālik and Ibn Ḥanbal, see
Wensinck, Concordance, s.v. kh-b-th. It states:
.CaC]%$ Ω
- c? -¥9&%$ 1[2a (4, Å
. (2%$ 1[2Z B2aC4%$
120 He was the main representative of the ancient Syrian school of Islamic law. Joseph
Schacht, ‘Awzāʿī’, EI, vol. , p. –; Hallaq, Origins, pp. , , , , .
121 See, for example, ʿAbd al-Qāhir al-Baghdādī, al-Farq bayn al-firaq, ed. Muḥammad
Muḥy al-Dīn (Cairo, n.d.), pp. –; Muḥammad ʿAbd al-Karīm al-Shahrastānī, Kitāb al-milal
waʾl-niḥal, ed. ʿAbd al-ʿAzīz Muḥammad al-Wakīl (Cairo, ), p. .
122 This tradition is transmitted with a slight variation of words by Abū Dāwūd, Tirmidhī,
Ibn Māja, Ibn Ḥanbal, Wensinck, Concordance, s.v. j-m-ʿ; f-r-q.
123 In his Kitāb al-zīna (see ʿAbd Allāh al-Sāmarrāʾī, al-Ghuluww waʾl-firaq al-ghāliya fiʾl-
ḥaḍāra al-Islāmiyya, Baghdad, , pp. –), Abū Ḥātim al-Rāzī also makes the claim
that he and his group belong to the ahl al-sunna waʾl-jamāʿa.
The Evolution of al-Qāḍī al-Nuʿmān’s Theory
Let me add a few comments on the concept of ijmāʿ, ranked as the third
principle, but in practice is the most important underpinning in Islamic law
according to the classical theory of uṣūl al-fiqh. In fact the two scriptural sources –
the text of Qurʾan and sunna – in the final analysis were authenticated through
ijmāʿ.124 Thus, ijmāʿ takes precedence over both the Qurʾan and the sunna. In theory
ijmāʿ is defined as the unanimous agreement/consensus of the Muslim community
on a particular ḥukm (legal ruling) imposed by God. Technically, however, it is the
consensus of the recognised jurists at a given time in history. Historically, the
concept of ijmāʿ as a source of law and a tool validating a ḥukm in light of the truth
given by the Qurʾan and the sunna of the Prophet arose out of the growing need of
the community, especially after the conquests and the increasing pressures brought
on the community by the sectarian dissensions within Islam. The need for such a
principle was necessary following the Prophet’s death because the point of reference
in legislative matters, that is, the Messenger of God, the source of revelation, was no
longer alive for the community to resort to for a resolution of their problems.
The idea was most probably given its theoretical formulations during the nd/th
century. The definition of ijmāʿ as a source of law, therefore, raised the question of
the probative validity (ḥujjiyya) of its very existence. In his Kitāb uṣūl al-dīn, ʿAbd
al-Qāhir al-Baghdādī acknowledges that ijmāʿ for the purposes of al-ḥukm al-sharʿī
(a legal ruling based on the sharīʿa) is limited to the ijmāʿ of the community during
a specified period of time. The basis of it, he adds is the tradition of the Prophet that
states, ‘My community will never agree on error.’125 Al-Baghdādī further states that
the Khawārij and the Muʿtazilī theologian al-Naẓẓām rejected the very concept of
ijmāʿ.126
Credit for the development of the concept of ijmāʿ is generally attributed to
Shāfiʿī when he questioned the idea of the Medinan consensus by indicating the
imprecise nature of their concept of ‘the usage of Medina’. Thenceforth, Shāfiʿī
replaced the Mālikī ijmāʿ, which was merely an affirmation of an existing practice
and reality that prevailed in Medina, with his assertion of a basic truth of the
infallibility of the unanimous pronouncements of the Muslim community.127
124 Fazlur Rahman, Islam (London, ), p. ; Hallaq, Origins, pp. ff.; Hallaq,
History, pp. ff.
125 ʿAbd al-Qāhir al-Baghdādī, Kitāb uṣūl al-dīn (Istanbul, ), p. ; he states:
(hAX> U1D-ï i&v SeD B:VuG$ .#" 6(PDM L: -—PD b"M l(4<F SeD 6/ ;P/4> 1D-q%$ i&]%$ 1> -c'34%$ l(4<áG$ (:VM!
.Bƒ%RQ0 SeD o4'óZ IG
The tradition transmitted by Ibn Māja (Wensinck, Concordance, s.v. j-m-ʿ) states:
.Bƒ%RQ0 SeD o4'óZ IG 1':VM 5\F
126 Al-Baghdādī, Kitāb uṣūl al-dīn, p. . According to Abuʾl-Ḥusayn ʿAlī al-Ashʿarī,
Maqālāt al-Islāmiyyīn, ed. H. Ritter (nd ed., Wiesbaden, ), p. , the majority of
people agreed that ijmāʿ is possible while ʿAbbād (b. Sulaymān) maintained that the commu-
nity can never come to terms on a matter over which they disagreed. W. Montgomery Watt,
‘ʿAbbād b. Sulaymān’, EI, vol. , pp. –; Josef van Ess, ‘al-Naẓẓām’, EI, vol. , pp. –
.
127 Shāfiʿī, Kitāb al-umm, vol. , pp. ff.; the chapter is entitled Kitāb ikhtilāf Mālik
waʾl-Shāfiʿī.
The Study of Shiʿi Islam
Unfortunately, we do not have the sources at our disposal to trace the history of the
development of ijmāʿ as a juridical source and other technical issues related to it,
such as the ḥujjiyya and the method by which an agreement is reached, especially
during the intervening period of roughly a century and a half after the death of
Shāfiʿī and al-Qāḍī al-Nuʿmān’s Ikhtilāf uṣūl al-madhāhib, composed around the
middle of the th/th century. Another issue of debate was related to the question,
‘Can an agreement be reached by word, or deed, or can it be explicitly stated, or
simply indicated by one’s silence.’ Herein lies the importance of Nuʿmān’s work,
which provides us with a vivid picture of the prevailing currents and counter
currents at the time of its composition in the Islamic world.
For the Muʿtazila, who uphold the primacy of reason and with their predisposi-
tion towards ethics rather than logic, the principle of ijmāʿ was no more than an
ethical theory left to the individual believer and his personal convictions. In his al-
Mughnī fī abwāb al-tawḥīd, al-Qāḍī ʿAbd al-Jabbār takes over the objection raised
by al-Naẓẓām, without mentioning his name, and states:
As for the demonstration of the legal validity of ijmāʿ by reason, it is impossible.
Because no evidence can demonstrate that a certain group of people is immune to
error in their words or deeds, just as nothing can prove it for each matter of
religious obligation. Moreover, there is a distinction between the person who
imposes the validity of ijmāʿ by means of reason and the person who decides the
probative value of disagreement, or ascribes the probative value to the statement
of each individual. And this [validity of ijmāʿ] is greater in corruption [of public
and private life] than the unquestioning acceptance of a doctrine whose validity
we have demonstrated before.128
For Ibn Ḥazm, a representative of the Ẓāhirī school, ijmāʿ was only limited to the
Companions.129 His system of jurisprudence rejects the use of qiyās and insists on
proof texts, that is, the Qurʾan and the sunna. He, therefore, can permit ijmāʿ that is
derived either from a revealed text or the sunna of the Prophet. One can state that
the technical issues do not carry much weight in his system because ijmāʿ is more or
less reabsorbed by the Qurʾan and the sunna. The expression uluʾl-amr that is often
used by Ibn Ḥazm, indicates that the commanders and scholars, at any given time,
ought to guide the community by imposing those things which God and His
Messenger have commanded. Therefore the problem of the successive generations is
128 Al-Qāḍī ʿAbd al-Jabbār, al-Mughnī fī abwāb al-tawḥīd: al-sharʿiyyāt, vol. (being a
pirated ed., the name of the editor, publisher and year of publication are unavailable), p. .
The Arabic reads as follows:
IG ihAM SeD Bd;P|: BD(4< 1> OÖCa b9%= IG KAuG UCÃ93c> Ub/3%$ Bh< L: l(4<áG$ B]
´ d SeD OIGC'kIG$ (:Vs>
5;, `<!M L: L9W æ-> RQ> .L9[eö&4%$ L: Cv$! bõ, 1> ç%+ SeD OÖCa b9%= IG (4, U5;%;/a! 5;e43a (49> 5;§Ñ|a
C9e/'%$ L: $y=(J> iúDM $#"! .Bó
´ v {eö&: bõ, O;z b3< !M UBó
´ v rRQ|%$ 5;, `<!M L: L9W! RíQ/D Bó
´ v l(4<áG$
.KARQÑW SeD bcz L: (2e%= *#%$
129 Ibn Ḥazm, al-Iḥkām fī uṣūl al-aḥkām, vol. , pp. ff. It is the nd chapter with over
pages and is entitled: l(4<áG$ b/2a {9,! Ul(4<áG$ 5;&a è1ï *
j M LD! Ul(4<áG$ 1>
The Evolution of al-Qāḍī al-Nuʿmān’s Theory
resolved and the need to verify the opinions of the whole community in every
generation also does not arise with the approach of Ibn Ḥazm.
The Ḥanafīs denounced the Ẓāhirī position. Both Bazdawī130 and al-Sarakhsī131
criticise the weakness of the arguments presented by the Ẓāhirīs. Al-Bazdawī,
clarifying the import of umma, states that the umma is understood as only those
who have not adopted ahwāʾ (pernicious doctrines) and bidaʿ (innovations).132
Once the question of what constitutes ijmāʿ is resolved, the issue of the method by
which it has arrived at may be tackled. There also is a difference in opinion among
the jurists of this school. The differing views state that an agreement on a particular
issue can be arrived at by either word (or pronouncement) or deed (or act), and it
can be either explicit or indicated by simply observing silence. Since ijmāʿ is a
judicial source that allows for the formulation of solutions to new problems that
might arise, it is conditioned by the passing of time during which a fresh ijmāʿ is
formed.
This conditioning process raises another important and vexing question as to
whether the formulation of a new ijmāʿ requires the disappearance of the past
generation or not. Opinions of the major schools are at odds with each other on this
issue. For the Mālikīs and the Ẓāhirīs it is not a problem, but the situation varies
with other schools. According to Āmidī and his master Shāfiʿī, Abū Ḥanīfa, the
Ashāʿira and the Muʿtazila, extinction of a generation was not a necessary condition
for the formulation of a new ijmāʿ.133 But, for Ibn Ḥanbal, the formulation of a new
ijmāʿ is subject to the total disappearance of the past generation.134 For al-Sarakhsī
the disappearance of the generation is not critical because he states that generations
overlap and it is not possible to distinguish the end of one from the beginning of the
next.135 Ghazālī, on the other hand, suggests that the existence of ijmāʿ occurs when
an agreement has taken place, even if only for an instant.136 In short, ijmāʿ was a
powerful and useful source to introduce change into the prevailing status quo.
130 He is ʿAlī b. Muḥammad b. al-Ḥusayn al-Pazdawī. His Uṣūl is printed with ʿAlāʾ al-Dīn
al-Bukhārī’s Kashf al-asrār (reprint, Beirut, /).
131 Muḥammad b. Aḥmad al-Sarakhsī was a Ḥanafī jurist of the th/th century. N.
Calder, ‘al-Sarakhsī’, EI, vol. , pp. –.
132 Al-Ashʿarī, Maqālāt al-Islāmiyyīn, p. , states that people differed as to whether the
discord of ahl al-ahwāʾ concerning the aḥkām counts or not.
133 Al-Āmidī (d. /), a theologian, was a Ḥanbalī and later became a Shāfiʿī. D.
Sourdel, ‘al-Āmidī’, EI, vol. , p. .
134 Al-Āmidī, al-Iḥkām fī uṣūl al-aḥkām (Beirut, ), vol. , p. ff.
135 Al-Sarakhsī, Uṣūl al-Sarakhsī, ed. Abuʾl-Wafāʾ al-Afghānī (Hyderabad, –),
vol. , p. .
136 Al-Ghazālī, al-Mustaṣfā min ʿilm al-uṣūl (Beirut, ), vol. , p. .
The Study of Shiʿi Islam
An Account of those who Maintain the Doctrine of Naẓar and their
Refutation137
Those who maintain this doctrine state that they resort to naẓar and rational
argument only for those things that have not been explicitly specified either in the
Qurʾan or the sunna of the Messenger of God. On the other hand, they affirm that
whatever is specified in the Book they accept it as commanded by Allāh: Whatever
the Messenger gives you, take it. Whatever he forbids you to have, leave it alone
(Q.:). Moreover, they state that if a particular issue could not be validated
through the use of naẓar they would not accept it. Nuʿmān refutes their claim by
asserting that rational arguments are not permitted in religious matters. The Qurʾan
addresses all things and neglects nothing that is an essential part of religion and
human life.138 The Messenger of God also said: ‘Follow [me] and do not innovate.’139
Their main argument for the justification of the use of naẓar is based on two
Qurʾanic verses that state: And in yourselves, do you not see? (Q.:)140 and
Reflect, those of you who have eyes (Q.:).141 Thus, they argue that God has
commanded His servants to reflect and exercise their naẓar. Nuʿmān flatly rejects
their argument by asserting that those verses do not imply what they allege. If they
really reflect back upon themselves they will realise their shortcoming. God did not
leave any imperfection in his religion, as they imply, for them to perfect it with their
perceptions and rational arguments. God unequivocally states: Today I have
perfected your religion for you and completed My blessing for you and have approved
al-islām as a religion for you (Q.:). Messengers of God did not use their naẓar in
what they preached and what they commanded and forbade. Nuʿmān affirms that
the Book and the sunna of the Messenger of God categorically rebut their claim,
hence he does not see any reason to present additional rational arguments to refute
their contention. Since human reasoning based on one’s own naẓar or raʾy has no
place in religion, Nuʿmān accuses them of going beyond the pale of Islam. Nuʿmān
then cites the story of Moses and Khiḍr narrated in the sūrat al-kahf (Q.:–)
to support his contention. Moses’s impatience in matters beyond his comprehension
proved to be incorrect and he had to part with the company of Khiḍr. Furthermore,
without going into details, Nuʿmān states that al-Walīd b. al-Mughīra and Abū
137 For the meaning of naẓar see n. above.
138 He restates the Qurʾanic verses :, :, :, : and :. In his al-Uṣūl min al-
kāfī, ed. ʿAlī Akbar al-Ghaffārī (rd ed., Tehran, /–), vol. , pp. –, –,
Kulaynī maintains the same position and states:
.B2k! )(', K9>! IGHF èƒ1ï L: (: !M UB2k !M )(', K9> è(< Cz! IGHF K9%F Å(2%$ ì(']a (: o94<
139 A tradition transmitted by Dārimī states: [l 1 CŸ'0 cÌZ÷ 2-z¿!] l1 C“c‰'0 Z÷ IG! o–c! Z⁄$ . Wensinck, Concor-
dance, s.v. t-b-ʿ.
140 The Arabic reads: 5
' !-¥4PcÌZm RQ÷>3 M·.
141 The Arabic reads: -! î˝P
8 W¸u˚˙G◊ S%„!‚s7 î˝aù $›!-¥c! '0 D6 5>3 . This verse is considered to have the greatest
bearing upon the authoritativeness of qiyās; see Hallaq, History, pp. , . He states that
qiyās was considered as nothing more than the various forms of arbitrary reasoning charac-
terised as raʾy or naẓar.
The Evolution of al-Qāḍī al-Nuʿmān’s Theory
Ṭālib, who were known for their prudence during the pre-Islamic days, failed to
comprehend the Qurʾanic message at the beginning of the Prophet’s mission.142
If debate was allowed in religious matters, Nuʿmān argues, people would have
declared themselves what is ḥalāl (lawful) and what is ḥarām (unlawful). But God
rejected such a position and states: And do not say, because of what your tongues
falsely describe, ‘This is lawful, and this is forbidden’, so that you may invent falsehood
against God (Q.:). He further states: O people, … do not follow the footsteps of
Satan … He [i.e., Satan] commands you … to say about God what you do not know
(Q.:). Nuʿmān then refutes their claim that God revealed only the uṣūl (basic
principles, fundamentals) in the Qurʾan, but entrusted them with the furūʿ (sec-
ondary, derived matters) to exercise their ijtihād.
Another justification they present is that what is validated through qiyās is
validated through naẓar. Nuʿmān states that he has already demonstrated the
incorrectness of qiyās, hence there is no need to elaborate it here. Finally, he
concludes this section by citing the following verses from the Qurʾan. Addressing
his Messenger God states: Do not move your tongue about it to hasten it. Upon Us is
its [the Qurʾan] putting together and its recitation. When We recite it, follow its
recitation. Upon Us is its explanation (Q.:–); and We have sent down to you
the reminder (dhikr) for you to make clear to men what has been sent down to them
(Q.:); and Say [O Muḥammad], … I only follow what is revealed to me (Q.:);
and Nor does he [the Prophet] speak out of caprice. This is simply a revelation that is
being revealed (Q.:–).
An Account of Aṣḥāb al-qiyās and their Refutation143
The main argument of this group, like others, for the promotion of qiyās as a new
judicial source is that the first two material sources, viz., the Qurʾan and the sunna
of the Messenger of God, do not respond to the need for resolving issues not
foreseen in those texts and do not define rules applicable to new situations. The task
of qiyās is therefore to determine rules of procedure which respect the spirit of rules
dealt with by the material sources. Consequently, they claim that qiyās appeals to the
principles of analogical deduction. The use of qiyās is therefore only valid in so far
as it leads to the discovery of legal ruling for a new case on the basis of the revealed
text/s and ijmāʿ.144 Nuʿmān reiterates that he has already refuted such a claim by
other groups that the Qurʾan does not provide guidelines relevant to new situations;
however, in this section he will elaborate specific arguments raised by this group to
justify the exercise of qiyās and will refute their claims.
At the outset he points out that the aṣḥāb al-qiyās are divided into three distinct
groups concerning the use of qiyās and the range of its application. The first group
maintains that it is obligatory to exercise qiyās in matters related to the concept of
142 Nuʿmān, Ikhtilāf uṣūl al-madhāhib, pp. –.
143 For the meaning of qiyās see n. above. Shāfiʿī (al-Risāla, p. ) states that qiyās and
ijtihād are two terms with the same meaning.
144 M. Bernard, ‘Ḳiyās’, EI, vol. , pp. –; Hallaq, History, pp. ff.
The Study of Shiʿi Islam
divine unicity (tawḥīd) and formulating judicial decisions (aḥkām) applicable to
new situations. The second group upholds its use only for formulating judicial
decisions, while forbidding its use in matters related to the divine unicity. The third
group, on the other hand, maintains a position contrary to the second group.
