AL-SUBK ’S JAMʿ AL-JAW MIʿ: A CONCEPTUAL

CRITICAL ANALYSIS OF ITS SIGNIFICANCE,

METHODOLOGY AND TERMINOLOGY

BY

MOHAMED JABIR ALI HUDAWI

INTERNATIONAL ISLAMIC UNIVERSITY

MALAYSIA

2013
 AL-SUBK ’S JAMʿ AL-JAW MIʿ: CONCEPTUAL
CRITICAL ANALYSIS OF ITS SIGNIFICANCE,
METHODOLOGY AND TERMINOLOGY

BY

MOHAMED JABIR ALI HUDAWI

A dissertation submitted in fulfilment of the requirement

for the degree of Master of Islamic Revealed Knowledge
and Heritage (Fiqh and U ūl al-Fiqh)

Kulliyyah of Islamic Revealed Knowledge and Human

Sciences
International Islamic University
Malaysia

FEBRUARY 2013
 ABSTRACT

Understanding the contributions of Muslim legal theorists is very pertinent to the

contemporary studies on u ūl al-fiqh. Accordingly, this study presents a critical
appraisal of one of the classical works, entitled Jamʿ al-Jaw miʿ by T j al-D n al-
Subk . The work was selected as a sample for its scholarly acceptance. It adopts the
qualitative research methodology. It also benefits from the earlier studies on the topic.
The author is from a well-known Sh fiʿ -Ashʿar family who lived in 8th century A.H.
during the Mamlūk dynasty. He has many significant works on various subjects. Jamʿ
al-Jaw miʿ is one of his u ūl works in which he discusses all important u ūl issues in
a rhetorically terse language collating from about hundred sources. It generally
follows the then prevailing structure, by incorporating pure theological and moral
issues thereby giving it a unique form. Besides the sources of law and its applications,
it also covers u ūl-related issues from kal m and fiqh. The author adopts a distinct
methodology in the work by taking lessons from the past. The present study identifies
seven such methodologies and elaborates each one of them with examples from the
text. Besides, it classifies and analyses terminologies employed by the author. The
study observes that the wider acceptance of the book by scholars was most likely
behind the increased number of works on the text, thus listing more than hundred such
works classified under different categories. At the same time, many criticisms are
leveled against it, some of which are reasonable. Though the recent academic reforms
reduced its traditional significance, nevertheless, the text is still alive in academic
discussions, albeit, in Arabic. Thus, the study suggests that there should be more
works on the text in foreign languages and it is worth translating.

ii
 ‫خاصة البحث‬

‫إن فهم إسهامات اأصولين القدامى أمر مهم جدا للدراسات امعاصرة ي أصول الفقه‪ .‬لذلك تقدم‬
‫هذ الدراسة تقييما نقديا لكتاب "مع اجوامع" لتاج الدين السبكي‪ .‬وقد م اختيار ك موذج للكتب‬
‫الراثية اأصولية‪ ،‬لكونه مقبوا لدى العلماء والطاب عر التاريخ وي كل البلدان‪ .‬وتعتمد هذ الدراسة‬
‫"السبك" ال اشتهرت ي عصر‬ ‫على ام هج التحليل ال صي‪ .‬ومؤلف هذا الكتاب هو من أسرة ُ‬
‫امماليك‪ .‬وله مص فات عدة ي ف ون ش ‪ .‬ومع اجوامع من أهم كتبه اأصولية‪ ،‬إذ ي اقش فيه ميع‬
‫القضايا اأصولية بلغة بليغة‪ ،‬ووجيزة‪ ،‬مستمدة من حوا مائة مصدر مت وع‪ .‬وحتوي على القضايا ذات‬
‫الصلة باأصول من علم الكام واللغة والفقه‪ ،‬فضا عن امصادر اأصلية والتبعية وما يتعلق بتطبيقاها‪.‬‬
‫إضافة إ القضايا العقدية واأخاقية احضة ما أضفى على الكتاب شكا فريدا غر مسبوق‪ ،‬بالرغم‬
‫من اتباعه العادة السائدة ي ذلك الوقت ي ترتيب الكتاب وتقسيمه‪ .‬وقد اعتمد امؤلف أسلوبا متميزا‬
‫ي كتابه من خال ا اذ العرة من م اهج امؤلفن السابقن‪ .‬وقد ركزت هذ الدراسة على سبعة م اهج‬
‫م ها مع التفاصيل ي ضوء اأمثلة والشواهد من الكتاب‪ .‬ا جانب ذلك‪ ،‬يستخدم امؤلف بعض‬
‫امصطلحات ال م تص يفها و ليلها ي هذ الدراسة‪ .‬واحظت الدراسة أن القبول الواسع للكتاب‬
‫لدى العلماء هو السبب اأكر وراء الشروح الكثرة أقيمت عليه حيث حاوز عددها امائةز وي الوقت‬
‫نفسه و ِجه الكثر من اانتقادات للكتاب‪ ،‬م ها ما هو معقول‪ .‬على الرغم من أن اإصاحات‬
‫اأ كادمية اأخرة خفضت أميته التقليدية‪ ،‬فإن الكتاب مع شروحها ا يزال حاضرا ي الرسائل اجامعية‬
‫قيقا ودراسة‪ .‬وأخرا ‪ ،‬فإن الدراسة تشر إ أنه ي بغي أن يكون دراسات أكثر حول هذا الكتاب‬
‫وم هجه‪ ،‬بلغات أج بية‪ ،‬فضا عن الرمة كاملة‪ ،‬حيث إن الدراسات السابقة كلها ي اللغة العربية‬
‫فقط‪.‬‬

‫‪iii‬‬
 APPROVAL PAGE

I certify that I have supervised and read this study and that in my opinion it conforms
to acceptable standards of scholarly presentation and is fully adequate, in scope and
quality, as a thesis for the degree of Master of Islamic Revealed Knowledge and
Heritage (Fiqh and U ūl al-Fiqh).

………...………………………….
Hikmatullah Babu Sahib
Supervisor

I certify that I have read this study and that in my opinion, it conforms to acceptable
standards of scholarly presentation and is fully adequate, in scope and qualify, as a
dissertation for degree of Master of Islamic Revealed Knowledge and Heritage (Fiqh
and U ūl al-Fiqh).

…………………………………..
Mohamed El-Tahir El-Mesawi
Internal Examiner

This dissertation was submitted to the Department of Fiqh and U ūl al-Fiqh and is
accepted as a fulfilment of the requirement for the degree of Master of Islamic
Revealed Knowledge and Heritage (Fiqh and U ūl al-Fiqh).

…………………………………..
Ahmad Basri Ibrahim
Head, Department of
Fiqh and U ūl al-Fiqh

This dissertation was submitted to Kulliyyah of Revealed Knowledge and Human

Sciences and is accepted as a fulfilment of the requirement for the degree Master of
Islamic Revealed Knowledge and Heritage (Fiqh and U ūl al-Fiqh).

…………………………………..
Mahmood Zuhdi Abdul Majid
Dean, Islamic Revealed
Knowledge and Human Science

iv
 DECLARATION

I do hereby declare that this dissertation is the result of my own investigation, except

where otherwise stated. I also declare that it has not been previously or concurrently

submitted as a whole for any other degrees at IIUM or other institutions.

