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AL-MARGHINANI'S STYLE OF REASONING IN AL-HIDAYAH AND HIS
JURISPRUDENTIAL INSIGHT
DR. ABDUL GHAFFAR1, AMAT UR REHMAN2, DR. MUHAMMAD SOHAIB JAMIL3,
1Lecturer, Department of Fiqh and Shariah, The Islamia University of Bahawalpur, 2Associate Lecturer, Department of Translation Studies, The Islamia University of Bahawalpur, 3Lecturer, Department of Islamic Studies, The Islamia University of Bahawalpur.
Abstract
Alaama MarghinanT was born in Ferghana in 511 A.H. His family was very well known for deep religious knowledge and spirituality. He received his early education from his maternal grandfather and father in Marghinan. Then he took great advantage in raising his intellect and wisdom from the renowned scholars of the muslim world. His meetings and enlightened discussions with these scholars made him a famous HanafT jurist of his time. He Spent all his life reading, teaching, and writing Fiqh and Hadith books. He wrote almost twelve books on Fiqh, among them Al-Hidayah is the eternal work, which has a great name in the world of knowledge and law. No one could write such a famous book in the field of Fiqh. The articles pertaining to Islamic jurisprudence made part of the constitution of the Islamic Republic of Pakistan are also derived from it.
Alaama MarghTnani's jurisprudential insight can be assessed from his manifold arguments, multiple evidences, jurisprudential Critique of the other jurists. There is simplicity, smoothness, and great depth in his method of reasoning. At the time of deriving rulings, the mujtahidins follow the rules of Islamic law. He used detailed arguments to prove any Shan'a rule from Qu'ran, Hadith, Ijma', Qjyas Qawl-e- sahabi, Istihsan, Shara' ma Qabl, Urf.and sdaldhray. He resolves the problems by narrative and rational arguments with great jurisprudential skill.
Keywords: HanafT, jurist, Qu'ran ,Hadith, Ijma', Istihsan, Shara' ma Qabl, Urf, Reasoning.
INTRODUCTION
Imam Abu'l-Hasan, AlT bin AbT Bakr bin 'Abd al-JalTl bin Khalil is commonly known as Shaykh alIslam Burhanuddin al-MarghTnanT. He is one of the descendants of sayiduna Abu Bakr R.A. He was bo rn on 8th Rajab 511 A.H. in Rashadan or Rashatan, a village of MarghTnan in the house of "Umar ibn 'AlT, Abu Hafs and due to his relation with Marghinan city and Farghana province, Burhanuddin is known as Al- FarghanT al-MarghTnanT. He received his early education from his maternal grandfather 'Umar bin HabTb and father "Umar ibn 'AlT, Abu Hafs in MarghTnan, then travelled to the cities of other Islamic countries besides MarghTnan according to the customs and method of education at that time. He went to Farghana first. He then went to Samar°qan°d, Bukhara, Nishapur, Marw, Balkh, Harmeen Sharifeen, Baghdad and Hamdan. Imam al-Zahad, Najm ad-DTn, 'Umar bin Muhammad NasafT and his son Ahmad bin 'Umar Nasafi of Samarqand granted permission to him for interpreting the holy traditions of the Prophet (PBUH).
Alaama MarghTnani studied Fiqh, theology and philosophy from "Umar bin 'Abd al-Aziz Mazzah in Khurasan, and sought permission fromShaykh Ahmad bin 'Abd al-Aziz, who had been a student of Imam Abu 'Abd Allah Muhammad ibn al-Hasan ash-ShaybanT for eight years. Shaykh Muhammad bin 'Abd ar Rahman narrated tafseer from Bukhari.He was educated by Shaykh 'Uthman ibn 'Ali al-Baikandi, one of the last students of Shams al-A'immah Muhammad bin Abi Sahl al-Sharkhsi, and from Muhammad bin Mahmud Tarazi in Bukhara. He had been the disciple of "Umar bin 'Abd al-Momin during his travel to Harmeen Sharif. He was also educated by 'Umar bin Muhammad, a renowned Muhaddith and Faqih of Balkh, and his brother Muhammad bin Hanafi. Alaama MarghTnani's main academic field was Fiqh and Hadith, in which he achieved extraordinary perfection through hard work and his God-given abilities, which resulted in the timeless and
glorious writing of Al-Hidayah. His family, having expertise in Fiqh and principles of Fiqh, motivated him from his childhood to develop interest in Fiqh. Abdul Qadir Qurshi adds that he grew up in the affection of his family and started teaching Fiqh and theology. He was a direct disciple of Imam Al-Sarkhsi. He advised him: "O son! Learn knowledge and develop understanding in it and think specifically about Fiqh, work hard and be a counsellor. I have brought you up and raised you when you were stripped. Over time, don't become like a weak rope after me.
In Fiqh, his twelve works are Kitab Bidayat al-mubtadi, Kifayat al-Muntahi, Nashr ul-Mazhab, Majmoo'l-Nawazal, Manasaq, al-Tajnis wa'l Maza'id wa Howa'l-Ahl al-Fatawi Ghair Al-Atid, Muntaqi al-Faroo, Sharh Jami al-Kabir, Faraiz al-Usmani, Al-Maza'id fi Faru'a al-Hanafiyyah, Mukhtar al-Fataawa and Al-Hidayah. Finally, this great Muslim jurist met his creator on the night of 14th Dhul-Hajjah, 593 AH in 1197. He spent most of his time in Samarqand and it is his last resting place. Al-Hidayah is one of the most authoritative books of Hanafi Fiqh. His reasoning is very rational, his style is very scientific and short. Alaama MarghTnanT presents his point in Al-Hidayah in a way that the reader readily obtains familiarity with his style and can easily take advantage out of it. Despite the passage of more than 800 years, its academic and legal status remains intact in the world. Scholars of all ages, jurists and legal experts have been equally benefiting from it. No better, comprehensive, and coherent text has ever been seen in the history of Fiqh and law than Al-Hidayah. On account of its Legal and jurisprudential significance, it is being taught in madrasas for centuries. Fatwas and court decisions have been completely dependent on it. The comprehensiveness and popularity of this book can be gauged from the fact that after its writing, the scholars have kept it in mind in all times and have consistently written Shuruh and hwashi, introductory cases and talyqat. Translations of this book have been done in different languages and there has also been a regular work on the interpretation of Hadiths taken as evidence in it. Alaama MarghTnani's style in al-Al-Hidayah is that he begins the discussion of every issue with the text of Bidaya. Then, explaining it, the words of the other Imams mentioned in the text, he explains these with arguments. Finally, he addresses the issue that according to Madhab e Mukhtar. For example, Alaama MarghTnani first makes the argument of the Sahbyn and then the statement which according to Madhab e Mukhtar. Finally, this view is usually that of Imam Abu HanTfa. If this order changes, that is, if Alaama MarghTnani first narrates the view of Imam Abu HanTfa and later of Sahbyn, then it should be understood that his inclination is towards the Sahbyn. The efforts and personal hard work of Alaama MarghTnani's elders, teachers paid him off and he became a great jurist of his time. His style of reasoning and jurisprudential insights are described in the following headings:
1. Alaama MarghTnani's style of Reasoning
Alaama MarghTnani derives the problems from detailed arguments. That is, they derive the problems from the Qur'an, Hadith, Ijma, Qiyas, Qaul-e-Sahaba, Istahasan, Shari'ah ma Qabal, 'Uraf and Blockage of means. His style of reasoning from detailed arguments in the formulation of problems is as follows:
• Style of Reasoning from the Qur'an
The Qur'an was revealed to the Prophet 8 and its subject is man. The Muslim Ummah agrees that the Qur'an is primary source of Islamic law and a source of guidance for Muslims. The Prophet 8 ordered himself and the Companions to first derive rulings from this source. This is what all jurists and principles turn to at the time of resolving issues.
