11th-century Persian Hanafi scholar and jurist
Abu Bakr al-Sarakhsi
|
---|
|
Title
| The sun of the leaders
(
??? ??????
)
|
---|
|
Born
| |
---|
Died
| 483 Hijri (1090 CE)
|
---|
Religion
| Islam
|
---|
Era
| Islamic golden age
|
---|
Region
| Greater Khorasan
|
---|
Denomination
| Sunni
|
---|
Jurisprudence
| Hanafi
|
---|
Main interest(s)
| |
---|
Notable work(s)
| Al-Mabsut
,
Usul al-Sarakhsi
,
Shar al-Siyar al-Kabir
|
---|
|
|
|
Muhammad b. Ahmad b. Abi Sahl Abu Bakr al-Sarakhsi
(
Persian
:
???? ?? ???? ?? ??? ??? ??? ??? ???????
), was a
Persian
jurist and also an
Islamic scholar
of the
Hanafi
school of thought. He was traditionally known as Shams al-A'imma (
??? ??????
;
transl.
The sun of the leaders
).
[1]
He is an influential jurist in the Hanafi school where the tradition is reported to have been that: "when in doubt, follow Sarakhsi".
[2]
Both
Al-Kasani
and
Burhan al-Din al-Marghinani
, in their flagship fiqh books of
Bada'i' al-Sana'i'
and
Al-Hidaya
, have extensively drawn upon the discussions and legal reasonings presented in al-Sarakhsi's
Al-Mabsut
and
Usul al-Sarakhsi
.
[2]
The Indian Muslim scholar of the 19th century,
Abd al-Hayy al-Lucknawi
, classifies al-Sarakhsi in the second grade of
mujtahids
, along with scholars such as
Al-Tahawi
, who are believed to be the seminal jurists after
Abu Hanifa
's students (i.e.
Abu Yusuf
and
Muhammad al-Shaybani
).
[3]
Background Information
[
edit
]
Al-Sarakhsi was born in
Sarakhs
, a city in
Greater Khorasan
, which is presently located at the border between
Iran
and
Turkmenistan
.
[4]
He died in 483/1090 or in 490/1096, according to different sources.
[4]
[5]
He studied under the great Hanafi jurist, 'Abd al-'Aziz al-Halwani (d. 448/1056) who was also a teacher to
Al-Bazdawi
.
Not much is known about his early life,
[5]
though some clues are found in his works. It is said that al-Sarakhsi was imprisoned due to his opinion on a juristic matter concerning a ruler; he criticized the king by questioning the validity of his marriage to a slave woman.
[5]
He spent around fifteen years in prison.
[5]
While he was imprisoned he wrote the
Mabsut
[4]
and some of his other most important works.
[5]
He is known for his remarkable memory,
[5]
(he was able to recall many texts when he was held in prison) as well as his intelligence.
Al-Sarakhsi's opinions on law have been widely cited and he has been thought of as a distinctive writer.
[6]
His main works are the
Usul al-Fiqh
,
the Kitab al-Mabsut
, and the
Sharh al-Siyar al-Kabir
.
Important works
[
edit
]
Al-Sarakhsi's most important works are
- Usul al-Fiqh
, Cairo 1372 / 1953
- Kitab al-Mabsut
, Beirut 1406 / 1986 and
- Sharh al-Siyar al-Kabir
.
Usul al-Fiqh
[
edit
]
This work deals with Islamic jurisprudence and the exercise of ra’y in systematic reasoning and juristic preference.
[5]
To write this work, al-Sarakhsi incorporated information from many different sources, including Abu’l-Hasan al-Karkhi, Ahmad b. Muhammad al-Shashi, al-Djassas,
Ab? ?Abdull?h Muhammad ibn Idr?s al-Shafi??
and major works from the other law traditions.
[4]
Kitab al-Mabsut
[
edit
]
Al-Sarakhsi's
Mabsut
is a commentary on the
mukhtasar
(epitome) by Muhammad b. Muhammad al-Marwazi, which in turn summarized some of the foundational texts of the Hanafi school written by
Muhammad al-Shaybani
.
