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PECULIARITIES IN THE STRUCTURAL STRUCTURE OF ABŪ BAKR
AL-KĀSĀNĪ'S WORK "BADĀ’I‘ AL-ṢANĀ’I‘ FĪ TARTĪB AL-SHARĀ’I‘"
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.12704004
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.
Abū Bakr al-Kāsānī's work " Badā’i‘ al-ṣanā’i‘" begins with " Kitāb al-
Ṭahārah" (Book of Purity) and ends with " Kitāb al- Qarḍ" (Book of Borrowing
and Giving). .
This work contains a total of seven hundred and eighty (780) chapters and
seventy one (71) books. In the work, issues related to such topics as
"Inheritance", "Marriage", "Pension" (social security), "Trade", "Boghism",
"Jihad" are discussed in detail. The main methodological advantage of the work
is that the Shari'a issues are sorted and classified in it.
Abū Bakr ibn Masʿūd al-Kāsānī, in the preface of the work " Badā’i‘ al-
ṣanā’i‘", dwells on the main purpose of writing it and the relevance of writing
this work:
"Until now, there are many works of our masters in this field (fiqh), and all
of them have written excellent and useful books. However, they did not pay
much attention to the classification and classification of Shariah rulings. Only
Muḥammad ibn ʾAḥmad ibn Abū ʾAḥmad Samarqandi (may Allah have mercy on
him) paid attention to this work, the teacher - inheritor and spreader of the
Sunnah, sheikh, ascetic imām, ʿAlāʾ al-Dīn, chairman of the people of the Sunnah.
I also followed my teacher and took his example. The main goal of a book
written in any field is to provide readers with the information they are looking
for in an easy way and bring them closer to the essence of the subject. This goal
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is achieved by skillfully sorting and classifying data based on the nature of the
fields. Sorting is the careful examination of matters by parts, fragments, and
types, and judgment based on rules and criteria. In this way, they are easier to
understand and remember, and the work can become a constant source of
reference. Paying attention to this, I have collected jurisprudential information
in these two books (volumes) according to the order specific to the field (fiqh). I
named my book "Badā’i‘ al-ṣanā’i‘ fī tartīb al-sharā’i‘" in order to be worthy of its
name, because the work is an example of artistic skill in arrangement and
systematization. I ask Allah Almighty to help me finish this book. Hoping for
God's favor and grace, I ask Him to keep my book as a source for passing on the
legacy of the past teachers to the next generation, and for me to keep it as a
memory in this world and in the hereafter. Indeed, He is the Fulfiller of hopes
and the granter of requests!”
1
Allama al-Kāsānī also dwells on the fact that in "Muqaddimah" he touches
the work on the science of jurisprudence:
"Knowing Allah and knowing His attributes, the greatest science after the
science of monotheism is the science of jurisprudence. Fiqh is the science of
halal and haram, sharia and rules. All the prophets were sent to convey these
orders of Allah. Because a person cannot find the right way without knowing the
divine commands, only with the mind. Allah Almighty says: "He gives wisdom to
whom He wills." He who has been given wisdom has been given much good
.”
2
In
some interpretations, it is said that the word "hikmat" refers to the science of
jurisprudence. It is narrated from the Messenger of Allah, may God bless him
and grant him peace: He said: "Among the prayers to Allah, there is no better
deed than the knowledge of jurisprudence." A single scholar who understands
religion is a stronger enemy to the devil than a thousand monuments.
There are countless messages promoting the study of this science”
3
. It is
narrated that a person from Sham came to the presence of ʿUmar - Madinai
Munawwara. When ʿʿUmar ibn al-Khaṭṭāb asked: "Why did you come?", he
replied: "I came to study Tashahhud well." Then ʿUmar cried, even his beard
became wet from his tears, then he said: "By Allah, I hope from God that He will
never punish you."
