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ABŪ BAKR AL-KĀSĀNĪ'S WORK " BADĀʾIʿ AL-ṢANĀʾIʿ FI TARTIB
ASH-SHARA'I'" IN THE WORK OF THE UNIQUE METHODS OF
SORTING FIQH RULES
Qambarov A’zam Muxammadali o‘g‘li
International Islamic academy of Uzbekistan
Senior teacher of Islamic studies and study of
Islamic civilization ICESCO chair
https://doi.org/10.5281/zenodo.12697374
ABSTRACT.
The opinions expressed in the article are formulated in
accordance with the requirements of the methodological principles and
traditional methods of the Ḥanafī faith. Opinions on social welfare are observed
on the basis of modern standards based on the book "Badā’i‘ al-ṣanā’i‘ fī tartīb al-
sharā’i‘" written by the jurist of Samarkand, Abū Bakr al-Kāsānī, and based on
the jurisprudence rules and legal arguments introduced in Central Asia in
general, in particular in our Republic.
Key words:
Badā’i‘, Ṣanā’i, Kāsān, farḍ, wajib, sunnah, evidence, ijmāʿ,
qiyās, asl, ʾUṣūl, furu', permissible, Islām, sharīʿah.
The researcher scientist Fadwa ʿAbd al-‘Ālim Aḥmad At-Toyyari focuses on
revealing the peculiarities of Abū Bakr al-Kāsānī's methods of arranging fiqh
rules in the work "Badā’i‘ al-ṣanā’i‘ fī tartīb al-sharā’i‘" in the scientific research
work entitled "Corrections of Imām al-Kāsānī in the work "Badā’i‘ al-ṣanā’i‘".
Below are the notable aspects of Fadwa ʿAbd al-‘Ālim Aḥmad At-Tayyari's work:
"Imām al-Kāsānī's corrections in the book of hunts and slaughtered
animals."
It contains four matlabs, the first of which is:
A sign that determines whether a fish that floats to the surface is edible or not.
1. Edit the disputed positions in this issue:
There is no disagreement among the scholars regarding the halalness of eating
caught fish, as it is blessed in Surah al-Māida verse 96.: “
َو ِة َراَّيَّسلِل َو ْمُكَّل اًعاَتَم ُهُماَعَط َو ِرْحَبْلا ُدْيَص ْمُكَل َّل ِحُأ
ِ رُح
ْيَلَع َم
َبْلا ُدْيَص ْمُك
ُقَّتا َو اًم ُرُح ْمُتْمُد اَم ِ ر
َيِذَّلا َ اللّ ْاو
َنو ُرَشْحُت ِهْيَلِإ
.
“Lawful to you is the pursuit of water-game and its use for food for the
benefit of yourselves and those who travel; but forbidden is the pursuit of land-
game: as long as ye are in the Sacred Precincts or in pilgrim garb. And fear God
to whom ye shall be gathered back!”
1
1
Sheikh ʿAbd al-ʿAzīz Manṣūr. Translation and interpretation of the meanings of the Holy Qurʾān. Tafsir-books. –
Tashkent - 2023. – P. 124.
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“
In our Ḥanafī Madhhab, it is permissible to eat only fish from aquatic
animals. Only a fish that has died for no reason (and is upside down) is not eaten
(Books Al- Hidāyah, "Al-Iḥtiyār").”
2
In a ḥadīth narrated by Jābir ibn ʿAbd Allāh, may Allah be pleased with
him, the Prophet, may God bless him and grant him peace, said:
َلاَق ِالله ِدْبَع ِنْب ِرِباَج ْنَع
:
َمَّلَس َو ِهْيَلَع ُالله ىَّلَص ِالله ُلوُس َر َلاَق
:
ِهيِف َتاَم اَم َو ُهوُلُكَف ُهْنَع َر َزَج ْوَأ ُرْحَبْلا ىَقْلَأ اَم
ُهوُلُكْأَت لاَف اَفَط َو
.
ُنْبا َو َد ُواَد وُبَأ ُها َو َر
يِنْطُق َراَّدلا َو ْهَجاَم
.
