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Turuq Al-Hukmiyya Fi'l-Siyäsa Al-Shar`Iyya Hisba Chapter of Imäm

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Turuq Al-Hukmiyya Fi'l-Siyäsa Al-Shar`Iyya Hisba Chapter of Imäm P¢ F OF ýýýý ý46ý0ýwqº-ýº ý- ý1S ý Critical Study and Edition of Al-Hukmiyya Al -Turuq fi'l-Siyäsa al-Shar`iyya Hisba chapter Of Mffl B,7, & In Imäm Shams al-Din b. Muhammad b. Abü Bakr UIA Ibn Qayyim al-Jawziyya (IQJ) wýAMmin 121 Ed BY Flälm `ABD AL-HAMID K. M. H. AL-SHAIJI .. 12AFull Ku PART ONE 0 A THESIS SUBMITTED IN FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY In the Department of Theology and Religious Studies University of Wales Lampeter 2001 680008348 X IwI11111lull llllHIlllllI llll DEDICATION To my parents, For their optimism, support and constant supplication, May Allah grant them both Jannat ul Firdous. Amin. II ACKNOWLEDGEMENTS All praises be to Allah the Almighty who by his grace I was granted a valuable opportunity to embark upon this research, a task which could not have been accomplished without His help. My first and foremost thanks are for Him. From the academic staff of the University of Wales Lampeter (UWL), I would like to first thank my supervisor Dr. Mawil Izzi Dien for his generous support and sincere assistance throughout the research period. His invaluable advice and important suggestions were of great help, not only to complete the research but also to guide me in the right direction during my new life in this foreign country. Many thanks also due to Dr. Dawoud Al-Alami for the constant help and generous support he had offered during all the stages of the research. Also, I would like to thank Prof. N. Robinson for his assistance whenever was needed. Ms. Jayne Chaplin, Of the non-academic staff of UWL, I would like to thank, Secretary Secretary of the Centre for Islamic Studies and Mrs. Marlene Albert, of the Academic Department of Theology, for the help they provided. The staff of the Computer. Services at UWL also deserve my gratitude for keeping up healthy facilities friendly at all times. Thanks also should go to all the staff of the UWL library for their Kathy Miles from co-operation throughout my stay in the university, especially Ms. the Inter-Library Loan section, for obtaining all my outside materials. I would also Department Theology like to take this opportunity to thank all my colleagues in the of and Religious Studies, whom I spent a very pleasant and unforgettable college life with. By their prayers to God I was relieved at times from study pressure. I am also very indebted to Dr. Fayza Al-Khurafy, Director of Kuwait University for granting me the opportunity to study abroad and for giving tremendous support, which I needed to complete my research. Special thanks also due to the Kuwaiti Embassy in London and all the staff in the Kuwaiti Cultural Bureau for their very TH helpful attitude towards all the Kuwaiti students in the UK including myself. They truly provided what ever was needed to successfully complete my research and their support for me in settling any trouble I faced while studying at the university will never be forgotten. In Kuwait I thank my University, Kuwait University, and all the staff in the Faculty of Theology for their kind help. Special thanks to the academic staff in the Department of Islamic Invitation (Al-Da`wa). I am also indebted to Prof. Abdulrazzaq K. M. Al-Shaiji, Shari'a College Kuwait University, Assistant Dean of the at whom without his support for the decision of my study abroad, this research would not be a reality. I was also splendid with his useful advice from the very first step. I deeply Last but not least, am thankful to my brothers Dr Abdulrazzaq, Omar and Abdulsalmm and my brothers in Islam, Ahmed al-`Anizi, Ahmed al-`Awadi, YusufBimo, Wael All, Surkhl Sharif, All Durini and his family, Ahmed Izzidin, Abdulrahim Green, Harun, Walid, Asif Sherif, Adam Midi, Dr. AdbulHamid, Dr. Mahmild Al-MashhadAmi, Sa'd Abu 'UbAda Special for and . thanks to my wives their support, patience and endurance, and to my children who were my sources of inspiration. My thanks are also due to my family and friends in Kuwait and U. K who always remembered me in their prayers. TV TABLE OF CONTENTS Acknowledgements Table of Contents Method of Transliteration Abstract Introduction Chapter One : Political, Religious and Social Climate Prevalent at the time of Influence Ibn Qayyim al-Jawziyya (IQJ) 1-23 1.1 Introduction 2 1.2 Political Environment 3 1.3 Religious Environment 16 1.4 Social Environment 18 Endnotes 20 24 46 Chapter Two: Ibn Qayyim al-Jawziyya's Scholastic Endeavour - 2.1 His Name