al-Juwainī

Abū l-Maʿālī ʿAbd al-Malik ibn ʿAbdallāh al-Juwainī ( Arabic ابو المعالي عبد الملك بن عبد الله الجويني, DMG Abū l-Maʿālī ʿAbd al-Malik ibn ʿAbdallāh al-Ǧuwainī ; * February 17, 1028 in Buschtaniqān, a village near Nishapur ; † August 20, 1085 ), also known by his honorable surname Imām al-Haramain (امام الحرمين / Imam al-Haramain  /, Imam of the two holy places') was, in his time one of the most schafiitischen jurists and Ash'arite theologians in Khorasan .

Life

Al-Dschuwainī, son of a well-known Shafiite legal scholar from Juwain, who had come to Nishapur in 1016, took over his teaching circle in 1048 after the death of his father. During this time he is said to have often quarreled with the Hanafi scholar ʿAlī ibn al-Hasan as-Sandalī (d. 1091), whom the Seljuk Sultan Ṭoilril Bek had appointed as chief preacher for the city after taking Nishapur in 1037. When they got together, their followers fell upon each other. When the sultan persecuted the Ashʿarites in 1053 at the instigation of his Muʿtazilite- Hanafite vizier Mansūr al-Kundurī, al- Juwainī fled to Baghdad together with al-Qushairī . In 1058 he traveled to the Hejaz , where he taught for four years at the two holy sites of Mecca and Medina . Hence his laqab, Imam al-Haramain . In 1063 he returned to his hometown of Nishapur, where the new vizier Nizām al-Mulk built a Nizamiyya school for him , which taught until his death. Abū Hāmid al-Ghazālī was among his disciples here . Al-Juwainī died in his home village, which he had visited to recover from an illness.

Works

• al-Burhān fī uṣūl al-fiqh , treatise on Islamic legal theory , which was considered very difficult and was therefore referred to by Tādsch ad-Dīn as-Subkī as the “mystery of the umma ” ( luġz al-umma ). Ibn Chaldūn described it as one of the best Usūl-al-fiqh works, which were written "in the manner of the theologians" ( bi-ṭarīqat al-mutakallimīn ). Al-Juwainī also polemicizes against Abū Hanīfa in the work and expressed the view that he should not be regarded as a mujtahid .
• al-Waraqāt fī uṣūl al-fiqh , short introduction to Islamic legal theory that has been widely commented on. The best known is the commentary by Jalāl ad-Dīn al-Mahallī (1389-1459). French translation by L. Bercher under the title "Les fondements du fiqh" (Paris 1995).
• at-Talḫīṣ , Epitome to at-Taqrib wa-l-iršād of Al-Baqillani .
• Muġīṯ al-ḫalq fī tarǧīḥ al-qaul al-ḥaqq ("Savior of the people with regard to the preference for true speech") is a promotional pamphlet for the Shafiite Madhhab . Al-Juwainī explains in the preface that God haschosen ash-Shāfidī from among the religious scholarsand made his madhhab the best madhhab, which is why all people are obliged to join him. As arguments for the superiority of asch-Shāfidīs over the other founders of law schools, he cites that he was the only one of them wholistened tothe Quraysh and was the first to develop legal science into a consistent teaching system. The text is divided into varioussections introducedby wa-in qīla (“And when it is said: ...”), in which possible objections from the Hanafi side to a Shafiite claim to priority are refuted. Al-Juwainī first deals with those questions thatconcernthe usūl al-fiqh , and then goes through the various legal applications ( furūʿ )one after the other. In the main part he cites an anecdote that tells of how the Ghaznavid ruler Mahmud of Ghazni indignantly turned away from the Hanafi madhhab after the Shafiite scholar al-Qaffāl al-Marwazī performed a ritual prayer according to the Hanafi rules and performed all sorts of repulsive things inserted the prayer. The script was laterrefutedby several Hanafi scholars, including ʿAlī al-Qārī .
• al-ʿAqīda an-niẓāmīya , Ashʿari creed . It was edited ( digitized ) by Muhammad Zāhid al-Kautharī . A German translation by Helmut Klopfer under the title Das Dogma des Imâm al-Ḥaramain al-Djuwainî and his work al-'Aqîdat an-niẓâmîya appeared in Cairo in 1958.
• Kitāb al-Iršād ilā qawāṭiʿ al-adilla fī uṣūl al-iʿtiqād , major theological work. Edition by JD Luciani, Imprimerie nationale, Paris, 1938. English translation by Paul E. Walker under the title A guide to conclusive proofs for the principles of belief . Reading: Garnet, 2000. ISBN 978-1-85964-157-6
• Lumaʿ al-adilla fī qawāʿid ʿaqāʾid ahl as-sunna , abridged version of his Kitāb al-Iršād .
• Ġiyāṯ al-umam fī iltiyāṯ aẓ-ẓulam ("Help for the peoples in the confusion of darkness"), constitutional treatise in which al-Juwainī puts forward the view that the suitability ( kifāya ) of the ruler and his "approach to difficult matters “( Al-istiqlāl bi-ʿazāʾim al-umūr ) are even more important than his descent from the Quraish and his knowledge of the divine order. If the ruler is fit, he can even be considered an imam . It is only important that he obtain the opinion of a legal scholar in the event of problems. Since al- Juwainī mentions the death of Alp Arslan in the work , it must have been written after 1072.