The work is called in Arabic "Badā’i‘ al-ṣanā’i‘ fī tartīb al-sharā’i‘" and it is
translated into Uzbek as "Fine arts in the arrangement of Shariah matters". But it
1
ʿAlāʾ al-Dīn Abū Bakr ibn Masʿūd al-Kāsānī. Badā’i‘ al-ṣanā’i‘ fī tartīb al-sharā’i‘ (checked and explained by Sheikh
Ali Muḥammad and Sheikh ʿĀdil ʾAḥmad ʻAbd al-Majīd). - Lebanon: Dor al-kutub al-ilmiyya, 1997 (ten volumes).
(hereinafter: Al-Kāsānī. Badā’i‘. ).– V: I. – P.88.
2
Surah Al-Baqarah verse 269.
3
Al-Kāsānī. Badā’i‘. – V: I. – P. 87.
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is difficult to say that this translation was able to fully reflect the content of the
text. This translation has been used for many years. Nevertheless, as a result of
the lexical analysis of the words in the name of the work, it would be better if the
phrase "artistic skill" was used instead of the phrase "fine arts" in the title,
because the meaning of "artistic skill" has priority in the semantics of the phrase
"Badā’i‘ al-ṣanā’i‘ fī tartīb al-sharā’i‘" in the Arabic language. In this case, the title
of the work can be translated into Uzbek as "artistic skill in arranging the laws of
Sharia".
Until now, there are various debates among scholars about whether "
Badā’i‘" is a commentary or not a commentary on "Tuḥfat al-fuqahā’". According
to some scholars, it is a commentary.
4
Dr. Muḥammad Zaki Abdulbar, who carried out a critical edition of "
Tuḥfat al-fuqahā’" in 1959, al-Kāsānī also says that based on the fact that the
information in "Tuḥfat al-fuqahā’" is also included in " Badā’i‘" in the same form,
this work can be considered a commentary on " Tuḥfat al-fuqahā’"
5
. The
research scientist Hefenin expressed a concluding opinion that "It is not a
commentary on "Tuḥfat al-fuqahā’", but a classification that mimics it
6
." There
are cases of support for both opinions among scientists.
Oriental scholar Otto Shpiz believes that calling the work a commentary
on "Tuḥfat al-fuqahā’" is wrong and unfair to the author.
7
.
In the preface to the work, al-Kāsānī stated that he followed his teacher in
terms of style, but nowhere in the work did he say that it was a commentary on "
Tuḥfat". " Tuḥfat" and its author are hardly mentioned in the work. In the work,
the author mainly mentions the work of Imām Muḥammad (d. 189/805) "Ẓāhir
al-riwāyah".
For example, at the beginning of Kitāb ul-Ghasb, he said that Imām
Muḥammad (d. 189/805) had researched the issues related to usurpation and
loss under this topic, and he himself approached this topic in this way
8
. Although
this systematically classified work follows " Tuḥfat" in terms of style, it is
considered that it is far ahead of " Tuḥfat" in terms of artistry in covering the
topics.
Consequently, when comparing the work "Badā’i‘ al-ṣanā’i‘" with the work
" Tuḥfat al-fuqahā’", Al-Kāsānī uses the analytical method of interpretation,
4
Ḥājjī Khalīfa. Kashf al-ẓunūn, – V: I. – P.230-371.; Qurashi. Jawāhir al-muḍīyah. – V: IV. – P. 26.
5
ʿAlāʾ al-Dīn Samarqandi. Tuḥfat al-fuqahā’ (Muḥammad Zaki Abdulbar prepares for publication). – Dasmascus:
1377/1958
6
Heffening, “ Kasani” IA.VI. 374.
7
Otto Spies, “Istanbuler Handschriften zu dem Rechtswerk Bada’i us-Sana’i des Kasani”, Isl., XLI (1969).
8
Al-Kāsānī. Badā’i‘. – V: X. – P. 3.
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which is acceptable and understandable to everyone, in interpreting
jurisprudential issues and rulings. The scientist, citing the text of " Tuḥfat", does
not begin to interpret and interpret it, but uses an independent analytical
method from beginning to end.