Jābir ibn ʿAbd Allāh, may God bless him and grant him peace, narrates from
the Messenger of God, may God bless him and grant him peace: "Eat what the sea
casts out (to the shore) or what remains on the shore when the water recedes.
But do not believe that he died without an external cause and rose to the surface
of the water" (narration of Abū Dāwūd, Ibn Mājah and Dāraquṭnī).
This is what the jurists of our sect said about this:
"
تام امو لکؤی ةفٓاب تام ام نإ كمسلا ةحابإ يف لصلاا
لا ةفآ ريغب
لک ٔوی
.
“ The original rule regarding the halal of fish is that it is permissible to eat
it if it has died due to some external calamity. It is not permissible to eat it if he
died without an accident or external cause" ("Radd al-muḥtār", vol. 5, p. 248.)
3
There is a difference between the opinions of popular scholars and
scholars of the Ḥanafī school about eating fish that have floated to the surface of
the water. Public scientists say that it is permissible to eat such fish.
According to the Ḥanafī school of thought, it is forbidden to eat fish that
has floated to the surface of the water. Another point on which the Ḥanafī school
disagreed about the fish floating on the surface of the water is whether the fish is
on its back or dead. The first difference that a fish is on its back is that the fish is
not dead, it may have come to the surface due to an accident, or it may have
suffocated due to lack of air.
The second difference in the cause of death of the fish is that it did not die
without incident, regardless of whether it floated to the surface or not.
These two differences are the basis of the disputes in this matter.
The scholars of the Ḥanafī school differed on two points, the first is that
the fish that died due to an unknown event, regardless of whether they floated to
the surface of the water or not, belong to one category, i.e. non-halal (unlawful
dead). Second, fish that float to the surface are still considered dead, whether
2
Is
it
possible
to
eat
dead
fish
in
a
container?
#ҳалол_ҳаром.
Fatvo.uz.
25.08.2021.https://www.facebook.com/diniysavollar/posts/355463149643474/?locale=ms_MY
3
Muslim Board of Uzbekistan Fatwa Center.FATVO.UZ. https://t.me/s/Diniysavollar?before=5475
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due to an accident or suffocation. Some of the scholars of the Ḥanafī sect are of
the same opinion.
If it is said that a fish that has floated to the surface of the water is a fish
that has floated to the surface of the water in a dead state, and it is treated that it
does not matter for what reason it died, then it is considered that it is not
permissible to eat that fish, and therefore a dead fish is not eaten; because a fish
that floats to the surface of the water is considered dead, so a dead fish is not
permissible according to the Hanafis.
If a fish that floats to the surface of the water is called a fish that died a natural
death, not as a result of an event or external influence, then it is not permissible,
and it is not permissible to eat the dead fish. it doesn't matter if it pops up or not.
Such a fish is not considered to have been killed by an incident, it is considered
muboh and can be eaten.
This is the root of the original issue in jurisprudence, and it is the ruling of
a fish that floats to the surface of the water. The scholars of Ḥanafī jurisprudence
have two opinions when it comes to this matter, but their isnads are not
mentioned.
I will try to find a source that can be used as an isnad for both of these
points and I will say:
To prove the first opinion (this is the opinion that a fish that floats to the
surface of the water is a fish that has died naturally, regardless of whether it
floated to the surface of the water or not, and not because of any external
influence or event...) According to some of the Sharīʿah proofs that can be
obtained, it is haram to eat the flesh of a dead animal. Including dead fish meat.
It is based on the content of the verse of Allah Almighty: "
ُةَتْيَمْلٱ ُمُكْيَلَع ْتَم ِ رُح
" -
"Forbidden to you (for food) are: dead meat".
The aspect of quoting Allah's verse as evidence is as follows: The reason
why Allah has forbidden His servants to eat the meat of dead animals is that
eating such meat causes blood diseases for the human div, as well as harms his
religion and div.
Among the sea fish, it is permissible to eat the flesh of the fish that floats to
the surface of the water and it is forbidden to eat it. The flesh of the fish that
comes out of it is permissible because it is not clear how the fish died, but if it is
clear how it died or was killed, it follows that eating it is not permissible..
