M. A. S. Abdel Haleem - Early Islamic Theological and Juristic Terminology Kitāb al-Ḥudūd fi 'l-uṣūl, by Ibn Fūrak

7/29/2019 M. A. S. Abdel Haleem - Early Islamic Theological and Juristic Terminology Kitb al-udd fi 'l-ul, by Ibn Frak

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Early Islamic Theological and Juristic Terminology: "Kitb al-udd fi 'l-ul," by Ibn Frak

Author(s): M. A. S. Abdel HaleemSource: Bulletin of the School of Oriental and African Studies, University of London, Vol. 54,No. 1 (1991), pp. 5-41Published by: Cambridge University Press on behalf of School of Oriental and African StudiesStable URL: http://www.jstor.org/stable/617311Accessed: 08/02/2009 17:40

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EARLY ISLAMIC THEOLOGICAL AND JURISTICTERMINOLOGY: KITAB AL-HUDUD FI 'L-USUL,BY IBN FURAKBy M. A. S. ABDELHALEEM

(PLATES I-IV)In our very first grammarlesson at the primaryschool of al-Azhar we wereintroduced to al-mabddi' al-'ashara, 'The Ten Introductory Aspects'' withwhich the textbook began. We learnt then that these ten aspects, as handeddown by the ancient tradition, were points to be considered when embarkingoneachfann (branchof knowledge). 'They said: it is incumbent upon him who setsout to expound a book to deal in the introduction with certain things before hebegins with the intended subject matter'.2 Such was the importance of 'TheTen' in traditional Islamic education that they were formulated in two lines ofverse, in more than one version, to aid the memory of learners. One versionruns:

&^ _ > , . - lr ^ J ,l ; !b t b I} 4 ^ 1 a,; _ y,. 1, _ :,-- 1

1. The first mabda'is al-hadd,the definition of a given subject or 'ilni.Thearrangement of the other mabadi' follows the restriction of the metreand rhyme adopted, but they include:2. al-ism, the name of the particular 'ilm;3. al-mawduf',he subject matter of the 'ilm;4. al-thamara,the benefit obtained from learning it;5. al-masa'il, the issues with which it deals;6. al-istimddd,the sources of such 'iln;7. al-wddi', the founder of the 'ilm;8. nisbatuh,its relation to other subjects;9. al-rutba, its status among other subjects;10. hukmal-sharifiTh, ow the shar'a views the learning and application ofsuch 'ilm.The mabddi'were seen as a sound starting point which from the outset gavethe reader a clear picture of the subject he was about to study and its context.This was considered to be an essential part of al-anhai' al-ta'ltmiyya '1-mustahsana t turuqal-ta'lim-' approaches preferredin the method of educa-tion '3 in traditional Islamic education.Lexically, hadd(pl. huduid)means a limit or boundary of a land or territory;

technically, it has many meanings (s.v. El), the earliest of which is that used inthe Qur'an in the plural for the restrictiveordinance of Allah which should notbe transgressed(e.g. 2: 229; 65: 1). Infiqh, huduid re the fixed penalties specifiedfor such forbidden acts as theft, adultery, etc.; the works offiqh have a chapter' al-Tuhfa 'l-saniyya(a commentary on the condensed al-Ajrimiyya by Ibn Ajurrumof Sanhaja(dc 723/1323) by M. M. 'Abdel Hamid, Cairo. Many editions.2Kashshdfistildhat al-funun by M. A. F. al-Tahanawl (Calcutta, 1862), 10.3ibid., 11.


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M. A. S. ABDEL HALEEMon al-hududwa-'l-jindyator al-hudiudwa-'l-diyat.There are also separate workson these huduid, f which M. M. al-Tihrani lists 19 in his al-Dhdri'aild-tasdanf l-sh'a (vol. 6, nos. 1078-96), but this does not concern us here. In logic, hadd isthe term of a syllogism, of which there are three, asghar, wasatand akbar,whichare also of no immediate concern.In kaldm and philosophy, hadd is a technical term meaning 'definition'. Inthis connexion we have hadd haqiqf,which defines the essence of a thing, andhaddlafzT,which defines the meaning of a word; there are also al-haddal-kdmil,the perfectdefinition of a thing consisting of its proximate genus and differentia;and al-hadd al-ndqis, the imperfect definition of a thing referring merely to itsdifferentia,or to the differentia and the remote genus. Brockelmann(S, III,898)gives a list of works in which huduids used in the various meanings given above;thus we have Huduidal-'alam, al-Hudud wa-'l-ahkdm,Hudufd l-amrad, Huduidal-ashya' wa-rusumha,and al-Hudfidfi 'l-usiul, y Ibn Furak. It is al-hudud n thesense of this last title, i.e. the definition of technical terms, that concerns us here.As the various subjectsof study developed, they acquiredtheir own mabddi''ashara and technical language, elaborated by scholars in the field, ahl al-ikhtisds. In the context of such a technical language, a term would have itsspecific meaning, usually peculiar to ahl al-ikhtisas, known in Arabic as al-haqTqa'l-'urfiyya 'l-khdssa.4This usually bore some relation to the lexicalmeaning al-haqlqa 'l-lughawiyyabut was distinct from it. In the works offiqh wefind the lexical meaning followed by the technical one,5but in usdlal-fiqh,whenwords are used in their technical context ma'dnin'urfiyya har'iyya, they must beunderstood in their technical rather than their lexical sense.6 As the variousIslamic branches of knowledge evolved their own technical terminology, theysometimes shared the same lexical items; while these normally bore somerelation to the lexical meaning, they nevertheless had a distinct technicalmeaning in each branch of knowledge, unknown perhaps even to scholars notinitiated in the particular branch concerned.This situation made the definition of terms (hudud) ncreasingly importantand eventually prompted authors to devote special works to this task. In theintroduction to his Mafatlh al-'ulum ('Keys to the various branches ofknowledge'), al-KhwarizmTd. 387/997-a contemporary of Ibn Furak) makesa significant observation that not only tells us something about the generalsituation at the time but shows that, for example, the lexical item raj'ahad fourdifferent technical meanings:7J- ouJljL DJ>- e SJ\-J S5-. Z\wl JLc Q? JJ oJL1 JLJjt iy^>\ JULPj) Lel28 . \Jl-, L LSLJ?l