Alaama MarghTnani himself is not a mujtahid fi al-shar'a (the first rank of mujtahid) to follow the rules and regulations set by him, but he is one of the companions of tarjih, so at the time of establishing the rulings, he follows the rules of mujtahid fi al-shar'a. When deriving problems from the text, the jurists and usooliyen keep in mind some principles and rules for the interpretation of the dalalat or text . Alaama MarghTnani has taken into account the following rules for the structure, interpretation of words and meanings in Al-Hidayah : a ) Khas and Aam
Fuqh-e-Ahnaf and Usooliyeen have discussed the following with regard to the Khas and Aam:
Khas is a word that is designed to apply to a single meaning, or Khas is every wordthat is designed to know the meaning in a certain way, such as »jji ¿^-aili ¿—j/U .- Here the trinity is special and is
made to know the meaning. Therefore, it is obligatory to complete the number of three. Aam refers to a word that includes people whose boundaries agree, or every word that includes many people at the same time, whether it is literal, such as Muslims and polytheists, or semantic such as min and ma. Alaama MarghTnani has described the example of Aam as follows:
_¿Li^ls'l LA ¿lis^ jlojl jv jls ^ ajic. jjj^ll LAJAJ jjjl^jl JJ ijj lili IJA
Our argument is that Allah says: When the punishment of theft is imposed on the thief, he will not be taken Zaman. The argument is Allah's command. u, »3». This ruling is Aam and it is not
permissible to overdo it because of Khabar e Wahid, but it makes the action obligatory, so we have ordered its Wajoob. b) Mushtrak and Mu'awwal
According to the jurists of Ahnaf and Usooliyin , the discussion of Mushtark and mu'awwal is as follows:
A Mushtarak word that is coined for two meanings or many meanings that have different realities, such as , is common between menstruation and tuher. The order of Mushtarak is that when the word is shared in many meanings and one meaning is taken to mean one meaning due to one of these meanings, then it will not be right to trust the other meaning, as in usool e shashi:
{^.»jji ¿a jli u jl« »ij^ii} (jt*j ji—jl <j jl^' jl ^
The muhram will not give the Misl e Sori as the prey, because the word misl is common with respect to Misl e Sori and Misl e Manvi in price. When the meaning of the price was fixed, the second possibility disappeared.
When some of the meanings of mushtark are preferred by the meaning of Qiyas, khaber e wahid or other Qur'an, then it becomes Mu'awwal, just as the word qur'oo is common and has two meanings, menstruation and tuhr. Imam Abu HanTfa has taken it in the light of Hadiths and has preferred it. And when the word is shared between many meanings, then this preferred meaning is called Mu'awwal. Now let's come to using the word in meaning , it comes to Haqiqat and Majaz: c ) Haqiqat and Majaz
If the word is used in contrast to what the dictionary has formulated, then it is a Haqiqat as if Asad means lion. Alaama Shashi has described this example in principle :
If a Muslim gives security to someone's father, then grandfathers will not enter it. Because grandfathers are not actually entered. In this way, if someone gives peace to the mother, then the grandmothers are not included because grandmothers are also included in the mothers, but the literal meaning of Umm is not entered in the original sense.
If the word is used in anything other than what it has been coined for, it is authorized as if Asad means a brave man. Alaama MarghTnani, in the example mentioned above, also mentions majaz, writes that in this verse, the word Umm is used for the mother in terms of real meaning and this word will also be included virtually to grandmother, etc.
According to Ahnaf, the principle of Haqiqat and Majaz is that Haqiqat and Majaz cannot come together at the same time under one condition. d) 'Amr and Nahy
'Amr refers to one person ordering another person to do something through the section of 'Amr, which makes that work obligatory on him. Ahanaf uses 'Amr in all three forms of wajib, nadub and abahat, all three forms of 'amr are:
• Taking it as a wajib: If something that is devoid of the meaning of lack and non-judgment, then it will be taken as a Wajib, such as:
[77 :jajl] {ijj^lj
Bowing and prostration are the part of the amar and the 'Amr requires Wajab, so it is obligatory to bow and prostrate within the prayer.
• Taking 'Amr as a nadub: When it is taken as a nadub, an example of this is, such as:
-^x^^^J! jA ^jJj jal jA Liilj ^.l^rttl cJL^J] jal ^^ IJ-&J [ 33:jjlJl] {j;^ f?^ fQ-iQ-lfc j] fsAjxjl^^}
When the master made his slave or slave girl Makatib on the condition of wealth, and the slave accepted it, he would become 'Abd al-Makatib. However, it is because of the command of Allah that if you see improvement in them, then make them Makatib. And this is not for Wajub. The jurists are unanimous on this, and of course, it is here for the sake of nadub and that is correct.
