El-Doghim, MME 1997, A critical edition and study of Badi' al-Nizam al-Jami' bayna kitabay al-Bazdawi wa al-Ihkam by Ibn al-Sa'ati and its place in the history of Islamic jurisprudence (D. 694 AH / 1294 AD) , PhD thesis, University of Salford.

Archive (ZIP) - Submitted Version Download (30MB)

Abstract

Jurisprudence is one of the most important subjects of Islamic Studies because it is the means of deducing religious categorisation of human acts and of deducing the rules which regulate human affairs in a just manner. This study attempts to define the nature of Islamic jurisprudence and its historical development as a discipline through the first seven centuries of the Islamic era and somewhat beyond; to produce a critical edition and to study one of the fundamental texts of Islamic jurisprudence: Badi ` al-Niiäm al-Jämi ` Bayna Kitäbay al Bazdawi wa al-Ihknm. This work is of great importance on account of its unifying influence but its text has never received a critical edition or publication. This thesis consists of two volumes, Volume One is written in English and is divided into three parts. Part One is confined to the history of Islamic jurisprudence from the inception of Islam, through the various stages of development and until the end of the seventh century al- Hijra (1300 AD). Part Two concerns itself with the development of Islamic jurisprudence where the main focus is to present a reasonably clear picture of the various processes that practitioners in the field of Islamic jurisprudence have followed in order to derive (new) rules. Finally Part Three deals, through a critical study, with the manuscript entitled Badi` al- Nizäm al-Jämi` Bayna Kitäbay al Bazdawi wa al-Ihkam which brings together the two approaches one due to al-Bazdawi U iil al-Bazdawii and the other al-Ihkäm due to al- Amd'i. Also, it gives biographical accounts of the three authors, al-Bazdawi, al-Amc'i and Ibn al-S t ati as well as a good description of the Badi ` al-Nizam al-Jämi ` Bayna Kitäbay al Bazdaw'i wa al-Ihkäm manuscript. Volume Two is an edition of the Arabic text of Badi ` al-Niziim al-J mi ` Bayna Kitäbay al Bazdaw'c wa al-Ihkäm. This edition is made as concise as possible through a method of comparing a selection of ten manuscripts, one of which is the original and one copied from the original by the author's sister. Moreover, all reference to the verses of the Qurän, Hadith, Poetry and Prose and their praticioners taken from Badi ` al-Ni; äm al- Jämi ` Bayna Kitäbay al Bazdawi wa al-Ihkäm, have been identified with appropriate commentaries.

Actions (login required)