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EARLYISLAMICTHEOLOGICALAND JURISTIC TERMINOLOGYThe development of technical language in Arabic firstmade itself evident inthe treatment of religious subjects, grammar,and philosophy, with termsoffiqhand hadith naturally appearing first. Early fuqaha', of the tabi'un, teachers ofAbui Hanifa for instance, talked of zawdj, talaq, zihdr, etc., and studied suchissues as murtakibal-kabTra,Tman,nifaq, baghy, and khurij at the time of al-Hasan al-Basri (d. 110/728) and his generation, not to speak of the discussionson salah, zakdh, hajj and jihad which were part of Islamic daily life from thebeginning. Shafi''s Risala, displays for example, various features characteristicof philosophical thinking, including the definition of technical terms andclassification, etc.8 Scholars of hadfth, n developing their rulesof authenticationand classification of ahaddthaccording to status-which were taken up byhistorians and rdwTs f language and literature 9-worked with their own set oftechnical terms.Arabic grammar was also one of the early subjects to develop a specificcomplex of technical terms, as is witnessed in the Kitdb of Sibawayhi (d. 180/796). Philosophical subjects, which were introduced into Arabic via translationafter the emergence and development of the religious subjectsjust mentioned,came equipped with their own technical language; the definition of technicalterms was an already established feature of these subjects, as was the writing ofseparate treatises on philosophical terms, as we shall see below.It is not intended in this introduction to draw up a definitivechronology forthe separate works on hudud-a task which will probably have to wait for theappearanceof more early Arabic manuscripts. The aim here is to consider some

important works on the definition of technical terms in the fields of philosophyand religion, as well as a number of general works that cover a variety ofsubjects, in order to illustrate the importance and scope of writing on hududandto establish the place of Ibn Fiurak'swork in this context.I. Philosophical termsAs has alreadybeen said, philosophical works entered into Arabic with theirown highly technical language. The difficult task for translators and philos-ophers was to find or to coin Arabic equivalents. It was to the credit of the earlytranslatorsthat they tried to adapt the Arabic language to expressphilosophicalconcepts. Thus al-KindT(d. 252/866) is known to have revived some disusedArabic words to convey technical meanings, such as al-ays 'existence' and al-lays' non-existence ', from which he drew such derivations as ta'yls al-aysdt 'anlays.'?As far as our present state of knowledge is concerned, the following areamong the earliest extant works:

1. Risalat al-hudud,by Jabir b. Hayyan (d. about 200/815), consisting of 92terms." Doubts have been expressed about the attribution and dating ofthe corpus of works of Jabir (s.v. El). A. al-A'sam, however, using a raremanuscript (see al-Mustalah, 133),older than that which P. Kraus used inhis edition, is convinced that his manuscript shows the certainty of theattribution of Risalat al-hududto Jabir (ibid., 153) beyond any doubt(p. 12).2. Risalafi-huduidal-ashyd'wa-rusfimiha, y AbiuYuisufYa'qiubb. Ishaq al-Kindi (d. 252/866), containing some hundred terms in logic, mathe-

8 M. 'Abd al-Raziq: TamhTdi-tdrTkh l-falsafa 'l-isldmiyya(Cairo, 1979), 7.9Ahmad Shakir, al-Bd'ithal-hathTthCairo, 1979), 7.10M. A. Abu Rida, Rasa'il al-kindTl-falsafiyya(Cairo, 1950), 19. (It should be noted that AbuRida does not agree with Massignon that al-Kindi died in 246 (ibid., 5.)" Mukhtdrrasd'il Jabir Ibn .Hayydn,ed. P. Kraus (Cairo, 1354/1935), 97-114 (under Kitdb al-Huduid);A. al-A'sam, al-Mustalah al-falsafi 'ind al-'arab (Baghdad, 1985), 163-86.

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M. A. S. ABDEL HALEEMmatics, metaphysics, ethics, etc.12This was thought to be probably theearliest dictionary of philosophical terms in Arabic.133. Risalat al-hududwa-'l-rusum,by Ikhwan al-Safa', risala no. 41,'4contain-ing about 250 mainly philosophical terms, but including some theologicalterms and thus being the first treatise that combines kalam andphilosophical terms.154. Risalat al-h.udud, y Ibn STWa'6d. 428/1037), containing about 70 terms.5. Kitdbal-hudufd, y al-Ghazal['7(d. 505/1111), containing about 75 terms.It is significant that all these philosophical works bear the title hududwhichis not the case in other subjects. The tradition of writing on philosophical termshad a long history,'8 and has been revived in our own day, as we see in al-Mujam al-falsafi, published by the Arabic Language Academy in Cairo (1963)and Mustalahdt al-Jalsaja, issued by the Supreme Council for Arts andLiterature(Cairo, 1964).

II. Religious termsWhat concerns us here is the terminology related to usul al-fiqh,kaldm andhadTth, he subjects dealt with by the Ibn Furak in his al-.Hududfi 'l-usul.Weshall deal with hadTth irst, and then turn to fiqh and kaldm. The question ofestablishing the authenticity and status of ahddlth gave rise to the science ofmustalahal-hacdfth.Although Shafi'i dealt with such questions in his Risala, asdid, among others, Muslim (d. 261/874), in the introduction to his Sahih,Tirmidhi (d. 279/892) at the end of his Jdmi', the first author to isolate thissubject was Abfu Muhammad al-Ramahurmuzi (d. c. 360/970) in his al-Muhaddith al-fid/il. Numerous works in prose and verse have continued toappear ever since, of which we need only mention the following:Usul 'ilmal-had[th,by al-Hakim al-Nisabufir d. 405/0104).al-Ilmi', by al-Qad.i Ayyad (d. 44/1149).MuqaddimatIbn al-Salah, by 'Uthman b. al-Salah (d. 643/1245).al-Ba'ith al-hathTthld ma'rifat 'uluim l-had[th,by Ibn KathYrd. 774/1372).Nukhbat al-fikarfi mustalah ahl al-athar, by Ibn Hajar (d. 852/1449).It should be noted that mustalah al-hadFth s a highly technical subject,treatises on which consist mainly of the definitions of terms and classificationsleading to further definitions.As has already been said, fiqh terminology was the earliest to appear inIslamic studies, and usul al-fiqh terminology found more formal expression inShafi'i'sRisala. Discussion on kalam started in the firstcentury of the Hijraanddeveloped to full maturity in the third and fourth centuries. Yet we do not findseparate works on the hudid of usul al-fiqhor kaldm before around the middleof the fourth century. Technical terms were contained in the body of textswritten by the main authors in both subjects-Shafi'l and Ash'arl, for instance.It may well be that separateworks on terminology in these subjectswere written

