A distinct IsmailiÌýsystem of jurisprudence was founded after the establishment of theÌýFatimidÌýdynasty in North Africa. The pre-Fatimid IsmailisAdherents of a branch of Shi’i Islam that considers Ismail, the eldest son of the Shi’i Imam JaÊ¿far al-á¹¢Ä�diq (d. 765), as his successor. were preoccupied in various parts of the Abbasid Empire with missionary activities, promising the advent of the expected messianic figure calledÌýMahdiÌýandÌýQa’imÌýwho would restore justice and equity. Toward this goal, they developed a highly sophisticated gnostic system of thought, wherein theÌýbatiniÌý(esoteric) sciences were more emphasised than theÌýzahiriÌý(exoteric) sciences. Law not only belonged to the latter category but also had very little practical use until the Ismailis had not obtained political power. Hence, it was not a priority at that stage. This, however, does not mean that they completely neglected law. The early Shi‘i communities, especially theÌýImamis, shared a common heritage with each other up to the death ofÌýImamÌýJa‘far al-Sadiq in 148 AH/765 CE. Thus, they shared certain rituals and practices that had evolved until then. Recent scholarship has demonstrated thatÌýImamÌýMuhammad al-Baqir played a major role in the shaping of Shi‘i jurisprudence (Lalani, pp. 114-Â26), which became crystallised during the time of his sonÌýImamÌýJa‘far al-Sadiq and was known asÌýmadhabÌýAhl al-BaytÌý(rite of jurisprudence from the family of the Prophet). It should be also noted that both the Ismailis and theÌýImamisÌýconsiderÌýImamÌýMuhammad al-Baqir and his sonÌýImamÌýJa‘far al-Sadiq as the founders of their respective systems of law, because most of the traditions inÌýQadiÌýal-Nu‘man’sÌý¶Ù²¹â€˜a’i³¾ al-IslamÌýand Abu Ja‘far Muhammad Kulayni’sÌýKitab al-kafiÌýare traced back to these Imams. This school of jurisprudence was not in favour ofÌýra’yÌý(personal opinion) orÌýqiyasÌý(analogical deduction), both of which prevailed in the contemporary circles of the Sunni juris-consultsÌý(faqih).ÌýThe Ismailis shared certain ritualistic features with other Shi‘i, such as the wiping of the feet in ablution, sayingÌýbasmalaÌý(i.e., the formulaÌýBe’sm Allah al-rahman al-rahim)Ìýaloud in recitation of the Qur‘an and during obligatory prayers, and addition of the formulaÌýhayya ‘ala khayr al-‘amalÌý(come to the best of work) in the call to prayerÌý(adhan;ÌýLalani, pp. 120-24).
Soon after his triumphant entry intoÌýQayrawanÌýin 296 AH/909 CE, Abu ‘Abd Allah al-Shi‘i, a major FatimidÌý»å²¹â€˜iÌýwho was instrumental in the founding of the Fatimid dynasty, appointed Muhammad b. ‘Umar Marvazi, a local Shi‘i figure, as judge (Qadi).ÌýMarvazi imposed strict adherence to the above Shi‘i rituals and legal practices. Moreover, he ordered the omission ofÌýal-salat khayr men al-nawmÌý(prayer is better than sleep) from the morning call to prayer and prohibited theÌýtarawihÌýprayers led by a mosqueÌýimamÌýduring the month ofÌýRamadan. In the Friday sermon (khutba) he added the blessings (salat)Ìýon Imam ‘Ali, bibi FatimaDaughter of the Prophet Muhammad and his first wife, KhadÄ«ja bint Khuwaylid. Also wife of Ê¿AlÄ« b. AbÄ« ṬÄ�lib and mother of al-Ḥasan and al-Ḥusayn., Imam Hasan, and Imam Husayn immediately after the blessings on the Prophet. He also issued an order forbidding jurists to give legal opinions except according to the Shi‘i madhabÌý(school), declaredÌýtalaq al-battaÌý(irrevocable divorce) invalid, and upheld the right of a daughter to inherit the whole of her father’s estate, to the exclusion ofÌý‘asabaÌý(agnates), in the absence of a son (Ibn al-Haytham, pp. 64-67; Maliki, II, pp. 41, 55-56, 60-Â62; Ibn ‘Izari, I, pp. 151,159,173).
Unfortunately, we have no information about legal compositions of Marvazi or his immediate successors in the office ofÌýqada’ÌýIfriqiyaMediaeval Muslim name for modern-day Tunisia; also the area where the Fatimids founded their state in the early tenth century..ÌýOne can only surmise that some of those judges might have written law manuals hoping that their works would be recognised officially. Even if they did, their works were overshadowed by those ofÌýQadiÌýal-Nu‘man and soon fell into disuse and were lost.