Mohamed Jabir Ali Hudawi

Signature………………………… Date…………………………

v
 INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA

DECLARATION OF COPYRIGHT AND AFFIRMATION OF

FAIR USE OF UNPUBLISHED RESEARCH

Copyright © 2013 by Mohamed Jabir Ali. All rights reserved.

AL-SUBKĪ’S JAMʿ AL-JAWĀMIʿ: CONCEPTUAL CRITICAL

ANALYSIS OF ITS SIGNIFICANCE, METHODOLOGY AND
TERMINOLOGY

No part of this unpublished research may be reproduced, stored in a retrieval

system, or transmitted, in any form or by any means, electronic, mechanical,
photocopying, recording or otherwise without prior written permission of the
copyright holder except as provided below.

1. Any material contained in or derived from this unpublished research

may only be used by others in their writing with due
acknowledgement.

2. IIUM or its library will have the right to make transmit copies (print of
electronic) for institutional and academic purposes.

3. The IIUM library will have the right to make, store in a retrieval
system and supply copies of this unpublished research if requested by
other universities and research libraries.

Affirmed by Mohamed Jabir Ali Hudawi

([email protected])

…………………………….. …………………………..

Signature Date

vi
 ACKNOWLEDGEMENTS

In the Name of All h, the Most Merciful and the Most Compassionate.

Praise be to All h, the Nourisher-Sustainer of the Universe and His regard and
Salutation be on His chosen Prophet Mu ammad.

There are many people whom I should thank for their support and encouragement. I
would like to begin with my supervisor Assist. Prof. Dr. Hikmatullah Babu Sahib to
whom I owe my sincere gratitude for guiding, supervising and encouraging me to
successfully accomplish this work. I wish to express my profound gratitude to Prof.
Mohamed El-Tahir El-Mesawi, for his valuable suggestion and critical assessment. I
do owe special gratitude to my teachers at Darul Huda Islamic University, especially
from whom I studied Jamʿ al-Jaw miʿ. My special thanks to Darul Huda for
providing the much needed and appreciated financial support throughout my sojourn
at IIUM. I am grateful to Dr. Shafeeq Hussain Al-Hudawi for his guidance and
immense help during my study. I would also like to thank all my lectures, colleagues,
friends and staff who assisted me in various ways and means.

Words cannot express my heartfelt gratitude to my beloved grand mother,

parents, brothers and sisters for their continuous encouragement and support and to
my wife for her patience and prayers. Thanks to Almighty who blessed me with
Ahmad Mahir, my first kid, during this thesis writing. May All h shower His infinite
bounties and blessings on all of them. I am alone responsible for any shortcoming that
remains. To All h belongs all perfection.

vii
 TABLE OF CONTENTS

Abstract .......................................................................................................................... ii
Abstract Arabic ............................................................................................................. iii
Approval Page ............................................................................................................... iv
Declaration ..................................................................................................................... v
Copyright Page.............................................................................................................. vi
Acknowledgements ...................................................................................................... vii
List of Tables ..............................................................................................................XII
List of Figures ............................................................................................................. xiii
Transliteration Table ................................................................................................... xiv

CHAPTER ONE: INTRODUCTION TO THE STUDY ......................................... 1

1.1 Statement of the Problem.............................................................................. 4
1.2 Research Questions ....................................................................................... 5
1.3 Objectives of the Study................................................................................. 6
1.4 Scope of the Study ........................................................................................ 6
1.4 Significance of the Study .............................................................................. 7
1.5 Literature Review ......................................................................................... 7
1.6 Methodology of the Study .......................................................................... 14
1.7 Organization of the Study ........................................................................... 15

CHAPTER TWO: AL-SUBKĪ-BIOGRAPHY AND ACHIEVEMENTS ............ 17

2.1 Time of Al-Subk ........................................................................................ 17
2.1.1 Political Situation ............................................................................. 18
2.1.2 Socio-Cultural Milieu....................................................................... 22
2.1.3 Religio-Educational Condition ........................................................ 23
2.2 Biography of Al-Subk ............................................................................... 25
2.2.1 Family Background .......................................................................... 25
2.2.2 Life of al-Subk ................................................................................ 29
2.2.3 Teachers ........................................................................................... 32
2.2.4 Students of al-Subk ......................................................................... 35
2.2.5 Schools of Thought and Law ........................................................... 41
2.3 Contributions of Al-Subk .......................................................................... 43
2.3.1 The List of al-Subk ’s Works ........................................................... 43
2.3.2 An Analysis of al-Subk ’s Works in U ūl al-Fiqh ........................... 47

CHAPTER THREE: AL-SUBKĪ’S JAMʿ AL-JAWĀMIʿ: A GENERAL

OVERVIEW ............................................................................................................... 51
3.1 The Work .................................................................................................... 51
3.1.1 Title .................................................................................................. 51
3.1.2 The Authorship and Date ................................................................. 53
3.1.3 The Significance of Jamʿ al-Jaw miʿ .............................................. 53
3.1.4 Writing Style of Jamʿ al-Jaw miʿ.................................................... 55
3.1.4.1 Method of the Theologians ( ar qat al-Mutakallim n) ......... 55

viii
 3.1.4.2 Method of the Jurists ( ar qat al-Fuqah ’) .......................... 56
3.1.4.3 Method of Reconciliation ...................................................... 57
3.1.4.4 Method Followed by al-Subk ............................................... 57
3.2 Structure of the Text ................................................................................... 59
3.3 Synoptic Analysis of the Text..................................................................... 64
3.3.1 Subject Matter of U ūl al-Fiqh ........................................................ 64
3.3.1.1 Sources of Law ...................................................................... 65
3.3.1.1.1 The Qur’ n .................................................................. 65
3.3.1.1.2 Sunnah......................................................................... 65
3.3.1.1.3 Ijm ʿ ............................................................................ 66
3.3.1.1.4 Qiy s ........................................................................... 67
3.3.1.1.5 Al-Istidl l .................................................................... 68
3.3.1.2 Issues Related to Application ................................................ 69
3.3.1.2.1 Equality between Indicators and its Solutions ............ 69
3.3.1.2.2 Ijtih d and Mujtahid ................................................... 70
3.3.1.2.3 Maq id al-Shar ʿah ................................................... 71
3.3.2 U ūl-Related Issues .......................................................................... 72
3.3.2.1 Linguistic Issues .................................................................... 72
3.3.2.2 Theological Postulates ........................................................... 74
3.3.2.3 Fiqh Discussions .................................................................. 75
3.3.2.3.1 General Maxims of Fiqh ............................................. 77
3.3.2.4 Logical Issues ........................................................................ 78
3.3.3 Other Disciplines .............................................................................. 78
3.3.3.1 Pure Theological Issues ......................................................... 79
3.3.3.2 Ta awwuf or Spiritual Aspects .............................................. 80
3.4 Sources of Jamʿ Al-Jaw miʿ....................................................................... 80
3.4.1 An Analysis of the Sources .............................................................. 91
3.4.2 Schools and Sects Mentioned in the Text ........................................ 92

