Chapter 1

PREFACE
DIVERSITY IN THE TOPICS OF FIQH

If we study the subjects of FIQH in detail, we find that every one of

them is peculiar and singular in itself. There may seem to be some simil-
arity at , first glance, but a deeper study reveals a different aspect con-
tained. It meets with the requirements of all walks of human life.
Some of the laws relate to the natural urge in human beings to adore
and worship. It guides us to worship none but Allah, in the prescribed
form, seeking His pleasure. Then there are laws which prompt us to
serve, be helpful and useful to human society, at the same time affirming
our obedience to Allah. These are Zakat, Khums, our social and political
duties, Jihad, Amr bil Ma'roof and Nahy anil Munkar, training in martial
arts etc.
Other laws enunciate man's duties towards oneself like refraining
from suicide or harming oneself or even avoiding celibacy. Certain laws
deal with human life in relation to nature surrounding him like food,
drinks, hunting, slaughtering, dresses, use of utensils and so on. Then
there are laws of judiciary, requital and compensation. As for personal
life, Fiqh guides us in matters of NIKAH, TALAQ, DHIHAR, and LIAN.
In matters of economy and earning one's bread, there are rules govern-
ing business, partnership, silent partnerships, bankruptcy etc. Fiqh also
deals with such versatile acts like Haj which apart from being an act of
worship, is an opportunity of unity, collaboration and an international
conference.
In spite of this diversity, FIQH has one single aim. To lead human be-
ings to happiness on earth, conjoining it with salvation in the hereafter.
Therefore, FIQH is considered as one, composite science of ISLAM and is
taught as such in the Hawzas. The basis of FIQH is the Holy Quran, the
sound Traditions, Consensus and Reason. A FAQEEH looks at the di-
verse component of FIQH as parts interwoven into one fabric, with a

2
single aim to guide mankind in respect of its duties and responsibilities
towards Allah.

3
Chapter 2
FIQH
This system commonly known as ILMULFIQH, is extensive, covering a
very wide range; and its history dates back to the earliest Islamic era. It
has been taught with great detail and ramifications in every era, produ-
cing several jurisconsults of repute during every century. Among the jur-
ists, known as FAQIH (pl. Fuqaha) some were genius. A number of
volumes have appeared to elucidate the Islamic jurisprudence, some of
them are masterly treatment of the laws on every walk of human life.
Most of the problems confronting human society are dealt with by
various laws, like, the civil laws, the family laws, the penal code, the
management laws, and so on. Fiqh deals with all of them under various
chapters, and in different names. Moreover, it deals with such laws
which are not covered by the modern day laws, like the ones related to
the acts of worship. Because of a very wide range of subjects covered by
Fiqh, it actually includes numerous faculties which are normally learnt
separately today.
The term 'FIQH' in the Quran & Hadith
The word 'FIQH' and its derivation 'TAFAQQUH' has been extens-
ively used in the Quran and Hadith, and in almost all cases it denotes in-
depth study and profound understanding. The Quran says:
"If a group of people from every tribe stayed behind to study (and ponder on)
the religion, (they would be able) to warn and admonish their people when they
return to them so that they are cautious." (AlTawbah. V.122)
And the Prophet (s.a.w) is reported to have said:
"Whoever commits forty Hadith for the sake of my Ummah shall be resurrec-
ted by Allah as a learned FAQIH."
It is not known whether the term FAQIH was applied to the learned
companions of the Prophet (s.a.w). However, we certainly know that the
generation which followed the companions, known as TABE'EEN, used
this appellation for a number of scholars among them. There were for ex-
ample, seven great jurists among them who are known as 'FUQAHA

4
SAB'AH' i.e. the seven fuqaha. The year 94 A.H. was known as
'SANATUL FUQAHA' (the year of the Fuqaha) because in that year, to-
gether with our fourth Imam, Ali b. Hussain (A.S.), great jurists like
Saeed b. Musayyab, Urwah b. Zubair, Saeed b. Jubayr and others died.
Thereafter, great Islamic scholars, particularly the jurists were commonly
classified as Fuqaha.
Our Imams (peace be upon them) have used the term Faqih quite of-
ten. Some of their companions were recommended to study religion
thoroughly and become Faqih, and when they attained that degree of
knowledge, they were called FUQAHA. We know of quite a few stu-
dents of our Imams (A.S.) who were known as Shiah Fuqaha by their
contemporaries.
The term FAQIH as elucidated by Islamic Scholars.
In the Quran and Hadith, Fiqh denotes profound understanding and
knowledge of Islamic fundamentals and laws, and is not confined to any
particular branch of religious sciences. But with the passage of time, the
word become synonymous with the knowledge of Islamic laws and
jurisprudence.
The Ulema have divided Islamic teachings into three groups:
Principles of Faith These are the fundamentals which are related to
one's faith, like the belief of God, the resurrection and the Day of Judge-
ment, the Prophethood, the divine revelation, the Angels, the Imamat.
Moral behaviour and ethics These are aimed at improving human be-
haviour) and cultivating spiritual aspects of our existence. They deal
with TAQWA, Justice, Generosity, Bravery, Patience, Submission to the
Will of Allah, and so on.
Practical laws These deal with the rules and regulations laid down for
certain acts, and also provide guidelines for the way these acts be
performed.
The Fuqaha of Islam have restricted the use of the word FIQH to the
third category, perhaps because it has been a matter of popular concern,
and that the believer sought such guidance more often. This is why men
of proficiency in this branch of Islamic knowledge only came to be
known as 'FUQAHA'.
Hukme TAKLIFI & Hukme WADH'EE
It is important that we are acquainted with some of the terminologies
used by FUQAHA in relation to Islamic laws. The divine laws are di-
vided by them in two groups: TAKLIFI and WADH'EE.

