The Study of the Novel Al-Mabsut by Imam Ahmad Al-Sarakhsi and Its Importance Today

Journal of Critical Reviews

ISSN- 2394-5125 Vol 7, Issue 11, 2020

THE STUDY OF THE NOVEL AL-MABSUT BY IMAM AHMAD AL-SARAKHSI AND ITS IMPORTANCE TODAY

Mirjalol Qosimov1

1PhD Student, “ISESCO Chair for Islamic Studies and Learning Islamic Civilization”, International Islamic Academy of Uzbekistan.

Received: 05.04.2020 Revised: 12.05.2020 Accepted: 03.06.2020

Abstract This article deals with the history of the writing of Mabsut by Abu Bakr Muhammad ibn Ahmad Sarakhsi, a scholar of the Hanafi school of Islamic jurisprudence known as Shamsulaimma; the author’s style, the book’s importance in the Hanafi school, its definition, its confessions by other scholars, and the financial and property relations in it. In particular, the issues in the Book of Guarantees mentioned in Volume 20 of this work have been studied and supported by verses from the Qur'an, hadiths and intellectual evidence. The article also describes how he studied the warranty issues in the warranty book. In particular, Sarakhsi in his time pointed out that it is possible to deal with the issuance of a power of attorney instead of money, and through this to conduct trade operations. Based on this information, conclusions are given at the end of the article. Keywords: Sarakhsi, Mabsut, Abu Hanifa, Hanafi School, Islamic Finance, Traders, Power of Attorney.

INTRODUCTION ancestors to the present day. In this regard, the life and work of Today’s recognized sociologists, philosophers; humanity is Imam Sarakhsi are as important as ever [1, p. 56]. experiencing a new change in its history in the XXI century - the revolution. Our era is called the age of the information THE MAIN PART revolution, along with such drastic changes in human It is known that the democratic society of Uzbekistan is first of all development as the agrarian revolution, the industrial a product of secularism, its laws and the rules of the society. revolution. You don’t have to prove it too much. Everyone is now Without denying this, in our country, where more than 90% of accustomed to the fact that information has become a source of the members of society are Muslims, the issues identified by income. The diversity of sources and types of information and its Islam within the framework of individual will and freedom is speed are changing the minds of entire strata of society. In this widely used by our people. For example, the issue of dowry in century, it has become easier and more effective to organize an marriage, the issue of inheritance [7,8,9]. information attack than when one country launches an armed attack on another. In such a situation, it is natural that there will Today, it is becoming a tradition for people to sign agreements be changes in the core of national and religious values. If on Islamic finance. For example, we can cite mudoraba, yesterday we were amazed by the popular culture in the Western musharaka, murababa agreements as examples. It is important to world, the morality in the veil of individual freedom, it is no make such agreements based on the solution of historical works secret that today such vices permeate the life of Eastern that are recognized in a timely manner. From the same point of countries. In an era of global problems, global information, to be view, Imam Sarakhsi's Mabsut is an important source. It is known more precise, members of an informed society are aware of that Mabsut wrote the work orally from the memory of his everything today. Information, on the other hand, is more disciples in the prison of Shamsulaimma Sarakhsi. Nevertheless, dangerous than a disease or an atomic bomb, and it is almost in this source, the scientist has explained every issue to the impossible to recover what has been damaged by it. This is smallest detail, so the conditions he quoted can still be used because the material damage caused by the atomic bombs today without any difficulty. dropped on the cities of Hiroshima and Nagasaki about 75 years It is clear from the source that this book was literally an ago has now been fully recovered (the person who visited those encyclopedia in the science of jurisprudence (i.e., comparable cities today does not say that the bomb was damaged). But an jurisprudential issues) between the sects of Imam Abu Hanifa information attack is an attack on the mind and heart of a person. and Imam Shafii. The author also mentions the views of the As a result, a world of millions of self-sacrificing mangroves is Maliki School in the work of Mabsut, although it is one of the created. most popular books of Hanafi jurisprudence in the fatwa genre. Some argue that the prevention of this problem can be achieved This was the case between the controversial issues between the by tightening bans, making the country closed, increasing Hanafi and Shafii sects, and their discussion and study. control, restricting freedoms. But this is not the solution. On the In studying this book, the author also sometimes mentions the contrary, it causes the disease to develop secretly. Then the right views of sects that are more distant from Hanfiah, such as Imam question arises, what to do? The only way to equalize with the Ahmad and Zahiriya. From the point of view of the scientific world is economic integration. However, there is no tool to check deposit, however, he sometimes supported the views of sects the consciousness of a foreign investor who invests in other than the Hanafi sect and substantiated each opinion with Uzbekistan, and even if he continues to commit immorality in his evidence. Sometimes, mentioning the arguments of the Hanafi homeland under the guise of freedom. This will undoubtedly School and other sects, he combines them in such a beautiful way have a negative impact on our younger generation. Therefore, the that there is no objection in the middle. only way to protect our youth from the information crisis is to inculcate in it the values that have been passed down from our This book is the largest work published in the genre of Hanafi school and historicalmuqarin. Najmiddin Tartusi said that he was