CHAPTER FOUR: A CRITICAL STUDY OF JAMʿ AL-JAWĀMIʿ ................... 95

4.1 Al-Subk ’s Methodology in Jamʿ Al-Jaw miʿ ........................................... 95
4.1.1 Defining Technical Terms................................................................ 96
4.1.1.1 Omission of Definitions ........................................................ 97
4.1.1.1.1 Linguistic Definition (al-Taʿr f al-Lughaw ). ............. 98
4.1.1.1.2 Definition of Some Terms .......................................... 98
4.1.1.1.3 One of the Antonyms .................................................. 98
4.1.1.2 Retention of Established Definitions ..................................... 99
4.1.1.2.1 Verbatim Acceptance .................................................. 99
4.1.1.2.2 Acceptance with Modifications ................................ 100
4.1.1.2.3 Accommodating Disagreements ............................... 101
4.1.1.3 Types of Definitions ............................................................ 102
4.1.1.3.1 Real Definition (al- add al- aq q ) ........................ 102
4.1.1.3.2 Literal Definition (al-Taʿr f al-Lafẓ )........................ 102
4.1.1.3.3 Defintion by Classification (al-Taʿr f bi al-Taqs m) 103
4.1.1.3.4 Defintion by Examples (al-Taʿr f bi al-Mith l) ........ 104
4.1.1.4 Extracting Definition ........................................................... 104
4.1.1.4.1 From Definition to Discussion .................................. 104
4.1.1.4.2 From Discussion to Definition .................................. 105
4.1.2 Explaining Evidences ..................................................................... 106

ix
 4.1.2.1 The Ways of Providing Evidences ...................................... 106
4.1.2.2 Reasons for Providing Evidences ........................................ 106
4.1.2.3 Types of Evidences.............................................................. 108
4.1.3 Citing Examples ............................................................................. 109
4.1.4 Responding to the Opposite Views ................................................ 111
4.1.4.1 Outright Rejection ............................................................... 111
4.1.4.2 Answering the Plausible Questions ..................................... 112
4.1.5 Recording the Opinions of Scholars .............................................. 113
4.1.5.1 Maximum Number of Opinions .......................................... 113
4.1.5.2 Omitting Some Opinions ..................................................... 114
4.1.5.3 Naming the Opinion Holders............................................... 115
4.1.5.4 Concealing Some Opinions ................................................. 118
4.1.5.5 Chronological Sequencing................................................... 119
4.1.6 Quoting Others ............................................................................... 119
4.1.6.1 Sources of Quoting .............................................................. 120
4.1.6.2 Verbatim Quoting ................................................................ 120
4.1.6.3 Synoptic Quoting ................................................................. 120
4.1.7 Indicating the Preferred Opinion .................................................... 121
4.1.7.1 By Suitable Terms ............................................................... 121
4.1.7.2 By Beginning ....................................................................... 121
4.1.7.3 By the Number of Scholars ................................................. 122
4.1.7.4 By Expressing the Weak ..................................................... 122
4.1.7.5 No Preferrence ..................................................................... 123
4.2 Special Terminology................................................................................. 123
4.2.1 Terminology to Denote the Authenticity of Opinions ................... 123
4.2.1.1 Terms Clearly Denoting Preponderance ............................. 124
4.2.1.1.1 Al- aqq (The Truth) ................................................. 124
4.2.1.1.2 Al- aw b (Correct Opinion) ..................................... 125
4.2.1.1.3 Al- a (Valid Opinion) .......................................... 126
4.2.1.1.3 Al-A a (Most Valid Opinion) ................................ 127
4.2.1.1.4 Al-Mukht r (Chosen Opinion) .................................. 127
4.2.1.1.5 Al-Arja (Most Preferred Opinion) ........................... 127
4.2.1.1.6 Al-Aẓhar (Most Apparent Opinion) .......................... 128
4.2.1.1.7 Al-Madhhab (Chosen Opinion in Madhhab) ............ 128
4.2.1.1.8 Al-Wajh (Reasonable Opinion) ................................. 129
4.2.1.2 Terms Designating the Preferred Opinion ........................... 129
4.2.1.2.1 Al-Jumhūr (Opinion of the Majority) ....................... 129
4.2.1.2.2 Al-Akthar (Opinion of Most Scholars) ...................... 130
4.2.1.2.3 Al-Ashbah (Most Resembling Opinion) .................... 131
4.2.1.2.4 Al-Ra’y (Best Opinion) ............................................. 132
4.2.1.2.5 ʿInd (My Opinion).................................................... 132
4.2.1.3 Terms Denoting the Weak Opinion ..................................... 134
4.2.1.3.1 Zaʿama (It is Claimed) .............................................. 134
4.2.1.3.2 Q la (It is Said) .......................................................... 134
4.2.1.4 Terms Denoting Disagreement ............................................ 135
4.2.1.4.1 Wa-law (Even if) ....................................................... 135
4.2.1.4.2 Wa-kadh (Likewise) ................................................ 136
4.2.1.4.3 Wif qan li (In Agreement with) ................................ 137
4.2.1.4.4 Khil fan li (As Opposed to) ...................................... 137

x
 4.2.2 Terminolgy to Denote the Names .................................................. 138
4.2.2.1 Al-Im m .............................................................................. 138
4.2.2.2 Al-Q ḍ ................................................................................ 139
4.2.2.3 Al-Shaykh al-Im m ............................................................. 139
4.2.2.4 Al-Ust dh ............................................................................ 140
4.2.2.5 Al-Shaykh ............................................................................ 140
4.3 Criticism of Jamʿ al-Jaw miʿ ................................................................... 141
Figure 4.3: Criticisms against Jamʿ al-Jaw miʿ ..................................... 142
4.3.1 General Criticisms.......................................................................... 142
4.3.2 Specific Criticisms ......................................................................... 145
4.3.2.1 Style .................................................................................... 146
4.3.2.1.1 Elongation (I lah) .................................................... 146
4.3.2.1.2 Obscurity ( j z) ......................................................... 147
4.3.2.1.3 Misleading ( h m) ..................................................... 148
4.3.2.1.4 Inversion (Qalb) ........................................................ 148
4.3.2.1.5 Avoidance of the Most Suitable ................................ 150
4.3.2.2 Selection .............................................................................. 151
4.3.2.2.1 Definitions................................................................. 151
4.3.2.2.2 Preponderance ........................................................... 152
4.3.2.3 Citation ................................................................................ 153

CHAPTER FIVE: INFLUENCE OF JAMʿ AL- JAWĀMIʿ ON LATER

DEVELOPMENT OF UṢŪL AL-FIQH................................................................. 155
5.1 Source for Later Scholarship .................................................................... 155
5.2 As Part of the Religious Curricula ............................................................ 157
5.2.1 Emergence as a Textbook .............................................................. 158
5.2.2 Consolidating the Position as a Textbook ...................................... 159
5.2.3 In the Curricula of Higher Learning Institutes ............................... 162
5.2.4 Across the World............................................................................ 163
5.3 The Works on Jamʿ al-Jaw miʿ ............................................................... 166

CONCLUSION ........................................................................................................ 181

BIBLIOGRAPHY .................................................................................................... 184

APPENDIX ............................................................................................................... 193

xi
 LIST OF TABLES

Table No. Page No.