• When 'Amr is considered as Mubah : as Alaama MarghTnani states in Al-Hidayah , it applies to sa'id, istiyad, and what is to be hunted, and it is permissible for a non-mahram to do so at a place other than the haram, as stated by Allah.{jSikyi foils- 133} [Al-Ma'ida:2] "When you are
lawful, you are allowed to hunt." "
• Nahy
According to the Usulists, there are two definitions of Nahy: One: asking someone lower than you to refrain from doing the act. Second: Saying inaction while considering yourself to be great. Is . And the prohibition or prohibition of nihi is due to two things, one is not to act with sensuality, such as eating haram food:
ffj.^-liJ jAj ^ ,[121 :fL*jVl] {<tiii f>-U jri f Ua IjJSijVj}
And do not eat from the slaughtered animal on which the name of Allah has not been mentioned, and this prohibition is for sanctity. The rulings are not from the Shari'ah, such as: [221
"And it is not permissible to marry idolatrous women unless Allah says: "Do not marry polytheistic women until they believe." " 1.2 Reasoning from Hadith
Hadith is the second major source of Islamic law for Muslims. The position and status of the Prophet (peace and blessingsof Allaah be upon him) mentioned in the Qur'an requires that his words, actions and speeches should be followed. The Prophet 8 also has a legislative status , so Hadiths are fundamental to the jurists . There are three well-known types of Hadith: mutawatir, mashhur, and khabar-e-wahid. There is no difference of opinion among jurists in following the frequent and famous, however, there is a difference of opinion in the khabar-e-wahid.
a )Khaber e Wahid: Khaber e Wahid refers to a Hadith that is narrated from one narrator to a narrator , or from a group to a narrator or from a narrator . There is no validity in the numbers, until the extent of the famous is reached. It is not permissible to transgress on the Book of Allah. Unauthentic knowledge is gained from it. It is obligatory to follow Khabar e wahid alone in the rulings of Shari'ah. Khabar e whahid is the proof for narrator who has the conditions of Islam, justice, restraint and reason. The Khabar e wahid can be authentic in these four places: a: the right of Allah Almighty only , b: the right of the person only in which something is obligatory on another, c. the right of the person only in which nothing is obligatory, d: the right of the person only in which something is obligatory for some reason. Imam Abu Harnfa, like other jurists, preferred khabar-e-wahid over Qiyas, regardless of whether the narrator of this Hadith was a faqih or a non-faqih.
In fact, until the first century of Hijri, there was no problem related to Khabar Wahid's obligation and being the source of religion. Even later, Imams Arba'ah and Salaf agreed that the Khabar is the only one, the principle of the religion. Even after the emergence of Mu'tazila, doubts began to arise about the authenticity of Khabar Wahid.
b ) Mursal Hadith: According to the ahnaf, Mursal narration will be applied in those cases where there is an apparent discontinuity. From this point of view, the Maraseel of the Muhadditheen, the problems, the suspensions and the broken traditions will be included in the messages of the Usulin. Interpreted outwardly as sending, and inwardly, the discontinuance should not be against the Book of Allah, the Sunnah of the Messenger of Allah, peace and blessings of God be upon him. On this principle, Imam Bazdawi has described two types of discontinuance. He writes that discontinuance.
has two forms:
¿a J^jlLa J^ JJlj j — r Ji ^^ JJaJI 1« ^^LiJI Oj2-JI ^l^jlLa es^llJIj U^I^^JI ^l^jl < ^Jj'l ^A-ljl ^Jjj jLp-^l ¿a J^jlli j^LkJl Lal""
" I ¿« J—jlj
The visible form of discontinuity (Inqta Zahir) is the traditions of Mursil and it has four forms.The first is that a Sahabi sends it, the second is that the people of the Second Century and the Middle Ages send it, the third is that a righteous person of every age sends it, and the fourth case is that it is sent from one side and connected from the other side.
In the books of Hanafi mutaqaddimTn wa muta'akhkhirTn jurists and usooliyeen, the authenticity of Khabar-e-Mursal is mentioned in full detail. Imam Abu Bakr al-Jassas has mentioned in detail the opinions of the Imams of Ahnaf, which he summarizes in the words:The Marseel of Sahaba and Taabi'oon are authentic for our companion, and this is my opinion regarding the narrators of Taabi'ut-Taabi'een, while while they are known for transmitting from reliable narrators. As far as Mursal Riwayat of the Imams of the Middle Ages is concerned, according to my knowledge, some of our Shaykhs are of the opinion that they do not accept their Maraseel. Because they refer directly to the RasoolullahS in this case it is predicted that lies will be common among them. Jassas says that when most of the people of the age are involved in corruption and falsehood, then the Riwayat of direct connection should not be accepted in it, unless we are aware of the 'Adaalah (integrity), truth and trust of this narrator and I have not seen Abu l-Hasan al-Karkhi distinguish between the Maraseel of all times. Tsa bin Aban said: "So whoever narrates a narration from the Messenger of Allahi in our time, if he belongs to the Imams of the religion and indeed he has narrated it to the scholars, then his Mursal is like his musnad and the musnad of the narrator that the people accepted and while they did not accept his Mursal, then those are muquf in our opinion. 1.3 Reasoning through Ijma (consensus)
Alaama MarghTnanis style of reasoning is that when he writes that there is Ijma in such and such an issue . In describing the Ijma (consensus), he briefly writes about various levels of Ijma such as the Ijma of the Sahaba, the consensus of the Tabi'een and the Ijma of the Taabi'ut-Taabi'een, etc., that there is consensus on such and such issues and completes the matter, as he writes while proving the consensus on not reciting the Muqtadi in the lead of the Imam in the congregational prayer:
Sil^li ^UJ ¡j* " ^iLuJIj SiLj^JI LJj.^ii ¡¿fcjj^ ¡ys Ss^aJI i^jliJI J J jiiLSJJ liMi-" flo^fl - (-u^il Xs "
"vU" -"'I ^jTntl dJj^A-a ¿yij ^jSij J tl ^Ls^-j " <lJ
And Muqtadi should not recite behind the Imam, Imam Shafi'i is against it in Fatiha. The argument of Imam Shafi'i is that recitation is one of the adherents. Therefore, both the Imam and the Muqtadi will participate in it, and our argument is the saying of the Messenger of Allah, peace and blessings be upon him, that whoever is the Imam of the Muqtadi, then the Imam's recitation is his recitation. And on this there is a consensus of the Sahaba, and this recitation is a member that is shared between the Imam and the Muqtadi, but the Muqtadi's part is to remain silent and listen with ear.
