Exploration into Muḥaqqiq Ḥillī’s Jurisprudential Method in Referring the Sīra of the Apostle of Allah (S.A.W.)
Journal Title: تاریخ و فرهنگ - Year 2013, Vol 45, Issue 91
Abstract
Besides being applied in various fields such as ethics and history, Sīra of the Apostle of Allah (S.A.W.) has been employed in jurisprudence and is referred to in jurisprudential impressions, as well. The degree of validity of the reports contained in books of sīra in view of the jurists and their rules and methodology of reference to reports of the sīra books is a topic that has attracted less attention of researchers. The present writing seeks to examine the instances of Muḥaqqiq Ḥillī’s (d. 676/1277) reference to the sīra of the Apostle of Allah (S.A.W.) and, thereby, clarify hi jurisprudential method in employing the Prophetic sīra. Thus, by touching upon the works left behind by Muḥaqqiq Ḥillī, especially his Sharāyi‘ al-Islām and Al-Mu‘tabar, he has extracted and analyzed the instances of his reference to the Prophetic sīra. In his scrutiny of the conducts reported about the Apostle of Allah (A.S.), Muḥaqqiq Ḥillī has been able to trust in and rely upon only some of them, which is due to his suspicion in the issuance of the traditions and the degree of the significance and validity of what had been set forth as the sīra of the Prophet. The uṣūlī rules that Muḥaqqiq Ḥillī has used to confirm the true sīra of the Prophet have made difficult and unreliable the maximal acceptance of what has been known as the Prophet’s sīra. His minimal approach to the reports of the sīra science is to be analyzed and measured from this perspective
Authors and Affiliations
ManṣūR DāDāShnizhāD, MarḍIya SāDāT HāShimī
Ibn Sa‘d’s Traditionistic View concerning the Early History of Islam: A Case Study of Imam ‘Alī’s (A.S.) Biography in Al-Tabaqāt al-Kubrā
Al-Ṭabaqāt al-Kubrā by Muḥammad b. Sa‘d Baṣrī (d. 230/844) is one of the significant books on the biography of the Prophet (S.A.W.), his companions, successors to the companions, and the transmitters of ḥadīth up to the...
Role of the Shī‘a Scholars in Secular Nationalism and Modernization of the Judicial System of the first Pahlavī Era
Throughout the history of the Islamic Iran the judicial system has always been based on common law and canon law (sharī‘a). Upon the formalization of Shī‘ism as the official school (nadhhab) in the Safavid era, the Shī‘a...
The slaves of the Quraysh: a study of the Quraysh discourse against the Ridda movement (the Apostates)
The purpose of the present paper is to focus on the eleventh year of the Islamic calendar in order to achieve a new reading of the Ridda / Apostasy movement and to prove that the Quraysh caliph had meant by Islam to addr...
Fatimid al-Hakim and Dhimmi Copts: Conversion to Islam and Apostasy The
The phenomenon of Conversion to Islam in the territories conquered by the Muslim Arabs, is one of the ambiguous and controversial topics in the Studies of Islamic History. Major part of the social transformation of Copts...
Study of the Historical Roots of Calenders’ Chahārḍarb (The Four-fold Shaving of the Head)
Study of the works left behind from the pre-Islamic culture of Iran and the periods after that indicate the fact that growing the hair of one’s head and beard has not been regarded as a negative point. The faces of noble...