5
 TAKLIFI laws are WAJIB, HARAM, MUSTAHAB, MAKROOH and
MUBAH. These are five aspects of Islamic laws which a Muslim has to
keep in mind while discharging his obligations.
In Islam, every human act will fall in one of these five categories.
There are acts which are WAJIB, which must be performed as an obliga-
tion, like the daily prayers, as opposed to those which are HARAM and
forbidden, like speaking lies, being unjust, intoxication, and so on. Then
there are acts which are optional. They are recommended acts which are
rewarded, but if not performed, no sin is committed. The example is op-
tional prayers (NAFILAH) which either precede or follow the daily pray-
ers. On the other hand, there are certain unworthy acts, i.e. MAKROOH,
which a Muslim is advised to avoid, but no sin is committed if he en-
gages in them, like talking about worldly affairs in the Mosque which is
supposed to be a place of worship. Besides, there are acts which are
MUBAH, meaning permissible acts, doing or not doing of them does not
entail any reward or punishment.
Thus, we see that Taklifi laws are based on 'do's' and 'don'ts', enjoin-
ing, forbidding, or generally permitting a Muslim.
WADH'EE laws are an amalgam of temporal and divine laws, partly
governed by natural or moral duties, like matrimony, proprietorship,
contracts and so on.
TA'ABBUDI and TAWASSULI
The obligatory (WAJIB) acts are of two types: TA'ABBUDI and
TAWASSULI.
Those Wajib acts which must be performed with a vivid and clear in-
tention (NIYYAT) of earning the pleasure and proximity of Allah
(QURBAT) are TA'ABBUDI. Such a niyyat is a prerequisite, in absence of
which the act would be considered invalid. The examples are all acts of
worships, like the daily prayers, fasting etc.
But there are other obligations which do not necessarily require the in-
tention of QURBAT for their validity, like obedience to the parents, ful-
filling promises and pledges, honouring the contracts, performing in-
cumbent social responsibilities and so on.
AYNI & KIFAI
WAJIB acts have been further classified as AYNI and KIFAI:
WajibeAyni are those obligatory acts with which every individual
Muslim is charged, like the daily prayers and fasting during the month
of Ramadhan. But WajibeKifai remains a collective obligation on the gen-
eral Muslim populace, until it is performed by one or few among them,
thus relieving the rest of the obligation.

6
 Like the social obligations of qualifying as a doctor, becoming a sol-
dier, a judge, a farmer or a businessman, and in this form of obligation is
included the rituals of GhusleMayyit, kafan and burial etc.
TA'YINI & TAKHYIRI
This is yet another classification of WAJIB acts. WajibeTa'yini relates to
those particular acts which have been specifically identified as obligat-
ory, like the daily prayers, fasting, Haj, Khums, Zakat, Amir bil Maroof,
Jehad etc. But WajibeTakhyiri offers choice and alternatives, like in the
case of kaffara for a person who has deliberately left out a fast in the
month of Ramadhan. He will either free a slave, or feed sixty deserving
poor, or keep sixty fasts.
NAFSI & MUQADDAMI
In this classification, NAFSI Wajib acts are those which are obligatory
by themselves, and are not a prelude to another obligation. For example,
it is Wajib to rescue a person who is on the verge of being burnt,
drowned or harmed to death.
Muqaddami obligation, besides being Wajib itself, is actually a mean
to performing another Wajib act. For example, it is Wajib to rescue a per-
son who has fallen into a well, but preparing for the rescue by way of
procuring a rope or any other implement is a Muqaddami Wajib. Simil-
arly, Haj is a NAFSI Wajib, but attending to its prerequisites like getting
a passport, buying the tickets, and other necessary preparations will be
termed Muqaddami. In the case of the daily prayers, for example,
Wudhu and Ghusl at the time of the prayers would be called
Muqaddami.

7
Chapter 3
THE FUQAHA
To understand any system thoroughly, it is imperative to get acquainted
with its scholars, particularly those who have made significant contribu-
tion to its development. And in the course of that study, one comes
across their important works which over a period have become the
sources of reference.
Ilmul Fiqh was meticulously recorded to form a valuable literature
during the last eleven centuries, which still exists, and has been con-
stantly studied in the Islamic seminaries. Eminent scholars were able to
train numerous students who in turn trained their students in this
branch of Islamic knowledge. This tutorpupil chain has remained un-
broken till today.
No doubt, other sciences like Philosophy, Logic, Mathematics and
Medicine are much older and volumes written on those topics date much
earlier. Yet they cannot be compared to FIQH which has been a growing
science with a continuous line of tutorpupil relationship. Of course, we
make this assertion keeping the Islamic colleges in view. It has been a
fortunate practice of Muslim scholars that they always identified great
scholars according to the generation to which they belonged. This was
first done in respect of Ulama of Hadith, to be followed later for the
Ulama of other branches of Islamic learnings. Special books were written
to categorise the generations, like TABAQATUL FUQAHA by Abu Ishaq
Shirazi, TABAQATUL ATIBBA by Ibn Abi Usayaba, TABAQATUL
NNAHWIYYIN and TABAQATUL SSUFIYYA by Abu Abd alrahman
Silmi.
However, as far as the generation of FUQAHA is concerned, the works
which exist are those written by Sunni scholars. We do not know of any
Shia work on the subject, with the result that we have to rely on various
biographical sketches and other books of IJAZAT wherein tutors have
certified the abilities of their pupils and allowed them to transmit the
Traditions further to their students.