Teaching

In the field of legal theory, al-Juwainī's position is characterized by the fact that he attached great importance to ʿUrf (“custom”). In his view, it forms the most important basis for rational reasoning. In his opinion, ʿUrf should also be used as a criterion for checking the authenticity of hadiths . Al-Juwainī said in al-Burhān : “Any report that contradicts the commandment of custom is untruth.” Finally, the Idschā soll should only be ascertainable via Urf. In his treatise on constitutional law, Ġiyāṯ al-umam , he wrote: "I say: Everything that is said about the proof of the Idschāʿ is based on the custom and its continued existence."

literature

• Michel Allard: Textes apologétiques de Ǧuwainī (m. 478/1085); textes arabes trad. et annotés. Beyrouth: Dar el-Machreq Ed. 1968.
• Carl Brockelmann : History of Arabic Literature. Leiden 1937–1949. Vol. I² pp. 486-488, Supplement Vol. I, pp. 671-673.
• C. Brockelmann, L. Gardet: Art. " Al- Dj uwaynī" in The Encyclopaedia of Islam. New Edition Vol. II, pp. 605a-606a.
• Éric Chaumont: “En quoi le maḏhab šāfiʿite est-il šāfiʿite selon le Muġīṯ al-ḫalq de Ǧuwaynī?” in Annales islamologiques 35 (2001) 17-26.
• Amir Dziri: Al-Ǧuwaynīs position in the dispute between traditionalists and rationalists . Frankfurt am Main [u. a.]: Lang, 2011.
• Wael B. Hallaq : Caliphs, Jurists and the Saljuqs in the Political Thought of Juwayni in The Muslim World 74 (1984) 26-41.
• Helmut Klopfer: The dogma of Imâm al-Ḥaramain al-Djuwainî and his work al-'Aqîda an-niẓâmîya . Harrassowitz, Cairo-Wiesbaden, 1958.
• Tilman Nagel : The fortress of faith. Triumph and Failure of Islamic Rationalism in the 11th Century. Munich 1988.
• Mohammad Moslem Adel Saflo: Al-Juwaynī's thought and methodology: with a translation and commentary on Lumaʾ al-adillah . Berlin: Schwarz, 2000. Available online here: http://menadoc.bibliothek.uni-halle.de/iud/content/titleinfo/256422

Individual evidence

1. ↑ See Hallaq 27
2. ↑ Cf. Ibn Abī l-Wafāʾ al-Qurašī: al-Ǧawāhir al-muḍīʾa fī ṭabaqāt al-Ḥanafīya. 2 vols. Hyderabad / Dekkan 1332h. Vol. I, p. 357.
3. ↑ See Saflo 12f.
4. ↑ See Hallaq 27.
5. ↑ Cf. Brockelmann GAL I 486f.
6. ↑ See Brockelmann / Gardet 605b.
7. ↑ Cf. Ibn Ḫaldūn: al-Muqaddima . Beirut: Dār al-Qalam 1992. p. 455.
8. ↑ See Chaumont: "En quoi le maḏhab šāfiʿite est-il šāfiʿite" 2001, p. 18.
9. ↑ See Chaumont: "En quoi le maḏhab šāfiʿite est-il šāfiʿite" 2001, p. 21f.
10. ↑ See Nagel 1988, 179-198.
11. ↑ See Saflo 15.
12. ↑ See Tilman Nagel: State and Faith Community in Islam, Vol. 2. From the late Middle Ages to the modern age . Zurich: Artemis 1981. pp. 80f.
13. ↑ See Hallaq: "Caliphs, Jurists and the Saljuqs". 1984, p. 28.
14. ↑ Cf. Ayman Shabana: Custom in Islamic law and legal theory: the development of the concepts of ʿurf and ʿādah in the Islamic legal tradition . New York 2010. p. 81.
15. ↑ Kullu ḫabarin yuḫālifu-hū ḥukmu l-ʿurfi fa-huwa kaḏibun. Quoted in Shabana 201.
16. ↑ fa-aqūlu: madāru l-kalāmi fī iṯbāti l-iǧmāʿi ʿalā l-ʿurfi wa-ṭṭirādi-hī . Quoted in Shaba 202.