al-Shafidī

The tomb of Ash-Shāfidī in Cairo

Muhammad ibn Idrīs ash-Shāfiʿī ( Arabic محمد بن إدريس الشافعي, DMG Muḥammad ibn Idrīs aš-Šāfiʿī ; * 767 in Palestine ; † 820 in Fustāt (Old Cairo)) was an important Islamic legal scholar , to whom his own school of law ( madhhab ), which is referred to as Schāfiʿitisch , can be traced back . Ash-Shāfiʿī is also considered to be the actual founder of Islamic legal theory .

Life

Ash-Shāfidī belonged to the Meccan tribe of Quraish and was a descendant of al-Muttalib, the brother of Hāschim ibn ʿAbd Manāf . He spent his youth in poor conditions in Mecca, where he attended the teaching sessions of Muslim ibn Chālid az-Zanschī (st. 795/96), who was the city's mufti , and Sufyān ibn ʿUyaina (st. 813). After receiving permission from Chālid to create fatwas at the age of 15 , he turned to Mālik ibn Anas in Medina around 786 and became his disciple.

He then took up an office in Najrān in Yemen . Here he became involved in Alidian activities. So he paid homage to the Hasanid Yahyā ibn ʿAbdallāh. That's why he was later also of Shiism suspected. Together with nine Aliden he was brought in chains before the caliph Hārūn ar-Raschīd in 803 , who pardoned him. On this occasion he is said to have come into closer contact with the Hanafite al-Shaibani . From 810 ash-Shāfidī taught in Baghdad . Around 814 he settled in Fustāt , where he taught in the ʿAmr Mosque until his death in 820 . Here he also had contact with Saiyida Nafīsa .

Works

Ash-Shāfidī is said to have written a total of over a hundred writings, of which 109 are listed by Ibn an-Nadīm . Of these, the following were particularly important:

• Risāla ("missive"). Ash-Shafiʿī called his book al-Kitāb himself . The title "Epistle" refers to the fact that this work was written by al-Shāfidī in response to the request of the traditionalist ʿAbd ar-Rahmān ibn Mahdī (813) and sent to him. 'Abd al-Rahmaan had asked him to draw up a work that deals with legal statements of the Koran, the historical reports which refer to them, and the probative value of the ijma deals and clarity about the abrogating and abrogrierten statements from the Koran and prophetic Sunna creates . The book, which has been commented on several times, is considered to be the first work on the Usūl al-fiqh , but this expression does not appear anywhere in the work. According to Lowry, ash-Shāfidīs Risāla revolves primarily around the legal-hermeneutic concept of bayān ("explanation"). According to this concept, the Islamic law is basically contained in the Koran and Sunna, whereby the individual legal rules result in five different ways from these sources: (1) from the Koran alone; (2) from the Koran and the Sunna together, both amounting to the same thing; (3) composed of the Koran and the Sunna, the Sunna explaining the Koran; (4) from the Sunnah alone; (5) from neither of the two legal sources. In the latter case, one's own judgment ( idschtihād ) is required.
• Kitab al-Umm . ("The Basic Work"). It is a collection of treatises by al-Shafid, which students obtained and distributed under this title only after his death. The modern print edition comprises seven volumes.
• Kitāb Iḫtilāf al-ḥadīṯ ("Book on the Contradictory in Hadith"). The work was printed in the margin of the Kitāb al-Umm .

Aftermath

Position in the Shāfidītic school of law

Although al-Shāfidī had spoken out strongly against the principle of Taqlīd , the transfer of judgment to another, in his works , after his death a separate madhhab was formed around his teachings with a center in Egypt. From there it spread to Iraq and Khorasan in the 10th century.

Several Shāfiʿites , including al-Baihaqī (d. 1066), Fachr ad-Dīn ar-Rāzī (d. 1209) and Ibn Hajar al-ʿAsqalānī (d. 1449), later wrote works on the "excellent qualities" ( manāqib ) asch -Shaafidis. The Shafiites saw in the founder of their school of law a defender of the Sunnah of the Prophet, in contrast to Abū Hanīfa , who they regarded as an advocate of Raʾy .

Fachr ad-Dīn ar-Rāzī stated in his work that although Muslim scholars had dealt with questions of Islamic legal theory before al-Shāfidī, they did not yet have universal principles that they could follow in dealing with these questions. What asch-Shāfiʿī achieved with regard to the "science of revelation" ( ʿilm aš-šarʿ ) corresponds to what Aristotle had previously achieved for the "science of the mind" ( ʿilm al-ʿaql ). Generally speaking, the Shafiite scholars considered al-Shafiʿī to be the founder of the Usul al-fiqh . Two Shafiite authors of the 14th century, as-Subkī (d. 1370) and az-Zarkaschī (d. 1392), provided long lists of Usul-al-fiqh books in their works , which they each associated with the Risāla asch-Schāfiʿīs let begin.

Worship of Ash-Shafidis tomb

The burial mausoleum of Ash-Shafiʿī in the southern cemetery of Cairo

Ash-Shāfidī also had the reputation of a saint early on . According to a report by al-Maqrīzīs , in 1081 Nizām al-Mulk , the vizier of the Seljuk Empire , entered into correspondence with his Fatimid colleague Badr al-Jamali in order to have the remains of ash-Shāfidīs transferred to Baghdad because he was thereby his Nizāmīya - School that taught al-Shafidis' legal system. However, when Badr al-Jamali and his people tried to exhume the body of al-Shāfidīs, there were violent protests by the local population, which did not prevent the vizier and his overlord, the caliph al-Mustansir , from sticking to the enterprise. Al-Maqrīzī reports that a miraculous intervention by al-Shāfidīs has now thwarted the plan. Just at the moment when the builders started to remove the bricks from the grave, a bewitching scent came out of his grave, which made them swoon for an hour. When they woke up, they reportedly refused to continue the operation and locked the grave again.

