Along with the legal opinions, the juristic proofs presented to underpin these legal opinions also occupy an important place in uṣūl al-fiqh. Thus, scholars of uṣūl al-fiqh strived to propound the proofs indicating the relevant theoretical principles in an apparent and definite way. As a result, the disputed and undisputed proofs ranked among al-adilla al-shar‘iyya have been abundantly addressed in the classical uṣūl al-fiqh works. However, although it is not mentioned as a part of legal sources in the uṣul literature, (...) there has been another proof subjected to legal reasoning (istidlāl): the practice of the companions. In this study, “the practices of the companions” is used in the contextual meaing of the verbal and practical positions of the entire companions or some of them on a specific topic of uṣūl al-fiqh. By this definition, the concept of the practice of the companions is separated from the concepts of qawl al-ṣaḥābī, ʿamal ahl al-Madīnah and the ijmāʿ al-ṣaḥābah. As a matter of fact, the concept of qawl al-ṣaḥābī signifies an opinion narrated from a single companion and neither supported nor opposed by other companions, and subjected to use of legal inference for obtaining practical legal rulings. In return, the concept of the practice of the companions signifies the position that the companions hold on a topic of uṣūl al-fiqh and does not stipulate the conditions that it must be an opinion of a single companion and be neither supported nor opposed by other companions. In addition, as being related to the legal theoretical issues and not restricted to a certain region, the concept of the practice of the companions is distinct from the ‘amal ahl al-Madīnah. Likewise, it also differed from the ijmāʿ al-ṣaḥābah because the latter concept indicates the consensus of all companions on a practical legal ruling whereas the practice of the companions amounts to both the consensus of the companions and their individual opinions on the matters of uṣūl al-fiqh. Having said that, the concept of the practice of the companions has some overlaps with the qawl al-ṣaḥābī and ijmāʿ al-ṣaḥābah. It is observed in the Hanafi tradition of uṣūl al-fiqh that the practices of the companions are presented as a proof of many principles of uṣūl al-fiqh. This is because of the fact that the companions have a significant role as being the first practitioners of the revelation and the leading figures of the tradition of fiqh. Due to these significant roles of the companions, a central position is given to their interpretation method of the divine text and the technique of issuing legal opinions in determination of theoretical principles. In this study, I examine the impact of the practices of the companions on the Hanafi legal theory focusing on the work of al-Sarakhsī (d. 483/1090), al-Uṣūl, and try to identify how Hanafi legal theory was grounded, departing from, overall or particular, companions’ practices. This study consists of two main parts. First, I provide the conceptual framework by analyzing the concepts of the companion and the companions’ practice. Second, I discussed the theoretical issues rested evidentially on the companions’ practice. Hence, this study excludes the instances of qawl al-ṣaḥābī, ijmāʿ al-ṣaḥābah and the companions’ practice if they are not resorted in proving the uṣūl al-fiqh principles. This work deals with issues on which theoretical principles grounded in reference to the practice of the companions under the headings; Kitāb, Sunnah, qıyās, naskh and alfāz. When instances of the companions’ practice are in abundance in a case, I just focus on the highly representative ones and shortly refer to the others. In the conclusion part, I provide the consequences achieved by this research and some final remarks on the topic. (shrink)

1. al-Akhlāq mundhu ʻuṣur mā qabla al-tārīkh ḥattá al-Ṣīn al-Qadīmah.