12AbuiRida, Rascd'il l-kindi, 19, 165-80; al-A'sam, al-Mustalah, 189-203. In this connexion weshould mention al-Farabi's work: Kitdb al-huruf.Other works by him, such as Kitdb al-alfdz al-musta'malafi 'l-mantiqand Ihsa' al-'ulum,are relevant in regard to the definition of terms.13Abu Rida, Rasa'il al-kindl, 164.4 Cairo, 1928, 359--72.15H. M. al-Shafi'l (ed'), al-Mubn fi sharhalfdz al-hukdma' wa-'l-mutakallimrnCairo, 1983).16 A. al-A'sam, al-Mustalah, 56-699; 229-263; see also A. M. Goichon, Kitdbal-hudud i IbnSnad(Cairo, 1963);A. al-'Abd, in al-hudud i thaldth rasd'il (Cairo, 1978).17 al-A'sam, al-Mustalah, 265-301; al-Ghazali, Mi'vdr al-'ilm, ed. H. Sharara (Beirut, 1964),196-230.18See H. M. al-Shafi', al-Mub[n, 31-2.

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EARLY ISLAMICTHEOLOGICALANI JURISTICTERMINOLOGYbut are still to be discovered.'9 The explanation may, in addition, lie in howmuch of a need was felt for separate compilation, in view of the familiarity inIslamic life offiqh terminology and to a large extent--apart from discussion onqiyas and on al-qawd'idal-usuliyya 'l-lughawiyya-of usul al-fiqh terminology.Nor was the need felt, I am inclined to say, for separate works on technicalterms of kalam in the early stages of its development when the majority of itsterms were based on Qur'anic vocabulary, before kaldm gradually came to becombined with philosophical concepts and terms. The situation is made clearerby contrast with philosophy, where an acute need for special treatises ontechnical terms was felt very early. This is demonstrated in the early works,mentioned above, of Jabir b. Hayyan and al-Kindi, Jabir in particularstressingthe great importance of the knowledge of hudud.'2Although early works werewritten on the gharib of the Qur'an and had[th,and lexical treatises, similar tothose on technical terms, were written on separate subjects such as horses, treesand rain,2'which should have acted as a model for writing on kalain and usulterms, the fact that many of the extant early works in this field use the termhududin their title suggests that the first inspiration for title and format camefrom the treatises of Jabir, al-Kindi, Ikhwan al-Safa' and Ibn Sina. A briefaccount of some of the works on kalcdm nd usu.l s given below:

1. Kitdb al-zTnah i 'l-kalimat al-isldmiyya 'l-'arabiyya, by Abu HatimAhmad b. Hamdan al-Razi, an Isma'iil author who died in 322/933. Thefirst extant work on kaldm terms, this was considered to be the earliestwork on technical terminology after that of al-Kindi.22It was edited byH. F. Hamdani and published in two volumes in Cairo, A.D. 1957-58.The preface to the first volume states that the book contains about 400items which are religious terms that occur in the Qur'an and hadUth rwere currentamongst religious scholars, and that all need to be explained(p. 9). As we are dealing here with terms and their definitions (huduid),t isnecessary to describe some of the features of this important early text.Only the second volume is concerned with technical terms. The firstcontains a general discussion on the superiority of Arabic among 'thefour best languages:Arabic, Hebrew, Syriacand Persian' (p. 61), and onArabic poetry, etc.; the last twenty pages or so deal generallywith Islamicnames and their meanings. In 229 pages of the second volume the authordiscusses asmd'alladh l-husndand 126pages of the remainder are devotedto other kalim terms. The customary lay-out of books on kalam is notfollowed here; instead of the usual limited number of sifat relevant tokalamdiscussions, the author for the greater part deals with ' all the mostbeautiful names', and there is nothing on prophethood. The format isnot that of huduid,or definition, but rather that of encyclopaedicinformation. Each terms is dealt with under a separate bah; sometimesrelated terms are grouped together in one explanation and the authorcites numerous verses (e.g. bab al-wdlhid l-ahad, Ii,32-42). The work wasclearly not inspired by the philosophical treatises and does not bear thetitle huduid,or even mustalahdt or ta'rPfut:t is al-zina fi 'l-kalimdt al-isldmiyy '- 'arabiyya,in fact a genre of its own.2. Kitab al-hududfi 'l-usul,by Abiu Bakr Muhammad b. al-Hasan b. Fuirak(d. 404/1015). The manuscript published here for the first time is to ourknowledge the first extant work on huduidproper in religious subjects,

19ibid., 20.20Z. N. Mahmfid, Jiabir bn .Hay.vanCairo, 1961), 52.21M. M. Omar, Muhddarat i 'iln al-lugha (Cairo, 1968), 199.22H. M. al-Shati'i, al-MubTn, 6.