8
 In the following paragraphs, we wish to acquaint ourselves with some
of the most outstanding FUQAHA of Shia sect, together with their not-
able contributions. In so doing, we hope to identify them in accordance
with the generations to which each belonged.
SHIA FUQAHA
For two obvious reasons, we have to begin the history of Shia
FUQAHA from the era of GHAYBATeSUGHRA, i.e. minor occultation.
(260 AH 329 AH). First, the era preceding GHAYBAT-eSUGHRA is an
era during which the holy Imams were present, and although there were
many men of knowledge and accomplishments who were trained by the
Imams themselves, people always tried their best to refer to the Imams
rather then to the Ulama. Even the Ulama travelled far and wide to reach
the Imams, so as to solve the problems they faced. Thus, in the era when
Imams were present and accessible, other scholars were eclipsed. Se-
condly, the literature we have at our disposal on FIQH commences from
the era of GHAYBATe-SUGHRA. We cannot trace, or rather are unable
to trace, any literature compiled on the subject in the earlier era.
However, many great FUQAHA lived in the period of our holy
Imams, and they are well known for their distinction and excellence
when compared to their contemporaries from other schools of thought.
Ibn alNadeem in his famous ALFIHRIST has a complete chapter on the
FUQAHA of Shia, and mentions their works on FIQH or Hadith with
deep reverence. For example, for Husain b. Saeed Ahwazi, he says: " In
his time, he had the widest knowledge of FIQH, Islamic Traditions and
Ethics". Similarly, he eulogises Ali b. Ibrahim Qummi by saying: "He is
among the great scholars and FUQAHA". Again, when mentioning
Muhammad b. Hasan b. Ahmed b. alWaleed Qummi, he says: "To his
credit is the great and comprehensive work on FIQH".
It must be known that the works on FIQH to which reference has been
made above were of a different nature. They were principally compila-
tion of those Hadith which they believed to be sound and authentic and
according to which they acted. So, they can safely be categorised as the
books of Hadith bearing a stamp of the writers' considered opinions.
Muhaqqiq Hilli, the maternal uncle and teacher of Allama Hilli writes:
"In view of the fact that we have a great number of FUQAHA who
have copiously written on the subject, it is not possible for me to quote
all of them. I have selected from those who were best known for their re-
search and scholarship, quoting their Ijtehad, and the opinions they ad-
opted for action. From amongst the earlier ones, I have selected Hasan b.
Mahboob, Ahmed b. Abi Nasr Bezanti, Husain b. Saeed Ahwazi, Fadhl b.

9
Shadhan Nisaburi, Yunus b. Abd alRahman. They lived during the pres-
ence of our Imams. From the later group, I quote Muhammad b.
Babawayh Qummi (popularly known as Shaikh Sadooq) and
Muhammad b. Yaqoob Kulaini. As for the people of Fatwa, I consider
the verdicts of Askafi, Ibn Abi Aqeel, Shaikh Mufeed, Seyyid Murtadha
Alamul Huda and Shaikh Tusi."
Evidently, Muhaqqiq Hilli, despite his high regard for the earlier
Ulama and for their independent opinions, excludes them from those
who he calls "the people of Fatwa". This is because the earlier Ulama
wrote books in the form of collections of Hadith, indirectly indicating
their opinions and verdicts by the selection of those Traditions which
they considered sound. Their works never came out in the form of clear
and direct fatwa.
Now we will mention the Juristconsults of the early period; those who
witnessed GhaybateSughra:
l. Ali b. Babawayh Qummi, died in 329 AH., and was buried in Qum.
His son, the famous Shaikh Sadooq is buried in the city of RAY. What
must be noted is that while the son is famous as MUHADDITH
(TRADIONIST), the father is a renowned FAQIH, and a man of FATWA.
Sometimes, reference is made to both of them as SADOOQAIN mean-
ing two Sadooqs.
2. Another great jurist, who was the contemporary of Ali b. Babawayh
Qummi, or perhaps a bit senior, is Ayyashi Samarkandi. Though he is
better known for his TAFSEER, he was a man of diverse capabilities,
having made an appreciable contribution to fiqh. Ibn alNadeem in his al-
Fihrist says that AYYASHI'S works on Fiqh were well known in Khuras-
an. Unfortunately, we have no access to any of his books on Fiqh. It
seems they have all perished.
AYYASHI was originally a Sunni who later converted to become a
Shia. He was a rich man, having inherited considerable wealth from his
father. But he invested all his wealth in collecting books, copying import-
ant manuscripts and in establishing colleges for training his students.
Some chroniclers have included Shaikh Jaffer b. Qawlawayh among
the Fuqaha, considering him to have lived during the times of Ali b.
Babawayh Qummi and GhaybateSughra. They have also mentioned him
as a student of the well known Sa'd b. Abdullah Ashari. But this is an er-
ror, since Ibn Qawlawayh was the teacher of Shaikh Mufeed, and his
death occurred in either 367 or 368 AH. As such, he cannot be counted as
a contemporary of Ali b. Babawayh, nor among the Ulama of Ghaybate-