The early period Ismaili jurist Al-Qādî al-Nu'mān appears as an important figure in the formation of Ismaili jurisprudence. There is very little information about Kadı Nu'mân's family, childhood, education and intellectual environment. His full name is Abû Hanîfah Nu'man b. Muhammad b. Mansûr al-Qādî at-Tamîmî Al Qayrawānî. He was born around 290/903 (late 3rd (9th) century) into an educated family in Qayravan in North Africa. There are different opinions about the sect he belonged to when he was growing up. On (...) the other hand, it is difficult to say for certain whether Nu’mān received education in the Ismaili sect due to the understanding of taqiyya in the madhhab. However, it is understood from the basic jurisprudence texts Nu’mān wrote that he most likely did not receive a Sunni education. Historians refer to him as 'Qadi Nu’mān or Abu Hanifah al-Shi'i' in order not to confuse him with the imam of the Hanafi school. Qādî Nu’mān served at different levels of the Fatimid State. Around 313/925, he entered the service of the first Fatimid caliph, Mahdi (r. 909-934 CE/297-322 AH), as a copyist and secretary. During the reigns of the third caliph Mansur and the fourth Fatimid caliph Mu’izz (d. 365/975), Qādî Nu’mān first served as a judge in Tripoli and then in Mansouriya, the Fatimid capital. After the Fatimids conquered Egypt and the center of government was moved to Cairo, Qādî Nu’mān was appointed by the fourth caliph Mu’izz as the head of the appellate courts (maẓālim). Qadi Numans career was at the peak in the period of Caliph Muiz. Qādî Nu’mān worked as a judge in the Fatimid State for about twenty-six years and continued this duty until his death in 363 (973). After the fall of the Fatimid caliphate, there haven’t been any other Fatimid or Ismaili jurists. Qādî Nu’mān is considered by contemporary Ismaili writers as a figure who systematically transformed Ismaili fiqh into an independent sect of fiqh. It can be said that Ismaili fiqh was developed through his works in the Fatimid period. His works continued as the main references in the fiqh studies and after the Fatimid period. With the death of Qādî Nu’mān, the period of ijtihad in Ismaili fiqh and its the establishment phase of Ismaili fiqh came to an end; The sect, in which esoteric interpretations were at the forefront, emerged as a distinctive school of fiqh by discarding ambiguity. Qādî Nu’mān was a very productive writer. He wrote important works related to the field of furu al-fiqh and usûl al-fiqh. Among his works, Ikhtilāf uṣūl al-madhāhib is undoubtedly one of the most important works in the early history of fiqh methodology. The work in question, which was originally written with the aim of rejecting the Sunni fiqh method, discusses the approaches of the Sunni schools of fiqh on ikhtilāf, taqlid, ijma, nazar, qiyas, istihsan, ijtihad and ra’y in a polemical manner. It reveals the differences of the Ismaili method from the Sunni method in terms of the sources on which the fiqh is based, the authority to make ijtihad and the theory of interpretation of the texts. Qādî Nu’mān examined the relationship between reason and revelation in general and the role of religious authority in comprehending and interpreting the texts while criticizing Sunni methods. Ikhtilāf uṣūl al-madhāhib has the characteristics of the works of development period as a form. It is possible to observe the question-answer and dialectic form which can be seen in the works of the development period throughout the work in question. Qādî Nu’mān endeavoured to persuade his opponents with a dialectical and argumentative style. Again, he replied to the Sunnis, who were his interlocutors, with their own proofs. In addition to these, Ikhtilāf uṣūl al-madhāhib has a unique feature in the matter of content. Because it is not very familiar to any Sunni handbook of usûl al-fiqh. It does not mention the hâss, âmm, ijma, qiyas, amir, nahy, alfaz bets, etc. The text is very similar to the Ahbari movement of the Jafari sect for it rejects all forms of ijtihad. It was written at a time when fiqh was not yet stable. Ikhtilāf uṣūl al-madhāhib gives us crucial information about the development of different usûl and fiqh sources in the middle of the fourth century. However, what is interesting here is that the information he gives about Ismaili method and fiqh is very little compared to the one about Sunni method and fiqh. Much of it centered on Sunni thought and its rejection. However, his ultimate goal was to defend the Ismaili doctrine. (shrink)

Al-Qadi al-Nu´man b. Muhammad es el más destacado y prolífico de los estudiosos fatimíes y el fundador de la jurisprudencia isma´ilí. En su epístola " La clarificación elocuente para la refutación de Ibn Qutayba", todavía en manuscrito, al-Nu,man se lanza a una polémica en contra de Ibn Qutayba, que había vivido un siglo antes. Es probable que la epístola fuera escrita en la época de al- Mu´izz a petición de un tutor anónimo de los hijos del califa. En ella, (...) al-Nu´man se propone refutar la afirmación de Ibn Qutaybba, incluida en la introducción de su famosa obra Adab al-Katib, según la cual era suficiente para la realización de sus tareas que los kuttab, o funcionarios del estado, memorizaran una serie de fórmulas legales simples, sin tener que aprenderse las largas disertaciones de los fuqaha' o doctores de la ley. Al-Qadi al-Nu´man, un faqih famoso, se dedica en la epístola a demostrar que sin estas disertaciones no se podía aplicar la ley correctamente. En su texto se refiere a cada fórmula legal mencionada por su rival en Adab al-Katib y demuestra cómo la ley se debería aplicar basándose en la autoridad de los imames del Ahl al-Bayt, la Familia del Profeta Muhammad. También refuta las distintas interpretaciones legales sunníes de estas mismas cuestiones. (shrink)

Greek philosophy; Syriac schools; Ancient Near East; history.

