'The sources of Ismaili law' by Wilfred Madelung

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Khadhim Al Mahdi
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Joined: Tue Nov 26, 2013 5:44 pm

'The sources of Ismaili law' by Wilfred Madelung

#1

Unread post by Khadhim Al Mahdi » Sun Dec 01, 2013 6:50 pm

Summary of the paper:

- Daim al-Islam is not the only work by Qadi al-Numan b. Muhammad b. Hayyun. He also wrote the following books: al-Iqtisar, al-Idah, al-Ikhbar.

- Daim al-Islam is the book of the Islamic laws for Tayyibi Ismailis (Dawoodi Bohras, Sulaymani and Alevi Bohras) and other Ismaili sects. The collection of hadeeths in this book is without the chain of narrators

- al-Iqtisar is a short compendiums of law. al-Idah was Qadi al-Numan first legal work. The book is a collection of hadeeths from Ahl al-Bayt with evidence and proofs and point of consensus and disagreement.

- The author believes that the chains of narrators are fully quoted in this book.al-Ikhbar: An extraction from al-Idah with the removal of chain of narrators.The book al-Idah (Kitab al-Idah) was believed to have been completely lost. However, some new evidences are suggesting that that may not be the case.

 Al-Numan used books written by Shias/Imamiyyah and others as the source for his work (hadeeth book). This approach of extracting tradition of Imams of Ahl al Bayt from books is different from the common practice of that time. The usual practice back then was to trace narrations from a person to another person (who heard it/wrote it down) until to the Imams of Ahl al-Bayt who heard it from the Holy Prophet (May the peace and blessings of Allah be upon him and his pure family) or Imam Ali (may peace be upon him) (who heard it from the Holy Prophet). 

Second Part

Qadi al-Nu’man only quotes traditions from Imam Muhammad al-Baqir (may peace be upon him) and Imam Jaffar as-Sadiq (may peace be upon him).

The Shias and Ismailis recognize both of the Imams as their own. Al-Nu’man does not, however, quote from Imam
Musa al-Kadhim (may peace be upon him) (who is not recognized by the Ismailis.

The author (Medelung) tried to rationalize the reason as to why we do not see any narrations from other Ismaili Imams after Imam Ja'far as-Sadiq (may peace be upon him).

According to Madelung, since the Imams were in Satr, their identity must not be revealed even by an Ismaili Dai aka
Qadi al-Nu’man [Note: I don’t really believe this, can explain in another post perhaps].

Quite revealing, Madelung emphatically stated that Qadi al-Nu’man did not even quote any traditions from other living Fatimid Imams/Calips (By the way, Qadi al-Nu’man was under the employment of four Fatimid Caliphs/Imams).

But even more reveling is the fact that Qadi al-Nu’man used works by authors who were non Shia Imami or Ismaili in his compilation. The traditions in these works are not from Imams of Ahl al-Bayt but rather from Zaydis (another
Islamic sect).

Part three

The later part of the paper was devoted to discussion on Imami vs Zaydi sources. Qadi al-Nu’man takes a hybrid approach when developing the Ismaili law which was later written in the book al-Idah (by extracting laws from Imami and Zaydi sources).

Qadi al-Nu’man also went with the Imami position that recognizes the Imams of Ahl al-Bayt superior than other Alid (descendent of Ali).Madelung presented temporary marriage (Muta) as an example where the Zaydi sources were given a preference over the Imami laws.

In the conclusion, you are provided with a list of books used by Qadi al-Nu’man. Please see the original paper by
Madelung to see names and descriptions of all the 21 books used by the Qadi.


Reference: Madelung, W., The Sources of Ismāīlī Law, The University of Chicago Press, Journal of Near Eastern Studies, Vol. 35,  No. 1 (Jan., 1976), pp. 29-40


All credit goes to sister 'gypsy' from shiachat, which was on her blog: http://researchintoothersects.blogspot.co.uk

ghulam muhammed
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Re: 'The sources of Ismaili law' by Wilfred Madelung

#2

Unread post by ghulam muhammed » Sun Dec 01, 2013 7:06 pm

Khadhim Al Mahdi wrote:Daim al-Islam is the book of the Islamic laws for Tayyibi Ismailis (Dawoodi Bohras, Sulaymani and Alevi Bohras) and other Ismaili sects. The collection of hadeeths in this book is without the chain of narrators
How can the authenticity of the writings in the book can then be confirmed ??

Khadhim Al Mahdi
Posts: 75
Joined: Tue Nov 26, 2013 5:44 pm

Re: 'The sources of Ismaili law' by Wilfred Madelung

#3

Unread post by Khadhim Al Mahdi » Sun Dec 01, 2013 7:14 pm

ghulam muhammed wrote:
Khadhim Al Mahdi wrote:Daim al-Islam is the book of the Islamic laws for Tayyibi Ismailis (Dawoodi Bohras, Sulaymani and Alevi Bohras) and other Ismaili sects. The collection of hadeeths in this book is without the chain of narrators
How can the authenticity of the writings in the book can then be confirmed ??
I have a personal copy of the book myself (though the first volume I gave to a brother who wanted to examine). From what I remember, the introduction of the book states that it has been confined to authentic ahadith only.

The irony however is that there are some things in there which the present day bohras do not act upon.

Wallahu 'Aalam

incredible
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Joined: Tue Apr 27, 2010 11:44 pm

Re: 'The sources of Ismaili law' by Wilfred Madelung

#4

Unread post by incredible » Sun Dec 01, 2013 7:38 pm

one word for all this is "bullcrap"

nothing is authentic and nothing can be confirmed.

Khadhim Al Mahdi
Posts: 75
Joined: Tue Nov 26, 2013 5:44 pm

Re: 'The sources of Ismaili law' by Wilfred Madelung

#5

Unread post by Khadhim Al Mahdi » Sun Dec 01, 2013 7:54 pm

Maybe to an extent, but some of the points are quite obvious aren't they? The author is currently a senior researcher fellow at the Institute for Ismaili Studies in London.

incredible
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Joined: Tue Apr 27, 2010 11:44 pm

Re: 'The sources of Ismaili law' by Wilfred Madelung

#6

Unread post by incredible » Mon Dec 02, 2013 5:49 am

Khadhim Al Mahdi wrote:Maybe to an extent, but some of the points are quite obvious aren't they? The author is currently a senior researcher fellow at the Institute for Ismaili Studies in London.
no I was talking about "ismailism"