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M. A. S. ABDEL HALEEMthe first to be written by a Sunni author-the work just discussed,however one classifies it, being by an Isma'TilShl'i-and the first tocombine terms of kaldmand usul al-fiqh.As will be seen later, kalam forthis Sunni author was related more to usul al-fiqhthan to philosophy. Itshould be mentioned here that among currentbibliographersand authorsonly F. Sezgin-who does not mention his source-states that this workwas published in Beirut in 1324 A.H. (A.D. 1906).23We know that anotherwork by Ibn Furak, ' Muqaddima i nukat min usul al-fiqh , in Majmu'rasa'ilfi usulal-fiqh(I, 1-14), was published in Beirutin that year, but it isnot on huduid nd is exclusively concerned with usul al-fiqh.Perhaps theword usul and the name of Ibn Furak on the title page led to the wrongassumption that this was Kitdbal-hudid. But usul in al-Huduid s usul al-din as well as usulal-fiqh,as we shall see later. Given the content of Kitdbal-hudud, it is highly unlikely that anyone would have published it inBeirut in 1906 as being a work on usul al-fiqh. Be that as it may, noevidence has been found to show that Ibn Furak's Kitdb al-hudud wasprinted in Beirut at any time: Brockelmann, like all the Arab biblio-graphers and authors, is of the opinion that Kitdb al-hudud is still amanuscript.3. al-.Hududwa-'l-haqd'iq,by al-Sharif 'Ali b. al-Husayn b. Musa 24 d. 436/1044). This deals solely with kaldm terms but shows that the subject wasbeginning to tend towards philosophy.254. al-Muqaddimafi 'l-kaladm,y Abiu Ja'far al-Tusi (d. 460/1067).26

5. al-.Hudid wa-'l haqd'iq, by Sharaf al-Din Sa'id al-Barnid al-Abi (sixth/twelfth century) on the terms of ithnd' asharTkalim.276. Risdila i 'l-hududal-musta'amalaft 'ilm al-kaldm wa usul al-fiqh wa-'l-mantiq, by an unknown author, a manuscript copied in 631/1233,no. 115, Institute of Arabic Manuscripts of the Arab League.7. al-Mubinfi sharh ma'lnTalfdz al-hukamd'wa-'l-mutakallimin,by Sayf al-Din al-Amidi (d. 631/1233), on the terms of kalam and philosophy. Thisreflects the 'new kaladm, al-kaldm al-jadTd,28onnected more to philos-ophy than to usul al-fiqh, as was Ibn Furak's work. Although the worddoes not appearin the title, the work is concerned with hudid and is muchmore systematic than that of Ibn Ffurak.298. .Hudfid l-alfdz al-mutaddwala i usulal-fiqhwa-'l-din,by Shaykh al-IslamZakariyyab. M. al-Ansari (d. 926/1519-20), a manuscript(Dar al-Kutub,Egypt), no. 21580B; Brockelmann, S. ii, p. 118, no. 45.9. Risdlaf-ma'dni 'l-hudiud, y al-Ustadh al-Amidi, copied in 1282/1865 in92 pages, containing terms offiqh/usiul/kaldmand mundzara.30

This last work, together with those listed under 6 and 8 above, shows thecontinuation of a tradition that began with Ibn Fiurakand was carried on by anumber of authors until recent times-that is, the combining of termsof usulal-fiqh, usul al-din and some jadal terminology to show the connexion between23 Geschichtedes arabischenSchriftums,i, 611.24 University of Mash-had, al-Dhikra 'l-alfiyyali 'l-shaykhal-.Tusf,n (Meshed, 1972), 150-81.25 ibid., 219-33; al-Tihrani in his al-DharF'a,6, no. 1612, gives al-Baridi as al-Burdi, perhaps aprinting error.26 University of Mash-had, al-Dhikra.27 H. M. al-Shafi'i, al-Mubfn,28.28ibid., 46.29 al-MubTnwas published in Cairo in 1983 in an excellent edition with introduction by Dr.Hasan Mah.mud al-Shafi'?of Cairo University;in Baghdad by al-A'sam in his al-Mustalah,303-88.30al-A'sam, 32.

10


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PLATE I

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PLATEIII

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PLATE IV

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EARLYISLAMICTHEOLOGICALAND JURISTIC TERMINOLOGYthese subjects, even after kalam al-muta'akhkhirTname more and more into thesphere of philosophy, a trend that found its best expression in the tajrTd l-i'tiqddof Nasir al-Din al-Tus1(d. 672/1273).31

Perhaps the most recent work on fiqh/usuil al-fiqh terms is al-ta'rlfat al-fiqhiyya, by Muhammad Amin al-Ihsan al-Mujaddidi al-Barakati (Dakka,1380/1960), in which the author has relied on many previous works listed in hisintroduction. The material is extensive, very clearly arranged, and shows thecontinuing need, especially in non-Arab Muslim countries, for this type ofwork.III. Generalworks on terminologyThese contain terms of fiqh/usul, and kalam, among many other topics.Compilers of such works relied on specialist authors of works on specificsubjects and in most cases list side by side various definitions of a given termcommon to a number of areas, a method which is particularly useful forcomparison and distinction. Of this general type we will mention the following:

1. Mafadt.hal-'ulum, referred to earlier, by Muhammad b. Ahmad al-Khwarizml (d. 387/997). This consists of two parts (maqala). The firstdeals with Islamic Arabic subjects in six sections (abwdb): iqh, kaldm,then nahw, etc., each containing a number of subsections (fusul). Thesecond maqala deals with subjects introduced into Arabic from othercultures, such as philosophy, medicine, engineering, music, etc. The twoparts contain in 'll 15 sections which include 93 subsections.322. Kitdb al ta'r[fdt, by 'Ali b. M. al-Sharif al-Jurjani (d. 816/1413). Firstpublished by G. Flugel in 1845 and reprinted in Beirut, 1969, thiscontains terms with their definitions in all varieties of subjects arrangedalphabetically for easy reference(p. 4).3. Kashshdf istilahdt al-'ulufm wa-'l-funun, by Muhammad b. 'AIl al-Tahanawi compiled in 1158/1745, an extensive dictionary published inIndia in two volumes (1564 pages) in 1862 and in Cairo in 1963.4. Jdmi'al-'ulum i'stildhdt al-funun, compiled in 1173/175933by 'Abd al-Nabi b. 'Abd al-Rastul al-Ahmad Nakiri al-Hindi. This is anotherextensive dictionary on terminology of various subjects,known as Dustur