In 1211 al-Malik al-Kamil had a mausoleum built over the tomb of al-Shāfiʿīs . The dome building ( qubba ) is located far to the southeast of the Cairo burial district . The ornate wooden coffin used to be visited on an annual pilgrimage (maulid, mausim) . The builder of the mosque and his family are buried in other graves in the complex.

Appreciation outside the Shaafid school of law

Outside of his school of law, al-Shāfidī is valued as a legal thinker. So the conception of asch-Shāfi Begrī as the founder of the Usūl al-fiqh also spread in other schools of law. The Hanbalites tried to show that al- Shafidi agreed with them in rejecting the Kalam . Ibn Qaiyim al-Jschauzīya (d. 1350) concluded this, among other things, from the fact that in the expanded Hamdala at the beginning of ash-Shāfiʿīs Risāla God is described as the one "who is as he has described himself and over which stands with what people have described him ". Ibn al-ʿImād (d. 1679) narrated from him the saying: "There is nothing that I hate more than the Kalām and his followers" ( mā šaiʾun abġaḍu ilaiya min al-kalām wa-ahli-hī ).

See also

• al-Muzanī

literature

Arabic sources

• Shams ad-Dīn aḏ-Ḏahabī : Siyar aʿlām an-nubalāʾ . Ed. Shuʿaib al-Arnaʾūṭ and Ḥusain al-Asad. Muʾassasat ar-Risāla, Beirut, 1982. Vol. X, pp. 5-98. Digitized

Secondary literature

• Paul-Richard Berger:  Safiʿi. In: Biographisch-Bibliographisches Kirchenlexikon (BBKL). Volume 8, Bautz, Herzberg 1994, ISBN 3-88309-053-0 , Sp. 1172-1176.
• E. Chaumont: Art. " Al- Sh āfiʿī" in The Encyclopaedia of Islam. New Edition . Vol. IX, pp. 181a-185a.
• Wael B. Hallaq : "What was al-Shafiʿi the Master Architect of Islamic Jurisprudence?" in International Journal of Middle East Studies 25 (1993) 587-605. Reprinted in Hallaq: Law and Legal theory in Classical and Medieval Islam . Aldershot 1995.
• W. Heffening: "al- Sh āfiʿī" in Enzyklopädie des Islam Vol. IV, pp. 271a – 273a. Digitized
• Henri Laoust : "Šâf'î et le kalâm d'après Râzi" in Recherches d'islamologie: Recueil d'articles offert à Georges C. Anawati et Louis Gardet. Louvain: Editions Peeters 1978. pp. 389-401.
• Joseph Lowry: Early Islamic Legal Theory. The Risāla of Muḥammad ibn Idrīs al-Shāfiʿī . Leiden 2007.
• George Makdisi: "The Juridical Theology of Shâfiʿî. Origins and Significance of Uṣūl al-fiqh " in Studia Islamica 59 (1984) 5-47. - Reprinted in George Makdisi: Religion, Law and Learning in Classical Islam Hampshire 1991.
• Stephennie Mulder: “The Mausoleum of Imam Al-Shafiʿi.” in Muqarnas 23 (2006) 15-46.
• Fuat Sezgin : History of Arabic Literature. Volume I, Brill, Leiden 1967, pp. 484-490.
• Ferdinand Wüstenfeld : "The Imâm el-Schâfi`í, his students and followers up to the year 300 dH" in treatises of the Royal Society of Sciences in Göttingen 36 (1890) 1–105. Available online here: http://eudml.org/doc/135917

Individual evidence

1. ↑ Cf. Chaumont: Art. " Al- Sh āfiʿī". Vol. IX, p. 182a.
2. ↑ Cf. Chaumont: Art. " Al- Sh āfiʿī". Vol. IX, p. 182b.
3. ↑ aḏ-Ḏahabī: Siyar aʿlām an-nubalāʾ . 1982, Vol. X, p. 58.
4. ↑ Heffening: “al- Sh āfiʿī” in EI1 . Vol. IV, p. 271.
5. ↑ Cf. Chaumont: Art. " Al- Sh āfiʿī". Vol. IX, p. 182b.
6. ↑ Cf. Sezgin: History of Arabic literature. Vol. I, pp. 484f.
7. ↑ See Sezgin 486.
8. ↑ See Sezgin 488.
9. ↑ See Makdisi 6.
10. ↑ Sezgin 488f has nine comments.
11. ↑ See Makdisi 9.
12. ↑ See Lowry 23f.
13. ↑ Cf. Sezgin: History of Arabic literature. 1967, pp. 486-488.
14. ↑ See Makdisi 20.
15. ↑ See Sezgin 486.
16. ↑ Cf. Makdisi 20f.
17. ↑ Cf. Makdisi 10, 12f.
18. ↑ See Makdisi 30–32.
19. ↑ Cf. al-Maqrīzī: al-Mawāʿiẓ wa-l-iʿtibār bi-ḏikr al-Ḫiṭaṭ wa-l-āṯār . Ed. M. Zaynihim, M. aš-Šarqāwī. 3 vol. Cairo 1998. vol. III, p. 692 f.
20. ↑ See Makdisi 6.
21. ↑ See Makdisi 41.
22. ↑ Cf. Makdisi 17f.