[4]
Al-Shaybani was a companion of
Ab? ?an?fah
, the founder of the Hanafi school. In his
Mabsut
, Al-Sarakhsi reworks many of the concepts from al-Shaybani's works. He organized his work around points of dispute (
ikhtilaf
) and incorporated more information from the Hanafi school, as well as other schools of law.
[4]
The
Mabsut
is well-organized, covers topics comprehensively, explores points of dispute thoroughly, and manipulates
hermeneutical
argument well.
[4]
These factors make the
Mabsut
a very influential piece of juristic literature; it was an important work of
furu
(the elaboration of rulings based on the
Principles of Islamic jurisprudence
) in the Hanafi school until the 19th century.
[4]
"Its significance in later times is reflected in the statement of the 15th-century Hanafi jurist, 'Ala' al-Din al-Tarabulusi (d. 1440): 'Whoever memorizes
al-Mabsut
and the doctrine of the ancient scholars becomes thereby a mujtahid.'"
[7]
Al-Sarakhsi deals with many themes in his
Mabsut
, these include juristic preference, the legality of doing activities with illegally obtained objects,
zakat
(alms tax, one of the
Five Pillars of Islam
) and land reclamation.
In the
Mabsut
he defines the doctrine of istihasn, or juristic preference, as the "abandonment of the opinion to which reasoning by the doctrine of ...systematic reasoning would lead, in favor of a different opinion support by stronger evidence and adapted to what is accommodating to the people. Thereby, Sarakhsi neither undermines the importance of the exercise of the doctrine of systematic reasoning nor rejects it in any sense."
[5]
In addition, al-Sarakhsi deals with the dilemma of doing a legal activity with an illegally obtained object. The fact that the object was obtained illegally does not mean that the legal activity becomes illegal.
[8]
Al-Sarakhsi also deals with issues concerning zakat in the
Mabsut
. For example, if the collector comes and a person denies that something is taxable, he does not have to pay the tax on that item, since it is a duty to God. This is explained in the following passage from the Mabsut, which is quoted in Classical Islam: A Sourcebook of Religious Literature, by Norman Calder, Jawid Ahmad Mojaddedi, and Andrew Rippin:
- "He then swears that this is so. He is believed in all cases. This is because he is responsible for zakat duties that are
- obligatory on him. Zakat is an act of worship purely for the sake of God, and the word of a responsible person is always
- acceptable in regard to acts of worship that are obligatory as being due to God."
[9]
Al-Sarakhsi also mentions the views of Abu Hanifa on land reclamation. This passage is from al-Sarakhsi's
Mabsut
, as quoted by Sherman A. Jackson:
- “'In the view of Abu Hanifa, God show him mercy, reclaimed land becomes the property of one who restores it only after he
- receives permission from the Imam'... Al-Sarakhsi goes on to explain Abu Hanifa's reasoning. Abu Hanifa relied on the statement of
- the Prophet 'A person may have only that which his Imam is content with giving him.' This statement even if it is general, [is
- for him probative] since he maintains that statements universally accepted as general take precedence over those that are
- specific. Then the Prophet said, ‘... except desolate plots of land; for these belong to God, His messenger then to you.' Now, that
- which has been designated as God's and His messenger's falls under the jurisdiction of the Imam. It is thus not permissible for
- anyone to act independently regarding such things without the latter's permission, just as is maintained in the case of the one-
- fifth portion of booty.... And the Prophet's statement, 'Whoever reclaims a desolate plot of land ...’ merely clarifies the fact-
- which we accept-that the means by which one gains ownership over restored land is reclamation, after he obtains permission from
- the Imam. The Imam's permission remains a necessary precondition in all of this".
[7]
Sharh al-Siyar al-Kabir
[
edit
]
This work is a commentary on the
Kitab al-Siyar al-kabir
of al-Shaybani.
[4]
It demonstrates the role of juristic preference in sharia law.