Al-Qāḍī Ḥusayn al-Marwarrūdhī is one of the important representatives of Khurāsān Shāfi‘ī School. Al-Ta‘līḳa is his famous work, which is one of the first commentaries of al-Muzanī’s Mukḫtaṣar. One of the important features of this work is the introduction to some of the subjects of ijtihād (process of juristic legal reasoning), taqlīd (acting upon the word of another without asking for specific proof), ijmā‘ (consensus of jurists) and view’s of the companions of the Prophet. The first systematic, complete and detailed (...) works of uṣūl al-fiqh (Islamic legal theory) that belonged to the Khurāsān Shāfi‘ī School have reached to the present day belong to the second half of the V./XI. century. Making research on the studies which were done about uṣūl al-fiqh and formed the basis of this period is essential to follow the development of uṣūl al-fiqh of the Khurāsān Shāfi‘ī School. Transfer of the uṣūl al-fiqh in al-Qāḍī Ḥusayn al-Marwarrūdhī’s al-Ta‘līḳa make it possible to determine the literatüre, which was formed in Khurāsān region in the period from the death of Shāfi‘ī to the first half of the V./XI. century until the first half of the Khurāsān region, which allows the determination of the uṣūl al-fiqh. In this study, on the basis of ijmā‘, al-Qāḍî Ḥusayn al-Marwarrūdhī’s method in al-Ta‘līḳa will be examined.Summary: Al-Qāḍī Ḥusayn al-Marwarrūdhī is considered to be one of the most important representatives of the Khurāsān Shāfi‘ī School. In addition to receiving fiqh education from al-Qaffāl al-Marwazī, who is accepted as the founder of the Khurāsān Shāfi‘ī School in Shāfiʿī fiqh circles. Al-Qāḍī Ḥusayn, one of the most distinguished students of al-Qaffāl al-Marwazī, has become one of the important bearers of the fiqh heritage of Khurāsān Shāfi‘ī School. The fact that the epithet “el-kāḍî” is used in the works of Khurāsān Shāfi‘ī School to absolutely refer to al-Qāḍî Ḥusayn, is another issue that shows his being authority on fiqh. Al-Qāḍī Ḥusayn al-Marwarrūdhī has accomplished many works in the field of fiqh. The most famous and most important work of al-Qāḍī Ḥusayn is the al-Ta‘lîḳa, written according to the Mukḫtaṣar arrangement style of al-Muzanī. He is often cited as the author of the well-known work al-Ta‘lîḳa in the sect. Al-Ta‘lîḳa, commonly cited in fiqh studies to refer to the views of al-Qāḍī Ḥusayn, is one of the first commentary on Mukḫtaṣar by Muzanī. With these characteristics, al-Ta‘lîḳa is one of the outstanding manuscripts for exploring the fiqh legacy of the Khurāsān Shāfi‘ī School. Another important feature of this text is that uṣūl al-fiqh issues such as ijtihād, taqlīd, ijmā‘ and view’s of the companions of the Prophet (qawl al-ṣaḥābah) have been covered in the introduction of the work. Al-Qāḍī Ḥusayn discusses the issues of evidentiality and types of ijmā‘ and ijmā‘ of ṣaḥābah in the chapter on ijmā‘ in al-Ta‘lîḳa. Al-Qāḍī Ḥusayn also handles the debates on view’s of the companions of the Prophet in the section on ijmā‘ of ṣaḥābah. It is also seen that the proofs proposed for evidentiality of ijmā since Shāfiʿī’s period became more versatile and differed. The fact that the arguments al-Qāḍī Ḥusayn cites in the chapter of the evidences of ijmā‘ were also mentioned by his contemporary, al-Māwardī, an Iraqi Shāfiʿī jurist, points out the accumulation of knowledge in terms of proofs of ijmā. Al-Qāḍī Ḥusayn makes two related distinctions that are fundamentally related to the types of ijmā. The first is the division between ijmā supporters, those who argue for knowability of ijmā, and their opponents. According to this, ijmā is divided into two parts as ‘āmm (general public) ijmā‘ and khāṣṣ (scholars) ijmā‘. Opposition to ‘āmm ijmā‘, such as fardhs (obligations) in prayer, rawātib sunnah (the practice that the Prophet regularly performed) and feast prayer requires kufr (blasphemy). Al-Qāḍî Ḥusayn, who considers issues such as ‘awl (a sharing method in Islamic inheritance law), mut‘a marriage (a type of temporary marriage) and riba’l-faḍl (interest in exchange or sale transactions) which are seen as controversial ijmā‘ issues in literature, as khāṣṣ ijmā‘ and evaluates opposition to this type of ijmā‘ as fisq (impiety). The second division al-Qāḍī Ḥusayn makes is between ijmā‘ based on the text and apparent comparison, and the ijmā‘ based on hidden comparison. Al-Qāḍī Ḥusayn thinks that the opposition to ijmā‘ that is based on ijtihād or the text in terms of sanad (chain of narrators), requires blasphemy. In a sense, this is to accept ijmā‘ as a provision on an equal basis and to reduce the distinctions of ijmā‘ to literary level. Al-Qāḍī Ḥusayn also discusses evidentiality of qawl al-ṣaḥābah in connection with the issues of ijmā‘. Al-Qāḍī Ḥusayn opposes the thesis that ijmā‘ is only limited to companions’ era and argues that it can be realized in any century after the Prophet. Al-Qāḍī Ḥusayn, who discusses ṣaḥābah’s ijmā‘ under two categories: the views of ṣaḥābah that have gained prevalence among other ṣaḥābahs and those that have not gained prevalence among other companions, argues for evidentiality of qawl al-ṣaḥābah, which have gained prevalence and known not to be opposed. He provides significant information on ijmā‘ discussion in Shāfi‘ī fiqh methods with regard to the evidentiality of this type of qawl al-ṣaḥābah, which is referred ijmā‘ al-suqūtī (consensus based on lack of opposition-silence). The knowledge al-Qāḍī Ḥusayn cites with regard to the evidentiality of qawl al-ṣaḥābah which have not gained prevalence among other ṣaḥābahs differs from Māwardī, one of his contemporary, and his predecessors. The fact that he cites Shāfi‘ī’s previous and latest views with regard to the state of such qawl al-ṣaḥābah in the face of qiyās (legal analogy) enables him to make comparison using uṣūl material available in his era. Al-Qāḍī Ḥusayn, who mentions debatable issues among ṣaḥābah, makes controversial narrations. While al-Qāḍī Ḥusayn reports that there is not any conflict on the argument that it is legitimate to express a third view with regard to issues on which ṣaḥābah is divided in two groups and fall into conflict, his contemporary al-Māwardī and other Shāfi‘ī jurists report that it is not legitimate to propose a third view on such an issue as there is ijmā‘ on these issues. (shrink)