Fadwa ʻAbd Al-ʻAlīm ʾAḥmad At-Tayyari quotes Imām Ibn ʿᾹbidīn's
assessment of this work of Imām Al-Kāsānī and adds: "Imām Ibn ʿᾹbidīn al-
Ḥanafī said about this book: "This book is of great importance. There is no equal
among our books.”
9
ʾAḥmad al-Tayyari's next words prove that it would not be
correct to say that when Imām Ibn ʿᾹbidīn meant our books, he meant only the
books that existed before Al-Kāsānī's "Badā’i‘ al-ṣanā’i‘" work.”
10
These words of
the scholars show the high value of the work "Badā’i‘ al-ṣanā’i‘" among the
Muslim jurisprudential heritage.
Based on the experiences of jurists and scholars before him, Al-Kāsānī
focuses on the importance of jurisprudence as a point of reference in the
analysis and clarification of jurisprudential issues in his work "Badā’i‘ al-ṣanā’i‘".
It can be seen that the scholar used jurisprudence rules effectively in the
following cases:
1) After presenting the views of the parties on controversial issues,
justifying the results of the Ḥanafī school; Example: On the question of the
permissibility of wine and pork for dhimmis, Ḥanafī jurists justify their view
with the rule "The original ruling in staying (continuing) is itlaq".
11
2) Advocating the final result of the sect in a matter; For example, in the
Book of Nikah, he answers the objection to the Ḥanafī Madhhab's view that
dowry is a condition for the permissibility of marriage through another rule: "In
such a situation, there is no conflict between our rules.".
12
3) In the event that a court judge thinks that a significant part of an issue
has been concluded, it means that this judgment will be fulfilled; "In rulings
about many, many parts replace the whole", "If ijtihad contradicts the text, it is
invalid."
13
4) In showing that the judgments given on various subjects are based on
the original rules and that there is no conflict and difference between these
rules; That is, "Different opinions on this subject are based on the following
9
Ibn Obidin hoshiyasi. 1-juzʼ 100-b. ) ١٠٠ ١/( نیدباع نبا ةیشاح.
10
Fadwa ʻAbd Al-ʻAlīm ʾAḥmad At-Tayyari. Corrections in the book " Badā’i‘ al-ṣanā’i‘" by Imām Al-Kāsānī. (From
the beginning of the Book of Hunting to the end of the Book of Atonements)., magister. work - Umul Qura University.
2007. E-mail: faadwa@gmail.com
11
al-Kāsānī.Badā’i‘. – V:X. – P.21.
12
Al-Kāsānī. Badā’i‘. – V:III. – P.485.
13
Al-Kāsānī.Badā’i‘. – V:5. – P.52-3.
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principle; According to Imām Shāfiʿī, the limit of qazf is the right of an impartial
servant. According to the rule based on our companions, the rights of Allah and
the servant are considered to exist together in Qazf
.”
14
5) Shar'an eliminates the view that what is forbidden does not have a legal
effect; "(something) that is not mashroo' is not taken into consideration in terms
of judgment”.
15
6) Commenting on the interpretations of Ḥanafī mujtahid jurists on
various topics; "The word is the word of Amin with an oath." "It is true that what
each person does is for himself and not for others"
16
.
7) Analyzing the opinions of the Ḥanafī jurists on the issues on which they
disagreed, and choosing one of them as the preferred one; Shar'an states that it
is more appropriate to accept the view of Abū Ḥanīfa citing the rule that "what is
false is equal to what is not true".
17
8) Criticizing views that he disagrees with by bringing up various
ideological differences within the sect;
Explains that the statute of limitations precludes testimony under the rule
that "judgment depends not on wisdom, but on clear reason".
18
9) If there are places based on intellectual arguments in the issues, in
interpreting them; He mentions the rule "Responsibility that does not tolerate is
impossible" in explaining the intellectual argument he gave to prove the
matter..
19
10) Commenting on narrative evidences (narratives) based on
jurisprudential rulings, characterizing them and describing their flaws. For
example; The Qurʾān explains the prescribed amount of "mash" in the verse "
wash your head
20
..." through the rule "The whole judgment is executed on many
parts
21
".