10
Sughra. The fact is that it was his father Muhammad b. Qawlawayh who
lived during GhaybateSughra.
3. Ibn Abi Aqeel Ummani. This Umman is on the coast of YEMEN,
and therefore he was also known as YEMENI. He lived during Ghaybat-
eKubra, (major occultation) but the date of his death is not known.
BahrulUlloom mentions him as the teacher of Jafar b. Qawlawayh who
in turn taught Shaikh Mufeed. This makes it abundantly clear that Jafar
b. Qawlawayh was not a contemporary of Ali b. Babawayh as claimed by
some. Ibn Abi Aqeel is still quoted in FIQH by research scholars.
4. Ibn Junaid Askafi who died in 381 AH, was also Shaikh Mufeed's
tutor. He authored nearly fifty books, and his opinions as a Jurist are still
considered and discussed by the FUQAHA. In fact, he and the above
mentioned Ibn Abi Aqeel are often referred to as "ALQADEEMAIN",
"the two old and senior ones".
5. Shaikh Mufeed, whose name was Muhammad b. Muhammad b.
Noman. He was a theologian as well as a Faqih. Ibn alNadeem in his al-
Fihrist calls him 'Ibn alMuallim', and eulogizes him as a great theologian
(master of Ilmul Kalam). Born in 334 AH., he died in 413 AH. His famous
work on FIQH is known as 'MUQNI'AH' which still exists. Shaikh
Mufeed is one of the most brilliant scholars of Islam.
Abu Yala Ja'feri, the soninlaw of Shaikh Mufeed, says: "Mufeed slept
very little during the nights, devoting most of his time to prayers, stud-
ies, teaching or reciting the Holy Quran " .
Shaikh Mufeed is a student of Ibn Abi Aqeel's student.
6. Seyyid Murtadha Alamul Huda, born in 355 AH, died in 436 AH.
Allama Hilli calls him "the great teacher of Imamiyya Shia" . He was a
man of versatility, with a keen taste and talent for literature, theology as
well as FIQH. His verdicts and opinions are taken into account even
today. Among his famous works on Fiqh are 'INTISAR', and 'JAMALUL
ILMI WAL AMAL'. Seyyid Radhi, the compiler of NAHJUL
BALAGHAH was his brother, and they both studied from Shaikh
Mufeed.
7. Shaikh Abu Ja'fer Tusi, the brilliant star in the Islamic firmament,
was from KHURASAN. He was born in 385 AH., and at the age of 23, he
moved to Baghdad to join the great centre of Islamic knowledge. He
lived in Iraq all his life, and came to be known as the sole master of FIQH
after the death of his mentor, Seyyid Murtadha Alamul Huda. He has
several books and treatises on FIQH, USOOL, HADITH, TAFSEER,
KALAM and RIJAL.

11
 For the first five years in Baghdad, Shaikh Tusi had the opportunity to
study under the supervision of Shaikh Mufeed, gaining reputation as a
student of the first rank. After Shaikh Mufeed, he sat at the feet of Seyyid
Murtadha till the master died in 436 AH. The entire Shia world turned to
Shaikh Tusi who stayed at the helm for the ensuing 24 years. But this
was a tumultuous period during which sectarian differences in Baghdad
resulted in a lot of bloodshed and destruction. Shaikh Tusi's own house
and library were burnt down.
After 12 years in Baghdad, he moved to NAJAF where he established
the world famous HAWZA ILMIYYAH. He died in 460 AH, and was
buried there.
In the earlier days, Shaikh's important work on FIQH called al-
NIHAYAH was a part of syllabus in the seminaries. The other book "al-
Mabsoot" had broken new grounds for discussion on various subjects of
FIQH, and great Ulama who followed, proudly set forth to give elucidat-
ory marginal notes and commentaries on the Shaikh's opinions. Another
important work in FIQH is alKHILAF by Shaikh Tusi. This is a compar-
ative dissertation on SUNNI SHIA FIQH.
Besides these, there are other treatises on FIQH written by Shaikh. For
the last several centuries, whenever FUQAHA mentioned "SHAIKH", it
was understood to refer to Shaikh Tusi, and if they said 'SHAIKHAN',
they meant Shaikh Mufeed and Shaikh Tusi.
The descendents of Shaikh Tusi were Ulama of great repute, most out-
standing among them was his son Shaikh Abu Ali who was known as
MUFEED the second. He wrote a detailed commentary on his father's
book alNIHAYA. The daughters of Shaikh Tusi were also FUQAHA.
The grandson of Shaikh Tusi named Abdul Hasan Muhammad be-
came Marja after the death of his father Abu Ali. His classes were atten-
ded by students from far and wide, and he was able to train a good num-
ber of FUQAHA. Because of his piety and austere way of life, he was re-
spected by one and all. Imad Tabari says that if it were permissible to re-
cite SALAWAT upon anyone other than the Apostles, he would choose
Abul Hasan Muhammad. He died in 540 AH.
8. Qadhi Abd alAziz, better known as Ibn alBarraj, was a student of
both Seyyid Murtadha and Shaikh Tusi. He was sent to Syria by Shaikh
Tusi, where he served in TRIPOLI (in present day Lebanon) as a Qadhi
for 20 years. Among the famous books he wrote on FIQH the most note-
worthy are 'MUHADDHAB' and 'JAWAHIR'. He died in 481 AH.
9. Shaikh Abu alSalah Halabi of Syria, studied from Seyyid Mur-
tadha and Shaikh Tusi. He lived for 100 years. The author of