Philosophy; ancient civilizations; history.

Byzantine Empire; economic and social conditions; history.

Political science; philosophy; history; Islam and satate.

The Epistle of the Eloquent Clarification concerning the Refutation of Ibn Qutayba by Al-Qāḍī al-Nuʿmān b. Muḥammad. Edited by Avraham Hakim. Islamic History and Civilization, vol. 90. Leiden: Brill, 2012. Pp. xi + 22 + 175. $129, €94.

Mā yanbaghī an yuqaddam qabla taʻallum falsafat Arisṭū --ʻUyūn al-masāʼil fī al-manṭiq wa-mabādiʼ al-falsafah.

RésuméDepuis Ibn Mattawayh et Mānkdīm jusqu'à George Hourani et Marie Bernand, les spécialistes ont montré un intérêt constant pour la théorie de la connaissance d' ʿAbd al-Jabbār, intérêt plus grand encore depuis la parution des textes de Muʿtazilites tardifs comme leKitāb al-Muʿtamad fī Uṣūl al-Dīnd'Ibn al-Malāḥimī, et leKitāb Taṣaffuḥ al-Adillade son maître Abū al-Ḥusayn al-Baṣrī. Cet article examine la théorie de la connaissance immédiate d' ʿAbd al-Jabbār à partir de sonMughnī, ainsi que de textes écrits par ses élèves ou par (...) des Muʿtazilites tardifs. Est aussi étudié le rapport entre cette théorie et les arguments théologiques d'ʿAbd al-Jabbār. Ce travail est divisé en deux parties: en premier lieu, j'étudie la définition de la connaissance immédiate par ʿAbd al-Jabbār et les réactions de ses successeurs; en second lieu, j'analyse sa conception des types de connaissance immédiate étroitement liés à ses arguments théologiques. Et à partir de là, je montre comment le désaccord à propos du contenu de cette connaissance est à l'origine du débat opposant les théologiens musulmans (mutakallimūn) à propos de la validité de certains arguments théologiques. (shrink)

