The study of jurisprudence is one of the most extensive studies in Islam. Its history is older than all the other Islamic studies. It has been studied on a very wide scale throughout the whole of that time. So many jurisprudents have appeared in Islam that their numbers cannot be counted.
Meanwhile, one of the preparations for learning about any field of knowledge is to pay attention to the famous personalities of that field, the views, and ideas of whom were important, and its important books.
The jurisprudence in which books have been classified and compiled that are still studied today, has a history of eleven hundred years, meaning that for eleven centuries, without a break, centers for the studying of jurisprudence and related studies have existed.
Masters have trained students and those students in their turn have trained other students, and this has continued down the ages until today. Furthermore, this relationship between master and pupil has never been broken.
Other fields, of course, like philosophy, logic, arithmetic, and medicine have been studied for far longer, and books exist. These subjects are older than the books that exist on jurisprudence. Perhaps in none of these subjects, however, can the guarding of the same kind of ever-present relationship between master and pupil be shown that has existed in jurisprudence.
Even if such constant relationships existed in other subjects, still they are particular to the fields of Islamic studies. Only in the Islamic world does the system of teaching and studying have a continuous uninterrupted history going back over a thousand years.
The Shia Jurisprudents
We will begin the history of the Shia jurisprudents from the period of Imam Mahdi’s “minor occultation” (260-320 A.H.), and this we will do for two reasons:
First, the period previous to the “minor occultation” was the period of the presence of the holy Imams, and in the period of their presence, although there were jurisprudents and mujtahids who were able to make their own verdicts, who had been encouraged by the Imams to do so, yet due to the presence of the Imams they were nevertheless outshone by the brilliance of the Imams.
That is, the referral of problems to the verdicts of the jurisprudents is because of there being no access to the Imams. In the period of the Imams’ presence, however, people tried as far as possible to refer to the original sources of the Imams.
Similarly, even the jurisprudents, bearing in mind distances and other difficulties, used to place their own problems before the Imams whenever they could.
Second, in the formal, classified jurisprudence, we are limited to the period of the minor occultation, for none of the actual books in jurisprudence from that period has reached us, or, if any have, I have no information about it.
All the same, amongst the Shias there were great jurisprudents during the days of the holy Imams, whose value can become apparent and determined by comparing them with the jurisprudents of their period from other sects.
The Sunni, ibn Nadin writes in his book Fihrist about Husein ibn Sa’id Ahwazi and his brother, both notable Shia jurisprudents. They were the best of those of their time in knowledge of jurisprudence, effects (i.e. writings and compilations) and talents,” and, about ‘Ali ibn Ibrahim Qumi he writes, “Amongst the ‘ulema and jurisprudents,” and, about Muhammad ibn Hasan ibn Ahmad ibn Walid, “And he has amongst books the book Jam’e fil-fiqh“.
Apparently, these books were compiled of traditions on the varying subjects of jurisprudence that the compilers considered to be reliable, and to which they acted in accordance, together with the comments of the compilers.
The scholar Hilli, in the introduction to his book M’utabar, wrote, “Bearing in mind that our jurisprudents (God be pleased with them) are many and their compilations numerous and to narrate the names of them all is not possible.
I will content myself with those who are the most famous in merit, research, and good selection, and with the books of those paragons whose ijtihad is mentioned in other undoubtedly books as reliable.
“Those I will mention include, from the ‘earlier’ period (i.e. the period of access to the Imams), Hassan ibn Mahboub, Ahmad ibn Ali Nasr Bazanti, Husayn ibn Sa’id, Fadl ibn Shathan, Yunis ibn ‘Abd ur-Rahman and, from the later period, Muhammad ibn Babawayh Qumi (Shaykh Saduq), and Muhammad ibn Yaqub Kulayni and from the authors of verdicts (fatwas) Ali ibn Babawayh Qumi, ibn Jamid Iskafi, ibn Ali ‘Agil, Shaykh Mufid, Syed Morteza.’Alam ul Huda and Shaykh Tusi . . . ”
Notice that although the first group is quoted as having their own views and good selection and ijtihad, they are not mentioned as being masters of verdicts.
This was because their books, even though they were the summaries of their ijtihad, were in the form of collections of traditions and not in the form of verdicts.
Now we will look at the history of Shia jurisprudents, as I have said, from the period of the Imam’s occultation. Ali ibn Babawayh Qumi died in 329 A.H. buried in Qum.
The father of Shaykh Muhammad ibn Ali ibn Babawayh is known as Shaykh Saduq, who is buried near Tehran.
The son was learned in Traditions, the father in jurisprudence, and compiled a book of his verdicts. Normally this father and son are called Saduqayn.
‘Ayashi Samarqandi, lived at the same time as Ali ibn Babawayh or a little before. The author of a famous commentary of the Quran, though his specialty was commentary, he is still numbered amongst the jurisprudents.
He wrote many books in different fields including jurisprudence. Ibn Nadim writes that the books of this man were largely available in Khorasan, but I have not yet seen his views related anywhere, and his books on jurisprudence no longer exist.