12
'RAYHANATUL ADAB' mentions that Abu alSalah studied from Sallar
b. Abdul Aziz also. If this were true then it means that Abu alSalah has
studied from three successive generations of the renowned FUQAHA.
He died in 448 AH., which means that he was older in age than both the
tutors. His famous work in FIQH is "KAFI". ShaheedeThani calls him
"KHALIFATUL MURTADHA FI BILADIL HALABIYYA", the successor
of Seyyid Murtadha Alamul Huda in Aleppo.
10. Hamza b. Abd alAziz Daylami, otherwise known as SALLAR
DAYLAMI died on Saturday, 6th of Holy Ramadhan, 463 AH. He is the
student of Shaikh Mufeed and Seyyid Murtadha. He came from Iran,
and passed his last days in Khurasan, where he was buried. He is a con-
temporary of Shaikh Tusi, though MUHAQQIQ HILLI has classified him
among the followers of Shaikh Tusi. His famous work on FIQH is
"MARASIM " .
11. Seyyid Abu alMakarim Ibn Zehra was from Aleppo, and he died
in 585 AH. In the faculty of Hadith, he narrates with only one link
between him and Shaikh Abu Ali, the son of Shaikh Tusi, and in FIQH,
he had a chain of tutors ending up with Shaikh Tusi. His famous work in
FIQH is " GHUNYAH " .
The author of MUSTADRAKUL WASAEL says that Ibn Zehra studied
alNihayah of Tusi from Ibn alHajib Halabi who studied it from Abdullah
Zainulbadi in Najaf, and he had studied it from Shaikh Rasheed alDeen
Ali b. Zeerak Qummi and Seyyid Abu Hashim Husayni, both being stu-
dents of Shaikh Abd alJabbar Razi, a well known student of Shaikh Tusi.
Thus we see that Ibn Zehra is connected with Shaikh Tusi by four inter-
vening generations.
In the terminology of FUQAHA, whenever a refrence is made to
'HALABIYYAN', they mean Abu alSalah Halabi and Ibn Zehra. And if
the reference is made in plural, that is, 'HALABIYYUN', then Ibn alBarraj
is included.
12. Ibn Hamza Tusi, known as Imad alDeen Tusi of Khurasan, con-
tributed to FIQH by writing his famous 'WASEELAH'. However, histori-
ans have to make further research about this FAQEEH because the date
of his death is unknown, and it is not established whether he belonged to
the first era of Shaikh Tusi's students or to the later ones. Most probably
he died in the second half of the sixth century AH.
13. Ibn Idrees alHilli is one of the greatest Ulama, known for his inde-
pendent thinking. He was an Arab, and some chroniclers have men-
tioned him as the grandson of Shaikh Tusi from his mother's side. But
this relation has been disputed by others. He was the first FAQEEH who

13
differed with the opinions of Shaikh Tusi at the time when FUQAHA
had upheld Tusi's verdicts as final for nearly two centuries. However, his
criticism of Shaikh Tusi is at time quite harsh and abrasive, bordering on
rudeness. He died in 598 AH. at the age of 55.
His famous work on FIQH is "alSarair" which is still a book of refer-
ence. It is said that Ibn Idrees was a student of Seyyid Abu alMakarim b.
Zehra but this seems improbable, especially because of Ibn Idrees men-
tioning him casually as his contemporary, and as one who he had met. In
certain matters of FIQH, they had exchanged some letters.
14. Shaikh Abul Qasim Ja'far b. Hasan b. Yahya b. Saeed
Hilli, famous as Muhaqqiq Hilli. He must not be confused with Allama
Hilli. Muhaqqiq Hilli was Allama's maternal uncle and also his tutor. He
has several books on Fiqh, most popular among them are: SHARAE,
MAARIJ, MOTABAR, ALMUKHTASAR AL NAFE etc.
Muhaqqiq Hilli studied from the students of the great masters like Ibn
Zehra and Ibn Idrees Hilli. Some have erroneously counted him among
those who studied directly from these FUQAHA, forgetting that this was
not possible because Muhaqqiq Hilli who died in 676 Hijra could not
have attended the lessons of Ibn Idress or Ibn Zehra who had died more
than 80 years earlier. Most probably, he was trained by his grandfather
and later his father.
Muhaqqiq Hilli is acknowledged as the greatest among FUQAHA, and
whenever the term 'Muhaqqiq' is used without any qualification, then it
refers to him alone. The great philosopher and mathematician, Khwaja
Naseer alDeen Tusi speaks highly of his reminiscence with Muhaqqiq
who he met in Hilla, and attended his classes of FIQH. Muhaqqiq's book
'SHARAE' is still a part of curriculum in most of the Hawzas.
15. Hasan b. Yusuf b. Ali b. Mutahhar Hilli, renowned as Allama
Hilli was a prodigy. He was born in 648 Hijra, and died in 726 AH. He
remained under the tutelage of his maternal uncle Muhaqqiq Hilli for
FIQH, and then proceeded to study from other masters of his era, includ-
ing Khwaja Naseer alDin Tusi who taught him Philosophy and Logic.
Later, he sat with the Sunni Scholars to study their FIQH.
His works include several memorable books and treatises on FIQH,
USOOL, Theology (i.e. KALAM), Logic, Philosophy and RIJAL. We
know of at least hundred books written by him, some of which are still in
the form of manuscripts. Each book of this great FAQEEH is enough to
portray his precocity and genius. Among the noteworthy books on FIQH
are IRSHAD, QAWAID, TAHREER, TADHKIRATUL FUQAHA and
TABSIRATUL MUTALLIMEEN, the last being studied by the students of

14
Hawza till today. Later Fuqaha wrote extensive commentaries on
Allama's works.
16. FakhralMuhaqqiqeen, is the title given to Allama Hilli's son. His
first name was Muhammad. Born in 682 AH., he studied under his father
Allama Hilli who was so impressed by the son's brilliance that he called
him Fakhr al Muhaqqiqeen. In his preface to QAWAID, Allama writes
his son's name showering much praise on him, and at the end of the
book prays that his son would attend to his incomplete works. His fam-
ous book on Fiqh is 'AYDHAH ALFAWAID' which he wrote to elucidate
some difficult parts of his father's QAWAID. The opinions and deduc-
tions by this great FAQEEH are still taken into account by the FUQAHA.
He died in 771 A.H.
17. Muhammad b. Makki, also known as SHAHEEDeAWWAL hailed
from JABAL AMIL in South Lebanon, where Shias have lived for many
centuries. He was born in 734 A.H., and pursued his studies under the
care of great FUQAHA of his time, among them the illustrious FAKHR-
ULMUHAQQIQEEN.
The most renowned and popular work on FIQH by Shaheed is al-
LUMA'H which was written by him during his short term in the prison
which ended with his execution. He was martyred as a result of a fatwa
issued by a Maliki faqih, supported by Shafei, in the year 786 A.H.
It is a strange coincidence that two centuries later, a faqih who wrote a
commentary on alLUMA'H (i.e. SHARHeLUMA'H) was also executed
and martyred. He came to be known as SHAHEED THANI.
Other works by SHAHEED AWWAL on FIQH are DUROOS,
DHIKRA, BAYAN, ALFIYYAH, all of them are of highest order, and
have received great attention from the later day FUQAHA.
Three great Fuqaha, namely, Muhaqqiq Hilli, Allama Hilli, and
ShaheedeAwwal who lived during the 7th and the 8th centuries have left
the principle textbooks on FIQH, which were then elucidated by the jur-
ists who followed. The only other text worthy of mention was by Shaikh
Murtadha Ansari who died nearly 150 years ago.
The most distinctive feature of the family of ShaheedeAwwal is that
practically every member of the household was a Faqih. His wife Ummu
Ali and his daughter Ummu Hasan were both FUQAHA of the first or-
der. Ladies were instructed to refer to them for any problems of FIQH; in
fact, the daughter of SHAHEED was known as "SHAIKHAH" or
"SITTUL MASHAIKH", (SAYYIDATUL MASHAIKH) among the wo-
men. Shaheed had three sons, all of them FUQAHA.