Following the formation of disciplines/sciences in different fields of Islamic thought, the specific concepts and terminologies of these disciplines/sciences began to emerge. Then the special meaning and the area of utilization for every concept in each discipline/science were further clarified by compiling specific epistles of definition (ḥudūd), which would contribute to this process of conceptualization. For the terminological meaning of the used concept to be determined primarily and thus for the followed theological/sectarian affiliation to be supported, works belonging to this (...) genre have been written specifically for the field of theology. Especially, the Muʿtazilī theologians undoubtedly made the greatest contribution. Thusly, specific treatises containing theological concepts were compiled by names such as al-Qāḍī ʿAbd al-Jabbār (d. 415/1025), and his students Abū Rashīd al-Nīsābūrī (d. after 420/1029) and Ibn Sharwīn (fl. first half of the Vth/XIth century). Zaydī theologian and jurist Abū’l-Qāsim al-Bustī’s (d. 420/1029) Tahdhīb al-ḥudūd, which has no available copy, is also contemporary to the mentioned works. This tradition found its reflection in the Imāmī-Muʿtazilī line in Abū Jaʿfar al-Ṭūsī’s (d. 460/1067) al-Muqaddimah fī l-madkhal ilá ṣināʿat ʿilm al-kalām, which could be seen as a concise theological work in terms of its construct and the explanations which it comprises, and in the work called al-Ḥudūd wa-l-ḥaqāʾiq, which is attributed to al-Sharīf al-Murtaḍá (d. 436/1044). Abū Jaʿfar al-Muqrī al-Nīsābūrī’s (d. mid-VIth/XIIth century [?]) al-Ḥudūd stands out as the most voluminous example in this tradition. The most important work belonging to this genre in the Muʿtazilī tradition, as it is the first among the available works, is the Ḥudūd al-alfāẓ of al-Qāḍī ʿAbd al-Jabbār, which is found together with some other important Zaydī-Muʿtazilī works in a compilation discovered by us and thought to be lost until recently. In this treatise, which generally includes theological concepts and partially includes the concepts of Islamic law and the history of sects, al-Qāḍī ʿAbd al-Jabbār has put forward a language-based definition theory. His approach here is in line with the views he put forward on definition in his al-Mughnī. Accordingly, instead of definition (ḥadd) and description (rasm) carried out over five universals in classical logic, he adopted a method of lexical definition based on wording that agrees with the meaning of the concept in question and is clearer than it, and consequently gave a brief definition and explanation of the concept he deals with. This clearly shows that the previous Muʿtazilī theologians’ approach of language-based definition, which was used as an alternative to the conception of Aristotelian definition due to their distanced stance to philosophy was also inherited by al-Qāḍī ʿAbd al-Jabbār. The approach seen in some sources in the period following al-Qāḍī, such as Abū Rashīd al-Nīsābūrī’s al-Ḥudūd, also indicates his influence. (shrink)

In this study, Qāḍī Abd al-Jābbār’s views on knowing Allah (ma‘rifatullah) and following issues have been analysed. In this context, either the divine message has reached to a person or not, it is examined whether ma‘rifatullah is obligatory (wajib) upon him. Subsequently, it is discussed whether this obligation is ensured by reasoning (‘aql) or revelation (naql). Furthermore, while keeping in mind the role of intellect (nazar) and argumentation (istidlāl), we have established and evaluated religious state and source of nazar and (...) istidlāl. Also, we discussed to what extend God can be the subject of knowledge and from which aspects He can be known. Besides, we discussed whether ma‘rifatullah is an obligation and if not what its justification is. In addition, we examined whether imitative knowledge (taqlīd) is possible in the case of ma‘rifatullah or not and whether it’s sufficient to know God just by taqlīd without the reasoning at all. Finally, Qāḍī Abd al-Jābbār’s opinions on the religious situation of people to whom the divine revelation did not reach at all and so they lack of knowledge on God. (shrink)

Fünfundzwanzig arabische Geschäftsdokumente aus dem Rotmeer-Hafen al-Quṣayr al-Qadīm [P.QuseirArab. II]. By Andreas Kaplony. Islamic History and Civilization, vol. 109. Leiden: Brill, 2014. Pp. vii + 208, illus. $120, €93.