Nuʿmān refutes their claim by asserting that the majority of the commonalty (i.e.,
the Sunni schools of jurisprudence) rejects qiyās in matters pertaining either to
tawḥīd or aḥkām. Moreover, he had already refuted a similar claim by other groups
that the Qurʾan had not foreseen new situations to outline rules of procedure; hence
there is no need to replicate.145
Next, Nuʿmān grapples with the theory of qiyās shabah (analogy of resemblance
or similitude) as defined by this group. According to this proposition a case is
compared to another case in its similarity, comparing an ordinance to another
ordinance, and a judicial decision to another judicial decision. The purpose of the
comparison is that an issue should resemble another issue in all aspects, including
its meaning (maʿānī) and motives (or reasons, asbāb). Nuʿmān then poses a ques-
tion: What happens if a case resembles another case in only some aspects? Do you
still exercise analogy or abandon it? If the answer is ‘no,’ it implies that qiyās is
invalid, because no two cases in this world resemble each other in every respect.146
Consequently, he asserts that the same dictum is true of all judicial decisions and
God’s commands concerning what is lawful and unlawful. Nuʿmān states that after
being cornered they might change their position and restate their case that two
issues do not have to resemble in each other in all aspects, only in certain aspects.
Nuʿmān’s response to this shift in their position is that it cannot be permitted.
Therefore, he concludes that the theory of qiyās is invalid and absurd.
Nuʿmān then moves on to demonstrate that human reason, or speculation
regulated to the form of qiyās shabah, is also of no avail concerning the rules of
sharīʿa. The first category of examples he cites consists of similar situations but the
rules applicable to them are quite different.147 For the expiation of oaths, different
types of penance are prescribed and one is given several options: one can either feed
ten poor people, give them clothing or emancipate a slave.148 Whereas the punish-
ment for a bandit is that he could be either killed, crucified or have his hands and
145 He refers to the Qurʾan and ḥadīth al-thaqalayn. See n. above.
146 Nuʿmān, Ikhtilāf, p. ; it reads:
-:uG$ b9T4Z! Uè1q%(W è1q%$ K9cqZ S%F K9> 5;c"#a i"(AC<;> »;" (: Ui"C2D Å(9/%$ S23: LD Å(9/%$ b"M (2%sk it
;" Uû3c% (hà3W L: è(9ïuG$ 1> .;4'eT√: *#%$ b9T4'%$! .;4'hcåï *#%$ K9cq'%$ $#" :ih% O(/9> .i&]%(W i&]%$! U-:uG(W
wM Uç%#, 5;&a S'Év K9eD KA;J9/Z K4&]W K% 5;4&]Z RQ> .KW(ckM! K9A(3: o94<! KZ(h< bõ, L: .Ç-‰98 9è1q%$ Kcqa 5M
1> K% (ñ/>$;: 5;&a S'Év èƒ1ï SeD (ñ§9ï ”9/A IG :$;%(z 5X> »("-98 1> (h[%(? 5F! Uf(hó%$ û3W L: Kcqa 5;&a 5sW
KZ(h< bõ, L: (ñ§9ï Kcqa 5;&a IG (ñ§9ï 5\uG UKW O;/%$ $;,-Z! UÅ(9/%$ $;eÑWM C/> UKZ(h< o94< L: b9T4'%$! UKW K9cq'%$
.w$-]%$! ORQ]%$! w(&vuG$ L: K9eD $;k(z! U.;eT√: (: bT: L: $yCWM i%(3%$ 1> $y=;<;:
147 Nuʿmān, Ikhtilāf, p. ; he states:
è(9ïM 1>! Uf(z-'[: w(&vsW f(/['É: è(9ïM 1>! Uf(/['É: w(&vsW f(/['É: è(9ïM 1> i&v Cz bõ<! @D Keg%$ ^ ∫ aM6 (4j%
(h/x(/v SeD {z;Z IG! UL99:=≤G$ -•$;|W :6CZm bÀe3% S%(3Z Keg%$ L: o/Z i% w(&vuG$ 5\M ^
∫ 4eD Uf(/['É: w(&vsW f(z-'[:
.-99|'%$! -9ú2%(W
148 See Nuʿmān, The Pillars of Islam, vol. , pp. –.
The Evolution of al-Qāḍī al-Nuʿmān’s Theory
feet cut off on alternate sides.149 The fine for a muḥrim (a pilgrim assuming the state
of ritual consecration) who hunts game is that he shall forfeit the equivalent of that
which he had hunted/killed, in terms of domestic animals, or charity or fasting.150
The second category of examples, on the other hand, deals with dissimilar situations
yet the judicial rulings stipulated in all such cases are identical. Tayammum (rub-
bing the face, hands and forearms with clean sand or dust) is obligatory for those
who cannot find water after breaking the state of purity by either relieving oneself,
dozing off, having a wet dream or polluting oneself after sex.151
Next, Nuʿmān criticises Imam Abū Ḥanīfa, the main proponent of the theory of
qiyās. The conversation between the latter and Imam Jaʿfar al-Ṣādiq ridiculing Abū
Ḥanīfa’s use of qiyās is quite striking. It is reported that once Abū Ḥanīfa al-Nuʿmān
b. Thābit al-Kūfī visited Imam Jaʿfar al-Ṣādiq who said to him, ‘O Nuʿmān, on what
basis do you give a legal ruling?’ He responded, ‘Based on the Book of Allāh, and
what I do not find in it I seek it in the sunna of the Messenger of God. Whatever I
find neither in the Book of Allāh nor in the sunna of the Messenger of God I use
deductive reasoning (qistuhu) to relate it to what I have found in these sources.’
Imam Abū ʿAbd Allāh Jaʿfar al-Ṣādiq said, ‘Woe unto you! Surely, the first to rely on
deductive reasoning was Satan and fell into error, for when God commanded him to
prostrate himself before Adam, he declared, I am better than him. You created me
from fire and him from mud (Q.:). He used deductive reasoning and assumed
that fire (as an element) was nobler than earth. He further presumed that who is
created from a nobler element is better than the one who is created from an inferior
element’. Then the Imam asked him, ‘O Nuʿmān, which of the two is nearer to
cleanliness, semen or urine?’ Abū Ḥanīfa replied, ‘Semen, but I don’t say that they
are alike.’ The Imam said, ‘Why then did God decreed ablution after [the flow of]
urine, and a ritual bath after [the extrusion of] semen? Don’t you think that
according to your reasoning the ruling should have been quite contrary, or the same
ruling?’ Abū Ḥanīfa remained silent. The Imam said, ‘Which of the two is the
greater offence, murder or unlawful sexual intercourse?’ Abū Ḥanīfa said, ‘Murder’.
The Imam said, ‘Why then did God decree that two witnesses are necessary in the
case of murder so that the murderer could be executed with their testimonies and
four witnesses were necessary in that of unlawful intercourse and that the adulterer
cannot be punished without the testimonies of less than four?’ Abū Ḥanīfa could
not reply. The Imam said, ‘Fear God, O Nuʿmān, and don’t say: What your tongues
falsely describe, ‘This is lawful, and this is forbidden’ (Q.:)’. Thereupon Abū
Ḥanīfa was dumbfounded and could not utter a word.152
Nuʿmān takes up another form of qiyās, viz., qiyās al-ʿilla (causative inference),
which bases analogy on an explanatory principle. This mode of qiyās considers a
new thing according to its original meaning (aṣl) as expressed in the text/s. Conse-
149 Ibid., vol. , p. .
150 Ibid., vol. , pp. –.
151 Ibid., vol. , pp. –.
152 Nuʿmān, Ikhtilāf, pp. –. See also Nuʿmān, The Pillars of Islam, vol. , pp. –
; it is restated here with slight variation in wording.
The Study of Shiʿi Islam
quently, the ruling of the aṣl is applied to that of the derived case (farʿ).153 In this
type of cases the ruling of the latter is deduced from the former, given either by the
text of the Qurʾan or ḥadīth which is infallible. Hence, the derived ruling is equated
with certainty. It is reported that the Messenger of God prohibited the sale of one
kurr (a measure of weight)154 of wheat (burr) for two kurrs. Subsequently, based on
qiyās al-ʿilla the aṣḥāb al-qiyās prohibited the sale of one kurr of rice for two kurrs of
rice.155 Nuʿmān states that those who advocate the use of qiyās give various reasons
for the justification of their deduction why such a sale was forbidden by the Messen-
ger of God. Without going into the details, Nuʿmān rejects their speculation for the
justification by asserting that one does not know the rationale behind such a
prohibition in the original case. God simply commands his servants to do certain
things or forbids them to avoid other things. He does not state the rationale as to
why such a thing is lawful or unlawful. What this group does is simply to opine that
such and such was the rationale. Hence, Nuʿmān asserts that one cannot discover
the exact rationale behind such a ruling. Nuʿmān then raises various hypothetical
questions even when one presumes that the ʿilla was specified in each and every
case. What would happen if the circumstances change? Does the ʿilla remain
constant? What would happen if the ʿilla ceases to operate in some cases, or the
situation changes in other cases? Does that ḥukm (rule) remain valid, or does it
become invalid? Nuʿmān then adds that the precise version of the above tradition
reads: ‘Verily, the Messenger of God forbade the sale of wheat by wheat, barley by
barley, dates by dates and salt by salt except in equal quantity. Whoever increases or
demands more than the equal amount is indeed practicing usury.’156 In all those
cases the Messenger of God prohibited disparity in transactions. Similarly the
Messenger of God said: ‘[To exchange] silver for silver, or gold for gold, in equal
amounts, on the spot [is lawful]; and he who increases or asks for more engages in
usury.’157 Nuʿmān reiterates that the aḥkām are not based on any particular ʿilla that
could either be specified or comprehended by human reason. Referring to all those
groups who advocate the use of qiyās, he cites the Qurʾanic verse which categorically
rejects human speculation in religious matters and states: These are nothing but
names you have invented yourselves, you and your forefathers. God has sent no
153 Nuʿmān, Ikhtilāf, p. ; it reads:
i&]%$ oz! (49> (4h'ÜeöD f;'k$ $+F KedM i&]W l-[e% i&]%$ ;" UKW i&]%$! .-9;W è1q%$ K9cqZ ;" KJ[A 1> Å(9/%$
.Ke<M L:
154 Walther Hinz, Islamische Masse und Gewichte: Umgerechnet ins Metrische System
(Leiden, ), pp. –.
155 This example also appears in the later sources; see Hallaq, History, pp. –.
156 Nuʿmān, Ikhtilāf, p. ; Arabic reads:
±e4%$! U-4'%(W -4'%$! U-93q%(W -93q%$! U-åc%(W -åc%$ LD ShA KAM w(3Ñ%$ 1> B:V(3%$ C2D O;k-%$ LD ΩaC]%$ 5F O;zs>
.SW6M C/> =$@'k$! =$n L4> Uè$;JW è$;k IGF ±e4%(W
It is transmitted by Muslim and others. Wensinck, Concordance, s.v. b-r-r.
157 See also Nuʿmān, The Pillars of Islam, vol. , p. .
The Evolution of al-Qāḍī al-Nuʿmān’s Theory
authority for them. Even though their Lord has already brought them guidance, such
people merely follow guesswork and the whims of their souls. (Q.:)158
Nuʿmān gives another example by which ahl al-qiyās try to justify their use of
qiyās. It is reported that a woman named al-Khathʿamiyya asked the Messenger of
God whether or not she could perform pilgrimage on behalf of her father who was
too old to undertake such a journey. The Messenger of God said yes and asked her:
‘Do you think that if your father had incurred a monetary debt would you have paid
it back?’ Upon hearing the woman’s response in the affirmative, the Messenger of
God said: ‘The debt owed to God is therefore more deserving [to be discharged.]’
Hence, they claimed that the Prophet compared the obligation to fulfil the pilgrim-
age, which is man’s obligation towards God, to a monetary debt, which is man’s
obligation towards another human being. Thus, they claim that the above ḥadīth
quite eloquently expresses the permission to exercise qiyās.159 Nuʿmān refutes their
claim by stating they have fabricated a lie and ascribed it to the Messenger of God.
Their attribution of falsehood to the Prophet, he adds, is rebutted by God when He
addresses the Messenger of God: Say, I only follow what is revealed to me (Q.:);
and By the star when it sets, your comrade [Muḥammad] has not gone astray, nor has
he erred, nor does he speak out of caprice. This [recitation] is simply a revelation that
is being revealed (Q.:–). Nuʿmān reiterates that they ought to take the Messen-
ger of God’s words as expressed by God: Whatever the Messenger gives you, take it
(Q.:). God did not tell that it was a qiyās on the Prophet’s part. Turning the
tables around, Nuʿmān states, ‘If they allege that it was a qiyās on the part of the
Messenger of God then why do they not approve of performing the pilgrimage on
behalf of an able bodied person as a financial debt could be discharged on behalf of
another person? However, they agree that the obligation to perform the pilgrimage
could only be discharged in the case of a dead or for an aged person who is physical-
ly unable to undertake such a journey. If they still maintain that the Messenger of
God’s ruling was based on qiyās, they should make it lawful for someone else to fast
or pray on behalf of others. But the fact is that they do not allow such an undertak-
ing.’ Hence, Nuʿmān asks, ‘How is it permissible for them to argue that it was based
on qiyās?’ Finally, Nuʿmān points out contradiction in their argument and states
that both the pilgrimage and a monetary debt belong to the category of aṣl and,
according to their own theory of analogy, the ruling of the aṣl cannot be deduced
from another ruling of the aṣl. This is an obvious violation of the rule.
Nuʿmān then states that Dāwūd b. ʿAlī (d. /), the Imam of the school of
the Ẓāhiriyya, and his son Muḥammad criticised the use of qiyās and rejected it
categorically.160 He also harshly criticises Shāfiʿī for admitting to the use of qiyās and
his attempts to regulate its operation.161 Moreover, Nuʿmān cites two examples,
158 This translation is by M. A. S. Abdel Haleem, The Qurʾan: A New Translation (Oxford,
), pp. –.
159 The same case is discussed in later sources also to justify qiyās; see Hallaq, History, p.
.
160 Joseph Schacht, ‘Dāwūd b. ʿAlī b. Khalaf ’, EI, vol. , pp. –; Hallaq, History, p.
.
161 Hallaq, History, p. .
The Study of Shiʿi Islam
namely the punishment for adultery and atonement for forgetfulness during prayer,
given by the proponents of qiyās to justify their use of qiyās in identical cases. Their
inverted argument, a case of perverted logic, runs as follows. If the exercise of qiyās
is invalidated then it is possible for someone to argue that the punishment for
adultery by stoning and penance of offering a prostration for forgetfulness during
prayer can also be invalidated because both cases are based on specific incidents. It
is reported that the Messenger of God stoned a certain person called Māʿiz.162
However, the advocates of deduction by analogy contend that if the use of qiyās is
rejected then someone can refuse to stone another person called Saʿd, contending
that he does not want to transgress his limits by stoning the latter (another person)
whom the Prophet did not stone. Similarly another person could challenge that he is
not bound to offer a prostration as expiation for his forgetfulness during any prayer
except the noon (ẓuhr) prayer because the Messenger of God did it during the ẓuhr
prayer only. They further contend that their validation of stoning punishment for
adultery is based on whether the guilty person is married and free while the colour
of his skin, ethnicity or name do not matter. Nuʿmān wholeheartedly agrees with
their argument. His only disagreement is about the route they have taken to reach
such a judgement. Nuʿmān states that he does not establish the validity of the
stoning punishment and the prostration for forgetfulness during the prayer through
the mechanism of qiyās, rather on the authority of the Imams who have uninter-
ruptedly transmitted the traditions from the Messenger of God. Space does not
permit me to go into further details. Finally, Nuʿmān concludes the chapter by
stating that aḥkām al-dīn, especially concerning the rulings as to what is lawful and
unlawful, cannot be established by analogical deduction, or on the rationale of
probability, or by recourse to human fancy. Aḥkām al-dīn are based on the Qurʾan
and the sunna as transmitted by the Imams.
An Account of those who Uphold the Theory of Istiḥsān and their
Refutation163
Nuʿmān opens this chapter by stating that all groups that advocate various theories
under the guise of raʾy, qiyās, ijtihād, naẓar, istiḥsān or istidlāl ultimately resort to
human reason in religious matters. Hence, whatever he has stated so far about other
groups equally applies to this group as well. To drive home his point that the Qurʾan
contains everything and that it warns people against following their own fancies and
assumptions in religious matters, Nuʿmān restates various verses from the Qurʾan.164
This group justifies the theory of istiḥsān (juristic preference) by citing the
Qurʾanic verse which states: So give good tidings to My servants, who listen to the
declaration and follow the best of it (aḥsanahu). Those are the ones whom God has
guided. Those are the [ones] possessed of understanding (uluʾl-albāb) (Q.:–).
162 The name of Māʿiz occurs in the later sources but in a different context of abrogation.
Ibid., p. .
163 For istiḥsān, see n. above.
164 Such as Qurʾan :, :, :. : and :.
The Evolution of al-Qāḍī al-Nuʿmān’s Theory
Thus, Nuʿmān states, they assumed that those who give legal ruling based on juristic
preference are commended by God. Nuʿmān debunks their incorrect interpretation
through linguistic and contextual analysis of the above verse. He states that the
antecedent to which the pronoun (in aḥsanahu) refers are the people who avoid
serving idols and turn penitent. Good tidings are given to those who listen to the
declaration (qawl) and follow the best of it. Declaration refers to the Qurʾan as God
states in the same sūra: God has sent down the fairest discourse (aḥsan al-ḥadīth), a
consistent Scripture, mathānī … That is God’s guidance, by which He guides those
whom He wishes; and those whom God leads astray have no guide (Q.:). The
fairest discourse refers to His Book and not to what they allege. Equating juristic
preference to what is commendable according to their fancies, Nuʿmān states that it
is forbidden by God when He states: And do not say, because of what your tongues
falsely describe, ‘This is lawful, and this is forbidden,’ so that you may invent a
falsehood against God (Q.:).