15
 18. Fadhil Miqdad was from HILLA, studied from SHAHEED
AWWAL. He died in 826 A.H., therefore is known to be among the
FUQAHA of the ninth century Hijra. The most important book on FIQH
written by him is KANZUL IRFAN, in which he has compiled all those
verses of the Holy Quran which form the basis of FIQH, and had de-
duced from them several rules of Islamic jurisprudence. Of course, there
exist several books by Shia as well as Sunni scholars written in the same
vein but 'KANZUL IRFAN' stands out prominently as one of the best, if
not the best.
19. Abul Abbas Ahmad b. Fahd Hilli Asadi, popularly known as
'JAMAL ALSALIKEEN', was born in 757 AH. and died in 841 AH. He is
among the students of SHAHEEDeAWWAL and FAKHRUL
MUHAQQIQEEN. He also studied HADITH and FIQH from FADHIL
MIQDAD ALI b. alKHAZIN and Shaikh BAHAUDDIN Ali b. Ab-
dulkarim. Though he was better known for his works on ethics, morals
and mysticism, like 'UDDATU ALDAEE', his works in FIQH include
valuable book called 'al MUHDDHAB alBARE' and commentaries on the
works by Allama Hilli and Shaheed.
20. Shaikh Ali b. Hilal Jazaeri, was a man of piety and virtue, and a
master of traditional as well as rational sciences. His tutor in FIQH was
Ibn Fahd Hilli, and he himself produced brilliant students like Muhaqqiq
KARAKI, and Ibn ABI JAMHUR AHSAI. He was known as SHAIKHUL
ISLAM in his era.
21. Shaikh Ali b. Abd alAali Karaki, better known as Muhaqqiq
Karaki or even Muhaqqiq Thani (i.e. Muhaqqiq the second) was origin-
ally from Jabal Amel, south Lebanon. He completed his studies in SHAM
and IRAQ, before coming to Iran during the reign of Shah Tahmasp, the
first. Then an unprecedented thing happened. The Shah bestowed the
title of "SHAIKHUL ISLAMI" upon Muhaqqiq Karaki, granting him an
instrument of total authority over the affairs of the state, and appointing
himself as the Muhaqqiq's representative ruler! After Muhaqqiq Karaki,
this seat was occupied by his student Shaikh Ali Minshar, the fatherin-
law of Shaikh Bahai, the latter occupying it after the Shaikh's death.
Upon his arrival in Iran, he established a great Hawza in Qazwain and
later in Isfehan, training several students of repute, with the result that
Iran once again became centre of FIQH years after SADOOQAIN. He
studied under the distinguished tutelage of Ali b. Hilal Jazaeri, who had
studied from Ibn. Fahd Hilli. And as we know Ibn Fahd was a student of
the students of Shaheed Awwal. This way, Muhaqqiq Karaki is linked
with Shaheed through two generations.

16
 Among his own famous works on Fiqh are "JAMIUL MAQASID"
which, in fact, is a commentary on QAWAID by Allama Hilli. He also
wrote marginal elucidations and notes on the books of Fiqh by
Muhaqqiq Hilli and ShaheedeAwwal. His son, Shaikh Abd al Aali was
also a great FAQIH. Muhaqqiq Karaki died in 940 AH.
22. Shaikh Zainuddin, better known as SHAHEEDeTHANI (the
second Shaheed), is among the greatest Shia FUQAHA. He was born in
911 AH. in Jabal Amel, but he must have lived in TUS for a considerable
time, as he occasionally signed his name as "alTUSI, al-Shami " .
He was a widely travelled man, having visited Egypt, Syria, Hijaz,
Baitul Muqaddas, Iraq and Constantinople (Istanbul). Always in pursuit
of knowledge, he studied from nearly twelve Sunni Ulama of FIQH.
Apart from the proficiency in FIQH, he was well versed in Usool, Philo-
sophy, Irfan, Medicine and Astronomy.
He was a man of piety, known for his austere way of life. His students
have recorded in his biography that Shaheed maintained his family by
selling the woods cut by himself during the nights, and then sat to teach
during the day. While in Ba'lbak, he conducted classes in Fiqh according
to five schools, i.e. Ja'fari, Hanafi, Shafei, Maliki and Hambali. His fam-
ous work is the commentary on alLUM'AH which had been authored by
ShaheedeAwwal. His commentary, SHARHE LUMUAH is a part of cur-
riculum in almost every Hawza even today. He studied from Muhaqqiq
Karaki before the later migrated to Iran.
ShaheedeThani's son wrote the famous book on Usool, called
MA'ALIMULUSOOL. ShaheedeThani was martyred in 966 AH.
23. Ahmad b. Muhammad Ardabili, popularly known as Muqaddas
Ardabili was proverbial for his piety and austerity. He is also well
known for his extensive research in Shia FIQH. He lived in Najaf, during
the Safavid rule in Iran.
It is said that Shah Abbas Safavi very much wanted him to come and
live in Iran, but Ardabili would not relent. Because of the esteem in
which he held Muqaddas Ardabili, Shah Abbas wrote him to give an or-
der or a command which he would dutifully fulfil. Once it so happened
that a fugitive Momin from Iran came to Muqaddas Ardabili in Najaf, re-
questing him to write to the Shah recommending a pardon or reprieve.
Muqaddas wrote:
"The holder of temporary rule, Abbas, is advised that although this
man was initially a transgressor, he now seems to be oppressed. If you
pardon him, Allah may forgive some of your lapses. From the slave of
Master of Wilayat (i.e. Imam Ali (A.S.)) Ahmad Ardabili".