Journal of critical reviews 369

THE STUDY OF THE NOVEL AL-MABSUT BY IMAM AHMAD AL-SARAKHSI AND ITS IMPORTANCE TODAY

considered one of the most reliable sources for judging and 2. Mabsut has not yet dropped out of the curriculum of giving fatwas in the Hanafi School: reputable Islamic universities abroad. For this reason, this work of Imam Sarakhsi was published several times in full “Rulings that contradict him (Mabsut) will not be followed. Only in recent years. rely on it. Only from him is a fatwa issued and relied on”[2, p. 52]. 3. Mabsut became popular in the written age. Since all of It is worth noting that it is time to translate the entire work or Imam Sarakhsi's students taught jurisprudence to their sections of social significance into Uzbek. students from this source, there were many manuscripts of him. In addition, many later scholars have referred to the Now, if we look directly at the place of the work in Islamic evidence in Mabsut in their books of Islamic jurisprudence. jurisprudence, first of all, it can be proved that Mabsut has not The work was one of the main sources of jurisprudence fallen out of the curriculum of the leading Islamic universities lessons in the madrasas of our country in the past. abroad. For this reason, this work of Imam Sarakhsi was 4. The main reason why the value of Imam Sarakhsi’s work published several times in the following years in full (Darul does not fall is that it was written on the basis of sources Ma'rifa. Beirut. 1989. DarulFikr. Bayrut.2000; Darul Fikr. Bayrut. included in the books “Zahiri Rivaya”. 2017). 5. As the various laws applied in the play are examined, it can be observed that each of them has a social significance. Mabsut gained popularity as early as the written age. Since all of

Imam Sarakhsi’s students taught jurisprudence to their students from this source, there were many manuscripts of him. In REFERENCES addition, many later scholars have referred to the evidence in 1. Abdulhakim Sharii Juzjani. Islamic Jurisprudence. Hanafi Mabsut in their books of jurisprudence. The work was one of the and Central Asian Jurists. Tashkent: Tashkent Islamic main sources of jurisprudence lessons in madrassas in the past of University Publishing House, 2002. our country [3, p 88-91]. 2. Sheikh Muhammad Amin Efendi Ibn Obidin. Majmuatu The main reason why the value of Imam Sarakhsi's work did not Rosailibn Obidin Darulkutubil Ilmiyya, Beirut 2016.1-juz P. fall is that it was written on the basis of sources included in the 52. book “ZahiriRivaya” [6]. We will now give examples from the 3. Mo'minov A. Mawarounnahr HanafiFiqh // Journal places where the work directly proves our point. “Lessons of Imam al-Bukhari”. № 1 (2001). Tashkent. P. 88- 91. Shamsulaimma one of the warranty chapters of Mabsut by 4. Saraxsiy. Mabsut. Darul thought, Beirut. 2017. 20-juz. Sarakhsi, in the chapter “Guaranteeing what a person trades”, 5. Ahmet Özel, Hanafi Fiqh Scholars, Ankara 1990. begins by mentioning the basic information about issuing a 6. “Zahirar-Rivaya” is also sometimes referred to as Masailul power of attorney: According to him, it is permissible to trade. Usul (Original Issues). These narrations were narrated This is because the person who took on the future debt tied the directly by Imam Aazam and his two disciples, Imam Abu guarantee to the existence of the original, that is, the money in Yusuf and Imam Muhammad. These are also said by the him. Of course, this power of attorney allows the person who three imams and the three scholars. Sometimes they are received it to buy goods from many merchants. joined by Imam Zufar and Imam Hasan. 7. Karimov N., Doniyorov A. Conflicting Views Regarding the After all, the payment for these goods will be guaranteed by the Hadiths, IJITEE, ISSN: 2278-3075, Volume-8 Issue-12, original person, the first person, who has agreed with the October 2019, pp. 2090-2094. DOI: traders. This is one of the appearances mentioned by Sarakhsi 10.35940/ijitee.L3286.1081219 about the types of warranties. Sarakhsi also reveals the subtleties 8. Is’haqov M., Alimova R., Karimov N. Contribution of Abu Isa of this warranty look. In particular, the person receiving the Tirmidhi to the Science of Hadith, IJITEE, ISSN: 2278-3075, power of attorney comments on the degree of agreement with Volume-9 Issue-12, October 2019, pp. 593-599. DOI: the merchants he deals with: if he says so, the guarantor will 10.35940/ijitee.A4453.119119 need a payment made by the people in his presence. They don't 9. Doniyorov A. Kh., Karimov N. R. (2020) THE HISTORICAL have to spend money on other things”. Because those others did SIGNIFICANCE OF "DASTUR UL-MULUK"(“GUIDE TO THE not enter into an agreement with the guarantor who assumed the KINGS”) BY KHOJA SAMANDAR TERMIZI. Journal of Critical costs [4, p 50-52]. Reviews, 7 (6), 159-162. doi:10.31838/jcr.07.06.31 It is clear from this single example that the fatwas given in Mabsut contain the forms of treatment that are widely used in the modern Islamic financial and banking system and have served as the basis for their practical application. In particular, from the above example, it can be seen that the form of trade through the “power of attorney” issued by the scholar fatwa is now the earliest manifestation of the system of trading by bank check and credit card.

CONCLUSION The above issues show that the scientist has extensive experience in trade. Imam Sarasmi also chose a clear and understandable method in the use of words. This makes it much easier to study the issue. The following conclusions can be drawn from the article:

1. Recently, it has become customary for people to conclude agreements on Islamic finance. It is important to make such agreements based on the solution of Islamic jurisprudence works that are recognized in a timely manner. From the same point of view, Imam Sarakhsi's Mabsut is an important source.

Journal of critical reviews 370