Regarding the argument that can be the basis of the second opinion (this
opinion is about the fact that the fish floated to the surface of the water
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regardless of how it died): not only fish in this case, but also any animals are
included in the category of dead, and the flesh of any dead animal is not eaten.
Superiority: The first of these two views is superior because the
description given to the fish that floated to the surface of the water is based on
the cause of the death of the fish. In Mobo, if the cause of death of fish is known,
then the fish is not included in this category, but if the cause of death is
unknown, it is included in this category, that is, in the category of dead fish,
because the sign of the cause of death narrows the scope of consumption of the
fish and expands its scope. The fact that the prohibitions in the limitation of the
cause of death of the fish, the certainty of the death or the permission in the
limitation of the mubah, is a factor that sheds light on the question of its
indeterminacy. is in accordance with Sharīʿah evidence. Allah is the most
knowledgeable.
The second matlab: Jallala judgments about the use of animals
1-Editing Disputes:
Jallala: "Jallala" are animals that are used to eating impure things and
excrement, and because of eating a lot of them, both themselves and their milk
are putrid. The scholars of the sect said that it is not halal to eat the meat and
drink the milk of a "jallala" animal, whose food consists of all or most of the
unclean things, but if those animals are tied up and fed with clean suckers for a
certain period of time, then it is permissible to eat their meat and drink their
milk. Some say that an animal whose meat and milk have a foul smell is "jellala".
According to the Sharīʿah, it is forbidden to eat the meat of the "jallala",
drink its milk, ride on it according to the ḥadīth of our prophet. But if he ibn ds
the animals, gives them clean feed, takes care of them and removes their dirt, it
becomes halal. Then he can drink their meat and milk and ride himself.
There is a difference of opinion as to whether jallala can be used only by
eating the meat of animals and not drinking their milk.
Some people are of the opinion that as long as the above features exist,
such animals cannot be used until they are tied up, given clean food, and taken
care of to remove their impurities.
Others say that it is permissible to use such animals, even if they are not
fed and fed. However, since there are ḥadīths about the fact that the unclean and
unclean things they eat are absorbed into their bodies and skin, and because of
the foul odors emanating from their mouths, bodies, and excrement, they can
cause discomfort and even damage to the health of people around them, so it is
correct to use these animals even in farm work won't be.
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Based on this, the causes of conflict are as follows:
Two sayings on this matter are the reason for the origin of disputes:
The first sentence: It is not halal to feed jalala animals until they have been
tied up and used until their odor is removed.
According to the narration of Muḥammad ibn Al- Ḥasan, this rule came
from Imām Abū Ḥanīfa (r.a.) and Qāḍī Isbijabi and Al- Ḥakīm Ash-Shahīd said it
is permissible.
The second argument: it is possible to use such animals without being tied
up, as long as they do not smell bad, but there is also an opinion that if they smell
bad, then they cannot be used and this idea is found in Al- Qudūrī
4
and As-
Sarakhsī
5
Al-Kāsānī, comparing these two opinions in terms of superiority, says: "
اَم َو
ٌد َوْجَأ هاللَّ ٌهَم ِحَر ٌّيروٌدُقلا َرَكَذ
" (The one mentioned by Al- Qudūrī, may God have mercy
on him, is the best.)
Third: Effect of conflict:
The effect of the conflict is shown in the fact that if it is used from a noble
animal, the smell does not spread.
According to the first qawl: It is not halal to use Jallala unless it is fed with
pure suckling for a certain number of days.
According to the second sentence: It is lawful to use it.
Fourth: Evidence:
The arguments of those who say the first sentence are two, the first is the
evidence of effect, and it is also of two kinds:
1- Ḥadīths prohibiting the use of noble animals: for example: ʿAmr ibn
Shuʿayb narrated a ḥadīth from his father, and his father from his father: "The
Messenger of Allah (pbuh) forbade eating the meat of donkeys on the Day of
Khaibar and riding sacred animals and eating their meat .”
