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Contribution of India to Fiqh Literature in Arabic Upto 1857

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Contribution of India to Fiqh Literature in Arabic Upto 1857 CONTRIBUTION OF INDIA TO FIQH LITERATURE IN ARABIC UPTO 1857 ABSTRACT THESIS SUBMITTED FOR THE DEGREE OF Bottor of $I)ilo£iopi)? IN ISLAMIC STUDIES BY ZIAUDDIN Under the Supervision of Dr. ZAFARUL ISLAM r5^43r READER DEPARTMENT OF ISLAMIC STUDIES ALIGARH MUSLIM UNIVERSITY ALIGARH (INDIA) 2000 CONTRIBUTION OF INDIA TO FIQH LITERATURE IN ARABIC UPTO 1857 ABSTRACT , SUBMITTED FOR THE DEGREE OF ^\ IBottot of 1^^0609^ i / I ISLAMIC STUDI£S <x- ZIAUDDIN UiHltr the Supervision of Dr. ZAFARUL ISLAM READER DEPARTMENT OF ISLAMIC STUDIES ALIGARH MUSLIM UNIVERSITY ALIGARH (INDIA) 2000 'mm HCfSl yb • »£< AsyJ?-i 2 ? * sTol l R ^' *4 M at B a ' • • 3 •< " nf S if* - Wti - ••' ••• ** ^2sr oFia siitiA m mrfmmu ll|c^tiM|;»• B*^ -If Bte0^ m •?^rt?ys%iiP^§fl§!»T^a vjgf^-MifJiJ^s I r / r w^m» 09^5^: ABSTRACT Fiqh was one of the most important subjects of Islamic learning during Muslim rule in India which is generally known as c Medieval India. The Ulama of the period took special interest in this subject as most of them who came from different parts of Central Asia were jurists. Secondly, learning of Fiqh was considered important for seeking nearness of sultan or getting some administrative posts. So it formed a popular branch of learning for teaching as well as writing books. On the other hand, the rulers of that period especially the early Sultans showed interest in the promotion of this science either under the influence of the Ulama of their court or due to administration requirement. They patronized and encouraged particularly those Ulama who contributed to Islamic jurisprudence through teaching and writing. The Madaris or institution of Islamic learning came to be established under the state's patronage from the very early period of the Muslim rule in India and their number continued to increase with expansion of the Muslim rule. Islamic jurisprudence formed essential part of the curriculum of Madaris of those days India. The present thesis is a humble attempt to assess the contribution of the Indian Ulama and Scholars in the field of Arabic Fiqh literature. The production of a large number of Fiqh works included the general works of Fiqh, Fafan/a-collections, work on issues relating (I) to socio-religious and economic life, penal matters, school of Fiqh, TaqlTd, ijtihad, ifta and judicial administration. A considerable part of the Fiqh literature produced by the Indian Ulama consisted of Shuruh and HawashT (commentaries and marginal notes) of those works which formed part of the curriculum or widely studied by the students and teachers of the period. Similarly a number of Rasail (treatises) were written in those days which explained the important issues of socio-religious life or reflected different controversial issues among the Ulama. Some of the contemporary problems discussed in the Fiqh works of those days may be mentioned as recitation of the Persian version of the Quran in prayer, use of Persian sentences for Nikah and Talaq, legal position of tiindus, spiritual recital with music, action against corrupt officials, use of Hundi, different intoxicating items including opium, employment under non-Muslims, financial desling with Englishmen, marriage between Sunni and Shia, learning of English and Science etc. The present thesis is divided into four major chapters along with resume, glossary, bibliography and Index. The main contents are as follows: Chapter-I : Development of figh literature in India - A Historical Survey Chapter-ll : Classification of the Indian Arabic works on Fiqh (11) Chapter-Ill : Critical Analysis of the important Works Chapter-IV : A Case Stud"/o1 Al-Fatawa Al-Tatarkhaniyah Providing a brief information about the development of Fiqh in early period, the first Chapter basically highlighted the development of Fiqh literature in India. It gives the main causes for popularity of Islamic jurisprudence and for the great interest in compilation of Arabic Fiqh works. In this respect the contribution of Ulama, the encouragement and patronage of rulers of the Delhi Sultanate and Mughal Empire and later Mughal period were mainly highlighted. Though the main emphasis was given to Arabic Fiqh literature, some important Persian Fiqh works were also taken into account. The nature of the work of the Indian Ulama was also explained. In this way the first chapter gives a general idea about the development of Fiqh literature in medieval India. The second chapter is basically a bibliographical study of the Arabic Fiqh works produced in India. After classification of the work into different parts in accordance with the subject, it gives the name of the work/ compiler, date of his death and that of compilation, details about