Metaphysics is one of the most major disciplines of philosophy. Generally, since Aristotle, its subject has been accepted as "being qua being". However, in the history of Islamic thought, there have been some scholars who think that kalam should be accepted as a superior science instead of metaphysics. Therefore, these thinkers considered "being qua being", which is accepted as the subject of metaphysics, as the subject of theology. In this study, the approach of Qadî Sirâj al-Din Urmawi, a member of (...) the philosophical theology school formed by the philosophical-kalam scholars who think that the claim in question is true and is shaped within the framework of this idea to metaphysical science and metaphysical concepts will be discussed. Therefore, this study is limited to Urmawi’s approach to metaphysics and metaphysical concepts. With this study on Urmawi, it is aimed to determine the essential position of metaphysics according to Urmawi and the meanings of metaphysical concepts in his thought. It is important for the development of philosophical thought to determine the way in which these issues are handled by a thinker who is a member of the philosophical theological school. His works Matali al-Anwâr and Bayân al-Haqq, written in the line of Fakhr al-Din al-Razi, are remarkable in terms of revealing his philosophy and the way he dealt with metaphysical concepts in a broader way. Additionally, with this study, which will contribute to the understanding of the position of metaphysics in the 13th century, it is seen that metaphysics is a superior science in the eyes of Urmawi. However, his approach to metaphysical concepts is different from his approach to the science of metaphysics. Indeed, although he gives place to Ibn Sînâ’s views on metaphysical concepts, Fakhr al-Din al-Razi is dominant in his approaching. (shrink)

Abstract Qadi `Abdul-Jabbar, although has come to be Known as a Mu`tazili theologian, can be certainly mentioned as a moral philosopher by attention to his ethical views in the theological books. The paper is going to present his ethical opinions concerning normative ethics and Meta-ethics. It shows that `Abdul-Jabbar is a rationalist moral philosopher, who considers reason as the origin of moral obligations, and as the means of evaluating the rightness and wrongfulness of actions. Moreover, he is an essentialist, (...) that is, he regards the nature of actions as the source of rightness or wrongfulness of actions, rather than the external factors. Furthermore, he is a rule-deontologist, who holds human beings must act in accordance with rules and duties. In addition to these, he is an ethical intuitionist and foundationalist; that is to say, he believes that there exist basic moral propositions that can be intellectually intuitionable. These propositions expressing moral principles are evident and necessary ones, and determinant foundations of other duties, whether theoretical or practical. (shrink)

Sunnah is considered the second of the main sources of Islam. The reports, which are considered the carrier of the sunnah, have been conveyed by narrators at different levels. The reasons for the difference between the conveying narration levels were handled mainly as a subject of research and discussion by theologians and Muʿtazila scholars as well. One of these subjects is the factors affecting the conveying of the narration and what is preventing it from being conveyed. Qāḍī Abd Al-Jābbār (d. (...) 415/1025) is one of the scholars who has a different account on this subject. He developed a philosophical perspective on the Islamic narrative case, acting in line with the rationalist sectarian approach. Accordingly, the frequency of conveying narration, whether the report is religious, its effect on the interlocutor, it's becoming ordinary. Therefore, ın this study, the factors which affect conveying of the khabar are emphasized in line with the opinions of Qāḍī Abd Al-Jābbār. In other words, the factors that ensure that a report is voiced and repeated by the members of the society and the reasons that prevent the transfer of a word are emphasized. Qāḍī Abd Al-Jābbār dealt with the factors affecting the conveying or repetition of khabar with the social, psychological and belief aspects of human and tried to exemplify. These factors have a two-way effect. Some of factors require the conveying of the khabar, while others are considered to prevent and weaken it. Although these factors are related to the psychological aspect of the person in terms of source, they differ from the process of action. The first of these factors that require the conveying of the khabar was named by Qāḍī Abd Al-Jābbār as الداعي. The second one is the factors that prevent the communication of the khabar, and it was named as الصوارف. The “dāʿi” for doing or not taking an action can be more than one and also different in strength. The action of the person towards the conveying of the khabar is directly proportional to the force of the “dāʿi”. Strong actions motivate the person to perform it more, whereas the weakest influence lead less people to perform the action. Therefore, two khabar with the same “dāʿi” should be conveyed at the same rate. Because the main factor is named “dāʿi” that provides their conveying has the same force. Accordingly, it is not correct whether one of the two khabar items that share the same situation and are in the same time period is not posted and the other is. In other words, the transfer of something is devāʿī / الدواعي and in accordance with the strength of the need within the framework of the custom / العادة law. The conveying of the khabar status depends on the tendency to post it or the issues that prevent it. Among these factors, the issues that enable the conveying of the khabar and motivate people in this regard are also expressed in terms of issues and elements that prevent people from conveying. These are closely related to the psychological situation of the person who conveyed the khabar, the ordinariness of the khabar, the need for the khabar, the distance to the time of the khabar, the religious quality of the khabar and whether there is a fear situation surrounding the conveying. According to this, if there is a “dāʿi / motive” and " devāī / motives" related to the khabar, it is conveyed but if there is any "sārif/ inhibitor" about it, it is not conveyed. The “dā’i / motive” and "sārif/ inhibitor" of the khabar do not have the same strength. Accordingly, to obtain neccecity in knowledge, the correctnes of khabar depends on the “dāʿi” in the khabar. Therefore, since the “dāʿi” owned by the “khabar from single persons / ahad khaber” are weaker than the “dāʿi” owned by the mutawatir khabar. Therefore, it cannot be expected to be transmitted at the same level. (shrink)