1.3 Reasoning through Qiyas
In Hanafi Fiqh, much more has been taken from Qiyas, secondly, in the style of narration of Sahib Hadiyah, rational arguments have been combined with narrative arguments and in some places the intellect has a strong place on naration. In addition, in his style of statement, the correlation between rational and narrative arguments seems to be very reasonable. As Alaama MarghTnani writes in the issue of prayer:
a.j — tl ^JJ^JL, JL.tx.1 ^Lni^Li ^liOJIj " ilii^ jL^ ^Jj ja jlj foJ J^JJ Jij ^Lii —J ^ - a jJj
If a person swears that he will not pray, then he stays up and recites and also bows, then this will not be Hanas. If he prostrates with him and then breaks the prayer, then he will become Hanas, and the Qiyas (presumption) is that he will become Hanas as soon as he starts the prayer. They speculate on the issue of starting the fast, and the reason for the speculation is that when a person starts fasting, it is obligatory to complete it, similarly, if one starts praying, it is also obligatory to complete it.
1.5 Reasoning through Istihsan
When Alaama MarghTnani gives priority to Qjyas khafT over Qjyas jalT in a problem, then he proves the problem with a Hadith due to Istihsan and explains the Hadith as an argument, such as what is the shari'ah ruling on eating food due to mistake in the state of fasting. In this issue, Istihsan has been prioritized on the basis of Hadith, excluding Qjyas (speculation). He writes:
4-Jg.aJLttUfclAoVI (J§ Lt-«)ti ^^SUfeT j\ a ^U^aJ LA JS^S-JJ I tiilL« (Jj-S J-&J jJa¿n ¡jl (J^LloJIJ jt-i LcxoLi jab- jl jOjL^aJI (J^l 13]
_ aLaJj «Oil L<i.».LI Uili 4 ¿Laj.^ j^u-li ¿Jj^j J^li ¡^UAJ Ijj f^iJIj a^^JI LJc.
If a fasting person forgets to eat or drink or has intercourse, then his fast will not be broken, and the Qjyas (assumption) requires that the fast be broken, and this is also the view of Imam Malik because of the presence of what is opposed to fasting, so this person became like a person who forgot to speak in prayer and the reason for this is that the Prophet 8 said: When a person forgets to eat or drink, he should complete his fast, so Allah has fed him.
1.6 Reasoning from Qaul e Sahabi
During the time of the Prophet 8, there was no law in the state of Madinah to collect taxes from non-Muslims outside. During the caliphate of Hazrat 'Umar, when non-Muslim states started taking ashur (chungi) from the traders of the Islamic state, Hazrat 'Umar implemented this law of Ashur. On the issue of collecting taxes from traders, Alaama MarghTnani states Hazrat 'Umar's statement as argument as follows:
j^aJLs jLi Lic «1^1 J^c cJ^-aJ j^aJI Lia j>lb lia X9 i^Iaj J*a j j
If the HarbT unbeliever passes with 200 dirhams and the tax collector does not know how much tax the people of Harb collect from the Muslims, then he will collect one-tenth from them. According to Hazrat 'Umar, if you are unable to know the amount of tax, then collect one-tenth.
1.7 Reasoning from Shara' ma Qabl
Shari'ah refers to the rulings that were found in the earlier ummahs and Islam has maintained these rulings in mind and spirit. Alaama MarghTnani mentions the ruling of qasas in the previous shari'ahs in the Qur'an and links it to the pre-Shari'ah. He writes:
¿iJIj. lJJAJ j^l oAtI ¿iJI ¡Jj jjl^a tJlj ¿iJLi ¿iJIj O^li (j^Ii ' - * ^Ij ¿¿aJLt ¿¿AJIj ^^JiiJl^ ¿yJiiJI jl L^i fa<(pi-C' Lui^j
-jl^JIj j » Jjjliij ^ ¿iJI (j^js^I ¿j ¿a Lia (j^inj ¿a ¿j jl^ jj [45:5jjliI] ¿iJLf
And We have written on them in this Book that life for life, and eye for eye, and nose for nose, and ear for ear, and tooth for tooth, and wound for wound, and tooth for tooth. The tooth being retaliated is larger than the injured tooth, so there is no difference in benefit if the tooth is small or large.
1.8 Reasoning through Urf (custom)
Urf refers to an interpretation that is generally popular among the people of an area and when those words are spoken, without any interpretation and consideration , the same meaning should be taken, which is used in the society.Alaama MarghTnani derives problems from Urf in Al-Hidayah. This is the reasoning used by him when deriving the problems.
jljJuJI ^JLc j ^l^til J^AAJIJ ¿U43 "I LKI J oil JAI ^liAJ la JLc Lix^i I)^ ^ 'l^ jJj
"A man swore that he would not eat bread, it would apply to what the people of this city habitually eat as bread, and that would mean wheat and barley bread, because in most cities this bread is habitually eaten. "
1.9 Reasoning from Sadaldhray (Blockage of means)
In the Islamic Empire, the authorities and judges used the means to block the path of evil and to avoid the fear of fitnah. In this regard, Alaama MarghTnani writes about the sale of weapons to the rebels:
4 ^c. Silcj Li^ " jcAj^liC jj d'TitI JAI ¿a ^-MiJI Sj^j
And it is abominable to take weapons from the rebellious people and their soldiers, because it is a sin to cooperate.
Alaama MarghTnani's style of reasoning shows that he was a great jurist of his time. People Are Benefiting From His Fiqh Till Date. It is said that if a person understands Al-Hidayah and
understands its Fiqh, then the key to Fiqh comes in his hand. 2 Jurisprudential Insight of Alaama Marghlnani
Alaama MarghTnanis Fiqh can be gauged from his works which he wrote on the subject of Fiqh. The Fiqh expertise of his book al-Hidayyah can be assessed from the following:
2.1 Manifold reasoning
Alaama MarghTnani argues and explains problem from the Adilat-e-Shari'ah. This argument comes from the Quran, Hadith, Ijma, Qiyas, Istehasan, Qaul-e- shaba, Blockage of Means, Pre-Shariah and 'Uraf, as they write that only men can give evidence for the evidence of Hudood. In this case, Alaama MarghTnani has presented the following artificial and rational arguments, which is the reason for his multiplicity of arguments:
[15 {f^la iAJi ¿(jxlv Ijj. <»r;„Li fAjLiui ¿a i^>-LUl jjlj JfMJIjj} :JLA 4JJ_SJ ""JUJJI ¿a L^^i JIA Lipl J SjljAJl 141« J-a SjljAJlj " X gjIaj ¿y? <uil Jj-^i) (>« <ul<JI '••■ ^^ : L tlojLsJ 'VUJjl I j^q J;nT ^j" [4:j^jJI] Ij^-"1 b^j f^ f"} «lI^oJj
^L—SJIJ .¡jj^Jl SiL^i .