Another argument against this group is: what would they say if their opponents
reject what they consider commendable/preferable and proclaim a different ruling
that is commendable to them? Would it not lead to chaos concerning what is lawful
and unlawful?165 It could also be argued that when istiḥsān is permissible with
regard to furūʿ (positive rules derived from the sources, uṣūl) it should also be
permissible for the uṣūl. Once it becomes permissible to exercise istiḥsān in matters
dealing with the uṣūl it becomes obligatory to accept that the Jews, Christians,
Zoroastrians and idol-worshippers are right in what they consider commendable
about their religion.166
An Account of those who Uphold the Theory of Istidlāl and their
Refutation167
This group maintains that the Book of God in itself is a legal indicant (dalīl), hence
every argument or all evidence (ḥujja) is derived from it. Indeed, the sunna has
become evidence because the Qurʾan commanded followers to obey the Messenger
of God (who established the sunna). They further assert that whatever is specified
and explained in the Qurʾan removes doubt from the listener as God states: Obey
God and obey the Messenger (Q.:); and Forbidden to you are: carrion, blood, the
flesh of the pig (Q.:); and Forbidden to you are: your mothers, your daughters, your
165 Nuʿmān, Ikhtilāf, p. ; he states:
5;DCZ b"! ».;4'ez (: rRQ|W O(/> U.;4'2J]'k$ (: C\0 LJ]'k$ $+F i&[%(? L: SeD i&'ó ´ v (: :ih% O(/9>
K9eD i&% 5("-W IG! Bó
´ v RQW K9> i&Dn(A (49> .;4'3>= 5X> »KJ[2% (heT: ø;D= i&4P|% n(< IGF B¶%(v ç%+ 1> i&J[AuG
… w$-v ORQv KAM Cv$;%$ è1q%$ 1> i'c<!M i&J[AuG .;4'c<!M (: K% i'4eök 5F! ..;4Z-W(,
166 Ibid., p. ; he states:
1> $;4&]Z 5M i&% n;óa LaM L4> IGF! UKedM 1> ç%+ $!@9óZ 5M i&:@% LaC%$ l!-> 1> 5(J]'kIG$ iZn;j< 5X>
5;c9P: ihAM 5(t!uG$ ECcD! Å;ó4%$! ø6(P2%$! =;h9e% i'c<!M C/> ç%#W i'4&v i'AM 5F! »O;duG$ i&v -9;W l!-[%$
.ihZ(A(a= L: .;2J]'k$ (49>
167 For the meaning of istidlāl see n. above.
The Study of Shiʿi Islam
sisters… (Q.:) However, what is unspecified or alluded to or expressed by
parables, their true import could be discovered through istidlāl (arguments based on
the dalīl, or legal inference). Similarly in the sunna of the Messenger of God, certain
things are obvious and have no need for dalīl (argument or inference), while others
are stated in general terms in need of interpretation (taʾwīl). Hence, what is not
explicitly stated we infer (istadlalnā) from what is obvious. For example God says:
Perform prayer (Q.:). And the Messenger of God explained the details, timing,
and so forth. Nuʿmān rebuts their claim and states that their assertion that the Book
of God itself is a dalīl which needs explanation. The Book by itself does not speak
and was in need of the Messenger of God to explain its rules, regulations and uphold
its teachings. Yes, the Qurʾan is the proof for the veracity of the Messenger of God
and he was the dalīl during his lifetime while his successors, the Imams, are the
guides for the succeeding generations. This is the very reason why the Qurʾan states:
O you who believe, obey God and obey the Messenger and those of you who have
authority (Q.:).168 Had the Qurʾan been the guide (dalīl) by itself to truth as they
claim, Nuʿmān states that there would not have been a need for the Messenger of
God or those who have authority. It only demonstrates their arrogance.
An Account of those who Uphold the Theories of Ijtihād and Raʾy and their
Refutation for Abandoning the Truth169
They assert that the exercise of ijtihād is obligatory (al-farḍ ʿalayhim) in order to
resolve cases not explicitly stated either in the Book of God or the sunna of the
Messenger of God. After exercising his ijtihād if the jurist finds the matter dis-
cernible he can issue a ruling whether it is lawful or unlawful. Justification for the
use of ijtihād is based on an alleged tradition reported on the authority of the
Prophet. It is related that the Prophet sent Muʿādh b. Jabal to Yemen on a mission.
The Prophet asked him, ‘How will you decide on matters that come up?’ He replied,
‘I will decide according to the Book of God.’ The Prophet asked, ‘What if you do not
find it there?’ He replied, ‘Then according to the sunna of the Messenger of God.’
The Prophet asked, ‘What if you do not find in the sunna of the Messenger of God?’
He answered, ‘Then I will exert effort to form my own judgement (ajtahid raʾyī).’
Thereupon the Messenger of God struck his chest and said, ‘Thank God for guiding
the Messenger of God’s messenger.’170
Nuʿmān tries to show that the above tradition is not authentic and presents his
supporting evidence from the Qurʾan and the sunna. He states that those from the
commonalty who reject the principle of ijtihād indicate that the tradition is maqṭūʿ
– the isnād is said to be broken.171 Although the tradition is transmitted by several
168 Nuʿmān has argued above that who have authority refers to the Imams.
169 For the meanings of ijtihād and raʾy, see n. and above.
170 It is a widely related tradition to imply that reasoning by inference is approved by the
Prophet. Hallaq, History, pp. , .
171 Maqṭūʿ is a tradition that goes back to a Successor regarding words or deeds of his.
Shāfiʿī used it in the sense of Munqaṭiʿ, which has been used of an isnād including unspecified
The Evolution of al-Qāḍī al-Nuʿmān’s Theory
transmitters, the chain of authority stops with the nephew of al-Mughīra b.
Shuʿba172 who stated that he related it on the authority of men from Banī Ḥimṣ173
who stated that it was on the authority of Muʿādh b. Jabal. Therefore, Nuʿmān says it
is a weak tradition and its transmitters are unknown individuals. Even if it is
presumed that the tradition is established, Nuʿmān argues, most probably the words
of Muʿādh ‘I will exert effort to form my own judgement’ meant that he would seek
the evidence from the Book and the sunna. Nuʿmān adds that when ʿUmar b. al-
Khaṭṭāb persisted in his question to the Prophet about the meaning of al-kalāla,174
he told him to refer to the verses that were revealed to him rather than telling him to
exert his effort and form his own opinion. He further adds: What would happen if
ijtihād was permitted and two persons exercising their rights of ijtihād reach
contradictory conclusions about the same legal case? According to their argument
both are correct in their judgements, but the fact is that the truth resides with only
one party. This was the position taken by Muḥammad b. Dāwūd and his father, the
founder of the Ẓāhirī school, for their opposition to the principle of ijtihād. Nuʿmān
also objects to this group’s assumption that the exercise of ijtihād is obligatory
without providing any evidence. Moreover, their assumption that they are not
obliged to find the correct solution is quite strange. If this is the case one surmises
what the obligation is, because God categorically states: [It is improper] to say about
God what you do not know (Q.:). In another verse He states: After the truth
what is there except error? [So] how are you turned about? (Q.:), and Do not
follow the whims of a people who strayed previously and led many astray and strayed
from the level path (Q.:). God did not say, ‘ijtahidū,’ He commanded: Ask the
people [who have] the reminder if you do not know (Q.:).
Nuʿmān rejects Shāfiʿī’s argument in defence of ijtihād concerning the command
to face the Sacred Mosque in prayer very weak because it is known to every Muslim.
people, or one later than a Successor who claims to have heard someone he did not hear. It is
also used of one later than a Successor quoting directly from a Companion. However, it is
commonly applied when there is a break in the isnād at any stage later than the Successor.
James Robson, ‘Ḥadīth’, EI, vol. , pp. –. See also John Burton, An Introduction to the
Hadīth (Edinburgh, ), p. ; he states that this type of ḥadīth was the source of a great
quantity of badly needed material. The degree to which it was relied on was dictated by
necessity and governed by due regard to the transmitter’s reputation. Jonathan Brown, Hadith:
Muḥammad’s Legacy in the Medieval and Modern World (Oxford, ), p. .
172 He was a Companion and considered as one of the chief dāhiyas of his time. Dāhiya
literally means ‘smart fellow’ or ‘old fox’, also holding negative connotations such as a man of
dubious morals, or one who could get himself out of even the most hopeless situation. It was
said about al-Mughīra that if he were shut behind seven doors, his cunning would find a way
to burst open all the locks. See Henry Lammens, ‘al-Mughīra b. Shuʿba’, EI, vol. , p. .
173 Banū Ḥimṣ cannot be identified but Muḥammad Murtaḍā al-Zabīdī in his Tāj al-ʿarūs
(Kuwait, ), vol. , p. , states that the city of Ḥimṣ in Syria was named after Ḥimṣ b.
Ṣahr from Banī ʿImlīq.
174 See Qurʾan :, . For its meaning and more details see Nuʿmān, The Pillars of
Islam, vol. , pp. , ; Cilardo Agostino, The Qurʾānic Term Kalāla: Studies in Arabic
Language and Poetry, Ḥadīth, Tafsīr and Fiqh, Notes on the Origins of Islamic Law (Edinburgh,
).
The Study of Shiʿi Islam
If a person is ignorant about it, he should seek it from knowledgeable people and it
is not permitted for him to use his ijtihād. Another tradition states, ‘When a
governor/judge formulates an independent judgement in a legal case and gets it
right he gets a double reward, while the one who formulates his judgement but errs,
gets one reward [for fulfilling the obligation of ijtihād].’175 Nuʿmān rejects this
tradition because it contradicts other traditions. He states that the correctly trans-
mitted tradition reads, ‘Judges are of three types: two are [condemned to] fire and
one is [destined for] paradise. One who decides unjustly while knowing full well
that he is not just [in his ruling] is destined for fire. One who rules unjustly but is
not aware [that his ruling is unjust] is destined for fire because he has stripped the
people of their rights. One who rules with justice is destined for paradise.’176
Nuʿmān also criticises Abū Ḥanīfa, Shāfiʿī and Abū ʿUbayd al-Qāsim b. Sallām (d.
/),177 but space does not permit me to elaborate.
As stated above it is the third longest chapter and Nuʿmān expands on an
additional four justifications presented by this group and refutes them meticulously.
In what follows I will summarise those justifications and Nuʿmān’s main arguments
against them. The second justification is based on a long verse which states: Or like
the one who passed by a settlement collapsed on its supports: he said, ‘How will God
give life to this [settlement] now that it is dead?’ God caused him to die for a hundred
years, and then brought him back to life. He said, ‘How long have you tarried?’ He
said, ‘A day or part of a day.’ He said, ‘No, you have lingered a hundred years …’ [to
the end of the verse] (Q.:). They allege that ijtihād is permitted because God
did not reject the speculation of the man who said, ‘A day or part of a day.’ Nuʿmān
states that their argument does not hold much water because the thrust of the verse
is to show that man’s speculation is wrong. Nuʿmān reinforces his argument with
linguistic and contextual analysis of the verse.
The third justification is based on the verse that states: God will not take you to
task for making inadvertent errors in your oaths, but He will take you to task for
agreements you have made through oaths. Expiation [for broken oaths] is the feeding
of ten destitute people with the average of the food with which you feed your families or
clothing of them or freeing of a slave. Whoever does not find [the means for that]
should fast for three days (Q.:). They argue that since God permitted selection/
choice, why should a similar choice not be permitted with regard to ijtihād?
Different rulings reached by different mujtahids are thus similar to the choices given
by God. Nuʿmān argues that choices are given by God and not left with the muj-
tahids to deduce. What would happen if the choices are not provided by God? One
mujtahid might rule that the one who breaks an oath should be killed and the
second might rule that [his hand] should be cut off, and the third might rule that he
should be flogged while the fourth might rule that he should be imprisoned. Don’t
they think that they are transgressing the punishments prescribed by God?
175 It is transmitted by Bukhārī, Muslim, Abū Dāwūd, Tirmidhī, Nasāʾī, Ibn Māja and Ibn
Ḥanbal. Wensinck, Concordance, s.v., a-j-r.
176 It is transmitted by Abū Dāwūd and Ibn Māja, Wensinck, Concordance, s.v., q-ḍ-y.
177 He was a grammarian, Qurʾan scholar and a jurist. H. L. Gottschalk, ‘Abū ʿUbayd al-
Ḳāsim b. Sallām’, EI, vol. , p. .
The Evolution of al-Qāḍī al-Nuʿmān’s Theory
The fourth justification is also based on the above verse and they argue as
follows. There is no difference between the three choices specified and leaving the
selection or entrusting the exercise of ijtihād to them concerning an incident that
might happen or a mishap should descend upon them. Nuʿmān refutes their
argument by stating that their reasoning is far-fetched and God did not permit it.
The last justification is derived from the verse about the maintenance of divorced
women which states: The well-to-do according to his means and the needy according
to his (Q.:). Nuʿmān rebuffs their reasoning by pointing out the verse which
states: Let a man of ample means spend some of those means; and those whose
provision is measured, let them spend some of what God has given them (Q.:).
Nuʿmān asserts that the latter verse clearly indicates that the maintenance of
divorced women is not left to their inference (ijtihād) as they falsely claim, but was
left to the Messenger of God and the Imams to further clarify the matter as God
states: And We have sent down to you [O Prophet] the reminder for you to make clear
to men what has been sent down to them (Q.:).
Finally, let me return to Nuʿmān for some concluding remarks. In sharp contrast
to other schools of jurisprudence, it should be noted that Ismaili law developed and
flourished under the patronage of the Fatimid dynasty. Nuʿmān, therefore, put the
theory of the imamate, fully articulated by him, to its appropriate use in The Pillars
of Islam, which was his crowning achievement and blessed by the Imam-caliph al-
Muʿizz. As soon as the The Pillars of Islam was completed it was proclaimed by al-
Muʿizz to be the official code of the Fatimid state. The law, thus promulgated
through the Daʿāʾim was for the simultaneous use of the state and the Ismaili
community. The Daʿāʾim, which I have elaborated elsewhere, was thus the first
juristic text to give a legalistic place to the doctrine of the imamate/walāya.178
Nuʿmān has correctly stated that of the seven pillars of Islam, it is the first pillar of
walāya which is the most excellent and through it and through the walīy (the
Imam), around whom the walāya revolves, the true knowledge of the rest of the
pillars of Islam can be obtained. For the Fatimids, walāya was not merely a religious
belief, it was the very foundation of their claim to political leadership of the Muslim
world. The chapter on walāya along with that on the jihād, containing the ʿahd
ascribed to ʿAlī b. Abī Ṭālib dealing with the ruler’s conduct towards his subjects
and the excellent qualities and practices that he should observe, represents the
Ismaili theory of the state as well as its civil constitution.
In the absence of the Imam and the subsequent precarious existence of the
Mustaʿlī-Ṭayyibī communities, first in the Yemen and then in the Indian subconti-
nent, it was not easy to consider any modification of this law, especially anything
concerned with family law. However, the situation dramatically changed during the
second half of the last century throughout Muslim countries. Hence, it is time that
the religious authorities take into consideration the present situation and growing
complaints by various segments of the community to render justice to the weaker
segments of the society.179
178 Poonawala, ‘al-Qāḍī al-Nuʿmān and Ismaʿili Jurisprudence’, p. .
179 Ibid., p. .
The Study of Shiʿi Islam
Appendix I
Relevant verses from Nuʿmān’s al-Urjūza al-muntakhaba (B<!=@: EC9Pz UBc|'24%$ En;<6uG$
K/[%$ )$;WM 1> (h4úA).180
;:98762!1 54232!1 0/$"! .- *),!%"! +*)&("! '&" %$#"!
E D ! P ) O 6 2 ! 1 N M L K " ! J IGH F DE9)(),C2! 1-1 BA)@"! 1- > ? <=1
_^%(F /W X'`&< /W PY<1 _^X%)]\[A)F VU)ZYF /)XW VU)T$SR9Q
X'))"629)F V)R9)`"! %)0$)#W '&"! %d\ Vc9`"! A)Fb a!-
_j)))$0))RC2!1 ; a A ) & $ ) " ! k J ) I ) H b 1 _ji)WC2! _ N ! % ) h g P Y < 9Z fe%UW
'X R9K`qc! *H ld\1b 9W '`p"! *H X')R9)Fo /\ ml)($n %Q mlZO1
k ' ) ) ) ) ) ~ s } | b 9))$)&{)Oz '))Y))H : 9 y ) H k')xq)()$)n .w"! vuPtF%s 0Vr
ÉÇ)Y)ZK)q"!1 >)YÖ&q"! V)ÑqZW ÉÇ)Y"G)q"! Å&\ 9ÄA8dW :9O A"
_j)e9y)#"! *H _^AnA"! Ü)&)qÖW _j)e!1P)"! Å&\ 59)n ')iZy)"
ã à 9 ) ( ) e 6 2 ! 1 ä 9 d â 6 2 9 F u Gs V " à!A)Fb *H Çá"b 9)W ')Z)$H
çå9)Y)<b V)h -é _N!1P)"! /)Y)F çåML)q<! 9)U"ML)< *H 59)n1
êJ)Y)"} ^%)h9)â /)W ')Y)&)\ êJY)d)c k')&)H !w)h èJO1
X')$&\ /)W k')xq$&\ 9W ëPâ1 X')$ÑZF k')xq)@8F %)Q mlZO1
îj)p)eP) îj)FA)\AW îj)(dïW îj)p)ePâ îj)()W9n ìíqO *H
k')F9)d)cb ml)p)á"b óà9F ñJO1 k')F!A)Fb ml)()$n óà9qO ñJO
V)U)HML)qR42 ôò)q#$"! je9y7 VU)HML)q<! J&\ 9UYH mlYy7
;:9)Y)d)q)"! û)W ùBA`"! úlF9õ" ;:9)hP)d"!1 %)h9ï"9F ml)ön1
_j)&`Z"! åML)q)<9F 9)UYH 59)n 9)W jî)G" 8W JüO %Z\ .PO- %)(F /W
ã à 9 ) 8 ) , C 2 ! 1 } 9 ) Z ) c 6 2 9 ) F 1 9))K † )), ãà9)qy"! /)W 9)U)&`, P)OwF
•£9cC2! *H l)d)õ)$"! Å&\ 4§2é ¢£9)YQ 421 ¢.b| 9)W P)Y)°F
ãà9)8)#"! Å&\ /ePï\ %)e¶s óà9)qO *qR9W *H l&$yH
P)d)Ö"! /)W ßML$)n ')YH ml&)$nb PKqÖW *H 9UÑp" vuPKq<! Vr
9®)d)™\ 9U)YH ml($n ©j)()W9n 9®)d)q)O 9)UZW %(F vuPKq<! 0V)r
X}!%)ÆC2! /)W ≠BA)#)Z)W ñJO1 X}9)Zc62! ¨P) 9)U)Z)\ ml7´b
9)®ØIÖW 9UZ\ l
m IÖW :b %(F /W 9®)I)#)W 9)UYH lF9õ)"9F mlön1
180 MS in the collection of my father Mullā Qurbān Ḥusayn Poonawala. The word risāla
added to the title given in the edited versions of Idrīs, ʿUyūn al-akhbār, p. : En;<6uG$ B%(k6
Bc|'24%$ and ʿUyūn al-akhbār (ed. Ghālib), vol. , p. : Bc|'24%$ E6('|4%$ En;<6uG$ B%(k-%$ are incorrect.
