al-Shaibani

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Abū ʿAbdallāh Muhammad ibn al-Hasan ibn Farqad al-Shaibānī ( Arabic ابو عبد الله محمد بن الحسن بن فرقد الشيباني, DMG Abū ʿAbdallāh Muḥammad b. al-Ḥasan b. Farqad aš-Šaibānī * 749 or 750 in Wasit , Iraq ; † 805 in Rey ) was a student of the legal scholar Abū Hanīfa and, together with him and Abu Yusuf, is considered to be the founder of the Hanafi school of law in Sunni Islam .

Life

Asch-Schaibānī comes from a family of wealthy Mawālī of the Arab tribe of the Banū Schaibān from the village of Harastā near Damascus. His father emigrated to Iraq during the fall of the Umayyad dynasty and settled in Wāsit, where Muhammad was born in 132 dH (= 749/50 AD). He grew up in Kufa , where he became a student of Abū Hanīfas at the age of 14 and also studied with Sufyān ath-Thaurī and al-Auzāʿī and Abū Yūsuf . At an unknown point in time, he traveled to Medina, where he spent two to three years with Mālik ibn Anas . At the age of 20 he was already so famous for his lectures that his teacher Abū Yūsuf felt overshadowed.

In 797, al-Shaibani was summoned to Baghdad by the authorities and appointed Qadi of Raqqa , an office he held until 803. Then he returned to Baghdad and worked primarily as a teacher. Among his most famous students were Ash-Shāfidī , Chalaf ibn Aiyūb al-Balchī (st. 820) and Ahmad ibn Hafs al-Kabīr (st. 832) and ʿĪsā ibn Abān (st. 836).

As Harun al-Rashid in 805 by Khorasan traveled, he took with ash-Shaybani to retransmit him there, the Qadi Office. Ash-Shaibānī, however, died en route in Raiy on the same day as the philologist al-Kisā'ī, which led the caliph to remark that he buried Fiqh and linguistics ( luġa ) on the same day.

Works

Ash-Shaibānī is considered to be one of the founders of the Hanafi school of law, whose teachings he was able to develop further through his writings after Abu Hanifa and Abu Yusuf. He also studied with Mālik ibn Anas in Medina , narrated his al-Muwatta and supplemented it with his comments according to the teaching of his teacher Abu Hanifa. For this reason his Muwatta 'review was also called: kitāb al-ichtilāf baina Mālik ibn Anas wa-Muhammad ibn al-Hasan  /كتاب الاختلاف بين مالك بن أنس ومحمد بن الحسن / kitāb al-iḫtilāf baina Mālik b. Anas wa-Muḥammad b. al-Ḥasan  / 'The book of controversial doctrines between Mālik ibn Anas and Muhammad ibn al-Hasan'. A copy from 1388 has been preserved under this title. As a source of jurisprudence , asch-Shaibānī gave the hadith priority over the ra'y and thus differed from the methodology of his teacher Abu Hanifa.

Im al-mabsūt; kitāb al-asl  /المبسوط, كتاب الأصل / al-Mabsūṭ, Kitāb al-aṣl  / 'The comprehensive, the basic', asch-Shaibānī compiles the sum of the Hanafi legal doctrine, which he developed through his az-Ziyādāt  /الزيادات / 'Extensions' in many areas of Fiqh added.

His al-Jāmiʿ al-kabīr  /الجامع الكبير / al-Ǧāmiʿ al-kabīr  / 'The great summary (work)' deals with the derived legal clauses of Islamic jurisprudence (furūʿ) and has since been commented on several times, discussed within the law school and used as teaching material. It handles a large number of legal cases with concise decisions. Comments and abstracts of the work are available in later revisions. The judges had to know the 1532 legal clauses by heart when issuing and notarizing their decisions and used them accordingly.

The kitāb al-āthār  /كتاب الآثار / kitāb al-āṯār  / 'The Book of Traditions' contains the traditions used by his teacher Abu Hanifa to justify the legal propositions. Around half of them go back to Muhammad and his companions in the form of hadiths , while the rest of the traditions come from the subsequent generations of the Prophet's companions . The work has been printed several times, most recently in Cairo in 1936.

With his kitāb as-siyar al-kabīr  /كتاب السير الكبير / kitāb as-siyar al-kabīr  / 'The great book on international law' is asch-Shaibānī - with his older Syrian contemporary al-Auzāʿī († 774) - as the founder of Islamic international law. The work has been preserved in the late arrangement by as-Sarachsī († 1090) in four volumes and has also been printed several times.

A short version of the work, kitāb as-siyar as-saghīr  /كتاب السير الصغير / kitāb as-siyar aṣ-ṣaġīr  / 'The little book on international law', the authenticity of which is questionable, was published by the Islamic Research Institute in Islamabad in an edition with commentary and an English translation in 1998.