There are a few stages of evidence. One of them is the evidence of adultery. The evidence of four men in adultery is reliable because Allah says: "And take the testimony of four of your people against those who commit adultery among Muslim women." Witnesses of adultery can only be men, the testimony of women in adultery will not be acceptable at all because the hadeeth of Zuhri: "Since the time of the two caliphs after the RasulullahS, it has been Sunnah that there is no testimony of women in Hadood and Qasas. "
Apart from this, Alaama MarghTnani has brought another rational argument:
^LAJ 4Jj_flJ "ojl^j SjL.^) I j^i J;nT Jlj JjJ^Jl i^n;; j ,-^Jl Ljiaj" ^Ij; ."J'li ^JJi. U^i J;nT Mi JL^-JJI SjL.^) floa LjaLnJ iJjjJl Ij^i 0X5
.Lij^j U "Vl^iJI SjL.^ Jo Xj" ' [282:5JOJI] {fdbLi-j
And because women's testimony is suspected of change. There is a doubt of change because the testimony of women is equal to the testimony of men, as Allah says: "And make two witnesses from among your men, so if there are no men, then one man and two women from among them." This shows that the testimony of a woman in crimes of Hadood such as adultery, Qadhaf (Slander of adultery), theft and Kham°r is not acceptable. However, the testimony of women in divorce, iddah, waqf, waqalatand will can be acceptable.
2.2 Plenty of evidences
In order to explain his position on any issue, Alaama MarghTnani presents a plenty of rational arguments in Al-Hidayah, such as in this issue of theft, Alaama MarghTnani has proved the punishment of the thief by referring to the maturity of the thief, the course of theft and the punishment of the thief by referring to the Harz, which indicates his abundance of evidence: If a sane adult does not suspect that ten dirhams or something worth ten dirhams has been stolen from a safe place in this way, then it will be obligatory to cut off the thief's hand. The original of this verse is:
4jLlhJI jkoJIj U^JJ ¿S^U ^ 4jLlhJI jiV jj-Mls Js-*-JI jI ;7f l ¿a ji ^J [38iVl ¿a :SjjLU] {U^jbi Ijlkali iijIiJIjj ¿jlillj^JUi iJji J-^&lj
^LijJl jV jk^Jl JUL. jijOJl ¿a j XJ
jLip JJJ. JJJS^I ^ ^iUJI jjf Jj-^j j-^c L5lc jko JI ji I.J fA JJ iSMi. ¿Ula jj-cjIj-cL—i jLip jj j^l Jko; j^jl J|i : i^jLc ¿c.: -fAji iiMS ii. ¿¿pa ^ Jill jki :¿.?^ll ¿.J jLT la fM^Jlj Jl
The origin of this command is this verse: And cut off the hands of thieves, whether male or female. And it is important to rely on intelligence and maturity because the desire to steal in ordinary goods decreases, and also, the receiver does not even try to hide it when he takes a small amount of Mal. That is why the person who hides Mal. to steal is not found only in ordinary wealth. In the same way, the benefit of this warning will not be achieved. Because the wisdom of warning by punishment is found in a situation that often occurs. It is ten dirhams, and according to Imam Shafi'i, a quarter of a dinar is sufficient, but according to Imam Malik, it is necessary to have three dirhams. The quoted estimate of the value of the shield is three dirhams.
Alaama MarghTnanithen writes that it is better to accept at least three dirhams because this amount is absolutely certain. This is a Hadith of cutting hands for stealing three dirhams and
Jamhoor has made this Hadith a course of theft. Abdullah ibn ''Umar reported that the Prophet 8cut off hand for stealing a shield, which cost three dirhams. Imam Shafi'i said that in the time of the Prophet 8, one dinar was twelve dirhams. Thus, the fourth dinar was of three dirhams and our argument is that it is better to make the highest estimate in this chapter so that there is a means and excuse to reach the 'Had'. Because there is a small amount of doubt that the crime cannot be completed and the matter of doubt is such that when it is done, the Had ends. Our suspicion is supported by this Hadith. Rasulullah 8said: OA js aj^c ji jiip j ^j ^"
"The hand is cut for one dinar or ten dirhams'' .
He further writes that this Hadith does not meet the standards of health due to being a Mursal, but Ahnaf adopted the tradition of Ibn 'Abbas in which the price of the shield is described. When Ahanaf saw that the traditions were different in determining the price of the shield, they adopted a higher price, because everyone agreed on the method of theft and everyone agreed on this quantity, so to remove the doubt, adopted the quantity which is a high quantity i.e., ten dirhams .
aJ^c Jjjj jJ Ljli^JI JLA£J Ljlcj j^^I jAj LjIjjJI jAlk jAj 'Lx£JI ¡J JL5 ' /jj iJ^I L^J jUj Ij^i LijC Lijj^lI (jiki jA JjJI jOjIj ji <Jj aj^l jAjj Sj^c. LIAA5 ¿-I-Q La ji L_Jj§j jM^JI Laic j JJLAIII jA Li^ ¿¿¿511« LAJ jJj JLAIIJ JLAJI ^ Sj^c ¿a JjJ
Lxi ^ jj^ ¿a , Xj LaJ jS" jlj L^ LIAA5 jA JjJI.
Then, in Urf, the one who is a like a coin is called a dirham. It was found that coinage is a condition so that the crime is the final limit and end of the crime, even if someone steals a piece of silver that is worth less than ten real dirhams, it is not obligatory to cut off his hand. The weight of seven shekels in one dirham is reliable because it is the custom in all countries. In this place, the author has said that if something is stolen whose value reaches ten dirhams, it indicates that If there is anything other than dirhams, its value will be measured in dirhams, even if the other item is gold, and the mentioned punishment for stealing from a safe place is undoubtedly necessary because if there is even the slightest doubt about its safety. If it happens, it will not be possible to impose Had.