2.1 The Ba r Mamlūk dynasty 19

2.2 The works of T j al-D n al-Subk 44

3.1 Synoptic analysis of the contents of Jamʿ al-Jawamiʿ 62

3.2 The sources of Jamʿ al-Jaw miʿ 82

3.3 The sects mentioned in Jamʿ al-Jaw miʿ 93

5.1 The works on Jamʿ al-Jaw miʿ 167

xii
 LIST OF FIGURES

Figure No. Page No.

2.1 The social classes during the time of al-Subk 22

2.2 The family tree of al-Subk 26

3.1 Chapter-wise division of the text 63

3.2 Space allocated to each topic 63

4.1 Methodology used in Jamʿ al-Jaw miʿ 96

4.2 The scale of preponderance 124

4.3 Criticisms against Jamʿ al-Jaw miʿ 142

xiii
 TRANSLITERATION TABLE

CONSUNETS

Arabic English Arabic English

‫ء‬ ’ ‫ض‬ Ḍ

‫ب‬ B ‫ط‬ Ṭ

‫ت‬ T ‫ظ‬ Ẓ

‫ث‬ Th ‫ع‬ ʿ
‫ج‬ J ‫غ‬ Gh

‫ح‬ Ḥ ‫ف‬ F

‫خ‬ Kh ‫ق‬ Q

‫د‬ D ‫ك‬ K

‫ذ‬ Dh ‫ل‬ L

‫ر‬ R ‫م‬ M

‫ز‬ Z ‫ن‬ N

‫س‬ S ‫و‬ W

‫ش‬ Sh ‫ه‬ H

‫ص‬ Ṣ ‫ي‬ Y

LONG VOWELS SHORT VOWELS

‫أ‬ A ‫آ‬ Ā

‫إ‬ I ‫إي‬ Ī

‫أ‬ U ‫أو‬ Ū

xiv
 CHAPTER ONE

INTRODUCTION TO THE STUDY

T j al-D n ʿAbd al-Wahh b al-Subk 1 (727–771 A.H.) is a well-known Islamic scholar

who has left his mark on a number of disciplines, including Islamic law, Arabic

grammar, biography, etc. Among his works, Jamʿ al-Jaw miʿ is one of the most

remarkable one, being widely accepted by scholars as an authentic work in u ūl al-

fiqh.

U ūl al-fiqh is an essential component in understanding Islamic law and other

related disciplines. It discusses the manner of approaching the Qur’ n and ad th

(tradition) in extrapolating the Islamic viewpoint on a particular issue. It is a well-

organized method of research within Islamic sources, which was developed by early

Muslim scholars. Many scholars consider it as the most important and useful among

the sharʿ sciences. 2 Thus, from the beginning of the field, various scholars have

modified and adapted it in order to satisfy the demands of their time and space. The

same holds true in the particular context of our contemporary world, where this

discipline needs more scholarly attentions and contributions.

The calls for the restoration of the shar ʿah as a complete politico-legal system

are gaining momentum throughout the Muslim world. The demand for Islamization of

the entire legal system of a particular country is a Herculean task that requires

sophisticated understanding of the principles of shar ʿah and its application in the

1
His given name is ʿAbd al-Wahh b, whereas al-Subk is his family name. However, in this research,
he is referred to as al-Subk .
2
Abū mid Mu ammad ibn Mu ammad al-Ghaz l , Al-Mu ta f min ‘Ilm al-U ūl, ed. amzah ibn
Zuhayr al- fiẓ, (Jiddah: Sharikat al-Mad nah al-Munawwarah li al- ab ʿah, 1413 A.H), Vol. 1, p. 4;
ʿAbd al-Ra m n Mu ammad Ibn Khaldūn, Muqaddimat Ibn Khaldūn, ed. ʿAl ʿAbd al-W id W f ,
(Al-Q hirah: D r Nahḍat Mi r, 3rd edn. 1979), Vol. 3, p. 1061.

1
contemporary context. This sets u ūl al-fiqh as a relevant and important discipline for

the present generation as well.

However, the discussions on the subject could not be isolated from previous

developments in this field. Modern works are expected to preserve the continuity with

earlier contributions. Therefore, a clear idea of what had been done thus far is a

prerequisite for any further innovation in this regard. Classical u ūl scholars, through

their various works, have elaborated deeply and analyzed in detail the methods and

modes of deriving legal rules from religious sources.

As any other discipline developed by the Muslims, u ūl al-fiqh was developed

after the first century A.H., 3 as the first generation could dispense with the issues

discussed therein. Nay the way that the Companions derived the law from the sources

forms the basis of the principles discussed in u ūl al-fiqh. As the distance from the

original sources of the law widened, later scholars required new methods to verify the

sources and extrapolate the law from them to new cases and situations. This

eventually led to the formation of u ūl al-fiqh as a discipline, thanks to the efforts of

al-Sh fiʿ whose Ris lah is considered as the first systematic work in this field that

discusses all fundamental principles. 4 Later on, scholars from other schools also

produced works on the subject, which helped to expand the discussion. The scholarly

3
Many works have been written on the development of u ūl al-fiqh. The ongoing account is primarly
based on Ibn Khaldūn, Vol. 3, p. 1061-1063. For details see Shaʿb n Mu ammad Ism ʿ l, U ūl al-Fiqh:
T r khuhu wa Rij luhu, (Al-Riy ḍ: D r al-Mirr kh, 1981), ʿAbd al-Sal m Bl j , Ta awwur ʿIlm U ūl al-
Fiqh wa Tajadduduhu, (Mi r: D r al-Waf ’, 2007) and Wael B. Hallaq, A History of Islamic Legal
Theories: An Introduction to Sunn U ūl al-Fiqh, (New York: Cambridge University Press, 2005).
4
The role of al-Sh fiʿ and his al-Ris lah in the development of u ūl al-fiqh is well established and
widely recognized. Considering him as the ‘founding father’ of the discipline only means that he
elaborated the principle and initiated the systematic writing on the subject. It does not imply that he
created the principles which were not employed by the earlier generations as some orientalists assumed.
This is just like August Comte being known as the founding father of Sociology, despite the fact that
issues were discussed long before him. Nevertheless, recently few scholars have questioned the image
of al-Sh fiʿ as the founding father of u ūl al-fiqh. Hallaq, history, 21-35; Wael B. Hallaq, “Was al-
Sh fiʿ the Master Architect of Islamic Jurisprudence?” International Journal of Middle East Studies,
25 (1993): 587-605.

2
disagreements got their space in u ūl discussions. Gradually theological and logical

issues also began to be discussed in the u ūl works.

Naturally, scholars adopted various approaches in compiling their works; as

influenced by their affiliations to different theological and juristic schools. The

anafites treated the subject based on their school of law, whereas the Mutakallimūn

(sing. mutakallim. Refers to those professing ʿilm al-Kal m i.e., scholastic theology),

on the other hand discussed the subject logically. Among hundreds of works written

on the subject, few emerged as outstanding on which scholars wrote commentaries or

they abridged it. There are two types of works in u ūl, like other disciplines, which is

known as mu awwal (extended work) and mukhta ar (concise work). The first type of

works present the issues with all details by providing examples, evidences, arguments

and counter arguments. On the other hand, mukhta ar treats the whole subject briefly

and concisely. In the medieval period, mukhta ar t was so popular that all major

works were abridged by scholars.