al-'ulamd,published in India in four volumes in 1329/1911.Kitdbal-hudfidfi 'l-usul,by Ibn FfrakThe title is given on the title page as Kitdb al-hudid fi 'l-usul; in theintroduction the author states he has been asked to dictate hudidan wa-muwdda'dt wama'dnTibdrdt; nd in the final paragraphhe says: najazakitdbal-huduidwa-'l muwdda'at.I have chosen to use the first title, which is the one adopted by biographersand bibliographersas well as by the copier of the manuscript; it is also shorterand more directly indicative of the subject matter as borne out by the content,the format, and the author's own definition of al-hadd,no. 5 and al-asi, no. 125.In praising the book the copier speaks of it as a majmu',but this is clearly notmeant as a title, and it recalls the description majmua'dtsed earlierby Imam al-Haramayn for treatises by Ibn Ffurak.34n the works on terminology cited we31' Nasir al-Din al-Tufisind his Tajridal-i'tiqad:an edition and a study', by H. M. 'Abdel Latif,Ph.D. Thesis, University of Lcndon, 1977.32pp. 5-6. The second maqdlawas isolated in a separate risdala f al-.Huduidl-falsafiyya in themanuscript discovered by al-A'sam and published in his al-Mustalah, 205-28.33See the introduction to the kashshdfof Tahanawi (Cairo, i963) p. [d].34al-Burhdn i usul al-fiqh, I (Qatar, 1399/1978), 449.

VOL. LIV PART 1. 2

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M. A. S. ABDEL HALEEMnote a variety of expressions for the words ' terms' and ' definitions '. For thefirst, Ibn Fuirakused muwdda'dtand 'ibdrdtdd'ira bayn al-'ulamd';al-Amidiused alfdz al-hukama' wa-'l-mutakallim[n;both Jurjani and Tahanawi usedistilahdt. For 'definitions' Ibn Fiurakused hudud (preferred by philosophersand the majority of writers on kaldm);al-Amidi used sharhma'dn, as he wasasked to do, although his material consists of technical definitions; al-Jurjaniuses ta'rTfdt,ess formal than hudud,but more commonly used in works onfiqh;Tahanawi uses kashshdf ' revealer of meanings'.By usul, Ibn Ffurak, udging from the content, clearly means usuil al-din'theology' and usdl al-fiqh 'jurisprudence , even though he refers to the latterin the introduction asfuru' al-dTn s they relate to al-ahkdmal-'amaliyyaratherthan al-ahkdmal-i'tiqddiyyawhich is the domain of theology. The relationshipbetween the two types of usul was strong from the beginning: AbtuHanifa'sbook, al-Fiqhal-akbar,is on kaldm;the term usuliyyunwas, moreover, used forscholars of both subjects.35We have also seen a continuing tradition ofcombining the terminology of the two subjects, even after kaldm had becomemore strongly connected with philosophy. As to the exact designation of kaldm,it is interesting to note that Ibn Ffurak alks of usulal-din,and 'Abd al-Qahir al-Baghdadicalls his book on kaldm 'usul al-d7n ,whereas al-Ghaz.alihas iljdmal-'awdmm'an 'ilmal-kaldm, and al-Amidi has ghdyat al-mardm i 'ilm al-kaldm;while Muhammad 'Abduh's book is entitled Risdlat al-tawhTd.The range and circumstancesof the writing of theHudu-d

Ibn Ffurak'sHudud contains 133definitions, each labelled 'hadd'. However,he sometimes includes additional material related to a term he has isolated fordefinition with the label' hadd' (see 44, 68, 89, 92, 94, 130-32). The result of thispractice is that we have in theHudud a much higher figure than the 133definitions numbered there.36Numbers 1-92 are taken up by the definition ofintroductory items in kaldm,e.g. 'ilm, nazar, etc. and then terms relating to thesection known in kaldmas ildhiyyat,with only passing reference to 'reward andpunishment' (which is part of al-sami'yydtin kaldm);93-8 deal with the sectionon nubawwdt there is nothing on imdma,which became a customary chapter inkaldm);99-133 with usulal-fiqh.Under haddal-'illa (133) he bringsin 8 terms ofjadal and defines them, presumably because the discussion of the subtle pointsof 'illa always give rise to debate.This distribution of definitions shows that about 74% of the Hudud isactually on kaldm and only 26% can be said to be on usul1 l-fiqh. Thus bothBrockelmann and Sezgin were wrong to classify Ibn Fuirak'swork as usul al-fiqh.They were no doubt led to do so by the British Museum Catalogue whichtranslated the title Kitdbal-Hududfi 'l-usulas Liberdefinitionumurisprudentiae.The compiler of the entry, apparently without examining the content of thework, clearly understood usul in what had become the more commonly usedsense of the word, i.e. as usul al-fiqh. Surprisingly, both Brockelmann andSezgin say theHudud is on Hanafi usul;Ibn Fuirak s well-known as a Shaifi'i, nspite of the fact that Ibn Qutlubugha includes him in his Tdj al-tardjimonHanafi tabaqdt. But by comparison with the several pages Subki dedicates toIbn Furak in his Shfi'T tabaqdt,Ibn Qutlubughadevotes less than three lines to

35See A. S. al-Nashshar, Manahij al-bahth 'indmufakkir[al-islam(Beirut, 1984),99; Sa'd al-Dinal-Taftazani, Sharh al-'aqd'idal-nasafiyya (Damascus, 1974), 4-5.36Incidentally, the only work we have before Ibn Ffurak hat repeats the word haddwith everynew entry is Risdlatal-hudid, byabir b. Hayyan.