The Evolution of al-Qāḍī al-Nuʿmān’s Theory
It was composed after Mukhtaṣar al-īḍāḥ as Nuʿmān states:181
∞P)dÖ"! /)W ßML)$)n ')Y)H ml&$nb PKqÖW *H 9UÑp" vuPKq<! 0Vr
9)nA)()"! 9)U)YH mlW0A)Q ±N%)YKQ 9®)n1}¶)W k')()$)n ml)eb| 0V)r
∞|9)≥Ñ)Z"! /)W 9)h9)Z)(W à≤P)`)e |9K)q)<! *H à!AFC2! j)()≤dïW
182
πV∏U ∑Z"!1 ∂Å™;#"! 1- 9h1b| !-é V)&)(&)" 9)UF µ¥)p)#"! JU8e1
jQ|1 9UZW 5¶™"! *H 9W û$™s j)QP)q)p$"! 'n1C2! 9UYH u
v PK7
k')xq)p)iZ∫ :b %)(F N9`õ"! /\ k')qx)($)n -é lYd"! J)hb BA)Q /W
j ) d ) & ) @ & " 9))U))qx)d)Ö))q))),! *)Z))ª , C 2 j)d)Öq)Z)$"! l0$s -é 9U)xq)Y0$c
This Urjūza by Nuʿmān was probably the first versified version of jurisprudence and
it may have been regarded as a model for the later Sunni compositions. It is in two
parts/volumes: the first deals with the ʿibādāt and the second with the muʿāmalāt
and covers all topics of law covered in the Daʿāʾim. It was composed, as the author
states in the introduction to facilitate its memorisation by the students. It is not
edited and is mentioned by Ibn Khallikān.183 Al-Majdūʿ gives its title as al-Qaṣīda
al-muntakhaba.184
Appendix II
6(t≤G$ -P'|4% f$n(<F
[i,(]%$ L: 5(432%$ 10(/%$ LW 1eD LW L9J]%$ 10(/%$ En(<F]
L93'JA KW! i9v-%$ L4™v-%$ Keg%$ iJW
SeD Keg%$ Söed! UKx(43A! Keà> L: Ca@4%$ 1à'/a $C∆4v KxIGê L: KW S%!M (: SeD Keg% C4]%$
10(/%$ LW 1®eD LW L9J]%$ 10(/%$ O(z .Kx(9%!M UK'a6+ L: B4jxuG$ SeD! Kx(9cAM iZ(? C< 4]:
^9W b"M L: L9z=(P%$ B4jxuG$ (29%$;: LD BaV!-4%$ `'&%$ L: .-98! )('&%$ $#" ^ _ a!6 :5(432%$
5$;06 C4]: LW 5ã(432%$ 10(/%$ *C\< (h[2d 1'%$ UL934<M ieök! K9eD Keg%$ Seöd UKeg%$ O;k6
*#%$ .=(2kXW E∂n(<F! (ñD(4k U.(06M! K2D Keg%$ 106 U5(432%$ LW 1®eD 10(/%$ 1WM LD UK9eD Keg%$
L92:£4%$ -9:M Keg%$ -:sW i,(]%$ w(:áG$ (AIG;4% ç%+ f
ä -,+ ijt .)('&%$ $#" 6Cd bcz .-,+M
181 Al-Qāḍī al-Nuʿmān, al-Urjūza al-muntakhaba, MS v–r.
182 Variant reading in another MS (in the collection of Mullā Qurbān Ḥusayn): ih[%$!
183 Ibn Khallikān, p. ; he states: )$;WM 1> (h4úA B<!=@: EC9Pz Bc|'24%(W (hc/\% B9h/[%$ EC9P/%$ K%!
K/[%$.
184 Al-Majdūʿ, Fahrasa, pp. –.
The Study of Shiʿi Islam
:L9'|JA 1>) [LD]! UK9eD Keg%$ f$;ed K2D `'&%$ .#" 1> (: Ba$!6 1> K'ÜA+s'k$! K9eD Keg%$ f$;ed
1% 5' +Ÿ=s> .Kà3W K9eD f
ä M-z! .(aVF KZm-àvM 5M C3W K'a$!6 1> `8-a L:ù SeD )('&%$ $#" èRQ:F (5M
:;"! .K2D Keg%$ 106 1WM LD Ka!6M *#%$ 6CP%(W f ä MCW! 1%(3%$ .Ç-‰:¸M ^
_ eT':(> .ç%+ 1>
[@a@3%$ L: 5(432%$ 10(/%$ LW 1eD 10(/%$ En(<F]
i9v-%$ L4™v-%$ Keg%$ iJW
.Õ-:M 1%!M B4jxuG$ SeD! UK9åcA C< 4]: SeD Keg%$ Seöd! U.-&ï K2, K% -&q%$! .C4v ≥Vv Keg% C4]%$
LW 5(432%$ 10(/%$ 1WM SeD )('&%$ $#" f ä M-z :5(432%$ LW 1eD 10(/%$ O(z ..Õ-,+ b"M!
'5+ŸM! UBx(4tRQt! L93W6M! 5> (4t BÁ2k .(06M! K2D Keg%$ 106 U5;9åv LW C4vM LW 6;P2: LW C4]:
-9:M Keg%$ LaC% @? 34%$ w(:áG$ (AIG;: 12WùC' A˛! UK2D Keg%$ 106 U1>ö;Z (4je> ..=(2kXW K2D K'a$!6 1> 1%
5(, (: S%F UKx(2WM L: E;[P%$! Kx(Wê L: B4jxuG$ SeD! K9eD Seöd! Kv!6 Keg%$ ÅC\z UL92:£4%$
$#" K9eD Keg%$ f$;ed KZm-àvM UK2D Ba$!-%$! K2: E=(['kIG$ L: K9eD KW -P'z$! UK9%F 1WM ) @ C' A˛
1% KŸA+F! U1WM SeD ("(aVF 1Zè$-z K% f ä -,+! UwRQJ%$ K9eD K2D Ba!-4%$ `'&%$ L: .-98 o: )('&%$
SeD (hZmM-z 1'%$ `'&%$ L: .-98 6!Cd! U)('&%$ $#" 6Cd Ba$!6 1> 1% '5+Ÿs> .K2D (h'a$!6 1>
S%F 1%(3%$ .Ç-‰:¸M ^
_ eT':(> .K9eD Keg%$ f$;ed K2D (h9> (: Ba$!6 1> 1%nA (<M! UK2D Keg%$ 106 1WM
-9:M Keg%(W @a@3%$ w(:áG$ UKeg%$ 1®%! U(AIG;: S%F Keg%$ B¿>RQ? ^9à>M+ (4j%! .Kv!6 Keg%$ ÅC\z KŸZ(>! L9v
UK9%F K'Ü3>6! K% ç%+ f ä -,+ U5(4aáG$! wRQkáG$ b"M 1®%!! U5(:@%$! -P3%$ `v(d UL92:£4%$
ç%+ L: 1% w\C/Z (: `Jv K2D K'a$!6 1> 1% 5+M! 1% nA (<s> .K9eD Keg%$ f$;ed K9> K'ÜA+s'k(>
Ka!6M *#%$ 6CP%(W f ä MCW! 1%(3%$ .Ç-‰:¸M ^
_ eT':(> .K9eD Seöd! Kv!6 Keg%$ ÅC\z Keg%$ LaC% @34%$ L:
:;"! UK2D Keg%$ 106 1WM LD )('&%$ $#" L:
[@34%$ L: 5(432%$ 10(/%$ En(<F]
i9v-%$ L4™v-%$ Keg%$ iJW
KŸA$;06 èÕ(;'W$! KŸA(2':$! KŸeà> L: Ca@4e% è$-':$! KŸ'43A! KŸA(JvF! KŸxIGê SeD $y-&ï Keg% C4]%$
`
B %(• 1WM LW 1®eD SeD! UKek6! L9[ÑP4%$ Kx(9cAM iZ(? C< 4]: SeD Keg%$ Seöd! UKŸ'4v6!
L9aCh4%$ è([e|%$ La-"(Ñ%$ L9c9åÑ%$ K'a6+ L: B4jxuG$ SeD! UKŸe"M 1> KŸ9åd!! UŸK':VM 1> KŸ'[9e?
wRQkáG$ ` @ hE ïF ihW 6A (AM! ULaC'h4e% øChE %$ bÒc¥kD ihW òC hAM! LËaC%$ 5' (,6M ihW wA (zM La#%$
=Ÿ(c3%$ B4jxM! Uw(AuG$ B¿A2:ùM i"! U=fi(43%$! Em!C/%$ i…Eh> .LaC%$ w;a S%F BÁ:(:áG$ ihtÁ6!M! UL94eJ4e%
ihD(cZM! ihx(9%!M Keg%$ iv6! UL934<M ih9eD Keg%$ f$;ed =< (" /w(:F ih2: -—PD bõ, 1> wG ;z bõ&%
.La-?≤G$! ih2: L9%!NuG$ L92:£4%$ L:
The Evolution of al-Qāḍī al-Nuʿmān’s Theory
b"M L: La-"(Ñ%$ B4jxuG$ (29%$;: O;z L: ^ _ 34< Cz ^ _ 2, :C4]: LW 5(432%$ 10(/%$ O(z
(hZmMJ "@<! (h'ÜW;jW! (h'Ü[2d! U(9I'[ã%$ ieD 1> (Hc', L934<M ih9eD! K9eD Keg%$ Seöd Keg%$ O;k6 ^9W
_ §<! U(h2: ih2D ^W(T%$ ^
^ ∑ ctM! U(h9> ih2D EÕ$!-%$ rRQ'?$ SeD f(a$!-%$ ^ _ 9&v! .(h'Ü[K%M!
*!+ SeD (h9> B¿A£4%$ ^ Î œ4ªúÒD! (hx$@<M =fiCD -‰Tm&Í> .5("-c%$! C"$;q%$! 5(9c%$! ç%+ SeD bxIGC%(W
.f(a(;%$ S%F L9c%(Ñ%$ L: $-H 9T, =Ö£Z i% f N $-P'|: 1> $6M ;T2:! (AL !n;: (h2: f ä -P'?$! .(hx(;'W$
E(à/%$ L: C< v$! -¥98 12%Ús= kP ! .("6(P'?IG .#" 1> E÷Cx([%$ $;eö/'k$! U("6! (T&'% çeZ ihZO @óDs>
)-å/a ç%+ 1> (ÑS kR ;': (QW(', ih% o4<M 5πM wŒ$-]%$! 4ORQ]%$ ieD L9c%(Ñ%$ è(9%!uG$! w(&†]%$!
U-¥9;P%$ ô
T C]%$ Kú[]a! [.è-z! UKx$-z! :L9'|J2%$ 1'e, 1>! U.(2]]d (4,] KZè$-z! Kc', L: KW 1['&a! U.(23:
$#" ih% ^ _ [%K s> .1W 2;%$! -¥9/[%$ K%(2a! U1W e|%$! Ofi;;q4%$ K% oJ'Éa! U-9¥c&%$ UV9q%$ K2: C9[a!
$#" 6$C/: äf-c'D$ (4j%! .6(t≤G$ -P'|: K'Ü94jk! U6(P'?IG$! ba;Ñ'%$ L9W (ÑS Rk;': )('&%$
KÇP X F?M 5M ^ _ aM6 UK2D KW èÊ(28 IG (: ç%+ 5\M K'ÜaM6! UK9> C9A(kuG$ O(?=F LD -P/a K'ÜaM-> U)('&%$
S%F èƒ1ï C3W (§Ó9ï K9> KZ(ctF f ä =6M (: ^
_ 3>-> .("(2kM! (h'ctM! (h]] ´ dM! ("RQDM! C9A(kuG$ )-zsW
Keg%$ f$;ed Keg%$ LaC% @34%$ w(:áG$ L92:£4%$ -9:M *IG;: -P3%$ `v(d! 5(:@%$ w(:F! -:uG$ 1®%!
∑ ctM! UK•(/kXW U.-:M ;jeD Keg%$ w$=M U-‰:ùM (: ç%+ L: ^
^ _ Ñ/ks> .La-"(Ñ%$ B4jxuG$ Kx(WM SeD! K9eD
L4% Ka!6M (AM! .K24> K9> ^ N cT: bY &> .E∂è$-z K9eD KZmM-z! UKZ(ctXW -‰:ùM! .(àZ6$ (: )('&%$ $#" 1>
Cz! L92:£4%$ -9:M 6! ;A L: ” . c'z$ L:ù[!] U$6M ;A èÊ(à'k$ C/> La-"(Ñ%$ Kx(Wê LD! K2D[!] 12D .#?M
.L93%$ #ÅM6 L: )-qa L:ù èÊ(: )#3'k$
Appendix III
185
@34%$ L: 5(432%$ 10(/e% è(à/%$ ChD )(', L: f$6('|:
i9v-%$ L4™v-%$ Keg%$ iJW
C4]: LW 5(432% L92:£4%$ -9:M Keg%$ LaC% @34%$ i94Z 1WM C3: K9å%!! Keg%$ CcD L: ) Z (', $#"
1®e3%$ B:(:áG$! ("6[ Cz 1®2J%$ B>RQ|%$ L: KW Keg%$ .([Ñd$ *#%$ bõ]4e% L92:£4%$ -9:M 5\M U10(/%$
(ñ4x(z! UK/e|% (ñ4eD KcPA! U.6;2W sà'Jap! KW øC'hap UK06M 1> $y-92: (ñ<$-k Ke3< 5M! U("-¥Ñ?
Keg%$ O;k6 C< 4]: .C\< ox$-ï (ñóh2:p! UwRQkáG$ ≥x(t! $yCß,£:p! U5(4aáG$ ix(D= $yC•†;:p! UK/\]W
-9:M 5(, Cz! … bõ<! @D Keg%$ K3>6 (: `Jv è(à/%$ 6Cz L: o>-a 5M øM6 UK%ê! K9eD Keg%$ Sed
:([&'k$ çÕ'/a-• ŸC94v! UçÕ'"$@A! UçÕ'A(:M! UçÕ'A(a=! UçŸD6! L: K9eD {z! *#%$ L92:£4%$
E(à/ã%$ (h9> 1'%$ 5C4%$ b"M L: ç9%F iöeúZ L49> -ú2%$ ç% ≥e•M! U(h%(4DM! Ba6;P24%(W è(à/%$
185 Nuʿmān, Ikhtilāf, pp. –.
The Study of Shiʿi Islam
øM6 it .K/\]'J: Kx(ÑDF! UK9eD `<! L: SeD ≥V]%$ +([AF! U6;&%$ o94óW ("-98! w(&†]%$!
U5(]':IG$ ç2D K[q, (:! Uç:(&vM 1> \≥]%$ ç9?};Z! UçZIG$;:p 4æCd L: K9eD {z! (:C2D
L–&9%! … .CaCqZ! K:(D=Ö$! Uç% ç%+ C9,;Z U6(t≤G$ K9> ç2: ^2Jv! U6(c'?IG$ KW çà|:!
b"M B>ö(, L: :C2D L: Kîî[îî4î]îîîeúZ !M ç9%F ieöúZ L: bõ, 1> $y#>(A ç4&v! U(ña6(< :-¥:M
BaCh4%$ E(àz¿ L: CÃvM O!(Ñ'a 5M! UK2: B3k(q%$! K2: B9A$C%$ E6;, B:V(D! UL92:£4%$ -9:M Lx$C:
(4AF L92:£4%$ -9:M 5(, +F UihJ[AM S%F U(4h%;v 1'%$ *=$;c%$ b"M L: C< vM o>6 S%F 5$!-9/%$!
øC\3'a 5M K% ”9%! U("-Ñz KW ^(vM (:! U(h9> ;" 1'%$ B2aC4%$ 1> -ú2%$ (4h9> ]7(z bõ&% ≥e•M
ÃCvM i9/a IG 5M! UihAC: *=$;W 1> -ú2%$ E(à/%$ L: i"-9;% ≥e•M! U(h2D ì-? (49> -ú2%$ S%F
-9:M è(9%!M L: C< vM L9W -ú2a IG! U(h9> E÷(àz IG 1'%$ 6;&%$ o94óW (ñ29:M IG! (ñ4,(v ih2:
Keö , ç%+ o94< 1> -¥ ú2%$ 5;&a 5M! UKZ-à]W L949/4%$ .C2_< -x(k! U.C9cD f(/c•! UL92:£4%$
ç'9àzM! ç:(&vM 1> ñ(aC'/: … w(&† ]%$! E(à/%$ L: CÃ vM K9> çDn(2ap IG U:Cã a K9> B/eÑ: Uç%
Keg%$ Sed Kge%$ O;k6 <C4]: L92:£4%$ -9:M \C< B2k 1> IG! KXPA K9> CóZ i% (:! … Keg %$ )('&W
La#%$ … La-"(Ñ%$ K'a6+ L: Bj4xuG$ `"$#: 1> ÇKJ4'%$ KÇ4œ&a v_ L94%(3%$ ) ` 6 K%ê! K9eD
B/a-Ñ%$ … =Ÿ(c3%$ ÷E$C" ihe3<! UK9v! 5;2&:! UK4eD Lx$@? ihD=!M! UKŸ2a= -‰:M KÇeg%$ ihú[]'k$
S%F ÇK0'9hA$ UbàDs> Kc'ï$! Ub&ïs> ç9eD ”c'%$ (:! .(9AC%$! LaC%$ -:M 1> ihW øC'/4…%$! SeT4%$
S%ÚF .Ç!=b 6A ;–%Ú!Ô’ :K4k$ :6(cZ! .-,+ bõ< O(z! … K9> i&]%$ K<! SeD ç[ßz;¥9% L92:£4%$ -9:M
@D O(z! .[f(:ı è(J2%$ E6;k]Ùi–hE 2Û:Ÿ KÇA˛;Ѫc! 2Û'0 Je aù Lœa#Ÿ%ÿ◊ KÇ3e4Ÿ3œ%Ú i–hE 2Û:Ÿ !-:¸u˚G˙◊ S%„!‚M+ dS%ÚF!Ô O4 ;kD -c %◊
æ=(P%$ ≥•(2%$ 1®c2%$ O(z! .[ı(:ˆi b]2%$ E6;k] Ù5' ;…4e3 3–Z÷ IGh i–'Ü2Û,¿ 5F -! ,g #,Ÿ %◊ bÒ"6 M· $;e$ î§0 Je >3 ’ :K4k$
(: $;eöàZ Le> U1'9W b"M 1Z-'D! Keg%$ )(', UL9e/T%$ i&9> :j6(Z 1AF :K%ê! K9eD Keg%$ Sed C4]:
L: ('9/W L9'e9e% L92tIG$ w;a `',¿ … 7;]%$ SeD $=-a S'Év (z-'[a L% (4hAX> U(4hW i'&RJ4Z 5F
. … Bx(4tRQt! L93W6M! ôRQt BÁ2k O!uG$ o9W6 -hï
Appendix IV
`"$#4%$ O;dM rRQ'?$ )('&% En(<F
i9v-%$ L4™v-%$ Keg%$ iJW
Sed! UKx(43A L: Ca@4e% lC'J: UKxIG≤G —-,(ï C< cD C' 4v Kx(ÑD L: éckM (: SeD Keg% C4]%$
O(z .Kx(9[dM K%ê L: B4jxuG$! K9åd! SeD! UKx(/% w;a K':VuG o[\q4%$ UKx(9cAM iZ(? C4]: SeD Keg%$
O;dM rRQ'?$ ;"! )('&%$ $#" ^ _ a!6 :5(432%$ LW C4]: LW @a@3%$ CcD E(à/%$ 10(z
K2D Keg%$ 106 5(432%$ LW C4]: 10(/%$ 1WM LD (h9> V≥]%$ {%(? L: SeD Ö=-%$! `"$#4%$
The Evolution of al-Qāḍī al-Nuʿmān’s Theory
U1494'%$ 5;9åv LW C4vM LW 6;P2: LW C4]: LW 5(432%$ 10(/%$ K9WM LD 1WM .$!6! U.(06M!