11) In quoting narrations narrated from the Companions as evidence and
interpreting these narrations; When explaining the views of the Ḥanafī sect, he
mentions the ijma of the companions, and when explaining that ijma, he cites the
rule "The absolute is spread over the perfect".
22
14
Al-Kāsānī.Badā’i‘. – V: IX. – P.242.
15
Al-Kāsānī.Badā’i‘. – V: IV. – P.206-7.
16
Al-Kāsānī.Badā’i‘. – V: VIII. – P.330.
17
Al-Kāsānī.Badā’i‘. – V: X. – P.183–4.
18
Al-Kāsānī.Badā’i‘. – V: I. – P.507.; – V: III. – P.575; – V: IX. – P.56.; – V: X. – P.332.
19
Al-Kāsānī.Badā’i‘. – V: I. – P.552-3.
20
Moida,5/6.
21
Al-Kāsānī.Badā’i‘. – V: I. – P.103.
22
Al-Kāsānī.Badā’i‘. – V: VIII. – P.99.
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12) When citing the opinions of jurists on these issues in subjects that do
not rely on direct nass (narrative evidence); Under the contract, if there is a
person who gives permission, it is invalid if he gives permission, and if it is not
given, it cannot be invalid due to permission that is likely to be given later, he
cites the rule "What is not proven by clear evidence cannot be proven by
doubt".
23
13) Emphasizing that this issue is based on this rule in specific examples; In
Ẓāhir al-riwāyah, commenting on the ruling that the intention of a person who
says "you are free" to his wife with the intention of divorce is not authentic, he
emphasizes that this ruling is based on the rule "The ruling that is established
due to necessity is determined by the amount of necessity"
24
.
14) While citing the views of various fiqh schools and Ḥanafī jurists,
explaining the vices and conditions of the judgments they gave; It mentions the
rule that "subsequently granted permission replaces previously granted
authority
25
" or "Contracts pay attention to meaning, not word forms."
26
15) In explaining differences between jurisprudential issues that are
different in terms of judgment despite being similar in form; Reminds of the rule
"The intention is ignored if it is not accompanied by a verb (action)".
27
Or: Explaining that the fasting person's doubts about the sunrise and sunset
are different in terms of their effect on fasting, he cites the rule "A deed done
with faith does not become invalid because of a deed with doubt".
28
16)
In the sense that there is some rule that is overlooked and the judgment is
based on that rule; For example: "A yaqin does not disappear because of doubt
29
",
"Imali (action)
30
of the word is better than neglect (abandonment)", "Baqa
(continuation of action) is easier than initiation (beginning)
31
", "It is determined
according to the amount of needs
32
", "Bayina ( document) to the claimant, and the
oath to the denier
33
" and so on.
23
Al-Kāsānī.Badā’i‘. – V: VI.
24
Al-Kāsānī.Badā’i‘. – V: IV. – P.226.
25
Al-Kāsānī.Badā’i‘. – V: II. – P.396-7.
26
Al-Kāsānī.Badā’i‘. – V: VIII. – P.6.
27
Al-Kāsānī.Badā’i‘. – V: II. – P.396-7.
28
Al-Kāsānī.Badā’i‘. – V: II. – P.634.
29
Al-Kāsānī.Badā’i‘. – V: I. – P.278-9, 359, 378–9, 402, 600.; – V: II. – P.166, 607, 633–4.; – V: III. – P.294; – V: IV. –
P.273, 304, 398, 481; – V: VII. – P. 276; – V: VIII. – P.501.
30
Al-Kāsānī.Badā’i‘. – V: I. – P.121,169; – V: III. – P.264.
31
Al-Kāsānī.Badā’i‘. – V: IV. – P.378.; – V: VIII. – P.126; – V: IX. – P.5542.; – V: X. – P.597.
32
Al-Kāsānī.Badā’i‘. – V: I. – P.151; – V: II. – P.155; – V: IV. – P.246.