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EARLYISLAMICTHEOLOGICALAND JURISTIC TERMINOLOGYthe subject (no. 185), with no bibliography, and gives Ibn F-urak'sname merelyas Muhammad b. al-Hasan al-Wa'iz al-Isfahanl. Perhaps it was this that ledBrocklemann and Sezgin to their conclusion. It is possible, too, that someonewas influenced by an inscription in the margin of the back page of themanuscript of Kitdb al-hudiudwhich states that its owner was a Hanafi judge.The fact is that Ibn Fiirak's other work (the muqaddimamentioned above) isdefinitely on Shafi'i usul and, as we shall see, some of the material there isidentical with that in the Hudid. (See also hadd no. 112 and footnote.)After praising God and invoking His blessing and peace upon the Prophetand his family, Ibn Fuirakaddresses his students:

'As you have asked memay Godontinue toU ideou!toictat. e to' As you have asked me-may God continue to guide you!-to dictate toyou some definitions, terms, and meanings of expressions current amongstscholars of theology and sharV'a,uch as have been accepted by our teachers,the validity of which I consider well established, and to make them brief sothat they may be accessible and easily memorized. I respond to your requestdesiring thereby the reward from God and bounteous recompense when wereturn to Him. Thus I say-and God is the One who guides (us) to what iscorrect ....This suggests that the Hudiudwas written when Ibn Fiurak settled inNishapur and was teaching there in the school built for him, from which anumber of pupils in kaldmand usulal-fiqhgraduated underhis tutelage.37 t waswritten to meet a need felt by his pupils, and it was they who suggested the formand the word hudud,probably inspired by the form and word already used byphilosophers like Jabir b. Hayyan and al-Kindi. It is not unlikely that 'ibdrdtdd'irabaynal-'ulamd'bi-usulal-dinwa-furiu'ihmimma'rta.ddhhuyukhundmeantthat such terms, at least among the Sunni Ash'ari, were at that stage being

isolated and defined by Ibn Ffurak or the first time in this form. 'Such as havebeen accepted by our teachers' may be understood in the light of the fact thatwritings of Shi'i terms appeared first. The concise style and considered opinionof the master would seem to confirm that the author wrote the Hudu7dt thestage we have suggested. From a comparison made in the footnotes to theArabic text between some of Ibn Furak's definitions and those given by otherauthors we can see the conciseness, clarity and effective use of language whichmarks the text of the .Hudfid nd fits the purpose he had in mind: ' to make thembrief so that they may be accessible and easily memorized'.The attributionof Kitdbal-hudiudWe have only one manuscript copy of the JHudud, ut its attribution to IbnFuirak s confirmed by a number of factors. It is agreed by all biographers thathe was a scholar and author of books on usul, and al-.Huduidn particular hasbeen named as being his. Examples of material and ideas in the .Hudiudppear,sometimes verbatim, in other works by him, such as the Muqaddima,or areattributedto him in the works of early writers,including al-Qushayri,who was a

37 bn 'Asakir, TabyTn adhibal-muftar (Damascus, 1347/1928),232; Ibn Taghribirdi,al-Nujtumal-zahira (Cairo, 1933), iv, 240).

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M. A. S. ABDEL HALEEMpupil of Ibn Fiurak,Imam al-Haramayn and Subki.38Moreover, the Ash'aritespirit of this work, in which he set out to give the definition of terms ' such ashave been accepted by our teachers' is similar to that of his Kitdb mushkil al-hadTthwa-baydnihwhere he set out to refute the views of such ' deviators' as al-jahmiyyawa-'l-mu'tazilawa-'l-khdwarijwa-'l-rdfi.dawa-'ljismiyya.39It should be remembered that the manuscript copy we have of the Hudfidbelonged to a man learned in usul, a Yemeni q.ddiwho writes on the back pagethat he himself had' copied it for his own use and for whoever came afterhim asGod willed '. He considered himself greatly favoured to have possession of thiswork of Ibn Ffurak.More important is the fact that it was fortunately copiedfrom an original, compared with at least one other copy, possibly more, andthen checked carefully, as the copier states on the title page:and on the last page: .-v Jj 4,Jl . LIn five instances, on folios y?, P0, V, ~?,. the copier has addedwords which he had clearly missed in the first instance, then inserted the sign ofcorrection C" : It is clear from nn. it, rn, ot, on, V'n,o, in our edited textthat the copier had more than one original to compare with. He gives theauthor's full name on the title page and at the beginning of the text. So what wein fact have here is not an ordinary single copy of a manuscriptbut one that hadbeen carefullychecked by a scholar against other copies. All these factors takentogether leave little room for doubt as to Ibn Fiirak's authorship of this text.The significance of Kitdb al-hudfidThe importance of this text, published here for the firsttime, lies firstlyin thefact that it is, as far as we know, the first book of definitions written by a SunniAsh'arite scholar. It lies outside the scope of this article and the space availableto give a full account of the Ash'arite theological stance in comparison withMu'tazilism and Shl'ism with reference to works by Muslim and Europeanauthors. Our remarks here are intended to give an idea of Ibn Fuirak'sstandpoint on the hudfid n particular:it is hoped that the works referred to inthis section and in the footnotes to the Arabic text give a sufficient basis forexpansion.The difference between al-Hudid and the Shi'l works is obvious. We needonly to compare Ibn Fiurak'sdefinition of imdn(61-2) with that given by Shl'iauthors in the works on definitions cited above. Ibn Fuirakdefines imdnmerelyas knowledge of God (in which belief is implied), whereas the Sh'il author addsknowledge of the Prophet and of the Imams as stipulated in usul al-dTn.40hi'itexts also include definitions of Imam and Imdmiyya41 and Ibn F-urakhas noplace for either. His simple definition of taqiyya (79) as 'fear of doing an act or

38See for instance, al-Risala 'l-qushayriyyaCairo, 1972),661-2; al-Burhdn i-usul al-fiqh(Qatar,1399/1978), 354-5, 820; Tabaqdt al-shdfi'iyya(Cairo, 1966), iv, 134-5; Kitdbal-hudud,nos. 93-4,112. In Hududno. 17 Ibn Ffurak alks of God as al-rabb,using a Qur'anicword, rather than wajibal-wuju-d,s did later theologians. That this is his standpoint is confirmed by his views as cited by 'AhI'Umar al-Sakfini in 'Uyin al-munazardt(University of Tunis, 1976), 277-8. Compare also .Hudud109 with p. 9 in the Muqaddimaof Ibn Fuirak;111-12 with p. 5; 113 with p. 10; 114, 128 with p. 6,where we find wording identical with Hudud 113, and almost so with 112. We find also these sameideas of Ibn Fuirak'sexpressed in Hudad 112-13, and attributed to him in al-Burhdnof Imam al-Haramayn, i, 449-50, which in this case confirms Ibn Ffirak's Shafi'irather than HanafT tandpoint.Compare also nn. 47-8 below.39Kitdbmushkilal-had[th,4.40 al-Dhikra 'l-alfiyyali 'l-shaykhal-TusT,i, 219.41ibid., 153, 240.