17
 In reply, Shah Abbas wrote:
"I bring to your esteemed notice that Abbas has rendered the service
ordered by you feeling profoundly obliged. I hope you will not forget
this devotee of yours in your good prayers. >From a dog on the
threshold of Ali (A.S.) Abbas " .
Ardabili's refusal to migrate to Iran in spite of the Shah's persistent re-
quests, proved a blessing to the Hawza of Najaf. It grew in strength, and
became as lively as the Hawza of Isfehan. The same way, the continuous
presence of ShaheedeThani, his son Shaikh Hasan, the author of
MA'ALIM, and his nephew Seyyid Muhammad, the author of
MADARIK, lent considerable strength and vigour to the Hawza of Sham
and Jabal Amel in Lebanon. In fact, the later two deprived themselves of
visiting the shrine of Hadhrat Imam Redha (A.S) fearing that they might
be persuaded to live in Iran.
Though we do not know the exact names of Ardabili's tutors, he cer-
tainly acquired his training from the students of ShaheedeThani In re-
turn, he tutored the son of Shaheed and his nephew.
Ardabili's noteworthy contribution to FIQH is his commentary on
IRSHAD and his AYATUL AHKAM. His profound treatment of the sub-
ject is still valued by the FUQAHA. He died in 993 Hijra.
24. Shaikh Bahauddin Ameli, more popular as Shaikh Bahai is from
Jabel Amel, Lebanon. Accompanied by his father Shaikh Husain b. Abd
alSamad, he travelled to Iran as a child. Later, he travelled extensively to
various Islamic countries in search of great scholars from whom he ac-
quired knowledge. Because of his creative talent and perception, he be-
came a master of several faculties and has books on various subjects to
his credit. He was a man of literature, a poet, a philosopher, a mathem-
atician, a Faqeeh as well as a MUFASSIR, and had a considerable experi-
ence in ancient medicine.
He is the first FAQEEH who wrote a handbook on FIQH for simple
layman in Persian language. The book, "Jame Abbasi" still exists. But
Fiqh has not been counted as his exclusive subject, because the scope of
his interests was so very wide. From his tour of EGYPT, SHAM, HIJAZ,
IRAQ, PALESTINE, AZARBAYJAN and HERAT, the man had actually
become a walking encyclopaedia. In spite of his diverse interests, he
trained great FUQAHA like Mulla Sadra Shirazi, Majlisi the first, (i.e. the
father of Majlisi the second who authored BIHARUL ANWAR),
Muhaqqiq Sabzwari and Fadhil Jawad. As mentioned earlier, after the
death of his fatherinlaw, Shaikh Ali Minshar, Bahai occupied the seat of
'SHAIKHUL ISLAMI' in Iran. His wife was also a FAQIH.

18
 Shaikh Bahai was born in 953 AH. and died in 1030 AH.
25. Mulla Muhammad Baqir Sabzwari was a man of many sided tal-
ents. Since he remained attached to the college of Isfehan which was
renowned for both FIQH and PHILOSOPHY, he became a master of ra-
tional as well as traditional sciences. He has two famous works on FIQH,
namely, 'DHAKHEERAH' and 'KIFAYAH', and is frequently mentioned
by the contemporaries as well as later day FUQAHA. In philosophy) he
wrote a comprehensive commentary of Abu Ali Sina's SHIFA on
ILAHIYYAT (i.e. Divinities or Theology).
Mulla Sabzwari, also known as Muhaqqiq Sabzwari, was taught by
Shaikh Bahai and Mulla Mohamed Taqi Majlisi (the first Majlisi). He
died in 1090 AH.
26. Aqa Husain Khwansari also known as Muhaqqiq Khwansari,
lived in the times of famous traditionists like Mulla Muhsin Faidh
KASHANI, and Allama Muhammad Baqir Majlisi (the second). He was
married to the sister of Muhaqqiq Sabzwari. Both of them shared com-
mon propensities, and therefore turned out to be brilliant masters of ra-
tional and traditional sciences.
Muhaqqiq Khwansari wrote 'MASHARIQ alSHUMOOS' in Fiqh. In
fact, it is a splendid elucidation of 'DUROOS' by ShaheedeAwaal. He
died in 1098 AH.
27. Jamal alMuhaqqiqeen, better known as Jamal Khwansari was
Muhaqqiq Khwansari's son, equally proficient in rational as well as tra-
ditional sciences. His work in Fiqh is the famous margin of elucidatory
notes on SHARHE LUMAH. He has so many students of distinction to
his credit, like Seyyid Ibrahim Qazwaini and others. The famous Seyyid
Mahdi BahrUlUloom is linked to him through two generations of
teachers.
28. Shaikh Bahauddin Isfehani, famous as 'FADHILeHINDI' was a
Faqih of the first rank, whose opinions are valued even today. He wrote
a commentary on Allama Hilli's "QAWAID", the book is called "KASHF
alLITHAM". He died in 1137 AH. during the days of Afghan rebellion.
29. Muhammad Baqir b. Muhammad Akmal, popular as 'WAHEED
BEHBEHANI', is, in fact, the saviour of IJTIHAD, and is therefore called
'USTADUL KULL'. He contributed to FIQH in two ways: one, he trained
a number of FUQAHA, each of whom became well famed MUJTAHID
of Shia school. The glittering names of Ulama like Seyyid Mahdi Bahrul
Uloom, Shaikh Jafar Kashiful Ghita, Mirza Abul Qasim Qummi, Haj
Mulla Mehdi Nuraqi, Seyyid Ali the author of "RIYADH", Mirza Mehdi
Shahrastani, and many others remind us of the greatness of the master.