The history of u ūl works can illustrate this trend. For example, among the

mutakallimūn, four works are considered as the basis of later works. They are: [1] al-

ʿUmad by al-Q ḍ ʿAbd al-Jabb r and its commentary [2] al-Muʿtamad by Abū al-

usyan al-Ba r , [3] al-Burh n by Im m al- aramayn, [4] al-Musta f by al-Ghaz l .

Many works were written on each of these four works separately. At the same time,

al-Im m al-R z in his al-Ma ūl and Sayf al-D n al- mid in his al-I k m f U ūl al-

A k m recapitulated the previously mentioned four works. Though both authors were

among mutakallimūn, their works differ from each other in the way of discussion and

argumentation. Many of the later works were related to these two works, as

commentary, abridgement, etc. Al-Ma ūl was abridged by Sir j al-D n al-Armaw in

al-Ta l and by T j al-D n al-Armaw in al- l. Al-Bayḍ w further abridged al-

3
 il in a concise work entitled Minh j. At the same time, al-I k m was abridged by

Ibn al- jib in his work entitled al-Muntah , which he further summarized in his

work popularly known as Mukhta ar Ibn al- jib. Historians record that both these

works, Minh j and Mukhta ar, were well accepted that people studied and wrote

commentaries on it. Naturally, scholars who make compendium of or commentaries

on an earlier work follow their style and methodology and even their opinions to some

extent. As a result, it can be viewed as two semi-schools; al-R z ’s school (madrasat

al-R z ) and al- mid ’s school (madrasat al- mid ).

At this juncture, al-Subk ’s role is worth mentioning. He compiled

commentaries on both Mukhta ar and Minh j. Accordingly, he could have acquainted

himself with the methods of both these schools. This also helped him to develop his

own u ūl personality without totally submitting to any particular school. Now, he

successfully produced his own work entitled Jamʿ al-Jaw miʿ, which provides a new

style and methodology by combining the earlier experiences. In this book he discusses

important scholarly views from different schools of law and gives preponderance to

the most authentic one. In addition, it contains short description of all major principles

in u ūl al-fiqh. Thus, it occupies a distinct position among the classical works. A

critical study of the text will help those who are interested in this field to understand

the discipline from within.

1.1 STATEMENT OF THE PROBLEM

Interests in Islamic studies especially on the classical works have increased recently in

the academia of the West and the East. Both Muslim and Oriental scholars have

discussed and contributed many works to different branches of Islamic disciplines.

Despite these immense scholarly endeavours, unfortunately, u ūl al-fiqh has not been

4
discussed much, as it deserves. The works dealing with u ūl al-fiqh, in comparison to

Islamic law, is still few in English language. This is evident from the fact that there is

still no consensus among scholars about the English equivalent of the term u ūl al-

fiqh.5 However, some works have appeared recently, thanks to the growing trend to

study shar ʿah in English. Most of them are arguably either partial, as they deal with

the subject selectively, or they lack credibility, as they ignore totally the classical

contributions in this regard.

As such, there is a dare need for comprehensive studies of classical

contributions in this crucial field of Islamic jurisprudence. Definitely, al-Subk ’s Jamʿ

al-Jaw miʿ can serve as a model for understanding the classical developments in u ūl

al-fiqh. The importance of Jamʿ al-Jaw miʿ stems from the fact that, it is one of the

marvellous texts written in u ūl discourse, in which the author compiles major views

about the principles of Islamic law prevalent in his time, which surprisingly are still

very much relevant to our understanding of u ūl.

Thus, this research is an attempt to give an account of classical works in u ūl

al-fiqh by studying al-Subk ’s Jamʿ al-Jaw miʿ. This study will look into the text

analytically as well as critically to see why it has become so popular and acceptable

among the scholars. In this respect, it will study the methodology of al-Subk together

with his life and contributions.

1.2 RESEARCH QUESTIONS

This research will attempt to answer the following questions:

1. What are the contributions of al-Subk ?

5
U ūl al-fiqh has been translated differently by various scholars. It has been called as “Theoretical
Jurisprudence” (Weiss, 1998), “Islamic Jurisprudence” (Nyazee, 2002), “Source Methodology in
Islamic Jurisprudence” (Al-Alwani, 2003) and “Islamic legal theory” (Hallaq, 2005), etc.

5
 2. Why is Jamʿ al-Jaw miʿ important in the u ūl discourse?

3. What is the structure and contents of Jamʿ al-Jaw miʿ?

4. What are the methods that the author adopts in Jamʿ al-Jaw miʿ?

5. What is the contribution of Jamʿ al-Jaw miʿ to the later discourse?

1.3 OBJECTIVES OF THE STUDY

The researcher intends to achieve the following objectives:

1. To highlight the life and contribution of al-Subk .

2. To examine the significance of Jamʿ al-Jaw miʿ.

3. To analyse the structure and content of Jamʿ al-Jaw miʿ.

4. To evaluate the methodology of al-Subk in Jamʿ al-Jaw miʿ.

5. To elucidate the impact of Jamʿ al-Jaw miʿ on later scholarship.

1.4 SCOPE OF THE STUDY

The study will include a critical appraisal of the content and methodology of Jamʿ al-

Jaw miʿ. It will give special attention to study the significance of al-Subk ’s

methodology with an analysis on its strengths and weaknesses. Furthermore, the

research will proffer an account of the time and life of al-Subk . It will list his works

with special focus on the u ūl books. Likewise, the study will examine the scope of

Jamʿ al-Jaw miʿ as a source for later scholars. However, needless to say, it is

impossible to cover all aspects of the text in a short study such as this. Therefore, the

primary aim of this study is to concentrate on the major methods of al-Subk with a

discussion of the main content of the text.

6
1.4 SIGNIFICANCE OF THE STUDY

The importance of this study is that it is the first attempt, to the best knowledge of

researcher, to study Jamʿ al-Jaw miʿ in English, which is emerging as a lingua franca

and as a language of Islamic studies. This work is particularly relevant, given the fact

that the researcher hails from Kerala, a southern Indian state, where Jamʿ al-Jaw miʿ

is still part of the curriculum in most Islamic institutions. The recent trend to teach

traditional Islamic subjects in English make this undertaking more relevant and

justified.

1.5 LITERATURE REVIEW

Many studies have been done on al-Subk ’s life and works by both Muslim and non-

Muslim scholars. As his masterpiece, Jamʿ al-Jaw miʿ has attracted more scholarly

attention. Thus, classical as well as modern scholars have written many commentaries,

super commentaries, glosses, marginalia and even versifications on it. Nevertheless,

these works did not address the methodology adopted by al-Subk in his books. It was

the later scholars who began to study this aspect independently.