QadiÌýal-Nu‘man, an Ismaili Shi‘i fromÌýQayrawanSee Kairouan, entered the service of the Fatimid dynasty at an early age and served in various capacities the first four caliphs consecutively for over half a century, from 312AH/924 CE until his death in 363AH/974 CE. He was commissioned by the fourth imam-caliphÌýal-Mu‘izzÌýal-Din-Allah (r. 341-65 AH/953-75 CE) to compose theÌý¶Ù²¹â€˜a’i³¾ al-Islam,Ìýhis magnum opus, which was officially promulgated as the Fatimid code. He is, therefore, rightly regarded by the Ismailis as the one who propounded their law.ÌýQadiÌýal-Nu‘man had also composed several legal works based on theÌýmadhabÌýof theÌýAhl al-Bayt. In his first and voluminousÌýKitab al-izah,Ìýwhich has reached us in abridged versions, his efforts were directed to the collection and classification of a vast number of legal traditions transmitted from the family of the Prophet. He compiled this work from all the available sources. This early and massive work consisting of 3,000 folios could be seen as an attempt byÌýQadiÌýal-Nu‘man to lay the foundation on which Ismaili law could then be built. Consequently, he made several abridgments of theÌýKitab al-izah,ÌýnamelyÌýKitab al-akhbarÌý(orÌýal-ikhbar), Mukhtasar al-izah,Ìýal-Urjuza al-muntakhaba,ÌýKitab al-iqtisar,ÌýandÌýKitab al-ikhtisar (orÌýMukhtasar al-athar,ÌýorÌýIkhtisar al-athar).ÌýIn addition to those legal texts, he also wrote refutations of the Sunni schools of jurisprudence and their founders, such as Malik b. Anas, Abu Hanifa, and Shafi’iÌý(for the chronology of these works and the development of Nu‘man’s thought, see Poonawala, 1996, pp. 119-24). In hisÌýIkhtilaf usul al-madhahibÌý(p. 22),ÌýQadiÌýal-Nu‘man cites the decree ofÌýImamÌýal-Mu‘izz al-Din-Allah, wherein he is instructed by the latter about the roots of jurisprudence. It states that, in issuing his legal decisions,ÌýQadiÌýal-Nu‘man should first follow theÌý²Ï³Ü°ù’a²Ô, next, the tradition (sunna)Ìýof the Prophet, and for what is not found in either of them he should turn to theÌýmadhabÌýof the Imams from the family of the Prophet. If something still remains doubtful and difficult to resolve, he should refer the matter to theÌýImam. In hisÌýKitab al-iqtisarÌý(p. 167) andÌýKitab al-ikhtisar,ÌýQadiÌýal-Nu‘man proposes the same principles for issuing legal decisions and rejectsÌýra’yÌýandÌýqiyas.
TheÌý¶Ù²¹â€˜a’i³¾,Ìýaccording to Imad-al-Din Idris (d. 872 AH/1468 CE), a Musta‘li-TayyibiÌý»å²¹â€˜iÌýand a historian, was closely supervised by the Caliph-Imam al-Mu‘izz himself (Idris, p. 44). The work follows the general pattern of law manuals and is divided into two volumes. The first deals with the acts of devotion and religious observances (‘i²ú²¹»å²¹³Ù)Ìýwhile the second with laws pertaining to human interactions (mu‘amalat).ÌýQadiÌýal Nu‘man states on the authority ofÌýImamÌýJa‘far al-Sadiq that Islam was founded on seven pillars, that is,ÌýwalayaÌý(devotion to the imamIn general usage, a leader of prayers or religious leader. The Shi’i restrict the term to their spiritual leaders descended from Ê¿AlÄ« b. AbÄ« ṬÄ�lib and the Prophet’s daughter, Fatima.),ÌýtaharaÌý(ritual purity),ÌýsalatÌý(prayers),ÌýzakatÌý(charitable giving),ÌýsawmÌý(fasting in the month ofÌýRamadan),ÌýhajjÌý(pilgrimage to Mecca), andÌýjihadÌý(holy war).ÌýWalaya,Ìýthe corner-stone of Ismaili faith, embodies the doctrine of theÌýimamateÌýthat lies at the basis of Shi’ism, andÌýQadiÌýal-Nu‘man transformed it into a dynamic principle after the establishment of the FatimidÌýcaliphateThe Muslim political institution or state centred around the caliph, which came to an end, historically, in 1924 with the disappearance of the Ottoman Empire.. It is considered the highest and the noblest of the seven pillars, without which no human acts of devotion and worship are acceptable to God. It should be noted that, unlike with the Ismailis,ÌýwalayaÌýdid not become part of the Imami legal works. TheÌý¶Ù²¹â€˜a’i³¾Ìýwas therefore the first juristic text to giveÌýwalayaÌýa legal status in Islamic law. For the Ismailis and the newly founded Fatimid dynasty, it was not merely a religious belief but was the very basis of their claim to the political leadership of the Muslim community. In the chapter onÌýjihad,ÌýQadiÌýal-Nu‘man included the ‘ahd (a command document) ascribed toÌýImamÌý‘Ali b. Abi TalibÌý(¶Ù²¹â€˜a’i³¾, tr., I, pp. 436-56), which dealt with the ruler’s conduct with his subjects. This document, according to Wadad Kadi (p.104), represents the Ismaili theory of the state.ÌýTahara,Ìýwhich implies physical and spiritual purification and is a necessary requirement for the valid performance of prayers, was raised byÌýQadiÌýal-Nu‘man to the status of an independent pillar (di‘ama,Ìýpl.Ìý»å²¹â€˜a’i³¾).