publication, date, of scribing (in case of manuscripts), number of folios and pages. Libraries, Institutions and private collections (where the work is available in (III) any form) and its reference in contemporary and modern sources have been also traced out. In the third chapter works were selected for critical analysis on the basis of its importance as well as the nature of their contents. Before examining the contents, the biographical sketch of its author/ commentator is given and details are provided about the family background, education and academic achievement especially in the field of Fiqh. The chapter evaluates the main contents of the important works and shows their importance from juridical point of view. It also examined their discussion about the contemporary problems. The fourth chapter is a comprehensive study of four available volumes of published edition of Al-Fatawa Al- Tatarkhaniyah. This chapter gives a brief introduction to the compiler and provides details about its compilation, manuscript and publication. Similarly the sources of the Fatawa were also introduced briefly. The chapter critically examines the different selected chapters of this Fatawa in the light of their contents and shows how the compiler discussed the problems in a detailed way and took into account the subsidiary issues in a comprehensive manner. For the present thesis I tried my best to collect informations from contemporary as well as modern sources. I mainly collected (IV) material from Khuda Bakhsh O.P. Lirbary, Patna and Manuscript Section of Maulana Azad Library, AMU, Aligarh, Research Library, Department of History, AMU, Library of Department of Theology AMU, and Library of the Institute of Islamic Studies, AMU, Aligarh. Lastly it may be stated that very useful informations about Fiqh works are provided by Maulana Abdul Hai in his work al- Saqafat al-lslamiyah fi'l-Hind and Nuzhat al-Khawatir, Ishaq Batti in Fuqaha-i-Hind and Dr. Zubaid Ahmad in his well-known work "Contribution of India to Arabic literature". Some other works of the same nature also appeared in the last part of 20'^ century such as ArabT Zaban wa Adab Ahd-i-Mughliyah mein (Dr. Shabbir Ahmad Qadirabadi), Arabi Adab mein Hidustan ka Hissah (Shams Tabrez Khan), Arabi Adab mein Awadti ka Hissa (Dr. Masud Anwar AIwi). But all these works could not provide a clear picture of the development of Arabic Fiqh literature in India. In view of this situation my thesis - a themitical study and critical analysis of the Indian Fiqh works may be considered of great importance and it would, of course, give impetus to further study on contribution of India to the Fiqh literature. (V) CONTRIBUTION OF INDIA TO FIQH LITERATURE IN ARABIC UPTO 1857 THESIS SUBMITTED FOn THE DEGRH OF Bottor of ^Ijiiolopllp ISLAMIC STUDIES \ ZIAUDDIN Undtr the Supervision of Dr. ZAFARUL ISLAM READER DEPARTMENT OF ISLAMIC STUDIES ALIGARH MUSLIM UNIVERSITY ALIGARH (INDIA) 2000 ^^&^^ CHK;i2P-20Qi. ^SK if mmM m wmmmwm xmi mmi mi (^1 •lai^i T5435 m t^'f ACC.HO. .. ^6 WfvR Phones:401131 Ext.. 221 Int. Telex ; 564—230 AMU IN Fax: 0571—400105 PRO Off. DEPARTMENT OF ISLAMIC STUDIES ALIGARH MUSLIM UNIVERSITY ALIGARH—202002 (INDIA) CERTIFICATE This is to certify that the thesis entitled "Contribution of India to Fiqh Literature in Arabic upto 1857" is an original research work done under my supervision. The thesis is suitable for submission for the award of the Ph.D. degree in Islamic studies. Date: 26.07.2000 Zafarul Islam (Supervisor) co^'PE^^rs TransCiteration jASSreviations Preface Introduction 1-15 Cfiapter-J: (Devefopment of TiqH fiterature in Incfia - 16-47 J? 7{istorica[Survey J[. (DeCdi SuCtanate (B. MugHaC'Empire C- Later 'MughaCperiod Cfia-pter-II: Cl^assification of tlie Indian 'JlraSic Wor^ on Tiqh 48-127 ji. Originaf wor^s (B. Commentaries and ^Annotations (fiapter-III: C^iticafJinaCysis of the Important Wor^s 128-214 Jl. Manuscripts (B. (puSCished Wor^s CJiapter-II^: ^ Case Study ofjU-Tatdwd aC-Tdtdr V^ddniyafi 215-230 (Resume 231-235 gCossary 236-242 (BiSCiography 243-258 Inde^-I ((Boo^s si Treatises) 259-272 Indeyi-II (Jiutdors ei Commentators) 273-281 Transliteration S a L;^ z a U^ Jp t b Ji z t <; s L gh 7' i L f ch >J ij q c h J k c kh d of g L z J m r r z j n zh 5 u/w s 0 h 6 jr- sh Abbreviations AH.L. Fihrist kutub Makhzunah kutubkhanah Sarkar-i- 'Ali, Hyderabad. (/^5,|iydy UbrSry) c Abjad Abjad al-Ulum. c _ Adab mein Hindustan Arabl Adab mein Hudustan ka Hissah. c _ Adab mein Awadh Arabi Adab mein Awadh ka i-iissah. Akhbar Akhbar al-Akhyar. c Arab! Adabiyyat Arabi Adabiyyat mein Pak-o-Hind ka Hissah. c Arabi Zaban Arabi Zaban-o-Adab Ahd-i-IVIughliyah mein. Catalogue of the Arabic Books and Manuscripts A.S.B. in the library of the Asiatic Society of Bengal. Taaruf Makhtutat Kutubkhanah Darul Ulum D.U.L. Deoband. D.M.L Darul Musannifin Library, Azamgarh.
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