33
Al-Kāsānī.Badā’i‘. – V: II. – P.451-2; – V: IV. – P.248; – V: V. – P.283-4; – V: VII. – P.233; – V: VIII. –
P.70,74.75,256-7,500,507; – V: IX. – P.155; – V: X. – P.104.
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In addition to these, the fact that the essence of the points of reference used
and taken as a basis in the clarification of jurisprudential issues within the sect
or in inter-sectarian relations is reflected in the following:
Just as the scholar bases the judgment of the sect on the basis of the rules,
he also criticizes the approaches of the other side on the disputed topics,
sometimes citing evidence from the scriptures, and sometimes directly relying
on the rules.
34
For example, Imām Shāfiʿī (v.y.204/820) says that in order to
prevent the cancellation of the contract due to the loss of quality of the sold
goods in the hands of the seller, a prison sentence is applied to the seller. Al-
Kāsānī, on the other hand, says that since the event of destruction of goods
before the payment of money occurs in very few cases, it is accepted as if it had
never happened, and the seller has the right not to be arrested, and he supports
his opinion with the rule that "In rare cases, there is no judgment", and Imām
Shāfiʿī (v.y.204/ 820) criticizes his opinion.
35
Al-Kāsānī not only mentions the rules based on the Ḥanafī madhhab, but
also mentions the rules based on the scholars of other madhhabs.
36
For example,
Imām Shāfiʿī's opinion that a person who breaks his fast by having sexual
intercourse several times in Ramadan must pay special expiation for each sexual
intercourse according to the rule "The sentence is repeated with the repetition
of the reason".
37
When Al-Kāsānī discusses the views of other fiqh schools, if there is no
conflict between them, he suffices to cite the view and the rule from which it is
based. If there is a difference between them, and the reason for this is only due
to the difference of the rule on the subject, apart from the nass and ijma, the
reason for the difference is stated to be from the rules on which the basis is
derived.
38
Relying on the rules in disputes shows that the differences are due to the
fact that the different approaches to the problem presented are different, and
that the judgments are therefore different. He expresses that the conflicting
opinions between the Shāfiʿīs and the Ḥanafīs regarding the qazf haddi depend
on the original rule as follows: That is, "Different opinions on this subject are
based on the following original; According to Imām Shāfiʿī, the limit of qazf is the
34
Al-Kāsānī.Badā’i‘. – V: I. – P.312-3,348,361; – V: II. – P.50,254-5,420,629; – V:III. – P.78,80; – V: IV. –
P.304,307-8; – V: VI. – P.96; – V: VII. – P.161; – V: X. – P.316-317.
35
Al-Kāsānī.Badā’i‘. – V: VII. – P.247.
36
Al-Kāsānī.Badā’i‘. – V:I. –B.97,191-2,344-5; – V:II. – P.70,392-3,401,416-7,491; – V:III. – P.6-9,80,382-3; – V:IV. –
P.34,211,319,382; – V:V. – P.437,493; – V:VI. – P.57,116,550; – V:VII. – P.22,60,453; – V:VIII. – P.118,373; – V:IX.
– P.33,513; – V:X. – P.41,404,522.
37
Al-Kāsānī.Badā’i‘. – V:II. – P.625.
38
Al-Kāsānī.Badā’i‘. – V:I. – P.332, – V:IX. – P.249,490; – V:X. – P.29,61,522-24.
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right of an impartial servant. According to the rule based on our companions, the
rights of Allah and the servant are considered to exist together in Qazf.
39
Other schools of thought, when presenting controversial issues that reach
different conclusions, sometimes refer to the interpretation and field of
knowledge of the rule and criticize wrong approaches, rather than merely
acknowledging the rule on which they base it.
40
He also says that he abandoned
their views and rules based on them because of nass or ijma' (especially the
consensus of the Companions).
41
In cases where the judgments are not stated in the scriptures, while quoting
the rules as evidence, many officers make judgments based on the specific
rules.