TheÌý¶Ù²¹â€˜a’i³¾,Ìýas a law manual, addresses matters of substantive law, hence,ÌýQadiÌýal-Nu‘man restricted the authorities toÌýImamÌýJa‘far al-Sadiq and his predecessors. In this work he does not deal with the day-to-day running of the state, where the ultimate authority was the rulingÌýImam. The sources of law, according toÌýQadiÌýal-Nu‘man, are theÌý²Ï³Ü°ù’a²ÔMuslims believe that the Holy ²Ï³Ü°ù’a²Ô contains divine revelations to the Prophet Muhammed received in Mecca and Medina over a period of 23 years in the early 7th century CE. More, the tradition (sunnaCustom or practice; particularly that associated with the exemplary life of the Prophet Muhammad, comprising his deeds and utterances as recorded in the ḥadÄ«th.)Ìýof the Prophet, and the teachings or rulings of the Imams. The major differences with Imami (Twelver Shi‘i) law are thatÌýQadiÌýal-Nu‘man admitted the prohibition of temporary marriageÌý³¾³Ü³Ù‘a,Ìýand the introduction of a fixed calendar rather than sighting the new moon for the beginning and end ofÌýRamadanÌý(¶Ù²¹â€˜a’i³¾,Ìýtr., I, p. 339 , II, p. 214). TheÌý¶Ù²¹â€˜a’i³¾Ìýis considered by the Musta‘li-Tayyibi Ismailis as the greatest authority on their law and has remained until today a source of supreme authority for them in legal matters.
Ibn Killis (d. 380 AH/991 CE),ÌývizierÌýof the Imam-caliph al-‘Aziz, is credited to have composed a legal work based on the pronouncements ofÌýImamÌýal-Mu‘izz andÌýImamÌýal-‘Aziz (r. 365-86 AH/975-96 CE), but the work did not survive. AfterÌýQadiÌýal-Nu‘man, there was no significant development in Ismaili law either during the remainder of the Fatimid rule in Egypt or in Yemen, where the Musta‘li-Tayyibi community survived for the next four centuries after the fall of theÌýFatimidsÌýin Egypt (567 AH/1171 CE) and theÌýSulayhidsÌýin Yemen (532 AH/1138 CE). It was in India that the works ofÌýQadiÌýal-Nu‘man were glossed. Aminji b. Jalal (d. 1010 AH/1602 CE), an eminent jurist, deserves special mention in this respect. HisÌýKitab al-su’al wa’l-jawabÌý(Majdu‘, pp. 37-38) is an interesting collection of legal questions and their answers. Another noteworthy work is the anonymousÌýKitab al-su’al wa’l jawab al-masa’ik al-Hind ma‘ al-hawashi men kutub al-Qadi al-Nu‘manÌý(Majdu‘, p. 37) , which consists of questions put to the contemporaryÌý»å²¹â€˜isÌýand otherÌýda‘waÌýdignitaries and the answers given by them. In addition, it contains extensive excerpts from the works ofÌýQadiÌýal-Nu‘man that have not survived, especiallyÌýKitab al-izahÌýandÌýMukhtasar al-izah. Another anonymous work worth mentioning isÌýTaqwimÌý(orÌýTaqawim)Ìýal-ahkamÌý(Majdu‘, pp. 36-37), wherein various topics in law concerning what is permitted and what is forbidden are arranged in a novel way. All the latter three works reiterate thatÌýra’yÌýandÌýqiyasÌýare not permitted. Hence, they give answers to the questions posed in the form of a ruling, however, without going into the details of methodology as to how the authorities arrived at those answers.
One can thus conclude that Ismaili jurisprudence began withÌýQadiÌýal-Nu‘man and ended with him. Before him, there was no distinct Ismaili jurisprudence, and after him there was no significant development except glosses, repetition, and restatement.
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