In another ḥadīth narrated by Ibn Abbas: "The Messenger of Allah (pbuh)
forbade riding animals."
In another recorded ḥadīth: "The Messenger of Allah (pbuh) forbade riding
them for Hajj and Umrah, using their meat for food or using them in cases other
than these conditions."
4
Aḥmad ibn Muḥammad ibn Aḥmad ibn Ja'far ibn Hamdan Al- Qudūrī (born in Baghdad in 362 AH and died in
Baghdad in 428) is a Hanafi jurist. His book "Mukhtasar al-Qudūrī " is famous.
5
Muḥammad ibn Aḥmad ibn Abū Sahl Abū Sarakhsī title Shamsul Aimma, judge, mujtahid jurist with great influence
among Hanafi scholars, mutakallim scholar. He is from the people of Sarakhs (Khorasan) and his most famous work is
"Al-Mabsut" which consists of 30 juz and is devoted to issues of jurisprudence and sharīʿah. Accused of speaking
against the Khagan, he was imprisoned in the city of Uzgan, then after his release, he lived in Ferghana and died in 483
AH.
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Evidence from these ḥadīths: Prohibition of eating the meat of Jallalah
animals and riding them.
2- ḥadīths that show that it is necessary to tie them and clean them before
using them, for example: in a ḥadīth narrated from ʿAbd Allāh ibn ʿAmr, he says:
"The Messenger of Allah (pbuh) did not eat the meat of camels, drink their milk,
carry loads on them, ride them. they forbade them until they were tied up for
forty days and nights and fed with pure suckling, except for black (domestic
camels) camels.
Evidential aspect: It is permissible to use them on the condition that they
are fed without causing suffering and harm to people.
The second argument is a mental argument, and it has two ways:
1. Comparison between the prohibition of use and the prohibition of eating
its flesh and drinking its milk. Thus, it is an abomination to eat the flesh and
drink the milk of the nobles until they are tied up and fed with pure suckling.
Also, they cannot be used until they are tied. This prohibition is a ḥadīth
narrated by Ibn Umar, who says: "The Messenger of Allah (pbuh) forbade eating
the meat of animals and drinking their milk."
Al-Kāsānī says: "If one relies on the prevailing opinion that their meat
changes and becomes foul because they eat unclean things, then eating them as
foul-smelling (if smelly) food is makruh, so their use is the same."
2-second way: Iktiron is a way of proving (proving facts based on their
interrelationship), in which several h ḥadīths narrated by the predecessors
include the prohibition of eating the meat and drinking the milk of noble
animals; that these prohibitions are also prohibitions against riding them and
using them in similar activities; This argument is based on the same ruling that it
is not permissible to eat their meat and drink their milk until they have been tied
up for a certain number of days, fed with clean fodder, and cleansed by drinking
clean water. Here is an example of this.
The evidence of those who said the second sentence, i.e. (If one eats
something that removes its stench, it can be used, but if it smells bad, it cannot
be used to avoid suffering and harm to people) has the following evidence:
– Jallalah is prohibited from eating the meat and drinking the milk of
animals because their meat also becomes smelly if used and therefore it is
forbidden to eat it. This ruling is a ruling in the category of "maqulul ma'an" (the
meaning derived from the mind), and such rulings oscillate between existence
and non-existence. Therefore, it is permissible to eat their meat if they are
arrested and treated with clean suckling. The order of this will be the same. The
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evil of forbidding Jallalah without causing it to be used for riding or similar
activities is with its meat and milk. If it itself becomes foul and emits a smell
when applied to the surroundings, riding it is not possible because it causes
suffering to people.
Al-Kāsānī says: "...the meaning of this return is not related to his breed, but
to his emerging gem; Because its use was halal in nature, so this prohibition
arises only because it has changed from its original nature to a different state.”
6
- The prohibition that comes from the analogy of riding is the prohibition
of eating its meat and drinking its milk. Hence, there is no harm in riding them,
even eating their meat and drinking their milk; Harm from their use comes from
the clause "bad smell", but until then there was no harm and no obligation to
feed.
