Muhaqqiq al-Hilli
Encyclopedia
Najm ul-Din Abul-Qasim Ja'far bin al-Hasan bin Yahya bin al-Hasan bin Sa'id, famous as al-Muhaqqiq al-Hilli (c. 1205–1277) was an influential Shi'i Mujtahid born in the city of al-Hilla, Iraq
. He played an important role in shaping Twelver Shi'ism's legal doctrines works. His legal manual, Shara'i ul-Islam, has been particularly influential, attracting more than thirty commentaries.
, where he would spend most of his life, to a family of prominent Shi'i jurists. He studied theology
, fiqh
and usul al-fiqh
under his father. Muhaqqiq later became the leader of the Shi'i seminary there; when Nasruddin Tusi visited the town as the representative of Hulagu, he addressed Muhaqqiq as the representative of the city's scholarly elite.
One of Muhaqqiq's most important students was his nephew Allamah al-Hilli
.
and usul al-fiqh
to ethics
, theology
, philology
and even a few volumes of poetry
.
His most important work by far is Shara'i ul-Islam, a comprehensive manual of law. It is arguably one of the most important Shi'i legal works ever written, as shown by the large number (more than thirty) of commentaries written on it by later scholars. It has been translated into both Persian and Russian, and was used in British India as the standard statement of Shi'ite Muslim law. In the Shara'i, he divides the law into four distinct categories: acts of devotion (e.g. prayer, fasting), bilateral legal acts (e.g. marriage), unilateral legal acts (e.g. divorce) and rules (e.g. of inheritance). This classification was followed by later jurists.
Another important work of his is Ma'arij ul-Usul, written in the field of usul al-fiqh
(jurisprudential methodology). In it, he stresses the centrality of the Shi'i jurist (mujtahid) during the time of the Occultation
in deriving a proper understanding of the Shari'ah from the Qur'an
, Hadith
and statements of the Twelve Imams
. In this way, Muhaqqiq's legal theory is heavily indebted to the classical Sunni approach to legal methodology. Whereas before him, it was the authority of the Hadith and not of the Mujtahid that was obeyed.
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
. He played an important role in shaping Twelver Shi'ism's legal doctrines works. His legal manual, Shara'i ul-Islam, has been particularly influential, attracting more than thirty commentaries.
Life
Muhaqqiq was born in the city of al-Hilla, IraqIraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
, where he would spend most of his life, to a family of prominent Shi'i jurists. He studied theology
Theology
Theology is the systematic and rational study of religion and its influences and of the nature of religious truths, or the learned profession acquired by completing specialized training in religious studies, usually at a university or school of divinity or seminary.-Definition:Augustine of Hippo...
, fiqh
Fiqh
Fiqh is Islamic jurisprudence. Fiqh is an expansion of the code of conduct expounded in the Quran, often supplemented by tradition and implemented by the rulings and interpretations of Islamic jurists....
and usul al-fiqh
Usul al-fiqh
Uṣūl al-fiqh is the study of the origins, sources, and principles upon which Islamic jurisprudence is based. In the narrow sense, it simply refers to the question of what are the sources of Islamic law...
under his father. Muhaqqiq later became the leader of the Shi'i seminary there; when Nasruddin Tusi visited the town as the representative of Hulagu, he addressed Muhaqqiq as the representative of the city's scholarly elite.
One of Muhaqqiq's most important students was his nephew Allamah al-Hilli
Al-Hilli
Jamal ad-Din Hasan ibn Yusuf ibn 'Ali ibn Muthahhar al-Hilli , also known as al-Allamah al-Hilli , born December 15, 1250 CE , died December 18, 1325, was a Twelver Shia theologian and mujtahid. Known as a Marja , he was one of the greatest Muslim jurists and scholars of his time...
.
Intellectual Output
Muhaqqiq produced an impressive scholarly corpus during his life, treating subjects ranging from fiqhFiqh
Fiqh is Islamic jurisprudence. Fiqh is an expansion of the code of conduct expounded in the Quran, often supplemented by tradition and implemented by the rulings and interpretations of Islamic jurists....
and usul al-fiqh
Usul al-fiqh
Uṣūl al-fiqh is the study of the origins, sources, and principles upon which Islamic jurisprudence is based. In the narrow sense, it simply refers to the question of what are the sources of Islamic law...
to ethics
Ethics
Ethics, also known as moral philosophy, is a branch of philosophy that addresses questions about morality—that is, concepts such as good and evil, right and wrong, virtue and vice, justice and crime, etc.Major branches of ethics include:...
, theology
Theology
Theology is the systematic and rational study of religion and its influences and of the nature of religious truths, or the learned profession acquired by completing specialized training in religious studies, usually at a university or school of divinity or seminary.-Definition:Augustine of Hippo...
, philology
Philology
Philology is the study of language in written historical sources; it is a combination of literary studies, history and linguistics.Classical philology is the philology of Greek and Classical Latin...
and even a few volumes of poetry
Poetry
Poetry is a form of literary art in which language is used for its aesthetic and evocative qualities in addition to, or in lieu of, its apparent meaning...
.
His most important work by far is Shara'i ul-Islam, a comprehensive manual of law. It is arguably one of the most important Shi'i legal works ever written, as shown by the large number (more than thirty) of commentaries written on it by later scholars. It has been translated into both Persian and Russian, and was used in British India as the standard statement of Shi'ite Muslim law. In the Shara'i, he divides the law into four distinct categories: acts of devotion (e.g. prayer, fasting), bilateral legal acts (e.g. marriage), unilateral legal acts (e.g. divorce) and rules (e.g. of inheritance). This classification was followed by later jurists.
Another important work of his is Ma'arij ul-Usul, written in the field of usul al-fiqh
Usul al-fiqh
Uṣūl al-fiqh is the study of the origins, sources, and principles upon which Islamic jurisprudence is based. In the narrow sense, it simply refers to the question of what are the sources of Islamic law...
(jurisprudential methodology). In it, he stresses the centrality of the Shi'i jurist (mujtahid) during the time of the Occultation
Occultation
An occultation is an event that occurs when one object is hidden by another object that passes between it and the observer. The word is used in astronomy . It can also refer to any situation wherein an object in the foreground blocks from view an object in the background...
in deriving a proper understanding of the Shari'ah from the Qur'an
Qur'an
The Quran , also transliterated Qur'an, Koran, Alcoran, Qur’ān, Coran, Kuran, and al-Qur’ān, is the central religious text of Islam, which Muslims consider the verbatim word of God . It is regarded widely as the finest piece of literature in the Arabic language...
, Hadith
Hadith
The term Hadīth is used to denote a saying or an act or tacit approval or criticism ascribed either validly or invalidly to the Islamic prophet Muhammad....
and statements of the Twelve Imams
Twelve Imams
The Twelve Imams are the spiritual and political successors to Muhammad, the Prophet of Islam, in the Twelver or Ithna-‘ashariyyah branch of Shī‘ah Islam....
. In this way, Muhaqqiq's legal theory is heavily indebted to the classical Sunni approach to legal methodology. Whereas before him, it was the authority of the Hadith and not of the Mujtahid that was obeyed.
Sources
- Calder et al. (2003) Classical Islam: A Sourcebook. London: Routledge.
- Kohlberg, E. ḤELLI,NAJM-AL-DIN ABU’L-QĀSEM JAʿFAR. Encyclopædia Iranica. (http://www.iranica.com/ accessed 28.09.2009)