For example, David W. Myhrman studied al-Subk ’s famous work entitled

Muʿ d al-Niʿam wa Mub d al-Niqam. He provides a partial translation of this work in

order to discuss major themes of the book. However, as the first study on this book,

his concentration was to compare the available manuscripts of the book. While

briefing the major works of al-Subk , he provides a short account of important

commentaries on Jamʿ al-Jaw miʿ.6

Afterwards, Mu ammad al- diq usayn studied the same work in his book

al-Bayt al-Subk : Bayt ʿIlmin f Dawlatay al-Mam l k. This book is primarily a study

6
David W. Myhrman, “Introduction and notes” in T j al-D n ʿAbd al-Wahh b al-Subk , Muʿ d al-
Niʿam wa Mub d al-Niqam, (London: Luzac &Co., 1978), 26-30.

7
about the famous scholars from al-Subk ’s family. However, a major portion of the

book covers a discussion on al-Subk ’s concerns about social and political reforms in

the light of the aforementioned book. Meanwhile, he deals very briefly with the

intellectual importance of Jamʿ al-Jaw miʿ.7

Recently, some scholars have edited commentaries on Jamʿ al-Jaw miʿ. As

introductions to their works, they discuss al-Subk and his magnum opus Jamʿ al-

Jaw miʿ, though in a limited scope. For example, the editor of Manʿ al-Maw niʿ,

Saʿ d ibn ʿAl Mu ammad al- umayr provides intellectual biography of al-Subk and

introduces his u ūl works. And he compares its methodology with that of Jamʿ al-

Jaw miʿ 8 as both are the works of al-Subk . Likewise, ʻAbdul Kar m al-Namlah

introduces al-Subk and talks about the title and authorship as well as the methodology

of Jamʿ al-Jaw miʿ and he records the names of 38 books written as commentaries on

it9 in his study on one of them known as al-Ḍiy al-L mi by Hulūlu, a 9th century

M lik scholar. Similarly, Abū ʿAmr al- usayn looks into the methodology of al-

Subk in his study on Tashn f al-Mas miʿ bi Jamʿ al-Jaw miʿ, a commentary by al-

Zarkash . 10 Furthermore, Mu ammad T mir ij z illustrates the significance and

methodology of Jamʿ al-Jaw miʿ in the introduction to his edition of al-Ghayth al-

7
Mu ammad al- diq usayn, Al-Bayt al-Subk : Bayt ʿIlmin f Dawlatay al-Mam l k, (Al-Q hirah:
D r al-K tib al-Mi riyyah, 1948), 19-20.
8
Saʿ d ibn ʿAl Mu ammad al- umayr , “Dir sah awla al-mu’allif wa al-kit b” in T j al-D n ʿAbd
al-Wahh b al-Subk , Manʿ al-Maw niʿ ʿan Jamʿ al-Jaw miʿ, (Bayrūt: D r al-Bash ’ir, 1999), 43-59.
This was his doctoral thesis from Umm al-Qura University, Saudi Arabia, 1990.
9
ʿAbd al-Kar m ibn ʿAl al-Namlah, “Muqaddimat al-mu aqqiq” in A mad ibn ʿAbd al-Ra m n
ulūlū, Al-Ḍiy ’ al-L miʿ Shar Jamʿ al-Jaw miʿ f U ūl al-Fiqh, (Al-Riy ḍ: Maktabat al-Rushd,
1999), Vol. 1, p. 3-103.
10
Abū ʿAmr al- usayn, “Muqaddimat al-Ta q q” in Badr al-D n Mu ammad ibn Bah dur al-
Zarkash , Tashn f al-Mas miʿ bi Jamʿ al-Jaw miʿ, (Bayrūt: D r al-Kutub al-ʿIlmiyyah, 2000), Vol. 1,
p. 5-8. All quoting from al-Zarkash are taken from this edition.

8
H miʿ, an abridgment of al-Zarkash ’s commentary on Jamʿ al-Jaw miʿ by Wal al-

D n al-ʿIr q .11

Afterwards, Murtaḍ al-D ghist n in his work on al-Badr al- liʿ, a

commentary by al-Ma all 12, gives prefotorial study of the work.13 The introduction

explains, among other issues, the earlier works, which have influence on the

compilation of Jamʿ al-Jaw miʿ. The first chapter offers biographical details of al-

Subk ; his name and family, his life and death, his teachers and students, and his

scholarship and works, whereas the second chapter introduces al-Ma all . Likewise,

Mu ammad Ibr m al- afn w in his glosses on al-Kawkab al-S iʿ, the versification

of Jamʿ al-Jaw miʿ by Jal l al-D n al-Suyū , briefly explains the significance and

methodology of Jamʿ al-Jaw miʿ.14 Later on, Ma mūd ʿAbd al-Ra m n and Munta ir

Mu ammad jointly did authentication of the same book, wherein they traced the

position of Jamʿ al-Jaw miʿ among the classical works of its genre. They also provide

a short account of al-Subk ’s methodology together with a catalogue of major

commentaries on Jamʿ al-Jaw miʿ.15 The commentary of al-Zarkash was later edited

11
Mu ammad T mir ij z , “Muqaddimat al-mu aqqiq” in Wal al-D n Abū Zarʿah A mad ibn ʿAbd
al-Ra m al-ʿIr q , Al-Ghayth al-H miʿ: Shar Jamʿ al-Jaw miʿ, (Bayrūt: D r al-Kutub al-ʿIlmiyyah,
2004), 3-7.
12
He is Mu ammad ibn A mad ibn Mu ammad, Jal l al-D n al-Ma all who has been given the title
of al-Sh ri al-Mu aqqiq (the verifying commentator) for his great contributions in writing
commentaries for major works such as al-Waraq t in u ūl and al-Minh j in fiqh. He was born in 791 in
Cairo and studied from al-Jal l al-Bulq n , al-Wal al-ʿIr q , Ibn ajar and ʿIzz ibn Jam ʿah.
Mu ammad ibn ʿAl al-Shawk n , Al-Badr al- liʿ bi Ma sin man baʿda al-Qarn al-S biʿ, ed. Khal l
al-Man ūr, (Bayrūt: D r al-Kutub al-ʿIlmiyyah, 1998), Vol. 2, p. 42.
13
Abū al-Fid ʿ Murtaḍ ʿAl , “Qism al-dir sah” in Jal l al-D n Abū ʿAbd All h Mu ammad ibn
A mad al-Ma all , Al-Badr al- liʿ f all Jamʿ al-Jaw miʿ, (Bayrūt: Mu’assasat al-Ris lah N shirūn,
2005), Vol. 1, p. 7-62. All quoting from al-Ma all are taken from this edition.
14
Mu ammad Ibr m al- afn w , “Muqaddimat al-mu aqqiq” in Jal l al-D n ʿAbd al-Ra m n al-
Suyū , Shar al-Kawkab al-S iʿ f Naẓm Jamʿ al-Jaw miʿ, (Al-Q hirah: Dar al-Sal m, 2005), Vol. 1,
p. 10-17.
15
Ma mūd ʿAbd al-Ra m n and Munta ir Mu ammad, “Muqaddimat al-ta q q” in Jal l al-D n ʿAbd
al-Ra m n al-Suyū , Shar al-Kawkab al-S iʿ f Naẓm Jamʿ al-Jaw miʿ, (Al-Q hirah: D r al-Kit b
al-Isl m , 2006), Vol. 1, p. 193-231.