and Reknown 25 2.2 His Early Years 26 2.3 His Scholastic Lifc 27 2.4 His Studies 27 2.5 IQJ's Teachers And Tutors 28 2.6 His Students 29 2.7 The Scholars' Praies For Him 31 2.8 His Literary Technique 33 2.9 His Character and Faith 35 2.10 IQJ's Achievements 37 V Endnotes 43 Chapter Three: Hisba Public Duties in Islam 47-74 3.1 Hisba in Arabic 48 3.2 The Nature and Aims of IHisba 49 3.3 Al-Ma `rUf and Al-Munkar :A linguisic perspective 55 3.4 Hisba in Islamic Legal Terminology 56 3.5 The Tnstitution of FTisha 62 3.6 The Origin of the office and the duties of the Muhtasib 69 Endnotes 72 Chapter Four: Ibn Qayyim al-Jawziyya's perspective on Hisba 75 - 96 4.1 The Author's methodology of 1Yisba 75 4.2 Required Characteristics of the Muhtasib 78 4.3 The Jurisdiction of the Muhtasib 82 Endnotes 94 Chapter Five A focus Upon Ibn Qayyim al-Jawziyya's of manuscript 97 - 112 5.1 Introduction 98 5.2 IQJ'sMethodology of Critical analysis 99 5.3 Sources of IQJ's works 102 5.4 Copies 106 Endnotes 112 VT Appendices i. A glossary of Arabic terms used in the manuscript; ii. A glossary of a selection of Scholars mentioned in the manuscript; iii. Sumniarics of all fivc chaptcrs; iv. A map of the Mamlük territory; v. A list of Sultans who reigned at the time of IQJ; vi. Copies of manuscripts; Bibliography ViT Method of Transliteration The following system has been employed in transliterating the Arabic words and names used in the text. c'jZ f yb O" Sýq Ü t Ox sh Jk } Li th Lýlm J1 L):. dzm ýh .btyn t kh 1. Z DA h d t, .1 i w L dh gh L. y i r Long Vowels: ºä Short Vowels: _a Jni i u c5 _ý for -The Arabic Muslim names have generally been transliterated except those untransliterated names which have already been used in English literature, such as Islam and Sunna. ignored it is in beginning -The hamza was when maftnh or maksür the of words such as, Ahmad, Ansär and Amwäl; also Isläh and Ilbäs. -The definite article "al" is generally written, even though when it is used prior to sun letters and after vowels, e.g. al-shams ( not ash-shams). However, (wa al-) is written as (wa'l-) and (Ii al-) is written as (li'l) and (fi al) is written as (fi'l). VIII Abstract The perspectives on the Islamic institution of Hisba are varied and sometimes controversial. The relationship between this mechanism, the Muslim faith and the practicalities of the everyday life is complex and more far-reaching than many scholars have acknowledged. The current capitalist trend is perhaps largely responsible for contemporary social upheaval and a rising crime rate. Due to enormous leaps in the progress of science and technology, social disharmony can manifest itself in much more threatening ways than was possible in previous centuries. This study has perhaps evolved in response to a state of affairs that appears to have become divorced from both spirituality and the addressing of real issues The research sheds light on the stabilising characteristics of hisba and gains insight into the positive IQJ1 outcomes of its application. Via the studying of the famed scholar and jurist who lived and worked from 691 AH/1293 CE to 751 AH/1350CE. His work THZ specifically illuminates the doctrine of Islam and its inseparable link with hisba, outlining in precise and comprehensive detail the benefits to the Muslim nation of a correct implementation of justice and the indisputable efficiency of the philosophy of enjoining good and proscribing evil. The study is divided into two parts, the second part involving research of an original manuscript dated 797 AH written by IQJ. Part one contains an introduction, 5 chapters and 4 appendices. The first chapter offers a historical background to the potential, religious and The social climate at the time of the author. second examines the name and fame of the author, his specific family environment, his academic life, the tutors who 1 It means Ibn Qayyim a1-Jawziyya. 2 Its mean al-Turuq al-Hukmiyya the title of the manuscript. DC influenced his study and the students who benefited from his knowledge. Chapter Three attempts to define the Islamic term `Hisba', examining the various connotations and derivations of the expression. This chapter looks at the nature and aims of Hisba in Islamic law and a brief introduction to the role of the Muhtasib. In Chapter four, the methodology of IQJ is discussed in some detail, his philosophy of Hisba and his concept of the prerequisites and role of the Muhtasib are closely examined. Chapter Five focuses on IQJ's manuscript TH, discussing the researcher's reasons for its choice and elaborating on the style and content of the document.
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