2.3 Jurisprudential Critique
Alaama MarghTnani presents the sayings of the Qur'an, Hadith, Aqwal e Sahabah and jurists to explain his position on issues. Then he establishes the priority of his position among them and criticizes on the opinions of the Imams , such as in the issue of purification for prayer, he coitizes on the sayings of other Imams by explaining his position with narrative and rational arguments:
Ij^j ^JJI j^aj il^UI - l Ji£ SjL^kJI ^j-ii " [6 :5jjliI] {jisjij jiiili M^JI jj jiiJ Ijj Ijia! ¿jjJI L^i t>} :JLaJ JL5
Allah says (interpretation of the meaning): "O you who believe, when you get up to pray, wash your faces and your hands up to the elbows, wipe your heads and wash your feet up to your ankles." The duties of ablutionare washing the three organs and wiping the head, due to this text. After this, Alaama MarghTnani writes:
LTi^li ^jlc j^aj l^jjj JLji fji ibLj) ^Ji jijj Lxic c^iJI j ¿J SjiiXI ^jj H ^J-JI jAj ix^iiJI jI,Aa ^)J-JI j^a ^ ^^jjilIj :JL5
liiLx^i Cj,5 ^bIjjJI 'I A x'j^I j ^jLcj ^J-A^j iNlj jjjAlJI j j^il^JI ^jlc Lsc^ jAj Lj LiLxj J-A^a
j^lI ill ^ J-^^I jA la J^l L,;^ J^I^I ¿a J^I^I iNij LJIA! ^ j-A^j
He said, "And in the wiping of the head there is the amount of obligatory forehead, and it is the fourth head, as narrated by Mugheera bin Shoba: "Rasulullah8 came to the garbage heap of the people, urinated and performed ablution, and wiped the amount of forehead on his head, and also wiped on the socks." "In Quran and this Hadith is its narration, and this narration is an
argument against Imam Shafi'i regarding the validity of wiping on three hairs, and the same tradition is also against Imam Malik about the obligation to wipe complete head." And they prefer the amount of nasya(^ii )in wiping.
• Simplicity, smoothness and depth in reasoning
While deriving any problem, every jurist does not explain his position in the same way, sometimes he explains the problem in a simple way and sometimes he goes into very deep reasoning. Alaama
Marghmani's method of inference shows simplicity, smoothness, and a lot of depth. An example of simplicity can be seen in the issue of facing the Qibla for prayer.
i ¿¿Kill tl j-ft ¿JL^] «L^jii LJL^. (j!^ o»j ¿jL^j «L^sjii ij^ O» [144 :ajlJl] {^jk jiji} «iJjaJ ¿l.itl J.!?,
And they turned to the Qjblah and said: "So turn your faces towards the Mosque of Haram." Then whoever is in Makkah, it is his duty to find the Ka'bah and whoever disappears from Makkah, his duty is to find the Ka'ba. This statement is correct because pain is according to power. Smoothness refers to the multiplicity of arguments in the same issue in such a way that the arguments on the argument are given fluently, as Alaama MarghTnani writes about the obligation of Hajj in the Book of Hajj:
Hajj is obligatory on people who are independent, mature, sane and healthy, as long as they have the ability to travel and ride which is more than their accommodation and necessities of life. And it is more than the bread and sustenance of his family, until he returns home, and the way is also peaceful. The author has used the word 'Wajub' for Hajj, although this is a confirmed obligation, and its obligation is proved by the Book of Allah.
It is further stated that this obligation of Hajj is proved by this statement of Allah Almighty.
Sj^lj 5j» f fLt J j^Jl it J.xi fMutlj SM^JI " Sj^lj 5jo VI jo-s-ll j y^j Xs " V^l [97 Ji] {¿4*JI ^ Li^l J^- ij jjj
L&i aj>lj Sj» J V" JLii ¿n^;^ ^¿i O^j ^ i -JJ ^¿i jj_c jjn-tl LS^ y^lj j-A ^tj>-jJl JJ^IJ Mi V 4-ilj <"n;tl OXS
. ixii Jj Lo
And It is the right of Allah over the people that whosoever is able to reach should perform Hajj for him. Hajj is obligatory only once in a lifetime, because heS was asked whether Hajj is obligatory every year or once. He S said once Whoever does more than that, that will be Nafal. And his rational argument is this: The cause of obligation is the BaytuAllah and there will be no repetition in the BaytulAllah and there will be no repetition its being obligatory. Then hajj is obligatory immediately with Imam Abu Yusuf and there is nothing narrated from Imam Abu HanTfa in this matter.
It is further written that it is obligatory for Imam Muhammad (RA) and Imam Shafi'i (RA). Because Hajj is the wazifa of "Umar , and "Umar is in it as if there is time within prayer . The reason is that Hajj is specific to a particular time and it is rare for death to occur in one year, so there will be a precautionary constraint in time. Therefore, it is better to hurry to perform Hajj. Unlike at the time of prayer, because death is rare in such a time, and the author has put the condition of freedom and maturity, because of this command of the Prophets.
¿Xj^j» L&j—Li ¿JIJILAJIJ «U^S f^—^ ¿-^^ 4-J-»-i jJj JOJ ^^ l^jij f^—^l ¿-^^ 4-J-»-i ^^ J*^ IAJ!
Even if a slave performs ten Hajjs after becoming free, then the Hajj of Islam remains for him, and if a child performs ten Hajj, then he has become an adult, then the Islamic Hajj is obligatory on him, Because Hajj is worship and worship is actually forgiven for children (because they are not Mukalaf).
It is very well known to him to describe a problem deeply, as Alaama MarghTnani discusses about washing the elbows and ankles in the issue of ablution.
1» ill—X ¿Aill aiA Qi I'tj fj ;~tl ^Li J JJJti Lxiil J^jj V ¿JUJI Jji; j4 JL»j jijJ liM^ LiJic " Juill j o^j OL-*£JIJ oLoiJUj
.¿^L— LS^ jiu: VI L<pJ] ji fj^tl ^Li Jj J£ll ¿n^kj-ll V UVjJ U*ljj
Washing our elbows and ankles is included in our duty. Imam Al-Zuffar disagrees with this and says that ghayat is not included under mughya, just as there is a night in the chapter of fasting that the night does not enter into the order of fasting, and our argument is that ghayat i.e. il al-marafeqain and ali al-ka'bien are here to remove their beyond. Because if it were not for this, then the duty of washing would have included the whole arm and the whole leg, and in the chapter of fasting, it is until the time of fasting is prolonged till night. That's because the word ^applies to an absolute
moment's stop. That is, literally, stopping from eating and drinking for time is called som fj^, but
Sahib e Hadiyah has taken it here in the sense of prolonging the soom till night, which is showing the utmost deepness.