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EARLYISLAMICTHEOLOGICALAND JURISTICTERMINOLOGYabstaining from it' makes it different from the technical Shi'l taqiyya,which hasspecial significancefor the Shi'Ts nd is regardedby some as their distinguishingfeature.42

In many instances the Hudfd clearly shows Ibn Ffurakas an Ash'arite whoseopinions differ from those of Mu'tazila. In the definition of al-'dlim (2), forinstance, he considers the sifdt as being ghayr al-dhdt. He also defines al-shay'(13) as being al-maujud,whereas to the Mu'tazila, it is that which will happen,even though it does not yet exist, because it is implied in the knowledge of God.Ibn Fiurakemphasizes his opinion by saying al-ma'dfm (14) laysa bi-shay'. HisAsh'arite definition of Kasb(19) clearly differs from the Mu'tazilite view.43Thesame can be said of his opinion on 'what can be seen' (57) according to whichGod can be seen.44Similarly, his definition of 'adl (87 and see 85) is differentfrom that of the Mu'atazila, on which they built their belief that it is anobligation on God to do what is beneficial to man. Finally he expresses theAsh'arite view (explicitly saying ''ala 'l-sad[dmin madhhabind')when he givesfor the meaning of kaldm, al-kaldmal-nafsl (under 95).Secondly, Ibn Ffurak'sHudad is significant in that it combines terms ofkaldm and usul al-fiqh.45This was in an early phase of kaldm (al-kaldm al-gadTm).46n example of the strong early connexion between kaldmandfiqh hasbeen seen in Abui Hanifa's book on the theology, al-Fiqh al-akbar. There arealso two recognized approaches in usulal-fiqh;the first is tar[qatal-mutakallimTnor al-shdfi'iyya;the second, tarTqat l-fuqahd'or al-ahndf.47Biographers oftentalked of a scholar as being a master of al-aslayn, and of the connexion betweenusul al-fiqh and usil al-din as like that between a branch and a stem. Earlyscholars like Ibn Fiurak,and other authors who followed his approach, e.g. IbnTaymiya, seem to have wished to relate usul al-dTn o usul al-fiqhand to avoidthe approach of the Greek logicians (of which Ibn Taymiya wrote a refutation),unlike other authors, such as al-Ghazali, al-Razi, and Nasir al-Din al-Tus1.The fact that the .Hududs an example of the early kaldm is confirmedby theintroductory terms, which deal with al-'ilm and al-nazar, etc. These are also tobe found in the works of such early authors on kalam as al-Baqillan1,'Abdel-Qahir al-Baghdadi, whereas later works usually begin with more philosophicalterms, such as al-wujudwa-'l 'adam or al-ashkil al-arba'a, as we see in Tuisi'stajrTd,48r combine the earlier terms of 'ilm, nazar, etc. with those of philo-sophy, as did al-Razi in his Muhassalafkdral-mutaqaddim[nwa-'l-muta'akhirin.It is, moreover, noticeable that most of the terms Ibn Fuirak defined are ofQur'anic origin, e.g. 'ilm (1), nazar (6), kasb (19), ibtidd' and i'dda (35-36),rather than derived from Greek philosophy. From no. 58 to no. 100, forinstance (i.e. 42 terms), there are only four that can be said to be non-Qur'anic(70, 73, 77, 90). Thus the proportion of Qur'anic words is not less than 90%.This contrasts sharply with al-MubTn,by al-Amid1, where the percentage isclearly much lower. A comparison between al-Hudfid of Ibn Fiurak and al-Mub[n of al-Amidi (which is on philosophical and kaldm terms) is interesting:the former has 133 definitions, 98 of which are kaldm; the latter has 223definitions. Of the 98 on kalam in the Huduid nly 26 (20%) can be found in al-

42 See ' Takiya', El; Razi, Muhassalafkar al-mutaqaddim[nwa-'l-muta'akhkhir[nBeirut, 1984),365-6.43See al-Amidi, Ghdyatal-mardm j 'ilmal-kalam (Cairo, 1971), 206-7.44ibid., 156-67. For a general view of the Mu'tazilite theology see the El.45 We have seen earlier that this combination was continued later by a number of authors.46 For the two types see Ibn Khaldfun,Muqaddima Beirut, 1886), 465-6; al-Taftaz.ani,Sharhal-'aqd'idal-nasafiyya, 5-6.47 A. Khallaf, 'Ilmusul al-fiqh, 18.48 See H. M. Shafi'i,'al-MubTn, 66-92.