42
For example: Ḥanafī jurists' debates regarding slave emancipation are
based on the authority that "according to Abū Ḥanīfa, slave emancipation is
mutajazza' (something that can be divided), but according to Abū Yūsuf and
Imām Muḥammad, it is not mutajazza' (cannot be divided)."
43
In addition to quoting jurisprudential rules that cause differences of opinion
in the analysis of disputed issues, scholars also mention the rules of method.
44
In the discussion between Imām Shāfiʿī (v.y.204/820) and Imām Ḥanīfa
regarding what happens to the thing that is thrown when a stone is thrown at
Satan, "It is not accepted as an absolute muqayyad. If it is possible, it is valid on
the basis of absolute persuasion and muqayyad on the basis of restriction.
45
He expresses all the rules as al-Asl, al-Asl al-Ma'hud, az- Ẓāhir, al-Mazhab,
al-Jami' and al-Qiyas and makes judgments based on them.
The scientist cites language rules and uses them as evidence. He interprets
the discussion of some jurisprudential issues by relating them to the rules of
language.
46
For example: explaining the conflicting opinions of Ḥanafī jurists
regarding the consequences of an oath, he refers to the rules "According to the
opinion of linguists, a word used in an absolute sense (among the masses) is
accepted in a widespread sense" or "A word uttered in an absolute sense is
accepted in its true sense".
47
39
Al-Kāsānī.Badā’i‘. – V:IX. – P.242.
40
Al-Kāsānī.Badā’i‘. – V:I. – P.330-1,360-1,614-5; – V:II. – P.236-7; – V:III. – P.6-9,30,227; – V:IV. – P.206-7,375; –
V:VI. – P.241-42; – V:VII. – P. 60-63,453; – V:VIII. – P.94,220,231,235,279 -80,397,468,494; – V: IX. –
P.42,190,332; – V:X. – P.39,70,71,193, 203, 356,490.
41
Al-Kāsānī.Badā’i‘. – V:I. – P.482; – V:III. – P.80; – V:X. – P.321.
42
Al-Kāsānī.Badā’i‘. – V:III. – P.49,336,395; – V:IV. – P.282,286,486; – V:V. – P.47,432; – V:VII. – P.475; – V:VIII.
– P.231-5,265-66-67,443.
43
Al-Kāsānī.Badā’i‘. – V:V. – P.235,249,284-5,332,346,383-4,451,455.
44
Al-Kāsānī.Badā’i‘. – V:III. – P.139.
45
Al-Kāsānī.Badā’i‘. – V:III. – P.186,452,607; – V:IV. – P.307-8,4057; – V:V. – P.47,232; – V:VI. –B. 177,186,489,
494; – V:VII. – P.36; – V:VIII. – P.294,302; – V:IX. – P.48,384; – V:X. – P.105.
46
Al-Kāsānī.Badā’i‘. – V:III. – P.414; – V:IV. – P.142-3,372; – V:VI. – P.93.96; – V:IX. – P.56.
47
Al-Kāsānī.Badā’i‘. – V:IV. – P.139.
МЕЖДУНАРОДНАЯ КОНФЕРЕНЦИЯ
АКАДЕМИЧЕСКИХ НАУК
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Abū Bakr Al-Kāsānī, in sorting fiqh issues based on rules, relies first on the
opinions of Abū Ḥanīfa (r.a.) and puts the rules based on the scholars of the
Ḥanafī school in the first place. The scholars of the Ḥanafī madhhab quote the
rules based on "Abū Ḥanīfa says". For example: Abū Ḥanīfa says: "Abandoning a
qiyas is done by relying on another qiyas that is stronger than it."
Abū Bakr Al-Kāsānī's work "Badā’i‘ al-ṣanā’i‘ fī tartīb al-sharā’i‘" is
distinguished by the fact that its structure, topics, chapters and chapters are
given in a new order, unlike the classical commentaries written before it.
In short, Abū Bakr Al-Kāsānī is a scholar, jurist, who laid the foundation for the
tradition of arranging jurisprudence rules in this way, and his formation as a
scientific type, as well as a person who mastered poetic and artistic methods
perfectly and managed to use them skillfully.