9
jointly by ʿAbd al-ʿAz z and ʿAbd All . They also briefly discuss the methodology,

merits and importance of Jamʿ al-Jaw miʿ.16

Interestingly even those who studied the super commentaries have also

provided few details on the original matn and its author. For example, ʿAbd All h al-

Mazam studied and edited a part of Isʿ f al-Ma liʿ, a commentary on al-Badr al-

L miʿ, versification of Jamʿ al-Jaw miʿ by Mu ammad Ma fūẓ al-Tarmas . 17 The

first part of his work introduces these three works and their authors in four chapters;

the first of which is about al-Subk and his work.

Nevertheless, all these works lack elaboration. Since these studies are not

directly on Jamʿ al-Jaw miʿ, they are very brief and limited. Their main aim is to

introduce al-Subk and provide a general overview of his work. Thus, they fail to give

a clear picture of al-Subk ’s distinct methodology. They are primarily concerned with

elucidating the meanings of the terms and explicating the terminology of the text,

albeit, in a traditional manner.

In contrast, A mad Ibr h m asan asan t devotes his whole thesis to study

al-Subk ’s methodology in u ūl al-fiqh by referring to all his four major u ūl works:

Rafʿ al- jib, al-Ibh j, Jamʿ al-Jaw miʿ and Manʿ al-Maw niʿ. 18 Of the three

chapters of his thesis, the first two are introductory on the author and his

aforementioned works respectively, whereas the third attempts to understand al-

Subk ’s u ūl methodology from his aforesaid works.

16
ʿAbd al-ʿAz z and ʿAbd All h Rab ʿ, “Khu bah al-kit b” in Badr al-D n Mu ammad ibn Bah dur al-
Zarkash , Tashn f al-Mas miʿ bi Jamʿ al-Jaw miʿ, (Al-Q hirah: Maktab al-Qur ubah, 2nd edn., 2006),
Vol. 1, p. 15-24.
17
ʿAbd All h ibn ʿAl al-Mazam, “Isʿ f al-Ma liʿ bi Shar al-Badr al-L miʿ Naẓm Jamʿ al-Jaw miʿ
Ta’l f al-ʿAll mah Mu ammad Ma fūẓ ibn ʿAbd All h al-Tarmas : Dir sah wa Ta q (min awwal
kit b al-Qiy s il khirihi),” (Unpublished Ph.D. thesis, Umm al-Qura University, Saudi Arabia, 1428
A.H). <http://libback.uqu.edu.sa/hipres/FUTXT/4898.pdf> (accessed on 01 January 2012).
18
A mad Ibr h m asan al- asan t, “Al-Im m T j al-D n al-Subk wa Manhajuhu f U ūl al-Fiqh,”
(Unpublished Master thesis, University of Jordan, Amman, 2002).

10
 In the first chapter, he looks into the historical background of al-Subk ’s time,

the family of al-Subk , his life and education, his scholarship, his intellectual

contribution, the positions he held among other things. He attributes 55 works to al-

Subk with reference to different sources. Besides, he lists four works, which have

been wrongly attributed to the author.

The following chapter of the book gives an overview of the four works under

different sections (mab ith). The details on Jamʿ al-Jaw miʿ are in the third mab ath

in which he explains the writing style of text, its importance and significance. He

partially discusses the sources of Jamʿ al-Jaw miʿ by mentioning few scholars who

have been mentioned in the text. He enumerates the maximum number of works

written on the matn under various categories with reference to the sources, details of

publication or manuscripts. However, the list has a few errors, which the researcher

will mention in the respective discussion.

The final chapter examines the methodology of al-Subk in his u ūl works. He

identifies ten issues. Four of them, i.e. his methodology in [a] quoting, [b] discussing

fiqh issues, [c] his approach to the scholars by whom he seems to be influenced and

[d] integrity among his works, has been discussed generally by citing examples from

any of the aforesaid works. Whereas he does not include Jamʿ al-Jaw miʿ in three

issues which are about his methodology in respect of [a] identifying the point of

difference (ma all al-niz ʿ), [b] disputation (mun qashah) with and replies (rudūd) to

the opponents, and [c] recording the ad th. These issues are discussed with reference

to his other u ūl works, as he does not feel their relevance to Jamʿ al-Jaw miʿ. He

deals with Jamʿ al-Jaw miʿ separately in respect of the remaining three methods of:

[a] mentioning the definitions, [b] recording the opinions, and [c] explaining

evidences and examples.

11
 This shows that al-Subk has a distinct methodology in Jamʿ al-Jaw miʿ. On

the other hand, some of his methods are general that can be found in all of his works.

This study is a good attempt to understand al-Subk ’s methodology in u ūl al-fiqh

comprehensively. Accordingly, he builds a solid base for further studies on the

methodology of al-Subk . Nevertheless, as a study on four of his work, Jamʿ al-

Jaw miʿ is not the prime concern of the study.

At the same time, ʿAq lah goes further and gives more details on different

aspects of the text as her thesis is directly on Jamʿ al-Jaw miʿ. 19 After providing

biographical account of al-Subk , she analyses the significance of the text by listing

the scholars and their works on it. She also looks into the methodology applied in the

text, by illustrating its features as a mukhta ar and discussing the path that the author

follows therein. Further, she examines the sources by reproducing the list provided by

al-Subk in his Rafʿ al- jib. Whereas, she takes some later works to find out how the

work has been quoted by the later scholars. Finally, she briefly discusses the chapters

of the text and author’s methodology in discussing the topic. In this way, she provides

the necessary details on the methodology, though it is only as an introduction to her

edit of the text.

li al-Zank did further contributions to the study of al-Subk ’s methodology

by focusing on Jamʿ al-Jaw miʿ separately. His work, Maʿ lim al-Tur th al-U ūl 20

is an indepth analysis of the text as a model, in order to provide students with an easy

understanding of the classical works. He classifies his book broadly into three

chapters. The first one, being an introductory chapter, highlights the life and

19
ʿAq lah usayn, “Jamʿ al-Jaw miʿ f ʿIlm U ūl al-Fiqh li ʿAbd al-Wahh b ibn ʿAl T j al-D n ibn
al-Subk : Dir sah wa Ta q q,” (Unpublished Ph.D. thesis, University of Algiers, 2005-2006).
<http://ia600709.us.archive.org/20/items/Rasa2ilJami3iaMJJ/HOCINE AKILA.PDF> (accessed on 16
August 2011).
20
li al-Zank , Maʿ lim al-Tur th al-U ūl : Kit b Jamʿ al-Jaw miʿ li al-Im m Ibn al-Subk
Namūdhajan, (Kuala Lumpur: D r al-Tajd d, 2007).

12
contributions of al-Subk along with a general idea about Jamʿ al-Jaw miʿ. He

catalogues its commentaries, versifications, etc. without any reference or details.

Further, it provides a brief account of those who appear to be the most influential on

al-Subk in their contributions to Jamʿ al-Jaw miʿ, such as the sects, and scholars that

he mentions in the text. However, the discussion is brief and lacks elaboration.

