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Al-Hidayah: THE GUIDANCE
A Classical
Manual of Hanafi Law - VOLUME 2
By Burhan al-Din al-Farghani al-Marghinani
Translated
from the Arabic with Commentary and Notes
By Imran Ahsan Khan Nyazee
Hardback 405 Pages
Published by Amal Press, Bristol UK
ISBN: 0-978-0-9552359-4-8
Translation of Al-Hidayah Fi
Sharh Bidayat Al-Mubtadi ,
A commentary
of Bidayat al-Mubtadi written by the author
himself.
Volume Two Covers
Books 8 to 17:
- Talaq (Divorce)
- Ataq (Enancipation)
- Ayman (Vows/Oaths)
- Hudud (Fixed Penalties)
- Sariqah (Theft and
Highway Robbery)
- Siyar (Relations with Non
Muslims)
- Laqit (Foundling)
- Luqtah (Found Property)
- Ibad (Runaway Slaves)
- Mafqud (Missing Person)
The Hidayah
represents the refined, distilled and authentic version of a legal tradition developed over many centuries. It
presents the corpus of Hanafi law in its
approved and preferred form and forges an organic link with the other schools of
law. There is no book that can match the power of al-Hidayah
as a teaching manual. Education in Islamic law is not complete without this
book. Accordingly, each and every madrassah, whatever its affiliation, imparts
instruction in Islamic law through al-Hidayah.
The book was designed by the author in such a way that it makes a vigorous
interaction between teacher and student unavoidable. Each sentence presents a
challenge both to the teacher and the taught. In this process, the student
acquires a deep knowledge of the issues of fiqh
and the methods of reasoning employed by Islamic law. The teacher, on his part,
has a unique opportunity, while using the book in the class session, to give
full expression to his skills and abilities.
The primary reason for
its popularity is the reliability of its statements and the soundness of its
legal reasoning. Most researche
rs and schola
rs fi
rst consult al-Hidayah
before they move to another source. In the area of Muslim pe
rsonal law, it has been the major source relied upon by
courts in
Pakistan,
Bangladesh and
India. The need for this book, since the day it was written,
led to the writing of well over forty commentaries and glosses on it, and this
does not include the books written to document its traditions. This is rare not
only for Islamic law, but for any field of knowledge.
In comparing the Mukhtasar
of al-Quduri, the book in which al-Hidayah
is based upon, we note the following differences:
-
Al-Quduri
has errors that have been corrected in Bidayat
al-Mubtadi (the matn, bold
text of al-Hidayah)
- Bidayat
al-Mubtadi is based on Quduri but
has 25% more text as it includes those rulings that were missed in Quduri
- Bidayat
al-Mubtadi states the rulings in a more comprehensive way so that the
rule is clearly understood
- Bidayat
al-Mubtadi is organised in a better way
- Bidayat
al-Mubtadi has a commentary written by the author himself. This
commentary is called the Hidayah.
This is not the case with al-Quduri
About the Author
Shaykh al-Islam, Muhaddith and Hafiz, Abu al-Hasan Burhan al-Din
'Ali b. Abi Bakr b. 'Abd al Jalal al-Farghani, al-Marghinani, the great Hanafi
jurist, was born at Marghian in the vicinity of Farghana in 530/1135 (in Present
Day Uzbekistan) He died in 593/1197. He studied with Mufti Najm al Din Abu Hafs
'Umar al-Nasafi, his son Abu'l Layth Ahmad b. 'Umar al Nasafi and other eminent
teachers, and excelled in Hadith, Tafsir, Fiqh and other studies. His
scholarship was recognised and praised by eminent scholars such as Imam Fakhr
al-Din Qadi Khan, Zahir al-Din Muhammad b. Ahmad al-Bukhari (the author of
al-Fatawa al-Zahiriyyah) and others.
About the Translator: Imran Ahsan Khan
Nyazee
Associate Professor in the Faculty of Shariah and Law, Islamabad. He
obtained his law degree (L.L.B) from Punjab University in 1969. In 1983, he was
awarded a gold medal for his performance in the L.L.M (Shariah) at the
International Islamic University of Michigan Law School, Ann Arbor, USA. His
published works include: Theories of Islamic Law, The concept of Riba and
Islamic Banking, and General Principles of Criminal Law. He has also
published several research articles on Islamic Law and has also translated into
English Ibn Rushd's well known book, Bidayat al-Mujtihid (The
Distinguished Jurist's Primer) in two volumes.
Other
Hanafi Books
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