(AIG;: SeD .(aV F K0-D C3W )('&%$ $#" {2 P: U.$;T:! Kce/2: w-,M! .(06M! K2D Keg%$ 106
L: B4jxuG$! La-"(Ñ%$ Kx(Wê SeD! K9eD Keg%$ f$;ed L92:£4%$ -9:M Kge%$ LaC% @34%$ w(:áG$ (ACå9k!
K% ih2: !] $6 kb, 7-D C3W .C3W L: .C%;%! K% K'a$!6! K[92PZ 5(,! K% KZn(<F! UL9:-,uG$ .C%!
Keg%$ f$;ed L92:£4%$ -9:M Keg %(W @a@3%$ (AIG;: En(<F! UK2D K'a$!6 1> .(aV F KA$#9'k$! KA(:n w(:F SeD
w(:áG$ (AIG;: SeD ç%+ _^0-3> .≈B9A(t ¡En(<F K90(z K2D Keg%$ 106 5(432%$ LW C4]: *C%$;% K9eD
.-h© SeD ozß !! U.C9cD SeD .èRQ:F 1% ≥e•M! K2D K'a$!6 1% n(<s> .-P3%$ w(:F Kge%$ -:sW i,(]%$
C4]: LW @a@3%$ CcD (290(/% .èRQ:F! )('&%$ $#" l(4k (A@<M’ :B9%(3%$ .Ca ° l |W (ñ 4ú† 3: (ñ 39z;Z
186
.L94%(3%$ )
` 6 Keg% C4]%$! .‘5(432%$ LW
Appendix V
187
`"$#4%$ O;d$ rRQ'?$ )(', L: Ba$CW
i9v-%$ L4™v-%$ Keg%$ iJW
… -a#2%$ -9qc%$ C< 4]: .ÕCcD SeD @)('&%$ O@AM *#%$ Keg% C4]%$
Cz UO;k-%$ ≥aCPZ! U5ê-/%$ m~A -"(© SeD ihzÕ([Z√$ C3W Bec/%$ bÒ"M ^ _ aM6 1AX> UC3W (:VM
$;c"+! Uba!s'%$ L: Eƒ-9T, .ƒ;<! 1>! UO;duG$ û3W 1>! l!-[%$ L: -—9T, 1> U(9'[ã%$ 1> $;[e'?$
5πM·’ :.Ç;eZ! bõ<! @D Keg%$ nO;z $;34k 5M C3W U(ñW$@vM $;W@î]Z! U(ñz-> $;z-å[Z! U`"$#: ç%+ 1>
(:ù CŸ3–Wù L:Ÿ IG& F ` @ ˝ î 0 ' &ÕÈ%◊ $›;Zm!M+ Lœa#Ÿ%ÿ◊ æ' -c [' Z÷ (:ù!Ô’ o[ˆ(:ı˜ ø6;q%$ E6;k] ÙŸK9>Õ $›;z¿-c [' '0 Z÷ IGh !Ô LœaC\Ÿ%◊ $;4…9zÕM·
œLa#Ÿ%ÿ◊ { r e3 '0 ?q ◊ (ù:!Ô i…î˝îe3 ke áp G˙◊ KŸe‡%◊ C' 2DŸ LœaC\Ÿ%◊ 5“F’ :bõ<! @D K%;z! .[ı:¯f B29åc%$ E6;k] ÙB¿2A !9åc‰%È◊ i…hE ZO èÊ(Â<C
5' !-¥W\ C' 0'aù RQ÷>3 M·’ :K%;z! .[ˆ¯:( 5$-4D Oê E6;k] Ùi–hE 2A 9ÌWù (ñ9;OWù i…e›3Õ%È◊ i…"ÇèÊ(Â<C (:ù CŸ3–Wù L:Ÿ IG& F ` @ ˝ î 0 ' &Õ%È◊ $›;Zm!M+
(ñ[˝ î 3 e 'Õ?q ◊ KŸ9>Õ $›!CãC<;œ%Ú KŸe‡%◊ -! 9Ì8v CŸ2DŸ L–:Ÿ '5(,Á ;–%Ú!Ô’ U[˜ı:ıu C4]: E6;k] Ù(ÂhÔ%t ([' zg M· ) s ;e$ z¿ Sd e3 DÒ wÛM· '5$èÊ-Ì/ã%È◊
-:M! UrRQ'xIG$! l(4'<IG$ S%F (D=! UrRQ'?IG$! ≥a-['%$ .Çë(2t bõ< w" #> .[f˜:ı è(J2%$ E6;k] Ù$y-9TÕ,Á
L93'kM Keg%(W! U^ _ aM6 Cz! .K9> ≥a-['%$ LD ShA! ULaC%$ B:(zF 1> `8x 6! UK9eD û w v! Uç%#W
-! ?$!n L:! UyC3'kM! Cãï-'kM 1'z([% .Ç(aVF! UOfi;DM .Õ=Ö$;:! .Õ=(ï6F! KŸ9å%! C9x(Z SeD! Ub,ß;ZM K9eD!
UK9%F i"(D= *#%$! ih>RQ'?$ BÕeö3W K9> 2C'W$! )('&%$ $#" °JWM 5sW UCy 4'kM! r Ø -'8M .Õ-]W
Õ.=(J> 5fl(9W! UihJ[AuG .Ç;e$ XdM (:! Uih%;z BÕe4< !-,#W ç%+ $;eZM! UK9> ihccåk! UK9eD ihe4v!
bxIGC%$! K% C"$;q%$! UKŸA(9W! KŸv(àaF! UK9> $;[e'?$ (49> ≥z ]%$ b"M `"#: -! ,#W KÇ3[\ïM! Uih9eD
186 Nuʿmān, Ikhtilāf, pp. a–b.
187 Nuʿmān, Ikhtilāf, pp. –.
The Study of Shiʿi Islam
≥\ ]%$ K9> ^º z6(> (49> (h9eD =Ö-%$! UKÇ'%(z (4W (h<(ó'v$! Bƒz-> kb, On ;z ç%+ C3W -¥,+M it .K9eD
)
@ $;t èÊ(<6 UwRQJ%$ ih9eD (2'4jxM LD .(A#vM (: `J]W ç%+ 1> ≥z ]%$ bË"M On ;z! UKÇ'e]'A$ (4W
.KW$;WuG L9]Z([%$! K% LaC9[4%$ Keg%$ è(9%!{Q> 5("-c%$ (:Vs> .KW(cksW Ba(23%$! Uç%+ 1> B:C|%$
Appendix VI
188
:LaC%$ w(&vM 1> L9[e'|4%$ O;z Be4< -,+
1> $y-"(© w$-]%$! ORQ]%$ ieD! w(&vuG$ L: 5(, (: 5\M B:V(3%$ L: K/[%$ S%F 5;W;J24%$ o4<M
1> ”4'%M+ 5ê-/%$ 1> ç%+ L: ih4D@W C<;a i% (: 5\M! UKW b43%$! i&]%$ `<! 5ê-/%$ ~ ‘ A
|-9T, O(z! ..-98 S%F C\3'a i%! KW #?M+ B2J%$ 1> C<!E 5\X> .K%ê SeD! K9eD Keg%$ Seöd O;k-%$ B2k
K9eD Keg%$ Seöd Keg%$ O;k6 B2k 1> IG! .-,+ bõ< Keg%$ )(', 1> ç%+ L: L&a i% (:!’ :ih2:
i"(2cdM 5πF! UKW (A#?M K9eD $;34<M! .;%(z Cz i"(2cdM 5X> .BW(]P%$ O;z 1> .(A-úA K%ê SeD!
.‘KW (2e/> Uih2: (2§ï L: O;z (A-9c |Z K9> $;[e'?$
IG! Keg%$ )(', 1> .CóA i% (:! UK%;z LD ì-|A i% ih2: KW O(z .(2cdM L:!’ :ihà3W O(z!
(4: 5(, 5πX> U(A-úA BW(]P%$ L: <CvM O;z 1> IG! K%ê SeD! K9eD Keg%$ Seöd Keg%$ O;k6 B2k 1>
‘.K9> ihD(4<F LD ì-|A i%! UKW (2ez K9eD è(4e3%$ o4'<$
UK%;/W $;%(/> .ih:C\/Z L4: bÀx(z O;z S%F ih2: ≥Àa-> bY , `"#> U.!Ceöz L49> $;[e'?$! …
L: O;z LD $;0-DM! Ui"C2D B¶ó ´ v K%;z $;:(zM! Uih9eD K:-åv (: $;:-åv! Uih% KeövM (: $;eövM!
:$;%(z! … 5!-?ê ihz6(>! Uih[%(? L4j: ñ(:;z ih2: w/ ;z -[\,! Uñ(à3W ihà3W sц?! … K[%(?
*M-%(W 5!-?ê O(z! UÅ(9/%(W ihà3W O(/> ‘.i"Ceö/A IG! .;Ñc2'k$ (4, °c2'JA 5M (2%’
.#"! .OIGC'kIG(W 5!-?ê O(z! U-ú2%(W 5!-?≤G$ O(z! U5(J]'kIG(W 5!-?ê O(z! .=(h'<IG$!
(h34óa! U<Cv$! bÀdM S%F o<-a (he} ,! .ih4D@W V≥]%$ S%F (";cJ29% ihc"$#: (hW $;c/\% )(/%M
. … Ljú%$! ø;h%$ l(cZ√$ ;"! C< k(> S23:
Appendix VII
O;/%$ S%F `"#a L: û3W ^ _ a6(< 1AF ç%+! $#" bT: 1> )('&%$ $#" 134< `ck 5(,!
)('&%$ $#" 1> Bó
´ ]%$ L: f
ä -,+ (: bT4W K9eD ^
_ óó'v$! UKW O;/%$ =(J> K% _^2Ws> .=(h'<IG(W
188 Nuʿmān, Ikhtilāf, pp. –.
The Evolution of al-Qāḍī al-Nuʿmān’s Theory
-,+ B¶k$-å, o4< KAM ç%+ C3W S%F Sh'A$ ijt .o<6! ≥V]%(W r-'D$ KAM ^ _ aM6 Cz! .oÑ/A$ S'Év
_ 9&v Cz! .K9eD 5(, (: SeD Bó
^ ´ ]%$ C3W K2: $y6$-dF K9> ih'ó´ v! U=(h'<IG(W L9ex(/%$ O;z (h9>
L: S®%F Sh'A$ (j4: ç%+ -98! UKW(]dM O;z L: K'k$å-, 1> K[2d (: o94< )('&%$ $#" 1>
O(ÑWF S%F CPzM 5M 6M i%! .K9> ih9eD Bó ´ ]%$! .=(J> ^ _ 2WM! U.-,#a i% (4j: ihóóv! ih%;z
)('&%$ $#" 1> K[2d (4j: .$;k (: ^_ 9àZ6$ 1AYF K9%F 12D ç%+ Sh'A$ L: ø-9> .Bd ~ (? =(h'<IG$
(49> Bó´ ]%$! ihea!(zM o94< -,+ U≥9>;'%$ Keg%(W! U^ _ aM-> .≥V]e% L9[%(|4%$ `"$#: O;dM L:
ç%+ b3óa 5M ;<6M! OfiskM .(aVF! U.-,+ bõ< ç%+ 1> S%(3Z Keg%$ )$;t èÊ(<6 Uih9eD .;ed ~ M
iöek! K'9W b"M L: 6$-WuG$ B4jxuG$ SeD! K%;k6! .CcD C< 4]: SeD Keg%$ Seöd! Kh<;% (ñP%(?
189
.(ñ49eJZ
189 Nuʿmān, Ikhtilāf, pp. –.
Journal of Shi‘a Islamic Studies Summer 2015 ∙ Vol. VIII ∙ No. 3
Wealth and Poverty in the QurÞan and
Traditions of the Prophet, and How Those
Concepts are Ref lected in the RasaÞ il
Ikhwan al‑SafaÞ
I s m a i l Po onawa l a
University of California, Los Angeles, USA
ABSTRACT: The aim of this paper is to scrutinize abstract notions
of wealth and poverty as portrayed in the QurÞan and the traditions
of the Prophet, and how those concepts are reflected in a well-known
encyclopaedia entitled RasaÞil Ikhwan al‑SafaÞ that circulated the
Arab world at the turn of the tenth century. In the conclusion I
tentatively argue that, despite their revolutionary attitude toward the
prevailing religio-political authorities, the Ikhwan took a conservative
stance concerning wealth and poverty by striking a balance between
excessive wealth and abject poverty.
KEYWORDS: Ikhwan al-SafaÞ, Epistles of the Brethren of Purity,
QurÞan, wealth, medieval Islam, Islamic philosophy
Introduction1
The following study examines the abstract concepts of wealth and
poverty2 in the foundational texts of Islam and how they are reflected
in the famous encyclopaedia entitled RasaÞil Ikhwan al‑SafaÞ wa Khullan
al‑WafaÞ (Epistles of the Sincere Brethren and Faithful Friends, which it will
henceforth be referred to as, and often translated as the Brethren of Purity
and Loyal Friends) that circulated widely at the end of the third/ninth and
the beginning of the fourth/tenth centuries.3 The notions of poverty and
charity in Islam have been analysed before, albeit discursively, by scholars
from different perspectives.4 The notion of wealth in the QurÞan, on the
263
Wealth and Poverty Ismail Poonawala
other hand, has not been dealt with comprehensively as far as it can be
ascertained. With regard to the Epistles of the Sincere Brethren, to the best
of my knowledge, the above themes have not been previously explored.
The study is, therefore, divided into three sections. The first,
introductory part briefly sketches the relationship between religion
and wealth, on the one hand, and religion and poverty, on the other,
from a sociological perspective. It is followed by a review of a widely
accepted thesis concerning the rise of Islam and the socio-economic
environment that prevailed in pre-Islamic Arabia, especially in Mecca
where Muhammad grew up and received his early revelations. The second
section investigates the notions of wealth and poverty as depicted in the
QurÞan and the traditions of the Prophet (ahadith, pl. of hadith). The last
section scrutinizes how the Ikhwan perceived those notions.
The Ikhwan were members of a secretive religio-political movement
and an intellectual organization of the late third/beginning of the tenth
century, whose goal was to supplant the Sunni ÝAbbasid caliphate with
a ShiÝi imamate. The brotherhood of the Ikhwan al‑SafaÞ wa-Khullan
al‑WafaÞ (Sincere Brethren and Faithful Friends) was a pseudonym assumed
by the authors to conceal their true identity. They describe themselves as
truth-seekers whose aim was to reform Muslim society from within. They
entered into the ongoing debate between the proponents of the imported
Greek sciences and philosophy and the adherents of Islamic revelation, in
which each side claimed to possess the truth. The authors of the RasaÞil
combined the main tenets of the ShiÝi faith, such as the need for and
existence of a divinely sanctioned supreme authority, the Imam, with
the validity of reason as source of knowledge. Thus, they synthesized
reason with revelation basing it on Neoplatonic philosophy and ShiÝi
doctrine, and offered a new world order under the aegis of the Imam,
who resembles Plato’s philosopher-king. They also formulated a model of
an inclusive Islam with values of tolerance and understanding between
different religions and cultures. Their so-called ‘liberal’ interpretation of
Islam was still rooted in the spirit of the QurÞan, especially the themes
present in verses 62 of Surat al‑Baqarah and 69 of Surat al‑MaÞidah, and
verses 136 and 285 of Surat al‑Baqarah and verse 84 of Surat Al ÝImran.5
However, with regard to wealth and poverty, they diluted the QurÞan’s
harsh tone to a certain extent, and took a middle-of-the-road stance in
striking a balance between excessive wealth and abject poverty.
264
Journal of Shi‘a Islamic Studies Summer 2015 ∙ Vol. VIII ∙ No. 3
I
The relationship between religion and wealth is complex and has
been passionately debated by scholars. Most economists have stressed
the negative impact of religion on wealth. Adam Smith, for example,
believed that clergymen were members of an unproductive frivolous
profession. Others have argued that religion is a major cause of economic
underdevelopment. Similarly it has been contended that the Islamic
shariÝah is an impediment to modernization in Muslim countries. Max
Weber (d. 1920), the most influential twentieth-century social scientist,
emphasized the negative role of the religions of the East. Those who
criticize Weber assert that the rise of capitalism was accompanied by a
decline in credence given to magic and religious belief.6
Thus, there is no simple way to characterize the relationship
between religion and wealth in light of the determinate role played by
the specific historical and social circumstances that prevailed at the
origin of a particular religion. Furthermore, religion’s influence on the
wealth or poverty of a country is governed in conjunction with another
set of complicated social variables, secular institutions, and values in
general. The most significant contributions made by Protestantism to
the development of capitalism, according to Winston Davis, were its
general indifference to the social problem of poverty, its hostility to the
labour movement, and its assumption that individualism is as ‘natural’
in economics as it is in religion.7
The relationship between religion and wealth, therefore, varies from
one society to another. Since religion and wealth were closely intertwined
in prehistoric societies, ownership and wealth were woven into a rich
tapestry of myth, ritual, moral values, and other ideals. However, with
the advent of Hinduism, Buddhism, and the Abrahamic religions, the
relationship between religion and wealth changed significantly. One
should bear in mind that in the ancient Near East, and later in the Far
East, and Catholic Europe, religious institutions themselves became
powerful landlords, controlling trade and the use of large tracts of land
for their own interests.8
On the other hand, poverty, a principle of voluntary worldly
asceticism, or limitation of material possession as a virtue, is incorporated
into the world’s major religions. What each religious tradition deems
necessary for the attainment of human aspirations determines the way
265
Wealth and Poverty Ismail Poonawala
in which poverty is viewed. This paper is not concerned with definitions
of poverty as it is dealt with by Michael Bonner in his article entitled
‘Definitions of Poverty and the Rise of the Muslim Urban Poor.’9 Bonner
does, however, reach an important conclusion drawn from early Islamic
history which is relevant to our discussion of the RasaÞil; hence, it will be
discussed at the end to conclude this paper.