The second chapter is the central theme of the book, wherein he explains the

methodology of al-Subk in Jamʿ al-Jaw miʿ. He identifies ten methods, which are

special to al-Subk . Each one is discussed separately under sub-headings giving

suitable examples from the text. To an extent, he succeeded in identifying the methods

and some of the special terms used by the author.

The final chapter assesses the academic value of Jamʿ al-Jaw miʿ. This

includes the discussion on the complexity of the text as well as the criticisms levelled

against it. However, the limitation of this chapter is that, the author extensively relies

upon the commentary of al-Ma all , one of the best commentators on Jamʿ al-

Jaw miʿ. Consequently, he ignores the comprehensive nature of criticisms, which has

started from the time the book was completed. This is evident from the fact that, in

this chapter, he never mentions the name of Manʿ al-Maw niʿ, written by the author

himself, in order to answer the criticisms by his colleagues.

In short, there are few studies on al-Subk and his work. Most of them are by

editors of its commentaries which form as their respective introductions. They merely

listed few pointes without any elaboration, making them inadequate to understand the

methodology of the author in his text. The works of ʿAq lah usayn, Ibr h m asan t

and li Zank , however, present more details on al-Subk ’s methodology and thus

forming the basis for future studies on the text. Nevertheless, all these studies were

done independently without benefiting each other. Thus, a further study based on the

13
current findings can complete this endeavour. Accordingly, the present study has

benefited from all these works and re-examined some of their findings. It adds many

new details and collates various points which have been scattered in different studies.

It also refers to many new sources which, according to the researcher’s surprise, have

been ignored by the earlier studies. Furthermore, most of the aforementioned studies

are in Arabic language, which confines, more or less, to its scope. Hence, a study of

the book in English language may widen its reach to the new generation who study

Islamic law and shar ʿah in English. The present study seems to be the first attempt in

this regard. In view of the above situation, this research is expected to do a more

comprehensive and critical study of Jamʿ al-Jaw miʿ with special focus on its style,

methodology, terminology as well as its impact on later scholarship.

1.6 METHODOLOGY OF THE STUDY

As a study on the classical text, methodology of this study is qualitative. It will use

inductive methods utilizing primary sources, which includes both modern and

classical works on u ūl al-fiqh in general and on Jamʿ al-Jaw miʿ in particular. For

better understanding of the text, the researcher will rely upon al-Subk ’s other works

as well as the major commentaries written, especially that by al-Ma all and al-

Zarkash . Further references are made to the super commentaries by Ibn Q sim, al-

Bann n , al-ʿA r21 and the glosses by al-Sharb n . The study will follow the critical

approach to identify the merits and demerits of al-Subk ’s methodology in the text. It

will objectively trace the position of Jamʿ al-Jaw miʿ in u ūl discourses. To study the

21
asan ibn Mu ammad ibn Ma mūd al-ʿA r was born in 1190, Cairo. He became the Shaykh al-
Azhar in 1246. Khayr al-D n al-Zirikl , Al-Aʿl m: Q mūs Tar jim li Ashhur al-Rij l wa al-Nis ’,
(Bayrūt: D r al-Kututb al-ʿIlmiyyah, 1986), Vol. 2, p. 220.

14
methodology of al-Subk , the present researcher made use of the available studies by

al-Zank , Ibr h m and ʿAq lah.

Most of the sources for this study are Arabic works. The researcher provides

the translation wherever necessary. Likewise, the work consists of many translated

passages from Jamʿ al-Jaw miʿ and its commentaries. All these were translated by the

researcher by taking every care to guarantee the accuracy except where a freer

rendering would have sounded more useful. The researcher has been obliged to add

few words, which have been enclosed in square brackets, to ensure the smooth

understanding of the text. The technical terms which have distinct meaning have been

retained in their Arabic form for which English equivalents or explanatory notes are

given in their first occurrence. In this regard the researcher has benefited from the

available u ūl works in English language. Occasionally some information is given in

the form of figures and tables, where few abbreviations have been used. They are

explained at their relevant places. Generally, the dates and years are given according

to the Hijrah Calendar except where the context suggests otherwise.

1.7 ORGANIZATION OF THE STUDY

This study is organised in five chapters and a conclusion. The first chapter sets a

general background to the study. It begins with a brief history of the development of

u ūl al-fiqh to the time of al-Subk . Then it states the research problem, questions,

objectives, methodology, scope and significance of the study. The literature review

explores the current trend of the studies on Jamʿ al-Jaw miʿ.

Second Chapter looks into the biographical history and achievements of al-

Subk . In order to understand the life and scholarship of the author, the chapter

provides a brief account of his time. It covers the political situation, socio-cultural

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milieu and religio-educational conditions of that period. After introducing the family

of al-Subk , it enters to his life with details on his birth, education, status, and his

intellectual persuasions. The contributions of the author have also been listed.

The Third Chapter provides an overview of the work. It examines the title, date

and authorship of the text. Then it explores the significance of the text and

comparatively examines the writing styles that the author follows in its compilation.

Further, it illustrates the structure and content of the text. It classifies the content to

three categories and further elaborates each one of them. Finally, it lists the plausible

sources of the text by naming those scholars who have been mentioned therein.

Chapter Four studies the text critically in order to understand the author’s

methodology and terminology. It identifies seven distinct methods and elaborates

them by citing relevant examples from the text. Then it finds out the special terms that

the author employed in the text. They are arranged under two categories. The usage of

each term has been exemplified with reference to their occurrence in the text. Lastly,

the chapter makes a general survey on the criticism levelled against the work.

Chapter Five checks the influence of the work on the later development of the

discipline. Firstly, it takes few samples to observe how far it has been referred to in

the later works. The samples are wisely selected from different schools and at

different periods. Then it explores the role of Jamʿ al-Jaw miʿ as a textbook for the

u ūl studies. It goes through the history of Jamʿ studies in various parts of the world

by adherents of different schools. Finally, the chapter lists the works done on the text

classified into various categories.

The conclusion summarizes the main points discussed in the study. It also

enumerates the important findings of this research.

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 CHAPTER TWO

AL-SUBKĪ: BIOGRAPHY AND ACHIEVEMENTS

This chapter introduces the author. It draws a picture of the environment in which he

lived by analysing the political, socio-cultural and intellectual conditions of his period.

Later a brief sketch of his life is provided. As he hails from a well-known family, it

also looks into his family background. Finally his works has been listed with a special

analysis of his contributions to u ūl al-fiqh. Thus, this chapter familiarises the author

inasmuch as paving the way for a critical appraisal of his work which would be done

in the following chapters.

2.1 TIME OF AL-SUBKĪ

Thoughts and contributions of a scholar are influenced by his time and place.

Scholarly works are written as a response to the challenges of the time and in

accordance with the need of the hour. Even socio-political situations have a role in

moulding their concepts and shaping their works. They depend on the available

literatures of their time. Thus, having a better understanding of the historical

background of any scholar is pertinent to a critical study of his work. Al-Subk and his

Jamʿ al-Jaw miʿ are not exceptions to this rule. Here the researcher would briefly

analyse the time of al-Subk in its various aspects to understand the significance of his

works and their contributions. First, let us look into the environment in which al-Subk

lived.

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