Fifth: Superiority - The second sentence is superior because it refers to the
meaning derived from the mind, and according to it there is no harm in using
and riding animals that do not emit stench. Allah is the most knowledgeable.”
7
If we come to the aspect that Fadwa ʿAbd al-‘Ālim Aḥmad At-Toyyari pays
attention to in his scientific research work entitled "Imām al-Kāsānī's
corrections in the work "Badā’i‘ al-ṣanā’i‘ fī tartīb al-sharā’i‘", it is noticeable that
the scientist understood the essence of al-Kāsānī's research method.
Dr. At-Toyyari explains the materials arranged in these books in the work
without neglecting their origins and fars, qiyas and istihsan. After summarizing
the methodical and Furu'i rules on the issue of halal or haram of fish floating on
the surface of the water, he gives the final conclusion that "According to the
beliefs of the Ḥanafī sect, eating fish floating on the surface of the water is
haram."
In the next issue, which is called Jallala's Rulings on the Use of Animals, Dr.
At-Tayyari directly quotes Al-Kāsānī's views in two places.
1- " Al-Kāsānī says: "If one relies on the prevailing opinion that their meat
will change and become smelly because they eat unclean things, then eating
them as a smelly (if smelly) food is makruh, so their use is the same."
2- Al-Kāsānī says: "...the meaning of this return is not related to his breed,
but to his emerging gem; Because its use was inherently halal, so this prohibition
arises only because it has changed from its original characteristic (honesty).”
8
6
al-Kāsānī Abū Bakr (Alouddin). Badā’i‘ al-ṣanā’i‘ fī tartīb al-sharā’i‘. – V:10. – P.140.
7
Fadwa ʿAbd al-‘Ālim Aḥmad At-Tayyari. Corrections of Imām al-Kāsānī in "Badā’i‘ al-ṣanā’i‘".E/mail: fadwaa
44@gmail/com
8
al-Kāsānī Abū Bakr (Alouddin). Badā’i‘ al-ṣanā’i‘ fī tartīb al-sharā’i‘. – V:10. – P.140.
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Badr ibn Rashid Oli Abdil Latif uses a unique method in researching the
material in this work in his scientific work entitled "Fiqh Rules
9
in Al-Kāsānī's
"Badai'us Sanai'".
The scientist names the subject under investigation, gives methodological
rules about it, and then returns to the interpretation of the meaning of those
rules, citing al-Kāsānī's verbal propositions. In doing so, he summarizes the
lexical and terminological definitions given by fiqh scholars to a specific word in
the process of elucidating the content of each lexical unit in the text of the rule
and provides sources of quotations from them.
A review of the literature on fiqh knowledge shows that the books of furu'
al-fiqh were the primary sources in the early periods, but in later periods these
rules became independent subjects.
In jurisprudential works, the fact that the religious scholars used the rules
in their own way in order to justify their theories (schools) in order to support
their madhhabs is of great importance in enriching the terminology of Furu'.
The study of the development process of the science of Islamic law and the study
of individual jurisprudence issues based on the casuistic method shows that the
science of jurisprudence has emerged as an independent science.
References:
1.
Shayx ʿAbd al-ʿAzīz Manṣūr. Translation and interpretation of the
meanings of the Holy Qurʾān. “Tafsir-books”. Tashkent – 2023.
2.
Al-Kāsānī Abū Bakr (Alouddin). Badā’i‘ al-ṣanā’i‘ fī tartīb al-sharā’i‘. – V:10
9
Badr bin Roshid Oli Аbdil Latif. Saudiya Аrabistoni. Аr-Riyoz. Imom Muhammad bin Saʼud nomidagi Islom
Universiteti. Shariat fakulьteti. 1428 – 1429
ـه
.
دعاوقلا
ةيهقفلا
يف
باتك
عئادب
عئانصلا
يناساكلل
(
ت
.
587
ه
.)
ردب
نب
دشار
لآ
دبع
فيطللا
.
C:\Users\user\Desktop\Badr bin Roshid Oli Аbdil Latif