[5]
The
Sharh al-Siyar al-Kabir
shows the same widespread coverage, the development of rules and careful consideration of hermeneutical argument that is seen in the
Mabsut
.
[4]
See also
[
edit
]
References
[
edit
]
- ^
Norman Calder, Jawid Ahmad Mojaddedi, Andrew Rippin, ed. and tr.,
Classical Islam: A Sourcebook of Religious Literature
(Routledge, 2003), p. 210.
- ^
a
b
Al-Sarakhsi,
Money Exchange, Loans, and Riba: A translation of Kitab al-Sarf from Kitab al-Mabsut
, translated by Imran Ahsan Khan Nyazee, Advanced Legal Studies Institute, Islamabad, 2018.
- ^
Al-Marghinani, Burhan al-Din,
Al-Hidayah
, translated by Imran Ahsan Khan Nyazee, Center for Excellence in Research, Islamabad, 2016, page 9.
- ^
a
b
c
d
e
f
g
h
i
j
Calder, N. "al-Sarakhsi", Muhammad b. Ahmad b. Abu Sahl Abu Bakr, Shams al- A’imma."
Encyclopaedia of Islam
, Second Edition. Edited by: P. Bearman; Th. Bianquis;
C. E. Bosworth
; E. van Donzel; and
W. P. Heinrichs
. Brill, 2011. Brill Online. Yale University. 8 February 2011
[1]
[
permanent dead link
]
- ^
a
b
c
d
e
f
g
h
i
Kassim, Husain. Sarakhsi- Hugo Grotius of the Muslims: The Doctrine of Juristic Preference and the Concepts of Treaties and Mutual Relations. San Francisco: Austin and Winfield Publishers, 1994.
- ^
Calder, Norman. "Exploring God's Law: Muhammad ibn Ahmad ibn Abi Sahl al-Sarakhsi on zakat." In Law and the Islamic world past and present, by Christopher Toll and Jakob Skovgaard-Petersen. Copenhagen: Bianco Lunos Bogtrykkeri A/S, 1995.
- ^
a
b
Jackson, Sherman A. "From Prophetic Actions to Constitutional Theory: A Novel Chapter in Medieval Muslim." International Journal of Middle East Studies, Vol. 25, No. 1, 1993: 71?90.
- ^
Mallat, Chibli. The renewal of Islamic Law: Muhammad Baqer as-Sadr, Najaf and the Shi'i International. Cambridge: Cambridge University Press, 1993.
- ^
Calder, Norman, Jawid Ahmad Mojaddedi, and Andrew Rippin. Classical Islam: A sourcebook of Religious Literature. New York: Routledge, 2003.
|
---|
|
2nd/8th
| |
---|
3rd/9th
| |
---|
4th/10th
| |
---|
5th/11th
| |
---|
6th/12th
| |
---|
7th/13th
| |
---|
8th/14th
| |
---|
9th/15th
| |
---|
10th/16th
| |
---|
11th/17th
| |
---|
12th/18th
| |
---|
13th/19th
| |
---|
14th/20th
| |
---|
15th/21st
| |
---|
Living
| |
---|
Scholars of other Sunni Islamic schools of jurisprudence
|
|
---|
Scientists
| |
---|
Philosophers
| |
---|
Islamic scholars
| |
---|
Poets and artists
| |
---|
Historians and
political figures
| |
---|
|
---|
Maturidi scholars
| 3rd AH/9th AD
| |
---|
4th AH/10th AD
| |
---|
5th AH/11th AD
| |
---|
6th AH/12th AD
| |
---|
7th AH/13th AD
| |
---|
8th AH/14th AD
| |
---|
9th AH/15th AD
| |
---|
10th AH/16th AD
| |
---|
11th AH/17th AD
| |
---|
12th AH/18th AD
| |
---|
13th AH/19th AD
| |
---|
14th AH/20th AD
| |
---|
| |
---|
Theology books
| |
---|
See also
| |
---|
Maturidi-related templates
|
|
---|
|
2nd/8th
| |
---|
3rd/9th
| |
---|
4th/10th
| |
---|
5th/11th
| |
---|
6th/12th
| |
---|
7th/13th
| |
---|
8th/14th
| |
---|
9th/15th
| |
---|
10th/16th
| |
---|
11th/17th
| |
---|
12th/18th
| |
---|
13th/19th
| |
---|
14th/20th
| |
---|
15th/21st
| |
---|
Living
| |
---|
Scholars of other Sunni Islamic schools of jurisprudence
|
|
---|
|
|
---|
Ahl us-
Sunnah
wa’l-
Jama’ah
| |
---|
Shia Islam
| |
---|
Imami
Mahdiist
Shi'ite
Sects in
Islam
| |
---|
Muhakkima
(
Arbitration
)
| |
---|
Murji'ah
(
Hasan ibn
Mu??mmad
ibn al-
Hanafiyyah
)
| Karr?m?yya
|
- Ab? ?Abdill?h Mu??mmad ibn Karr?m ibn Arr?k ibn Huz?ba ibn al-Bar?’ as-Sijj?