‘Ayashi was originally a Sunni Muslim but later became a Shia. He inherited vast wealth from his father, and this he spent on collecting and copying books and on teaching and training his students.
Ibn Jamid-Iskafi, one of the teachers of Shaykh Mufid. It seems he passed away in 381 A.H. and it is said that his books and writings numbered fifty.
His views have ever been subject to consideration in jurisprudence and still are to this day. Shaykh Mufid. His name was Muhammad ibn Muhammad ibn Numan.
He was both a mutakallim (theologian) and a jurisprudent. Ibn Nadim, in the section of his book Fihrist in which he discusses Shia mutakalamin, calls him “ibn Mu’alim” and praises him.
Born in 336 A.H. he passed away in 413. His famous book in jurisprudence, Muqna’ah, is still used today.
The son-in-law of Shaykh Mufid, Abu Y’ala J’afari, tells us that Shaykh Mufid slept little at night, and spent the rest in worship, study, and teaching or reciting the Quran.
Seyyid Morteza, known as ‘Alam ul Huda, was born in 355 A.H. and passed away in 436 A.H. Allamah Hilli has called him the teacher of the Shias of the Imams. He was a master of ethics, theology, and jurisprudence. His views on jurisprudence are still studied by the jurisprudents of today.
He and his brother, Seyyid Razi the compiler of the Nahj ul-Balagha, both studied under Shaykh Mufid.
Shaykh Abu J ‘afar Tusi, one of the shining stars of the Islamic world, wrote many books on jurisprudence and the principles of jurisprudence, Traditions, commentaries, theology, etc. Originally from Khorasan (in east Iran), he was born in 385 A.H. and after twenty-two years emigrated to Baghdad which in those days was the great center of Islamic studies and culture.
He stayed in Iraq the rest of his life and after the demise of his teacher, Seyyid Morteza, the directorship of learning and the station of highest reference for verdicts (fatwas) was transferred to him.
Shaykh Tusi remained for twelve more years in Baghdad but then, due to a series of disturbances in which his house and library were ravaged, he left for Najaf where he formed the famous scholastic center which still exists today. There, in the year 460 A.H., he passed away.
One of the books which were compiled about jurisprudence by Shaykh Tusi was called An-Nahayeh, and was used as a textbook for religious students.
Another, Masbut, brought jurisprudence into a new stage and was the most famous Shia book of the jurisprudence of its time.
In Khelaf, another of his books, he wrote about both the views of the jurisprudents of the Sunni schools and also those of the Shia jurisprudents. He also wrote other books about jurisprudence, and, until about a century ago, whenever the name Shaykh was mentioned the man meant was Shaykh Tusi, and by Shaykhayn was meant Shaykh Tusi and Shaykh Mufid.
According to what has been related in some books, it seems the daughters of Shaykh Tusi were also distinguished faqihat.
Ibn Idris Hilli, one of the distinguished Shia ‘ulema. He himself was an Arab though Shaykh Tusi is counted as having been his maternal grandfather. He is known for the freedom of his thought; he broke the awe and reverence of his grandfather Shaykh Tusi and his criticisms of the jurisprudents bordered on impertinence. He died in 598 A.H. at the age of fifty-five.
Shaykh Abul-Qasim J ‘afar ibn Hasan ibn Yahya ibn Sa’id Hilli, known as Muhaqqeq Hilli. Author of many books about jurisprudence, amongst them: Sharay’e, Ma’arej, Al-Mukhtasar an-naf’i and many others. He was the student of ibn Idris Hilli, and the teacher of Allamah Hilli who we are to speak about. In jurisprudence he has no superior.
Whenever in the terms of jurisprudence the word muhaqqiq is used it refers to him. Great philosophers and mathematicians used to meet with him and used to sit in his lessons of jurisprudence.
The books of Muhaqqiq, especially the book Sharay’i, have been a textbook for students and still are, while his books have been subject to the commentaries of many other jurisprudents.
Ibn Hasan ibn Yusef ibn Ali ibn Mutahhar Hilli, famous as Allamah Hilli, was one of the prodigies of the age.
Books have been written by him about jurisprudence, principles, theology, logic, philosophy, transmitters, and still other things.
Around a hundred of his books have been recognized, some of which, I like Tathkurat ul-fuqaha are alone enough to indicate his genius. Allamah wrote many books on jurisprudence which have mostly, like the books of Muhaqqiq, been commented on by the jurisprudents who succeeded him. His famous books on jurisprudence include Irshad, Tabsaratol Muta’alemin, Qawa’id, Tahrir, Tathhorat-ul-fuqaha, Mukhtalif ash-shia’ and Mutaha.
He studied under various teachers: jurisprudence under his paternal uncle, Muhaqqiq Hilli, philosophy under Khawajeh Nasir ud-Din Tusi, and Sunni jurisprudence under the ‘ulema of the Sunnis. He was born in the year 648 A.H. and passed away in 726 A.H.
To be continued!