Almsgiving in many religions is regarded as a religious obligation;
sharing of one’s excessive possessions and even the necessities of life with
the poor is often seen as the moral responsibility of the wealthy. Poverty
also denotes a sense of detachment from worldly pleasures in the quest
of a higher spiritual good. Historically, some religious and philosophical
figures have regarded voluntary poverty as a spiritual good in the sense
that it fosters the principle of self-sufficiency. The notion that one could
easily become obsessed with possessions was, for such groups as the Stoics,
Pythagoreans, the Sincere Brethren, and the mystics of Islam, a reason
for incorporating some degree of poverty into their codes of personal
discipline.10 The early Muslim jurists ( fuqahaÞ), in passing, considered
the questions related to the poor and poverty in their discussions of alms
(zakat and sadaqah). The subject was also debated in Sufi circles. The
designation of poverty as a spiritual state did not go uncontested. While
some Sufis considered poverty to be a major part of their spirituality,
others were more cautious in their evaluations of the holy poor.11
Now, turning to prevailing socio-economic conditions in pre-Islamic
Arabia just before the advent of Islam, one has to look closely at Mecca
where the Prophet was born and raised, because it was this milieu that
nurtured and determined relations between Islam and wealth, on the one
hand, and Islam and poverty, on the other. Muslim historians depicted
pre-Islamic Mecca as a thriving capitalist hub, a central point on the
north-south trade route that ran the length of western Arabia from the
ports of Yemen up to the Mediterranean, and to Damascus and beyond.
It was ruled by an oligarchy and power was held in the hands of the
wealthy few. Every aspect of the pilgrimage to Mecca had been carefully
calculated by them down to the last gram of silver or gold or its equivalent
in trade. Fees were required for setting up a tent, entry into the KaÝbah
precinct, water, food, and clothes. All of this benefitted the Quraysh
tribe. Their business was in faith, and their faith was in business. The
wealthy took wealth as a virtue in and of itself, a sign that they had been
favoured by God. This image was contrary to the Bedouins who believed
266
Journal of Shi‘a Islamic Studies Summer 2015 ∙ Vol. VIII ∙ No. 3
all property ought to be held in common for the benefit of the tribe and
its clans.
Consequently, wealth and poverty have received a lot of attention,
especially in the works of W. Montgomery Watt in the 1950s and 1960s.
He argued that Muhammad’s activity as a prophet in Mecca took place
within a larger context of weakening social solidarity and the growth of
individualism. Meccan merchants, consisting mostly of the dominant
Quraysh tribe, accumulated riches without regard for the poor and
deprived members of their society. In short, the story of Meccan trade,
which has been told with increasing refinement to the present, received
the lion’s share of attention in Montgomery Watt’s diagnosis of the
malaise in Arabia (especially in Mecca) on the eve of the of the beginning
of the Prophet’s mission.12
II
The central message of the QurÞan besides the concept of ‘the Oneness
of God (tawhid)’, during the Meccan phase, is socio-economic justice.13
Both concepts are intertwined and one cannot be separated from the
other. The doctrine of charity, in terms of alleviating suffering and
helping the needy, constitutes an integral part of Islamic teachings.
In the earliest passages of the QurÞan, one finds expressions of severe
hostility towards wealth, the recommendation that the rich make worthy
use of their possessions, and threats of harsh chastisement by God. The
remedy applied to the evils caused by the inequality of wealth is taxation
(zakat, i.e. obligatory alms) of the rich. The QurÞan sets forth a worthy
precept of circulation of wealth among the poor and needy, not from the
rich to the rich. The QurÞan makes constant admonitions and demands
for zakat/sadaqah.14 Several verses prod reluctant affluent Muslims into
making such donations. Referring to those who feared that charity might
reduce their wealth, it states:
And should you fear poverty, then [know that] in time God
will enrich you out of His bounty. (Q 9:28)15
It is worth noting that the QurÞan asserts a right/claim (haqq) which
inheres in possessions. It states:
267
Wealth and Poverty Ismail Poonawala
And [would assign] in all that they possessed a due share unto
such as might ask [for help] and such as might suffer privation
( fi amwalihim haqqun li-al‑saÞil wa al‑mahrum). (Q 51:19)
In another place it states:
And in whose possessions there is a due share, acknowledged
[by them], for such as ask [for help] and such as are deprived
[of what is good in life] ( fi amwalihim haqqun maÝlumun li-
al‑saÞil wa al‑mahrum). (Q 70:24-25)
The Prophet dispatched his agents to collect the zakat. He instructed
them to take zakat out of the possessions (amwal) of the rich and return
them to the poor. The QurÞan states:
[Hence, O Prophet,] accept that [part] of their possessions
which is offered for the sake of God, so that thou mayest
cleanse them thereby and cause them to grow in purity, and
pray for them: behold thy prayer will be [a source of] comfort
to them […]. (Q 9:103)
A type of profit that was particularly excessive, riba (usury), was
totally forbidden.16 Any speculation in foodstuffs, especially hoarding
them, is forbidden. Similarly, any selling wherein there is an element
of speculation or uncertainty is prohibited.17 Praying to God and other
devotional acts are deemed to be a pure façade in the absence of active
welfare service to the needy. In Surat al‑MaÝun (Assistance), it states:
Hast thou ever considered [the kind of man] who gives the lie
to all moral law? Behold, it is this [kind of man] that thrusts
the orphan away, and feels no urge to feed the needy. Woe,
then, unto those praying ones whose hearts from their prayer
are remote – those who want only to be seen and praised, and,
withal, deny all assistance [to their fellow men]. (Q 107)18
Man is by nature timid: when evil befalls him, he panics, but when
good things come to him he prevents them from reaching others. Human
nature is, thus, aptly depicted in the following verse.
268
Journal of Shi‘a Islamic Studies Summer 2015 ∙ Vol. VIII ∙ No. 3
Verily, man is born with restless disposition. [As a rule,]
whenever misfortune touches him, he is filled with self-
pity, and whenever good fortune comes to him, he selfishly
withholds it [from others]. (Q 70:19-21)
In another passage the QurÞanic criticism of human nature becomes
very sharp. It states:
But as for man, whenever his Sustainer tries him by His
generosity and by letting him enjoy a life of ease, he says, ‘My
Sustainer has been [justly] generous towards me;’ whereas,
whenever He tries him by straitening his means of livelihood,
he says, ‘My Sustainer has disgraced me.’ But nay, nay, [O men,
consider all that you do and fail to do:] you are not generous
towards the orphan, and you do not urge one another to feed
the needy, and you devour the inheritance [of others] with
devouring greed, and you love wealth with boundless love! (Q
89:15-20)
The QurÞan vehemently criticizes the accumulation of wealth for
wealth’s sake in chapters 102 and 104. In Surat al‑Takathur (Insatiable
Greed),19 it states:
You are obsessed by greed for more and more until you go down
to your graves! Nay, in time you will come to understand! And
once again: Nay, in time you will come to understand! Nay, if
you could but understand [it] with an understanding [born] of
certainty, you would indeed, most surely, behold the blazing
fire [of hell]! In the end you will indeed, most surely, behold
it with the eye of certainty: and on that Day you will most
surely be called to account for [what you did with] the boon
of life! (Q 102)
In Surat al‑Humazah (the Slanderer), it states:
Woe unto every slanderer, fault-finder! [Woe unto him] who
amasses wealth and counts it a safeguard, thinking that his
wealth will make him live forever! Nay, but [in the life to come
269
Wealth and Poverty Ismail Poonawala
such as] he shall indeed be abandoned to crushing torment!
And what could make thee conceive what the crushing torment
will be? A fire kindled by God, which will rise over the [guilty]
hearts: verily it will close in upon them in endless columns!
(Q 104:2-9)
The QurÞan stipulates that the rich should participate in charity
more or less in proportion to their incomes. In Surat al‑Layl (the Night),
it states:
Thus, as for him who gives [to others] and is conscious of God,
and believes in the truth of the ultimate good – for him shall
We make easy the path towards [ultimate] ease. But as for him
who is niggardly, and thinks that he is self-sufficient, and calls
the ultimate good a lie – for him shall We make easy the path
towards hardship; and what will his wealth avail him when he
goes down [to his grave]? […] he that spends his possessions [on
others] so that he might grow in purity – not as payment for
favours received, but only out of a longing for the countenance
of his Sustainer, the All-Highest: and as such, indeed shall in
time be well-pleased. (Q 92:5-10, 18-21)
Feeding the hungry, an orphan near of kin, or a needy [stranger] lying
in the dust, and freeing a human being from bondage are praised and
encouraged by the QurÞan. In Surat al‑Balad (the Land), it states:
[It is] the freeing of a human being from bondage,20 or the
feeding, upon a day of [one’s own] hunger, of an orphan near
of kid, or of a needy [stranger] lying in the dust – and being
withal, of those who have attained to faith and who enjoin
upon one another patience in adversity, and enjoin upon
one another compassion. Such as they that have attained to
righteousness; whereas those who are bent on denying the
truth of Our messages – they are such as have lost themselves
in evil, the [with] fire closing in upon them. (Q 90:13-20; see
also 76:8-9 where people feed the needy, the orphan and the
captive for the sake of God.)
270
Journal of Shi‘a Islamic Studies Summer 2015 ∙ Vol. VIII ∙ No. 3
In his Islam et Capitalisme, Maxime Rodinson states that the QurÞan is
not opposed to private property, since it lays down rules for inheritance.
The QurÞan looks with favour upon commercial activity, confining itself
to condemning fraudulent practices.21 It also advises that inequalities
among men concerning God’s bounties are not to be challenged,22
contenting itself with denouncing the habitual impiety of rich people,
stressing the uselessness of wealth in the face of God’s judgment and the
temptation to neglect religion and charity that wealth brings.23
With regard to the second Islamic source it should be emphasized
that in general one finds an echo of the QurÞan in countless traditions.24
Devouring riba and consuming the property of an orphan are enumerated
among the major sins and signs of hypocrisy.25 In the chapter on zakat
most of the traditions reiterate that zakat is to be taken from the rich and
distributed among the poor and needy. Those who withhold this tax are
warned of severe punishment by God.26
It is interesting to note that in the chapter on zakat there is a
section entitled ‘Those who are not allowed to beg and those who are.’27
Accordingly, begging is acceptable for three classes of people. First, for
a man who has become a guarantor for a payment (as an undertaking
to pay someone else’s debt or blood money). Begging is permitted for
him until he acquires it, after which he must stop. Second, begging is
sanctioned for a man whose property has been destroyed by a calamity
and has smitten him. He is allowed to beg until he gets what will
support life or provide a reasonable subsistence for him and his family.
Third, a man who has been struck by poverty may beg until he obtains
sufficient support as long as his poverty is confirmed by three learned
members of his people.28 In short, begging is not permitted except in dire
circumstances. Yet another tradition states that begging is not permitted
for those who have [physical] strength and are sound in limbs, but only
to those who are in grinding poverty or serious debt.29
The above section is followed by a subdivision entitled ‘Spending, and
disapproval of avarice’, wherein miserliness is condemned, and generous
people who help the poor and needy are commended.30 It is followed
by yet another segment enumerating the excellence of sadaqah. The first
tradition, transmitted by both Bukhari and Muslim, states that if anyone
gives as sadaqah the equivalent of a date from something lawfully earned,
God will accept it, until it becomes like a mountain.31 Another tradition
also transmitted by the shaykhan (i.e., Bukhari and Muslim) states that
271
Wealth and Poverty Ismail Poonawala
every act of kindness (kull maÝruf ) is sadaqah.32
The section on the excellence of the poor and the Prophet’s livelihood
is preceded by a section on ‘Words which soften the heart’. Cited here is
the famous tradition that goes: ‘The world is the believer’s prison and the
infidel’s paradise.’33 Several traditions state that the majority of those who
shall enter paradise will be the poor and that the rich will be held back.
Another tradition put in the mouth of the Prophet says: ‘I looked into
paradise and saw that most of its inhabitants were the poor.’34 A different
tradition says: ‘It is by the blessing of the presence of the poor in the
community that the people get support against their enemies and receive
their provision.’ This section is closely interwoven with the livelihood
of the Prophet and his family stating that Muhammad’s family did not
have enough barley bread to satisfy them on two consecutive days up to
the time when God’s Messenger was taken by death.35
According to another tradition, trade is considered a superior way
of earning one’s livelihood. In a number of traditions hoarding wealth
without recognizing the rights of the poor is threatened with the most
severe punishment in the hereafter and is declared to be a main cause
of social decay. Several traditions stress that one should not let a beggar
(saÞil) go away empty handed, even if that means sending him away with
naught but a cloven hoof (zilf ).36
III
Ikhwan al‑SafaÞ is a pseudonym assumed by the authors of a well-known
encyclopaedia of the philosophical sciences who described themselves
as a group of ‘truth seekers.’ Members of a religio-political movement,
they deliberately concealed their identity so that their treatises, entitled
RasaÞil Ikhwan al‑SafaÞ wa Khullan al‑WafaÞ (Epistles of the Sincere Brethren
and Faithful Friends), would gain wider circulation and appeal to a
broad cross-section of society. The Ikhwan employ fables, parables, and
allegories to illustrate and prove their doctrine while not revealing their
identities; as a result, much of their system of belief remains hidden from
the careless reader.37 The reason they give for hiding secrets from the
people is not their fear of earthly rulers, but a desire to protect their God-
given gifts. To support their contention they invoke Christ’s dictum not
to squander wisdom by giving it to those unworthy of it.38
272
Journal of Shi‘a Islamic Studies Summer 2015 ∙ Vol. VIII ∙ No. 3
It should be stated at the outset that there is no separate treatment of
wealth and poverty because the encyclopaedia was designed for various
disciplines, such as the mathematical, physical and natural sciences in
addition to the spiritual‑intellectual and juridical‑theological sciences.
Hence, one should not expect any explicit expression either in approval
or disapproval of those concepts. Moreover, one has to bear in mind that
their doctrine, being oriented to Neoplatonism and Neo-Pythagoreanism,
has an overwhelmingly ascetic tone. Thus, it assumes philosophical,
spiritual, and ethical implications that one should exercise the body in
the pursuit of not only a physical goal but also the will, the mind, and the
soul to attain a more virtuous life or, in other words, a higher spiritual
state. When asceticism is used in a religious context, it further implies
a voluntary and sustained program of self-discipline and self-denial in
which immediate, sensual or profane gratifications are denounced to
attain higher spiritual aspirations.39 Therefore, the prophetic tradition
that this world is a prison for the faithful and a paradise for the infidel
is reiterated.40
Let us begin with some scattered remarks about the wealthy and the
poor. In the eighth epistle ‘On the practical arts and their objectives’ ( fi
al‑sanaÞiÝ al‑Ýamaliyyah wa al‑gharad minha) of the first group entitled
‘Mathematical‑Philosophical Sciences’, they classify people into three
broad categories and state:
Know, O my brother all people are either craftsmen, rich
merchants, or poor. The craftsmen are those who work with their
bodies and tools […] and their goal is to obtain compensation
for their manufactured goods for the improvement of their
living. The merchants conclude their bargains of purchase
and sale while their goal is to seek more than what they
invested in. The wealthy, on the other hand, control both the
natural (resources) and manufactured goods and their goal in
collecting and preserving those sources is their fear of (falling
into) poverty, while the poor are those who are in need of those
things and seek to improve their living.41
The above passage hardly reveals anything. In another epistle ‘On the
explanation of characteristics and the reasons for their differences’ ( fi
bayan al‑akhlaq wa asbab ikhtilafiha) they divide people into four classes
273
Wealth and Poverty Ismail Poonawala
with respect to attaining happiness in this world and the next.42 The first
category of people – happy in this world and the next – are those who
were content with their lot in life and did good deeds, as the Almighty
said: ‘Whatever good deed you send ahead for your own selves, you
shall find it with God’ (Q 2:110). The second category of people – happy
in this world but miserable in the hereafter – are those who had lot of
wealth and, enjoyed their worldly life but were heedless of moral law
(namus) as the Almighty said: ‘You have exhausted your [share of] good
things in your worldly life, having enjoyed them [without any thought
of the hereafter]: and so today you shall be requited with the suffering
of humiliation for having gloried on earth in your arrogance’ (Q 46:20).
The third category of people – miserable in this world but happy in the
hereafter – are those who faced misfortunes, yet served their fellow beings
and followed moral law. They are variously described in the QurÞan, for
example God says: ‘Verily, they who are patient in adversity will be given
their reward in full, beyond all reckoning!’ (Q 39:10) The fourth category
of people – miserable in this world and the hereafter – are those who did
not have good fortune in this world. Despite toiling all their lives they
achieved no wealth. They also did not follow moral law, and thus they
lost both worlds.43
In a section entitled ‘On the explanation of the animals’ complaint
against the injustice of humans’ ( fi bayan shikayat al‑haywan min jawr
al‑ins), the wealthy merchants, landlords and builders come under severe
criticism from the parrot, the spokesperson of the animals.44 Refuting
the boasts of the human spokesman, the parrot ripostes:
As for your merchants, landlords, and builders you boast
of, they’re nothing to brag about. They live lives lower than
miserable slaves or helpless beggars. You see them all day
long, distracted by putting up buildings they’ll never live in,
planting crops they will not reap, gathering harvests they will
not eat […]. Such a person gathers dirhams, dinars, and goods,
too tight with his purse strings to spend on himself. Then
he leaves it all to his wife’s (new) husband, his son’s wife, his
daughter’s husband, or someone he’s never met during his life.
You see them toiling for others, without repose until they die.
Your merchants gather goods by fair means or foul. They
274
Journal of Shi‘a Islamic Studies Summer 2015 ∙ Vol. VIII ∙ No. 3
build shops and stores and fill them with goods, hoarding and
crowding themselves, their neighbours and brethren. They
deprive the poor, the orphaned, and the wretched of their
rights, not spending what they’ve amassed in godly ways – until
they lose it all in a fire or a flood, or by theft, or confiscation
by a despotic government, or to highwaymen or the like. Then
the merchant is left with his misery and grief, inflicted by his
own hand. He has given no alms tax or charity, befriended no
orphan, extended no kindness to the helpless. So he has no
bonds of kinship or friendship to call on, and he is unready
for resurrection and ill-prepared for the hereafter.45
There is a section entitled ‘On the description of the poor, miserable
and misfortunate’ ( fi bayan al‑fuqaraÞ wa al‑masakin wa ahl al‑balwa) in
the forty-second epistle of the third group entitled Spiritual‑Intellectual
Sciences that deserves close scrutiny for their views on wealth and
poverty.46 It is a short section of two and a half pages, and I would like
to present its summary. They state:
The above group of people (i.e. the poor, miserable, and
misfortunate) is a blessing and an admonition to the wealthy
and affluent. Those who enjoy this worldly affluence should
know that God has not done any favour to them or rewarded
them with riches [for any reason]. Nor did He recompense
the poor for their deeds [as punishment]. Rather, reflect on
the condition of the poor and unfortunate and help them.