- ??bid?yya (?Uthm?n al-??bid)
- Dh?mm?yya
- Hak?iq?yya
- Haisam?yya (Ab? ?Abdall?h Muhammad ibn al-Haisam)
- H?d?yya (H?d ibn Saif)
- Ish?q?yya (Ab? Ya?q?b Ish?q ibn Mahmash?dh)
- Ma??yya
- Muh?jir?yya (Ibr?h?m ibn Muh?jir)
- N?n?yya
- Raz?n?yya
- Sauw?q?yya
- S?ram?yya
- Tar?'if?yya (Ahmad ibn ?Abd?s at-Tar?'if?)
- T?n?yya (Ab? Bakr ibn ?Abdall?h)
- W?hid?yya
- Zar?b?yya
|
---|
Other sects
|
- Gayl?n?yya
- Y?nus?yya
- Gass?n?yya
- T?man?yya
- Sawb?n?yya
- S?leh?yya
- Shamr?yya
- Ubayd?yya
- Ziy?d?yya
- Muhammad ibn Ziy?d al-K?f?
|
---|
Other Murj?s
|
- Al-Harith ibn Surayj
- Sa'id ibn Jubayr
- Hamm?d ibn Ab? S?laim?n
- Muh?r?b ibn Dith?r
- S?bit Kutna
- Awn ibn Abdull?h
- M?s? ibn Ab? Kas?r
- Umar ibn Zar
- Salm ibn S?lem
- H?laf ibn Ayy?b
- Ibr?him ibn Yous?f
- Nusayr ibn Yahy?
- Ahmad ibn H?rb
- Amr ibn Murrah
|
---|
|
---|
Mu'shabbiha
| |
---|
Qadariyah
(
Ma'bad
al-Juhani
)
| Alevism
| |
---|
Mu?tazila
(
Rationalism
)
|
- M?’mar?yya
- Ab? Amr (Ab? Mu‘tam?r) Mu?mmar ibn Abb?d as-S?lam?
- Bishriyya
- Bahshamiyya
- Ab? H?sh?m Abdu’s-Sal?m ibn Mu??mmad ibn Abdi’l-Wahh?b al-Jubb?'?
- Huzayl?yya
- Ab?’l-Huzayl Mu??mmad ibn al-Huzayl ibn Abdill?h al-All?f al-Abd? al-B?sr?
- Ab? Ma‘n S?m?ma ibn Ashras an-N?mayr? al-B?sr? al-Baghd?d?
- Ikhsh?diyya
- Nazz?m?yya
- Ali al-Aswar?
- Ab? Bakr Mu??mmad ibn Abdill?h ibn Shab?b al-Basr?
- H?b?t?yya
- Sumam?yya
- K?‘b?yya
- Ab?’l-K?s?m Abdull?h ibn Ahmad ibn M?hm?d al-Balh? al-K?‘b?
|
---|
Quranism
| |
---|
|
---|
Independent
Muslim
beliefs
| |
---|
|
|
|
|
---|
International
| |
---|
National
| |
---|
People
| |
---|
Other
| |
---|