In addition, in his analysis of the problems, Alaama MarghTnani has derived the same problem from both Qiyas and Istahasan sources that this problem can be derived from Qiyas and as Istahasan, which shows the deepness, as such:
^¿^iJ Ma^ SM^ ^ij ^La^^I jI jI Ijj Lxic ^ jl ^LaJIj jL^^IjI IjAj p^A jJ L^Jj ¿a J^i jlj l^fjs j 'Iji.^ Lxic ¿^¿i ¿aj j Li^ iixJj fj <Jc Jjj ji ji^JIj Mi ^ii '"j Ijlj i-IjVI j ^j-^Ixi ^jIjiJI JjJLL Ijj SjiI ji jL^^ij^I L>j jji^JI L^li Ja^JI .jjiiiI
If a person is unconscious for five prayers or less, then he should make up those prayers, if the prayers made up due to unconsciousness are more than five, then he should not make them up. This comandment is due to Istehsan not Qisas. It should be because here his inability has been proved. So, it will become similar to madness and the reason for this is that when the period of unconsciousness is prolonged, then the Qaza prayers will also be more, then there will be a problem in performing them, and when the period of unconsciousness is less, the prayers will also be less and there will be no harm in performing them. More than the night, because prayers more than one day and one night enter the limit of repetition. 3 Opinions of Muslim Jurists on the Fiqh work of Alaama MarghTnani The opinion of scholars regarding Alaama MarghTnanis jurisprudence
Alaama MarghTnani was a great jurist, muhaddith, pious and researcher in the eyes of his contemporaries, scholars and jurists, like his contemporaries. Said, as Abdul Hai Lakhanvi writes that
Sheikh Burhanuddin MarghTnani was an Imam of his time, a great jurist, a hafiz of Hadith, a commentator, a master of various sciences and arts, a man of piety and piety, an ascetic and a researcher. He had a broad and critical eye on various fields of science and literature. He held a high position in the knowledge of Khlaqiat and had a jurisprudential approach to the religions. He further writes that Allah Ta'ala has elevated Imam MarghTnani to the highest position of knowledge, jurisprudence, interpretation, rulings, grace and perfection, and may he grant such greatness that Apart from Akabir and Mashaikh, contemporaries recognized his greatness and superiority as Imam Fakhruddin Razi, Qazi Khan, Zaheeruddin Bukhari and others like Akabir and Arbab Ilm wa Fazl called MarghTnani an unparalleled researcher and jurist of his era.
Imam Zain al-Din al-Atabi and al-Sadr al-Imam Mahmud bin Ahmed bin Abdul Aziz have also paid tribute to the grace and status and academic excellence of Imam Burhan al-Din MarghTnani. Very soon, due to his knowledge and skill, he surpassed his Shaykhs and Contemporaries, and after the authorship of Al-Hidayahh and Kifaya al-Muntahi, he became more prominent in the eyes of the people.
Findings of research work
Research on this topic leads to the following logical findings:
1. Alaama MarghTnani is a well-known Hanafi jurist. Many of his works, especially Al-Hidayah, has a very high position in Hanafi Fiqh, which shows their Fiqh. It is a Shariah and legal book and till the present time, the judiciary of the Islamic Republic of Pakistan has been resolving sharia laws in the light of Al-Hidayah.
2. Alaama MarghTnani mainly derives problems from the Qur'an, Hadith ,Ijma and Qiyas.
3. Alaama MarghTnani has also taken advantage of Istehsan, qaul-e-sahaba, Sadaldhray,Urf, pre shari'a' and Istashab in dealing with problems.
4. Ahnaf are called Ahl u Rai because of Qiyas, which is why problems related to Qiyas are frequently found in Al-Hidayah
5. The jurists of Ahnaf agree on the importance of Khaber e Wahid and according to them, the Maraseel of authentic and Adil narrators are also permissible.
6. They prove the problems with great depth, abundant evidences, and many arguments. There is depth in their arguments and knowledge.
REFERENCES
[ 1] Al-Qurashi, Abd al-Qadir bin Muhammad, Mohi-ud-Din, al-Jawahir al-Madiyyah fi Tabaqat al-Hanafiyya, Majlis-e-Sar al-Maarf al-Nizamia al-Qainta fi al-Hind, Hyderabad, Deccan, al-Tabaqat al-Awla, Rabi al-Thani, 1333 AH, 1/383.
[2] Abdul Hai, Firangi Mahali, Maulana, Muqadda Al-Hidayah, Maktaba Rahmania, Multan, S. N, 3/2
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[4] Al-Qurashi, Abd al-Qadir, al-Jawahir al-Madiyyah fi Tabaqat al-Hanafiyya, 1/383.
[5] Ibid, 1/389, 1/394: 2/29.
[6] Ibid, 1/86.
[7] Ibid, 1/391.
[8] Ibid, 1/74.
[9] Ibid, 2/76.
[10] Ibid, 1/345.
[11] Ibid, 2/131.
[12] In 544 A.H., during the journey of Hajj , he taught hadith from him for a year. Abd al-Qadir Al-Qurashi, al-Jawahir al-Madiyyah , 1/392.
[13] Ibid, 1/396.
[14] Ibid, 1/390.
[15] Haji Khalifa, Kashf al-Zanun, 2/1622.
[16] Abd al-Qadir Al-Qurashi, al-Jawahir al-Madiyyah, 1/4.
[17] Urdu Darirah Maarif Islami, Thesis Al-Marghinani, Lahore, DanishGah Punjab, 1984, 20/461.
[ 18] Al-Babrati, Muhammad bin Muhammad bin Mahmud, Al-Anayah Sharh Al-Hidayah, Dar-ul-Fikr, Beirut, Lebanon, N, 6/472.
[ 19] AlQarshi, Abdul Qadir Bin Muhammad, Mohay ud din, AlJwahir ul Muzia Fi Tabqat ul Hanfia, (Majlis Daira tul Moarif unizamia al Kaynatia, Haiderabad , Dukkan, First Edition, 1333 H),2/599.
[20] Alshashi,Nizam ul din, Usool ul Shashi,(Maktabba Haqania, Multan ),P. 5.
[21] Al-Qu'ran 77:22.