God says: ‘If you are grateful [to Me], I shall most certainly
give you more and more; but if you are ungrateful, verily, My
chastisement will be severe indeed!’ (Q 14:7)
When those who are faithful and believe in the hereafter
look at those poor and miserable people and ponder over
their situation in this world, it should re-affirm their belief
in the world to come and [let them] know that they [the poor
and the miserable] will be rewarded for their sufferings and
patience as God, the Most High, states: ‘Verily, they who are
patient in adversity will be given their reward in full, beyond
all reckoning!’ (Q 39:10)
275
Wealth and Poverty Ismail Poonawala
Know well that this group (i.e. the poor, miserable, and
misfortunate) possess many virtues ( fadaÞil), and there is a
divine wisdom behind them hidden from the wise and the
affluent. They are the ones who immediately responded to
the call of the prophets, rather than the rich, because they are
content with whatever little they possess. Again they are the
ones who remember their Lord the most, the most honest in
their invocations to God, and more tender at heart.
I hope this will give the reader a glimpse of their views. There is
another important but brief segment in the forty-fifth epistle entitled
‘On the manner of living together with the Sincere Brethren, cooperation
with each other and earnestness for compassion and love in faith and
worldly matters altogether’ ( fi kayfiyyat muÝashirat ikhwan al‑safaÞ wa
taÝawun baÝ duhum maÝa baÝ d, wa sidq al‑shafaqah wa al‑mawaddah fi al‑din
wa al‑dunya jamiÝan) in the fourth group called Juridical‑Theological
Sciences wherein the issue of wealth and poverty is explicitly treated.47
Here, the (voluntary) members of the society of Sincere Brethren are
ranked into three distinct categories: (i) those who are blessed with
worldly affluence but not with knowledge; (ii) those who are bestowed
with knowledge but not with wealth; and (iii) those who possess neither
wealth nor learning but have excellent character and are righteous. How
they should cooperate with each other in realizing their dream of a
utopian state is an eye-opener that reveals how their views on the concepts
of wealth and poverty are closely integrated with their philosophy. What
follows is the summary.
As for those of our brethren who are provided with wealth
but not with knowledge, they ought to seek a brother who is
bestowed with knowledge, embrace him and share with him
his worldly possessions. The latter must give the former the
benefit of his knowledge. Both should assist one another to
improve their lots in this world and the hereafter. The one
with worldly goods ought not to oblige the other and not
despise him on account of his own poverty, since wealth is
nothing but a physical acquisition that lasts its [determined]
physical life cycle on this earth. Knowledge, on the other hand
is a spiritual asset that will count in the afterlife. The essence
276
Journal of Shi‘a Islamic Studies Summer 2015 ∙ Vol. VIII ∙ No. 3
of the soul is better than the essence of the body. In the same
way spiritual life is superior to physical life because the latter
is temporary, limited for a period after which it is cut off and
vanishes, whereas the former survives forever as God states:
‘And neither shall they taste death there after having passed
through their erstwhile death.’ (Q 44:56)
The brother who is bestowed with knowledge also ought not
to envy the brother with wealth and ought not despise him
for his ignorance. He should not brag about his learning and
seek not any recompense [for imparting his knowledge]. Both
of them, in their cooperation with each other, are like the
hand and foot attached to a body, hence they should assist one
another for their own benefit. If the hands assist in removing
a thorn from the feet, they should not expect any reward from
the feet and vice versa.
The Sincere Brethren should assist each other for the
betterment of this world and the next. The mutual support of
the wealthy and the learned is similar to the fate of two fellow
travellers in a vast desert. One of them is endowed with acute
eyesight, knowledge about the tracks and winding paths and
carries heavy provisions, but due to his weak body is unable
to carry a heavy burden. The other is blind and, has a strong
body but is without any provisions for the long winding road.
Hence, the one with eyesight takes the hand of the blind one
and leads him, while the latter lightens the burden of the
former and takes it on his shoulders. Both help each other
with that task. Thus, they would be able to cross the desert and
save themselves [from destruction]. None should boast about
assisting the other or rescuing him from ruin.
As for the one bestowed with learning but not with [worldly]
fortune who does not find anyone to help him out, he ought
to be patient and wait for the relief that God has promised
his friends (awliyaÞ) when He says: ‘And unto everyone
who is conscious of God, 48 He [always] grants a way out [of
unhappiness], and provides for him in a manner beyond all
277
Wealth and Poverty Ismail Poonawala
expectations’ (Q 65:2-3). He also says: ‘And for everyone who is
conscious of God, He grants ease out of his situation’ (Q 65:4).
He should, therefore, be content to know that it is better to be
endowed with learning rather than affluence.
As for our Brethren who possess neither worldly goods nor
learning but are endowed with a chaste soul, sound intellect
without corrupt fancies [and instincts], praiseworthy
character, and love for good and virtuous people, they ought
to be content with what God has apportioned them with
their lot [in this world]. They should not regret the denial of
either affluence or learning because most of the time those
two categories of people [the wealthy and the learned] lack the
qualities our Brethren possess. Because we often find learned
thinkers compose books about refinement of character while
they themselves lack rectitude. On the other hand, one finds
people who are not very learned that are righteous. Thus, it
is obvious that being virtuous is a divine gift. The Prophet
was extolled in the QurÞan for his praise-worthy character.49
Rectitude is the innate quality of the angels and the inhabitants
of paradise. The QurÞan states: ‘God save us! This is no mortal
man! This is naught but a noble angel!’ (Q 12:31) It is only
the people with deviated dispositions, devilish characters, and
inhabitants of the inferno that envy each other as the QurÞan
states: ‘[And] every time a host enters [the fire], it will curse its
fellow-hosts – so much so that, when they all shall have passed
into it, one after another, the last of them will speak [thus] of
the first of them: ‘O our Sustainer! It is they who have led us
astray: give them, therefore, double suffering through fire!’ He
will reply: ‘Every one of you deserves double suffering – but
you know it not.’ (Q 7:38)50
Conclusion
In his admirable study entitled ‘Definitions of Poverty’, M. Bonner
explored various definitions of the urban poor in legal and literary
sources. In his search for the early Muslim poor, he scrutinized the
278
Journal of Shi‘a Islamic Studies Summer 2015 ∙ Vol. VIII ∙ No. 3
event known as ‘The Siege of Baghdad’, i.e. the civil war between the two
brothers al‑Amin and al‑MaÞmun which occurred in 196-98/812-13. By
analysing certain terms, used for wretches, beggars, vagabonds, riffraff,
thieves, rogues, scoundrel, common folk, jailbirds, and people of the
market – often called al‑Ýurat (the naked) by the historian al‑MasÝudi
(d. 345/956)51 – he arrived at the conclusion that there were two competing
views of poverty during the first centuries of Islam: the radical and the
conservative. The former reflects the structure of the early conquest
polity: a society of warriors, kept apart and insulated from the conquered
population which feeds them. The ‘naked warriors’ (al‑Ýurat) described by
the historian al‑MasÝudi, were the urban poor of Baghdad who supported
al‑Amin, and lost their cause with the latter’s defeat. The conservative view,
on the other hand, suggests a different concept of poverty: maintaining
social peace in a world characterized by inequality.52
As stated earlier, the QurÞan advises its readers not to challenge
inequalities among men concerning God’s bounty (wealth) but to
encourage the rich for charity to alleviate poverty and misery.53 The
views of the Ikhwan examined above therefore indicate that despite their
revolutionary zeal toward the prevailing religio-political authorities,
they can be classified as conservative and conforming with the teachings
of the QurÞan and the Sunnah of the Prophet and maintaining a proper
balance between the rich and the poor segments of society according
to the dictates of the QurÞan and the teachings of their imams as well
as for various other reasons.54 First, the Epistles were composed by a
group of urban scholars closely associated with the IsmaÝili movement.55
Second, their doctrines, i.e. the philosophical structure and the
cosmology of their system, are derived from Neoplatonism and Neo-
Pythagoreanism. Eclectic in nature, this system draws on various faiths
and philosophies, with a strong undercurrent of rationalism. Hence,
they are heavily inclined to maintain a balance between excessive wealth
and dire poverty. Their emphasis is directed toward unworldliness,
what is described as asceticism (al‑zuhd fi al‑dunya and not al‑zuhd Ýan
al‑dunya),56 and attaining happiness in the hereafter.57 Third, the Ikhwan
describe themselves as ‘People of justice and scions of those who extol
God and the people who possess the truth and real meaning [of things]
concerning the cleansing of the soul and refinement of character in
order to attain the ultimate happiness, the highest loftiness, everlasting
life and final perfection.’58 Finally, the sub-title/phrase ‘on the cleansing
279
Wealth and Poverty Ismail Poonawala
of the soul and refinement of character in order to attain the ultimate
happiness, the highest loftiness, everlasting life, and the final perfection’
is repeated in the title of each and every Epistle in several manuscript
traditions.59 In conclusion it should be stated that the Epistles present the
QurÞanic teachings of socio-economic justice and communitarian values
with renewed dynamism, but at the same time equally stressing spiritual
inwardness.60 It is quite possible that they spearheaded the pre-Fatimid
intellectual movement as suggested by Abbas Hamdani.61
Notes
1
I would like to thank my research assistant Thomas Levi Thompson for carefully
reading the final version and making valuable comments and suggestions.
2
Wealth is defined here as large possessions, and an abundance of things that are
objects of human desire, while poverty is defined as lack or relative lack of money or
material possessions.
3
For recent information see Ismail K. Poonawala, ‘Why We Need an Arabic Critical
Edition with an Annotated English Translation of the RasÁÞil IkhwÁn al‑ÑafÁÞ’, in The
IkhwÁn al‑ÑafÁÞ and their RasÁÞil: An Introduction, ed. Nader El-Bizri (Oxford: Oxford
University Press, 2008), 33-57. The authorship and dating of the RasaÞil is a vexed issue
and beyond the scope of this paper. Unfortunately, it was totally ignored by Nader El-
Bizri in his introductory volume mentioned above. In the Introduction to Epistle 34, I
have indicated that that it is high time to put aside the thesis put forth by S. M. Stern
and supported by W. Madelung that the authors of the RasaÞil were the Qaramitah and
that the Epistles were composed around the middle of the fourth/tenth century. See
Ismail K. Poonawala, ‘Introduction to Epistle 34’, in Epistles of the Brethren of Purity:
Sciences of the Soul and Intellect, Part I, An Arabic Critical Edition and English Translation
of Epistles 32-36 (Oxford: Oxford University Press in association with The Institute of
Ismaili Studies, 2015), 67; Ismail K. Poonawala, ‘The RasaÞil Ikhwan al‑SafaÞ and Westen
Scholarship: A Critical evaluation of S. M. Stern and W. Madelung’s contributions’,
paper presented at the conference on ‘ShiÝi Studies: Past and Present’, 9 May 2015,
organized by the Islamic College, London. Papers to be published by the Journal of ShiÝa
Islamic Studies.
4
See note 8 below.
5
The general statement of the QurÞan about other religions is found in two places,
Q 2:62 and Q 5:69. It states: ‘Those who believe and those who are Jews and the
Christians and the SabiÝun – those who believe in God and the Last Day and act
righteously – Their reward is with their Lord, and no fear will be upon them nor will
they grieve.’ The QurÞan, translated into English by Alan Jones (London: Gibb Memorial
Trust, 2007), 31, 121. Prophecy, according to the QurÞan, is the means whereby God
offers guidance to human beings through human intermediaries. The QurÞan insists in
three places (2:136, 285; 3:84) that Muslims should not differentiate among the prophets
280
Journal of Shi‘a Islamic Studies Summer 2015 ∙ Vol. VIII ∙ No. 3
of God. It states: ‘Say [O Prophet], “We believe in God and what was revealed to us and
in what was revealed to Abraham, Isaac, Ishmael, Jacob and the tribes, and in what was
given to Moses and Jesus and in what was given to the prophets from their Lord. We
make no distinction between any of them. We surrender to Him.”’ The QurÞan, 40, 63,
73-74. See also Sachiko Murata & W. Chittick, The Vision of Islam (New York: Paragon
House, 1994), 164-75; Ismail Poonawala, ‘Humanism in IsmÁÝÐlÐ Thought: The Case of
the RasÁÞil IkhwÁn al‑ÑafÁÞ (The Epistles of the Sincere Brethren and Faithful Friends)’,
in M. Morony (ed.), Universality in Islamic Thought: Rationalism, Science and Religious
Belief (London: I. B. Tauris, 2014), 65-144.
6
Winston Davis, ‘Wealth’, in Encyclopedia of Religion XIV, ed. Lindsay Jones, 2nd ed.
(Detroit: Macmillan, 2005), 9707-9710.
7
Ibid.
8
Ibid.
9
Michael Bonner, ‘Definitions of Poverty and the Rise of the Muslim Urban Poor’,
in Journal of the Royal Asiatic Society VI (1996), 335-44; Michael Bonner, ‘Poverty and
Charity in the Rise of Islam’, in Poverty and Charity in Middle Eastern Contexts, ed. M.
Bonner et al. (Albany: State University of New York Press, 2003), 13-30. It should be
noted that one cannot apply the modern tools developed to measure poverty indicators,
because poverty manifests itself in different kinds of deprivation, such as lack of food,
shelter, sanitation, schooling, health care, and so on.
10
Rosemary Rader, ‘Poverty’, in Encyclopedia of Religion XI, ed. Mircea Eliage, 1st ed.
(New York: Macmillan, 1987), 466-67.
11
Adam Sabra, Poverty and Charity in Medieval Islam: Mamluk Egypt, 1250-1517
(Cambridge: Cambridge University Press, 2000), 3-4. He states that on the one hand, the
poor were despised and even feared by the upper classes [rich], though, on the other
hand, they were thought to hold a spiritual status, and one who gave them alms could
expect to be rewarded for his actions.
It is worth noting here that Mustafa Sadiq al‑RafiÝi, an Egyptian author, composed
his book entitled Kitab al‑Masakin (The Destitute) around the early twentieth century.
Al‑RafiÝi chose the format of classical genre of al‑Maqamat for his work of reflection on
poverty. It has become a masterpiece of modern Arabic literature and is admirably
rendered into English by Yusuf Talat DeLorenzo as The Destitute (London: Huma Press,
2013). For maqamat see, A. F. L. Beeston, ‘Al‑HamadhÁnÐ, al‑ÍarÐrÐ and the maqÁmÁt
genre’, in The Cambridge History of Arabic Literature: ÝAbbasid Belles-Lettres, ed. Julia
Ashtiany et al. (Cambridge: Cambridge University Press, 1990), 125-35; C. Brockelmann &
Ch. Pellat, ‘Maþama’, in Encyclopaedia of Islam VI, 2nd ed., 107-15. The gist of
The Destitute can be summed up in the words of the author himself who states: ‘A rich
man who withholds his wealth from the poor may increase it, even virtually, by the
amount that he withholds […] a few dirhams and a few dinars. But, in doing so, he
increases the estrangement of his conscience by his ruthlessness and by his disregard of
moral excellence. In this way he will continue until a day comes on which his conscience
will lose all of its fine sensibilities and, with them, its self-contentment which is the
most approximate of all meanings to true happiness!’ (The Destitute, 94-95)
12
It should be indicated in this regard that Patricia Crone’s Meccan Trade and the Rise
of Islam (Princeton: Princeton University Press, 1987) was a devastating critique of Watt’s
281
Wealth and Poverty Ismail Poonawala
thesis as she argued that Mecca was never the hub for trade that modern scholars have
depicted. In his thesis entitled The Commercial‑Theological Terms in the Koran (Leiden,
1892), for a German doctorate, C. C. Torrey argued that the QurÞan was first addressed
to people engaged in commerce is reflected in its language and ideas. He therefore came
to the conclusion that the commercial‑theological terms were used to express
fundamental points of doctrine and not simply as illustrative metaphors. In his
Introduction to the QurÞan, R. Bell also states that the merchants of Mecca had gained a
monopolistic control of the trade passing up and down the western coastal fringe of
Arabia to the Mediterranean. See W. Montgomery Watt, Bell’s Introduction to the QurÞan,
completely revised and enlarged (Edinburgh: At the University Press, 1970), 304; Simon
Robert, Meccan Trade and Islam: Problems of Origins and Structure (Budapest: Akadémai
Kiadó, 1989). In his Merchant Capital and Islam (Austin: University of Texas Press, 1990),
Mahmood Ibrahim traces the roots of capitalism from the emergence of merchants as
the main force in Mecca from pre-Islamic days through the eruption of the first civil
war (656-61 ce) in Islam. He argues that the rise of merchant capital in Mecca conditioned
the development of Meccan social, economic, religious, and political structures. He
further contends that Islam contributed certain institutional beliefs and practices that
unclogged obstacles and helped merchants gain political and economic hegemony. For
more details on Crone’s critique see M. Bonner, ‘Poverty and Charity in the Rise of
Islam’, 16-18.
13
QurÞanic revelations came to the Prophet gradually over a period of twenty-three
years. The QurÞan is divided into 114 surahs and those surahs are classified as Meccan or
Medinan depending as to where they were revealed. In the Meccan period, the QurÞan
was concerned mainly with the basic beliefs in Islam – the unity of God, the prophethood
of Muhammad, and the Resurrection and Final Judgement – and these themes are
reiterated again and again. The Qur’an: A New Translation, trans. M. Abdel Haleem
(Oxford: Oxford University Press, 2004), xvii.
14
Both the words zakat and sadaqah are used in the QurÞan. Zakat is frequently
paired with salat (prayers), and, contrary to sadaqah, it is used only in the singular and
has no denominative verb corresponding to its sense of giving alms. Sadaqah has
broader connotations than zakat and is used in the QurÞan for both voluntary and
obligatory alms. Sadaqah, as voluntary alms giving, was practiced in Mecca, while zakat
was instituted in Medina. For more details see A. Zysow, ‘ZakÁt’, in Encyclopaedia of
Islam, 2nd ed.; T. H. A. Weir & A. Zysow, ‘Ñadaþa’, in Encyclopaedia of Islam, 2nd ed.
15
All translations of the QurÞan, unless otherwise stated, are by Muhammad Asad,
The Message of the QurÞan: Translated and Explained. The full account of the revealed Arabic
text accompanied by parallel transliteration (Bristol: The Book Foundation, 2003).
16
It is referred to in Q 2:275-78; 3:130; 4:161; J. Schacht, ‘RibÁ’, in Encyclopaedia of
Islam, 2nd ed.