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M. A. S. ABDEL HALEEMMub[n. al-Amidi died 230 years after Ibn Ffurakand both men were Sunniauthors. Our comparison here may serve as an indication of how far 'the newkaldm' had moved towards adopting philosophical terminology.Another feature indicating the early date of the IHudud s the componentsIbn Fturakuses to make up his definition. Sometimes he merelygives one word,as in nos. 13, 26 and 31. What we have here is certainly not the AristotelianPerfect, or even Imperfect, Definition, which is concerned with the essence orquiddity of a thing; the definition of early usuliyy[nseeks merely to distinguish athing from what is other than it (see no. 5).49al-Hu.dfid,hen, provides a good example of early kaldm. We may none theless discern a trace of philosophical influenceupon it. I have already arguedthatthe title and, I think, the format, were inspiredby work on philosophical hudud.Ibn Fiurak includes al-jawhar (20) and al-'arad (23) for definition, but thenumber of such terms is very small and they have become well known toscholars. Ibn Fiurakclearly chose not to go deeper in this direction; thus underhis definition of al-'illa (132) he noted how al-'ilal al-shar'iyyaare differentfromal-'ilal al-'aqliyya;the latterconcept is philosophical, discussed in laterkaldmbyNasir al-Din al-Tusi.50The fact remains, however, that the .Hududis dis-tinguished in being the earliest extant book of definitions of early Sunni kalam,which it combines with usul al-fiqh.Ibn Furak's life and worksAbu Bakr Muhammad b. al-Hasan b. Fiurakal-Ansari al-Isbahani, wasborn about 330/941, perhaps in Isfahan. Not much is known about his early life.He studied Ash'aritekalam under 'Abdallah b. Ja'afaral-Isbahani, and becamea scholar of kalam, usul al-fiqh, tafsir, hadith and grammar, as well as acelebrated preacher. From Iraq he went to Rayy and there he aroused theenmity of ahl al-bida'who defamed and slanderedhim, upon which a delegationof admirersrequested al-Amir Nasir al-Dawla Abfu 1-HasanM. b. Ibrahim towrite to Ibn Fuirak o invite him to Nishapur; there he built him a house and aschool from which a number offuqaha' graduated. Among those who narratedhadTth n his authority were Abu Bakr al-Bayhaqi, Abu '1-Qasimal-Qushayriand Abu BakrAhmad b.' Ali b. Khalaf. His biographerstell stories that testifyto his piety and to the high esteem in which he was held by pupils and audience.He was also involved in much fierce dispute with members of the Karramiyyasect who were probably responsible for his being summoned to Ghazna bySultan Mahmiud, to whom it was alleged that Ibn Fufirakwas a heretic whobelieved that the Prophet Muhammad was dead in his grave and that hisProphethood had ceased. Upon hearing Ibn Furak's denial of all this the sultanshowed him generosity and ordered that he be returned in honour to his homein Nishapur. On his way back Ibn Furak is said to have been poisoned and hedied in 406/1015; his body was carried to Nishapur and buried at Hira, wherehis grave became something of a shrine.Numerous bio/bibliographies of Ibn Fturak have been compiled, andperhaps the most important source is Ibn 'Asakir (465/1072) in his tabyTn,owhich subsequent authors, such as al-Qifti (646/1248), Ibn Khallikan (681/1262), and Safadi (764/1362) have not added anything new. al-Subki (771/369)in his Tabaqdt al-Shdfi'iyya brought useful information, while Ibn Taghribirdi(874/1469), Ibn al-'Imad (1089/1678), then Brockelmann, S. i, 277-8, Sezgin,,

49See A. S. Al-Nashshar, Mandhijal-bahth, 102-4.50 ibid., 579-81.

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EARLYISLAMICTHEOLOGICALAND JURISTIC TERMINOLOGY610-11, and El, (new ed.), III, 766-7, and all modern Arab bibliographershaverepeated the earlier material.Ibn Fiurakwas an important Ash'ari theologian of the second generationafter 'Abui -Hasan al-Ash'ari and was in fact responsible for the best availablebibliography of al-Ash'ari's works, which was preserved by Ibn 'Asakir in histaby[n.5'Reference to Ibn Fiurak's ideas on kaldm and usul al-fiqh and othersubjects are found in such early works as al-Risdla 'l-Qushayriyyaby his pupilal-Qushayri (d. 465/1072) (about 20 references)and al-Burhdnfi usulal-fiqh,byImam al-Haramayn 'Abd al-Malik b. 'Abdallah (d. 478/1088) (8 references).52His views on usuilal-fiqhwere quoted by such important authors on usul as al-Isnawi, al-Bayd. wi and Ibn al-SubkT.53Ibn Fiurak'sworks are said by his biographers to have numbered about ahundred. Most seem to have been short treatises (in al-Burhan,I, 449, Imam al-Haramayn referred to Ibn Fuirak'smajmu'at)and most have unfortunatelybeenlost. Of particular importance are the following:

Kittb mushkil al-had[thwa-baydnih with variations in the title), Hyderabad,1362/1943, 241 pp.; partially translated into German under the title BaydnMugkil al-Ahddit by R. Kobert (not R. A. Robert, as in Sezgin), AnalectaOrientalia, 22, 1941. This is the better-known work of Ibn Fiurak, n whichhe attempts to explain difficult phrases in the hadTthwhich were claimed toimply anthropomorphism and, at the same time, to refute the views of theJahmites, Mu'tazilites, Rafidites and others.54Kitdbal-Hududfi 'l-usul,the manuscript edited here.Muqaddima i nukat min usuilal-fiqh, Beirut, 1324/1906, 14 pp.al-NizdmT i usul al-dTn,which he wrote for al-wazir Nizam al-Mulk,Ayasofia 2378, 156 fols. 790 A.H.Mujarradmaqdldt AbT 'l-Hasan al-Ash'arT, Arif Hikmat, Medina; ed. D.Gimaret, Beirut, 1987.Tafs7ral-Qur'dn, Feyzallah 50, III, c. 200 fols.The manuscriptthe Kitdbal-.Hu.dudTo sum up, the manuscript copy of the .Huduiddited here (British MuseumMS no. 421, Add. 9383/7) dates back to 988 A.H. (not 991 as in Sezgin) and wasowned by Muhammad b. 'All al-Hamawi al-Hanafi, a qd.di n the Yemen. Itconsists of 13 fols. (51-63), including the title page. The main text pages include15 lines each, written in good, clear naskh(copies of the title page, the beginningof the manuscriptand of the final page are reproducedhere by way of example).I have already mentioned how meticulous the copier was, how the manuscriptwas checked throughout and compared to at least one other original. In thepresent edition I have followed modern orthographic conventions, suppliedserial numbers for the hudduds well as an Arabic index at the end. The indexincludes the terms Ibn Fuirak solated for definition under hadd and these arefollowed by their numbers. It also includes termswhich occur in the body of histext, but which he did not isolate under hadd, and these are followed by thenumber of the page of the Arabic text on which they occur.

51Tabyfnkadhibal-muftarf..., 126-7, 136.52See index of al-Risala al-Qushayriyya;al-Burhan i-usuilalfiqh.53A. M. al-Maraghi al-Fath al-mubfn i tabaqdtal-usuliyyfn (Cairo, n.d.) I, 239.54See article on Ibn Fuirak n EI.

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M. A. S. Abdel Haleem - Early Islamic Theological and Juristic Terminology Kitāb al-Ḥudūd fi 'l-uṣūl, by Ibn Fūrak