The second half of the third/ninth and the fourth/tenth centuries are of particular importance for the development of the judiciary in the central lands of the Abbasid caliphate. At the end of the mihna period and the victory of Sunnism under al-Mutawakkil (r. 232-247/847-861), the caliphate agreed not to interfere further within the legal sphere, thus allowing the principal schools of law to complete their development toward their classical structure. In Iraq, thanks to the growing independence of the legal sphere (...) and to the political weakness of the caliphate, the qadis increased their judicial freedom. Meanwhile, the political situation in Egypt was very different. The provincial rulers and two successive dynasties, the Tulunids (254-292/868-905) and the Ikhshidids (323-358/935-969), profited from the weakness of the caliphate, and imposed their autonomy de facto. The role played by the judiciary in this process is still unclear, as is the impact of Egyptian autonomy on the development of the local judiciary. In this paper, I discuss the evolution of the relationship between the Egyptian governors and the judiciary, from the accession of Ahmad b. Tulun in 254/868 until the arrival of the Fatimids in 358/969. Several elements are taken into consideration: (1) The institutional links between political power and the judiciary: Who appointed the qadis? How were they selected? Did the government choose to rely on local scholars or did the qadis come from outside the province? (2) The financial connection between the governors and the qadis, which was not only symbolic of the delegation of power, but could also denote the submission of the judiciary to the government. (3) The daily interactions between the qadis and the governors. (4) The judicial practice of the qadis. (5) Their reputation. I study to what extent the judiciary and its control was a political issue for the Tulunids and the Ikhshidids, and how the efforts of these two dynasties to build an Egyptian autonomy had important consequences on the structure of the legal milieu. (shrink)

This article revisits the controversy between Abū Bakr al-Rāzī and Abū al-Qāsim al-Balḫī. Based on the testimony of the Kitāb taṯbīt dalāʾil al-nubuwwa of the Qāḍī ʿAbd al-Ǧabbār, it is shown that the two philosophers must have clashed at the court of Aḥmad b. Sahl al-Marwazī, governor of Balḫ, during the 910s, and that the virulence of the tone of their exchange can be explained above all by this context of professional rivalry. In terms of content, their conversation must have (...) focused on the question of divine justice and on the best way to give an account of prophecy and Qurʾanic wisdom. We then turn to the study of chap. VIII, 4 of Faḫr al-Dīn al-Rāzī's Al-maṭālib al-ʿāliya and show that, contrary to a recently held view, this chapter constitutes an echo not of Abū Bakr al-Rāzī, but of the first argument of Ibn al-Rāwandī's Kitāb al-zumurrud, which contrasted the autonomy of reason with the necessity of prophecy in order to conclude from the former to the negation of the latter. Finally, it is suggested that Abū Bakr al-Rāzī's doctrine of prophecy, like that of the great theologians of his time, both Muʿtazilites and Ašʿarites, aims to escape the dilemma set up by Ibn al-Rāwandī a few decades earlier. (shrink)