17
al‑Tabrizi, Mishkat al‑Masabih II, ed. Muhammad Nasir al‑Din al‑Albani
(Damascus: al‑Maktab al‑Islami, 1961), 92-103; al‑Tabrizi, Mishkat al‑Masabih I, trans.
James Robson (Lahore: Sh. Muhammad Ashraf, 1975), 607-13 (Chap. V, Business
Transactions which are Forbidden).
18
The term maÝun comprises the many small items needed for one’s daily use, as well
as the occasional acts of kindness consisting in helping out one’s fellow-man with such
282
Journal of Shi‘a Islamic Studies Summer 2015 ∙ Vol. VIII ∙ No. 3
items. In its wider sense, it denotes ‘aid’ or ‘assistance’ in any difficulty. Muhammad
Asad, The Message of the QurÞÁn, 1118, n. 4. See also Ibn Manzur, Lisan al‑ÝArab (Cairo: Dar
al‑MaÝarif, n.d.), s.v. m-Ý-n.
19
Al‑Takathur has been translated variously by the QurÞan translators, such as
‘Rivalry in Worldly Increase’, by M. Pickthall (London: George Allen & Unwin Ltd.,
1969, fifth impression), 666; ‘Piling Up’, by A. Yusuf Ali, The Holy QurÞan, Text, Translation
and Commentary (Washington, D.C.: The Islamic Center, n.d.), 1780; ‘Emulation’, by R.
Bell, in The QurÞan, Translated, with a critical re-arrangement of the Surahs II, reprint
(Edinburgh: T. & T. Clark, 1060), 675; ‘Rivalry’, by A. Arberry, The Koran Interpreted II
(New York: Simon & Schuster, 1996 - First Touchstone Edition), 348; ‘Die Sucht mehr zu
haben’, R. Paret, Der Koran, Übersetzung (Stuttgart: W. Kohlhammer Verlag, 1962), 517;
‘La Rivalité’, by R. Blachère, Le Coran (Paris: G.P. Maisonneuve & Larose, 1966), 663;
‘Rivalry in Worldly Gain’, by A. Jones, The QurÞan (London: Gibb Memorial Trust,
2007), 586; ‘Worldly Gain’, by Shaykh M. al‑Ghazali, A Thematic commentary on the
QurÞan, trans. Ashur Shamis & revised by Zaynab Alawiye (The International Institute
of Islamic Thought, 2nd printing, 2005), 749.
20
I have preferred this translation of the phrase fakk raqabah by Asad, The Message of
the QurÞan, 1088, n. 7.
21
For example it states in Surat al‑Mutaffifin (Those who give short measure): ‘Woe
unto those who give short measure; those who, when they are to receive their due from
[other] people, demand that it be given in full – but when they have to measure or weigh
whatever they owe to others, give less than what is due!’ (Q 83:1-3).
22
For example in Surat al‑NisaÞ it states: ‘Hence, do not covet the bounties which
God has bestowed more abundantly on some of you than on others’ (Q 4:32). The
context clearly indicates that differences of wealth are meant in this verse. In Surat
al‑Nahl, it states: ‘And on some of you God has bestowed more abundant means of
sustenance than on others: and yet, they who are more abundantly favoured are [often]
unwilling to share their sustenance with those whom their right hands possess […]’
(Q 16:71). In Surat al‑IsraÞ, it states: ‘Behold how We bestow [on earth] more bounty on
some of them than on others: but [remember that] the life to come will be far higher in
degree and far greater in merit and bounty’ (Q 17:21).
23
Maxime Rodinson, Islam et capitalisme (Paris: E´dition du Seuil, 1966), 29 ff.
(chapitre II, ‘Le Coran et la Sonna’), English trans. Islam and Capitalism, trans. Brian
Pearce (Austin: University of Texas Press, 1981), 12 ff.
24
It should be stated in all modesty that the traditions cited here are merely
illustrations of a much wider Islamic literature; hence its comprehensive survey is
beyond the bounds of this humble essay.
25
Those traditions are transmitted by Bukhari and Muslim, see al‑Tabrizi, Mishkat
al‑Masabih I, 22; English trans. James Robson, Mishkat al‑Masabih I, 17.
26
al‑Tabrizi, Mishkat al‑Masabih I, 557-60, 563; English trans. James Robson, Mishkat
al‑Masabih I, 371-73, 376; most of the traditions are transmitted by Bukhari and Muslim.
Those who are entitled to receive zakat fall into eight classes, enumerated in Q 9:60 (it
should be noted that the term used in the QurÞan is sadaqah). For further discussion,
especially about the modern period, see A. Zysow, ‘ZakÁt’, in Encyclopaedia of Islam, 2nd
ed.; Timur Kuran, ‘Islamic redistribution through Zakat: Historical record and modern
283
Wealth and Poverty Ismail Poonawala
realities’, in M. Bonner et al. (eds.), Poverty and Charity in Middle Eastern Contexts, 275-93.
27
al‑Tabrizi, Mishkat al‑Masabih I, 578-84; English trans. James Robson, Mishkat
al‑Masabih I, 389-93.
28
al‑Tabrizi, Mishkat al‑Masabih I, 578; English trans. James Robson, Mishkat
al‑Masabih I, 389; transmitted by Muslim.
29
al‑Tabrizi, Mishkat al‑Masabih I, 581; English trans. James Robson, Mishkat
al‑Masabih I, 391; transmitted by Tirmidhi.
30
al‑Tabrizi, Mishkat al‑Masabih I, 585-93; English trans. James Robson, Mishkat
al‑Masabih I, 394-401; transmitted by Bukhari, Muslim and others.
31
al‑Tabrizi, Mishkat al‑Masabih I, 594; English trans. James Robson, Mishkat
al‑Masabih I, 402.
32
al‑Tabrizi, Mishkat al‑Masabih I, 595; English trans. James Robson, Mishkat
al‑Masabih I, 403.
33
al‑Tabrizi, Mishkat al‑Masabih II, 648; English trans. James Robson, Mishkat
al‑Masabih II, 1071; transmitted by Tirmidhi. For variant versions of this traditions see
A. J. Wensinck et al., ‘ f-q-r’, in Concordances de la Tradition Musulmane (Leiden: E. J.
Brill, 1967).
34
al‑Tabrizi, Mishkat al‑Masabih II, 663; English trans. James Robson, Mishkat
al‑Masabih II, 1085; transmitted by Bukhari and Muslim. The second half of this
tradition states: ‘And I looked into hell and saw that most of its inhabitants were
women.’ The question of the authenticity of the Islamic sources and especially that of
the traditions remains. For a discussion of this question see James Robson, ‘ÍadÐth’, in
Encyclopaedia of Islam, 2nd ed.; and Jonathan Brown, Hadith: Muhammad’s Legacy in the
Medieval and Modern World (Oxford: Oneworld, 2009).
35
al‑Tabrizi, Mishkat al‑Masabih II, 664; English trans. James Robson, Mishkat
al‑Masabih II, 1086; transmitted by both by Bukhari and Muslim.
36
It reads: Ruddu al‑saÞil wa law bi-zilfin muhraqin. See Wensinck, Concordance, s.v.
s-Þ-l/sÁÞil and Û-l-f.
37
For a brief introduction to the subject see Ismail Poonawala, ‘IkhwÁn al‑ÑafÁÞ’, in
Encyclopedia of Religion, 2nd ed.; Y. Marquet, ‘IkhwÁn al‑ÑafÁÞ’, in Encyclopaedia of
Islam, 2nd ed.
38
RasaÞil Ikhwan al‑SafaÞ wa-Khullan al‑WafaÞ IV (Beirut: Dar Bayrut wa Dar Sadir,
1957), 166. I have relied on the Beirut edition because the critical edition of the Arabic
text and annotated English translation undertaken by the Oxford University Press in
association with the Institute of Ismaili Studies is in the process of publication. The
Epistles used for this article are yet to be published. The question of the authorship and
dating of this encyclopaedia is beyond the scope of this study, and I intend to treat it
elsewhere.
39
It is obvious in almost all the epistles; for example see the section ‘On greed and
asceticism and the categories of people’, or another ‘On the damages caused by over
indulgence in eating and the traits of ascetics’, RasaÞil Ikhwan al‑SafaÞ I, 356-561. Some
manuscript copies repeat the expression: ‘On the cleansing of the soul and the
refinement of the character’, following the title of each epistle. See Ismail Poonawala,
‘Why We Need An Arabic Critical Edition’, 47.
284
Journal of Shi‘a Islamic Studies Summer 2015 ∙ Vol. VIII ∙ No. 3
40
RasaÞil Ikhwan al‑SafaÞ III, 304. The ShiÝi-IsmaÝili character of the RasaÞil is no
longer in dispute. See Y. Marquet, La philosophie des IÌwÁn al‑ÑafÁÞ (Paris: S.E´.H.A.,1999),
7-37; his views on the authorship of the RasaÞil are summarized in the article Ikhwan
al‑SafaÞ (EI); Husain al‑Hamdani, ‘RasaÞil Ikhwan as-Safa in the literature of the IsmaÝili
Taiyibi DaÝwat’, in Der Islam XX (1932), 281-300; Abbas Hamdani, ‘An early FaÔimid
source on the time and authorship of the RasaÞil IÌwan al‑SafaÞ’, in Arabica XVI
(1979), 62-75.
41
RasaÞil Ikhwan al‑SafaÞ I, 285-86.
42
It is the ninth epistle in group one entitled Mathematical‑Philosophical Sciences.
See ibid. I, 331ff.
43
RasaÞil Ikhwan al‑SafaÞ I, 331-32.
44
It is the twenty-second epistle of the second group entitled Physical and Natural
Sciences.
45
The Case of the Animals versus Man Before the King of the Jinn, An Arabic Critical
Edition and English Translation of Epistle 22, ed. and trans. Lenn E. Goodman & Richard
McGregor (Oxford: Oxford University Press in association with the Institute of Ismaili
Studies, 2009), Arabic pagination, 249-50; English pagination, 290-91.
The Case of the Animals versus Man is an allegorical story in which the animals complain
to the just king of the jinn about the cruel treatment meted out to them by human
beings. In the course of the debate, the animals refute humanity’s claim of superiority
over them by denouncing the rampant injustice and immorality of human society. This
fable is a good example of the Ikhwan’s socio-political criticism of Muslim society that
avoids offending anyone’s sensibilities. The most severe criticism in this allegorical
story is levelled against the wealthy who go on amassing fortunes without caring for the
needy, against the privileged, and against the ruling classes. Even the religious figures
and their establishments are not spared from the Ikhwan’s scathing criticism for not
looking after the worldly and heavenly welfare of their communities. The story enjoyed
wide popularity among the masses and was translated into Hebrew during the fourteenth
century. It was also rendered into Urdu (also called Hindustani) by Mawlavi Ikram ÝAli
and published in 1810 in Calcutta, India. Two years later, in 1812, Shaykh Ahmad ibn
Muhammad Shurwan al‑Yamani published the same fragment of the fable in its original
Arabic. It is worth noting that modern interest in this celebrated encyclopaedia began
soon thereafter. The fascinating story of modern scholarship concerning the RasaÞil is
narrated by Ismail Poonawala in his unpublished paper, ‘Medieval polemics in modern
garb, RasÁÞil IkhwÁn al‑ÑafÁÞ in modern scholarship: A critical review of two centuries
of research.’
46
RasaÞil Ikhwan al‑SafaÞ III, 429-32.
47
Ibid. IV, 41-60; however, the summary is from pp. 54 to 56.
48
The Arabic reads: man yattaqi Allah, lit. meaning ‘whoever fears God’.
49
Q 68:4. Asad renders khuluq ‘a sublime way of life.’
50
Although Abu Sulayman al‑Mantiqi al‑Sijistani (d. c. 375/985 or later) was renowned
for his learning he lived a life of poverty. He has a brief but beautiful piece entitled La
yajtamiÝu al‑rizq wa al‑hikmah maÝan (livelihood and wisdom never get together) wherein
he states that wealth and knowledge are like two [rival] wives [of a plural marriage],
285
Wealth and Poverty Ismail Poonawala
hence they cannot be close together. al‑Sijistani, Siwan al‑Hikmah, ed. ÝAbd al‑Rahman
Badawi (Tehran: Bunyad-i Farhang-i Irani, 1974), 71.
51
Al‑MasÝudi, Muruj al‑Dhahab wa-MaÝadin al‑Jawhahir IV, ed. B. de Meynard, et al.
and corrected by Charles Pellat (Beirut: Publications de l’Université Libanaise, 1973),
279, 281ff.
52
M. Bonner, ‘Definitions of Poverty and the Rise of the Muslim Urban Poor.’
53
See n. 21 above.
54
Their overt or covert revolutionary attitude toward the prevailing religio-politcal
authorities in the Muslim world is obvious throughout the whole encyclopaedia, see for
example vol. 4, p.18 ff., 186 ff.
55
Ismail K. Poonawala, ‘Ikhwan al‑SafaÞ’, in Encyclopedia of Religion, 2nd ed., 4375-
4377. According to their own statement they had followers among various classes of
Muslim society, such as the offspring of the kings, amirs, viziers, bureaucrats and
secretaries, craftsmen, nobility, landlords, merchants, farmers, scholars, jurists, etc.
RasaÞil Ikhwan al‑SafaÞ IV, 165, 188.
56
Zuhd fi al‑dunya means to renounce pleasure in worldly things, to become an
ascetic, or to lead a pious ascetic life, whereas zuhd Ýan al‑dunya means to renounce,
abandon, forsake, shun, or to be not desirous of it. E. Lane, Arabic-English Lexicon
(London: Williams and Norgate, 1863-93, reprint, The Islamic Text Society, 1984), s.v.
z-h-d. In the ninth epistle of the first group entitled ‘Mathematical‑Philosophical
Sciences’, the Ikhwan define zuhd fi al‑dunya as follows (RasaÞil Ikhwan al‑SafaÞ I, vol. 1,
pp. 357-58): inna al‑zuhd fi al‑dunya innama huwa tark fudul mataÝ al‑hayat al‑dunya, wa
tark talab shahawatiha, wa al‑rida bi al‑qalil wa al‑qanaÝah bi al‑yasir min alladhi la budda
minhu. Wa hadhihi khislatun tatbiÝuha khisalun kathiratun min mahasin al‑akhlaq wa
fadaÞil al‑aÝmal wa jamil al‑af Ýal. wa didd al‑zuhd huwa al‑raghbah fi al‑dunya wa al‑hirs fi
talab shahawatiha wa hiya khislah tatbi‘uha akhlaq radi’ah wa af Ýal qabihah wa
aÝmal sayyiÞah.
There are a few traditions about zuhd fi al‑dunya, see A. J. Wensinck, Concordance et
Indices de la Tradition Musulmane (Leiden: E.J. Brill, 1992), s.v. z-h-d. The Ikhwan’s
otherworldliness is reflected in their stories about Socrates, Christ, and Husayn; see
RasaÞil Ikhwan al‑SafaÞ IV, 28ff.
57
They state innumerable times that the definition of philosophy consists that the
human beings through learning and character building imitate the deity to the extent
that human faculties allow. In Arabic it reads: al‑falsafah hiya al‑tashabbuh bi-al‑ilah bi-
hasb al‑taqah al‑insaniyyah, aw qil: inna al‑hikmah hiya al‑tashabbuh bi-al‑ilah bi-hasab
taqat al‑bashar. For example see, RasaÞil Ikhwan al‑SafaÞ I, 225, 290, 399, 427; II, 10; III,
30, 93, 143.
58
This is how the Ikhwan describe themselves at the end of the table of contents in
the Bombay edition. It states: tammat fihrist rasaÞil ikhwan al‑safaÞ wa khullan al‑wafaÞ wa
ahl al‑Ýadl wa abnaÞ al‑hamd wa arbab al‑haqaÞiq wa ashab al‑maÝani fi tahdhib al‑nufus wa
islah al‑akhlaq li al‑bulugh ila al‑saÝadah al‑kubra wa al‑jalalah al‑uzma wa al‑baqaÞ al‑daÞim
wa al‑kamal al‑akhir. RasaÞil Ikhwan al‑SafaÞ I (Bombay, 1305-1306/1887-1889), 20. See
also Ismail K. Poonawala, ‘Why We Need an Arabic Critical Edition’, 44.
59
Ismail K. Poonawala, ‘Why We Need an Arabic Critical Edition’, 47. ÝAtif MS, the
oldest extant complete copy, adds after each title ‘ fi tahdhib al‑nafs wa islah al‑akhlaq
286
Journal of Shi‘a Islamic Studies Summer 2015 ∙ Vol. VIII ∙ No. 3
min kalam al‑sufiyyah’. A number of other manuscript traditions add fi tahdhib al‑nafs
wa ishlah al‑akhlaq at the end of each epistle’s title.
60
This subject could be pursued further with respect to some major Sunni thinkers
and I suspect that in this respect their views would be quite similar to the Ikhwan. Two
modern thinkers come to mind. The first is Sayyid Qutb (d. 1966) whose al‑ÝAdalah
al‑IjtimaÝiyyah fi al‑Islam (Social Justice in Islam) demonstrates the relevance of Islam to
concrete socioeconomic problems of today. The second is Muhammad Baqir al‑Sadr
(d. 1980) whose Iqtisaduna (Our Economics) probably remains the most scholarly study of
Islamic economics as an alternative ideological system to capitalism and communism.
61
Abbas Hamdani, ‘An early FaÔimid source on the times and authorship of the
RasaÞil Ikhwan al‑SafaÞ’, in Arabica XXVI, 62-65. He has several other articles supporting
his thesis that are not cited here as it is beyond the scope of this paper. However, I have
indicated elsewhere that it is high time to put aside the thesis put forth by S. M. Stern
and supported by W. Madelung that the authors of the RasaÞil were the Qaramitah and
that the Epistles were composed around the middle of the fourth/tenth century. The
above proposition was first suggested by Abu Hayyan al‑Tawhidi (d. 414/1023) and
resurrected by Stern. In his article ‘AbÙ ÍayyÁn al‑TawÎÐdÐ and the Brethren of Purity’,
Abbas Hamdani (International Journal of Middle East Studies IX (1978), 345-53) refuted
al‑Tawhidi’s assumptions and cast serious doubts about his story. Besides Abbas
Hamdani, Y. Marquet has vigorously refuted their arguments piece by piece. Most
recently, the Fatimid historian of repute Michael Brett has strongly argued against the
thesis of Stern and Madelung on quite convincing grounds. See my Introduction to
Epistle 34, p. 67 in Epistles of the Brethren of Purity, Sciences of the Soul and Intellect, Part I,
An Arabic Critical Edition and English Translation of Epistles 32-36, ed. and trans. P. Walker,
Ismail Poonawala, et al. (Oxford: Oxford University Press in association with the
Institute of Ismaili Studies, 2015).
287