[22] Amethvi, Mulla Jiwan,Ahmad Bin Saeed, Noor ul Anwar,(Dar ul Hadith , Bayroon Bohur Gate , Multan) ,P .67.
[23] Alshashi, Usool ul Shashi,P .20.
[24] Al-Marghinani, Al-Hidayah, Kitab Ul Salat, 1/104.
[25] Alshashi, Usool ul Shashi,P .9.
[26] Ibid.
[27] Ibid,P. 39.
[28] Ibid,P. 13.
[29] Al-Marghinani, Al-Hidayah, Kitab Ul Talaq, Bab Ul Idat, 2/428.
[30] Alshashi, Usool ul Shashi,P. 14.
[31] Ibid, P. 46.
[32] Ibid,P. 14.
[33] Al-Marghinani, Al-Hidayah, Kitab Ul Nikah, Fasal Fi Bian il Muhrmat, 2/327.
[34] Ibid.
[35] Ibid, Kitab Ul Salat, Bab Saift ul Salat, 1/97.
[36] Ibid, Kitab Ul Mukatib, 3/319.
[37] Ibid, 2/99.
[38] Ibid, Kitab Ul Zbayh, 4/434.
[39] Ibid, Kitab Ul Nikah, Fasal Fi Bian il Muhrmat, 2/330.
[40] Alshashi, Usool ul Shashi,P 51.
[41] Mofiq Ibn e Ahmad Makki, Monaqib Imam Azam, (Taba Daira tul Moarif, Haiderabad , 1332H),1/95.
[42] Bazdawi, 'Ali b. Muhammad, Qanz al-Awwal al-Marifat al-Usul, Mir Muhammad Kitab Khana, Karachi. N, p. 171.
[43] Al-Jassas, Ahmad b. 'Ali Abu Bakr al-Razi, al-Fasul fi al-Usul, Wazarat al-Awqaaf al-Kuwaitiyyah, al-Tabata: al-Thaniyyah, 1414, 3/145.
[44] Al-Marghinani, Al-Hidayah, Kitab-ul-Salat, 1/122-121.
[45] Ibid, Bab al- Ilmin fi Alimin fi al-Hajj, 2/494.
[46] Ibid, Kitab al-Soom, Bab Mayajb al-Qaza wal-Kaffara, 1/234.
[47] Al-Bukhaari, Saheeh, Kitab-ul-Soom, Bab al-Saim, Al-Aqal aw Sharab Nasaya, Raqib al-Hadith: 1933
[48] Al-Marghinani, al-Hadaiyyah, Bab Fiman Yamr 'Ala al- Ashar, 1/214.
[49] Ibid, Bab al-Qasas fima dun al-nafs, 4/564.
[50] Ibid, Kitab al-Iman, 2/485.
[51] Ibid, Kitab al-Sir, Bab al-Baghaah, 2/592.
[52] Al-Marghlnäni, Al-Hidäyah, Kitab al-Shahadat, 3/161.
[53] Ibn Abi Shaybah, Abd Allah b. Muhammad b. Ibrahim, al-Lekhak fi al-Ahadith wal-Athar, Kitab al-Hadid, fi Shahadat al-Nissa fi al-Hadid, Maktabat al-Rashad, al-Riyadh, al-Tabaat al-Awli, 1409AH, Raqat al-Hadith: 28714.
[54] Al-Marghlnäni, Al-Hidayah, Kitab al-Shahadat, 3/161.
[55] Ibid, 2/524.
[56] Ibid.
[57] Ibid.
[58] Al-Bukhaari, Saheeh al-Bukhaari, Kitab-ul-Hadid wa Ma Yahajir min al-Hadid, Bab Qul-Allaah wal-Saraq wal-Sarqaat al-Faqat tawawa, Dar-ul-Tuq al-Najaah, Al-Tabaqat al-Awli, 1422 AH, Raqat-ul-Hadith: 67895.
[59] Al-Bukhaari, Saheeh al-Bukhaari, Kitab-ul-Hadid, Bab Qul-Allaah wal-Saraq wal-Sarqah, Vol. 6795
[60] Al-Tirmidhi, Jami al-Tirmidhi, Abuab al-Hadid an-Rasulullah sallallahu alayhi wa sallam, Bab ma jaa fi kum taqtaid al-sarq, Dar al-Gharb al-Islami, Beirut, Lebanon, 1996:1989, Raqi al-Hadith: 1446 .
[61] Al-Marghlnäni, Al-Hidayah, Kitab al-Sarqa, 2/524.
[62] Ibid.
[63] Ibid, Kitab al-Taharat, 1/17.
[64] Al-Muslim, Muslim ibn al-Hajjaj, al-Jami al-Sahih, Bab al-Masah ala al-Nasiyyah wal-Ummah, Dar-e-Ahya al-Kutub al-Arabiya, al-Qahara, 1334 AH, Raqi al-Hadith: 274.
[65] Al-Marghlnäni, Al-Hidäyah, Kitab al-Taharat, 1/18.
[66] Ibid, Kitab-ul-Salat, Bab Shrut-e-Salat, 1/91.
[67] Ibid, Kitab al-Hajj, 1/250.
[68] Abu Dawud, Sulaiman bin Al-Ash ath, Sunan Abi Dawud, Bab Fard al-Hajj, Dar-ul-Risala al-Alamiyyah
[69] Al-Tabaqat al-Awli, 1430 AH - 2009 AD, Raqat-ul-Hadith: 1721.
[70] Al-Marghlnäni, Al-Hidäyah, Kitab al-Hajj, 1/250.
[71] Ibid.
[72] Al-Bayhaqi, Ahmad ibn al-Husayn, al-Sunan al-Kabri, Bab-e-Ithbat fard al-hajj al-min ista'a'i'l-'iliyyah, Beirut, Lebanon, al-Tabaat al-Tha'la, 1424/2003, Raqi l-Hadith: 8613.
[73] Al-Marghlnäni, Al-Hidäyah, Kitab al-Hajj, 1/250.
[74] Ibid, Kitab al-Taharat, 1/18.
[75] Ibid, Kitab-ul-Salat, 2/170.
[76] Al-Alqanwi, Abd al-Hayy, Abi al-Hasnat, al-Fayd al-Bhaiyya fi Tarajam al-Hanafiyya, Dar al-Saadah, Egypt, al-Tabaqat al-Awli, 1324 A.H., p. 57.
[77] Abd al-Qadir Al-Qurashi, al-Jawahir al-Madhiyya, 1/383.