The kitab al-hujaj  /كتاب الحجج / kitāb al-ḥuǧaǧ  / 'The Book of ( Legal ) Arguments' has been compiled by one of his students. The work is also entitled: kitāb al-huddscha fī ichtilāf ahl al-Kufa wa-ahl al-Madina  /كتاب الحجة في اختلاف أهل الكوفة وأهل المدينة / Kitāb al-ḫuǧǧa fī iḫtilāf ahl al-Kūfa wa-ahl al-Madīna  / 'The Book of Evidence on the Controversial Doctrines of Law between the Buyers and Medinians'. It deals with the controversial doctrines between Mālik ibn Anas and the Hanafi school of law, represented by Abū Ḥanīfa and al-Shaibānī. It is the oldest work on doctrinal differences in early jurisprudence that has been preserved in an adaptation from the early 9th century. The book was printed in Lucknow in 1888 .

al-macharij fil-hiyal  /المخارج في الحيل / al-maḫāriǧ fī ʾl-ḥiyal is a collection on the so-called legal twists ( ḥiyal ) in Hanafi law, which goes back to Abū Yūsuf, the school's founder, Abū Ḥanīfa. The book was published by the German orientalist Joseph Schacht in 1930 (Hinrichs, Leipzig).

literature

  • E. Chaumont: Art. Al Sh aybānī in The Encyclopaedia of Islam. New Edition Vol. IX, pp. 392b-394b.
  • Hans Kruse : The foundation of the Islamic doctrine of international law. Muhammad aš-Shaibānī, "Hugo Grotius of the Muslims" . In: Saeculum 5 (1954), pp. 221-241, doi: 10.7788 / saeculum.1954.5.jg.221 .
  • Majid Khadduri: The Islamic Law of Nations: Shaybānī's Siyar. Baltimore: The Johns Hopkins Press 1966.
  • Joseph Schacht: The Arabic Ḥiyal literature. A contribution to the research of Islamic legal practice. In: Der Islam 15 (1926), pp. 211–232
  • Fuat Sezgin: History of Arabic Literature . Brill, Leiden 1967. Vol. 1, pp. 421-433
  • Otto Spies and Erwin Pritsch: Classical Islamic Law . In: Bertold Spuler (ed.): Handbuch der Orientalistik . First department. Supplementary volume III. Oriental law. Brill, Leiden / Cologne 1964. pp. 238–241
  • The Shorter Book on Muslim International Law. Kitāb al-Siyar al-Ṣaghīr by Muḥammad ibn al-Ḥasan al-Shaybānī. Islamabad 1998. Mahmood Ahmad Ghazi (ed. And transl.). Introduction , pp. 1–39 ISBN 969-408-194-7

Individual evidence

  1. ↑ See Chaumont 392b.
  2. ↑ See Sezgin 421.
  3. ↑ See Khadduri 31f.
  4. ↑ See Chaumont 392b.
  5. ↑ See Chaumont 393a.
  6. ^ Printed in Cairo in 1967
  7. ↑ Fuat Sezgin (1967), Vol. 1, p. 460; Miklos Muranyi : An old fragment of Medinan jurisprudence from Qairawān. (Treatises for the customer of the Orient. Vol. XLVII, 3). Stuttgart 1985. pp. 51-52
  8. ^ F. Sezgin (1967), pp. 423-428 with numerous comments
  9. ^ J. Dimitrov: Asch-Schaibānī and his Corpus juris al-ǧāmiʿ aṣṣaġīr. In: Communications from the Seminar for Oriental Languages ​​(MSOS) 9 (1908), pp. 60–206
  10. ↑ F. Sezgin (1967), pp. 516-517
  11. ↑ Hans Kruse: The foundation of the Islamic doctrine of international law. In: Saeculum 5 (1954), pp. 221-241
  12. ↑ F. Sezgin (1967), pp. 430-431
  13. ↑ Miklos Muranyi: Fiqh . In: Helmut Gätje (Hrsg.): Outline of Arabic Philology. Literary studies. Vol. II.S. 311. Wiesbaden 1987
  14. ↑ Joseph Schacht: The Arabic Ḥiyal literature, passim ; F. Sezgin (1967), p. 431. No. IX
  15. ^ Reprint Hildesheim, Georg Olms Verlag 1968


personal data
SURNAME Shaibānī, Ash-
ALTERNATIVE NAMES Shaibani, Muhammad ash
BRIEF DESCRIPTION Student of the legal scholar Abu Hanifa, one of the founders of the Hanafi school of law
DATE OF BIRTH 749 or 750
PLACE OF BIRTH Wasit , Iraq
DATE OF DEATH 805
Place of death Rey