19
Secondly, he stood firm against the innovative onslaught of Akhbaris,
and dealt them a death blow, from which Akhbari school has never
recovered.
Waheed Behbehani rose at the time when Safavid empire had de-
clined, and Isfehan had ceased to enjoy a central place. He migrated to
Iraq, along with his tutor Seyyid Sadruddin Rizvi, and settled in
KERBALA. Because of his piety and austere way of life, his students held
him in very high esteem.
Behbehani is related to Allama Majlisi through his mother. His grand-
mother Amena Begum, was a woman of erudition and FIQH, married to
Mulla Saleh Mezandarani, a man of profound knowledge. We have in-
stances when Amena Begum has taken part in difficult discussions with
her husband, and solving theological problems.
He was born in 1116 AH. and died in 1205 AH.
30. Seyyid Mehdi Bahrul Uloom, is a Faqih who has been rightly
placed in the immediate rank after our MASOOMEEN (AS), because of
his piety and virtue. His contribution to Fiqh exists in the form of verses.
Shaikh Jafar Kashiful Ghita, himself a Faqeeh of the first order, used to
wipe Bahrul Uloom's slippers with the end part of his turban.
He was born in 1155 AH., and died in 1212 AH.
31. Shaikh Ja'far Kashiful Ghita was born in 1154 AH. in Najaf. He
studied from Waheed Behbehani and Seyyid Mehdi Bahrul Uloom. His
famous work is 'KASHIFUL GHITA' from which the family derived the
famous apellation, 'KASHIFUL GHITA'. Among his outstanding stu-
dents are Shaikh Muhammad Hasan, the author of encyclopaedic work
called Jawahir al Kalaam, and Seyyid Jawad who wrote 'MIFTAHUL
KARAMAH' . All of his four sons were FUQAHA of repute, and have
immensely contributed to the development of FIQH.
He died in 1228 AH.
32. Shaikh Muhammad Hasan, the author of an encyclopaedic work
on FIQH, "JAWAHIRUL KALAM", was born in 1202 AH. He is of Arab
descent. This great work has become monumental; the author spent
thirty years of his prime life for its completion. The last edition printed in
Iran ran into fifty volumes, each volume consisting of about 400 pages.
The work is an indispensable companion of every FAQIH worth any
name, since each line in it requires profound pondering and elucidation.
One could say that Shaikh Mohammad Hasan was an ideal example of
devotion and dedication. He died in 1266 AH., having commenced the
extra ordinary work at the age of 25.

20
 Shaikh was a student of Shaikh Ja'far Kashiful Ghita, as well as of
Seyyid Jawad, the author of 'MIFTAHUL KARAMAH'. In his time, he
was a sole Marja, having established a great Hawza of his own in
NAJAF. He is referred to as 'SAHIBeJAWAHIR'.
33. Shaikh Murtadha Ansari was a descendent of the Prophet's noble
companion, Jabir b. Abdullah Ansari. He was born on 18th Dhul Hajj
(the day of IddeGhadeer) 1214 AH. in Dezful. For 20 years, he studied in
Iran before leaving for Iraq. After a brief stay there, he decided to return
to Iran. When he met Mulla Ahmed Nuraqi, the author of 'ME'RAJU
SSA'ADAH' and 'MUSTANAD ALSHIAH', in Kashan, Shaikh decided to
remain there under his tutelage. In 1252 AH. he decided to visit the holy
shrines of Iraq, but this sojourn was destined to be final, for here he star-
ted his own classes which made him world famous. He became an indis-
putable MARJA' after the death of SahibeJawahir.
Shaikh was a genius of extra ordinary calibre. In Usool and FIQH, his
originality and analytic mind enabled him to blaze a new path, a path
which has been adopted and followed by all the subsequent FUQAHA.
His two great works, 'RASAIL' and 'MAKASIB' are an inalienable part of
the curriculum in modern Hawzas. We can say that after Muhaqqiq
Hilli, Allama Hilli and ShaheedeAwwal, the figure of Shaikh Murtadha
Ansari towers highest among the Shia FUQAHA. He is rightly known as
' KHATIMUL FUQAHA WAL MUJTAHEDEEN' .
He died in Najaf in 1281 AH.
34. Haj Mirza Muhammad Hasan Shirazi popularly known as 'Mirza
Shirazi Buzurg' was born in Shiraz on 15th Jamad AlAwwal 1230 AH.
He did his preliminary studies in Isfahan and then migrated to Najaf to
join the Hawza of 'SAHIBeJAWAHIR'. After the death of "Sahibe-
Jawahir", he joined the classes of Shaikh Murtadha Ansari, becoming one
of the most brilliant and highly regarded students. After the death of
Shaikh Ansari, he became the sole Marja, his tenure lasting for 23 years.
He is famous for his Tobacco fatwa which led to the abrogation of the
notorious British monopoly in Iran.
Unfortunately, we do not have any of his written work on Fiqh, but his
verdicts and IJTEHAD have been known through his great students, like,
Mulla Muhammad Kadhim Khurasani, Seyyid Muhammad Kadhim
Taba Tabai, Haji Redha Hamdani, and Mirza Muhammad Taqi Shirazi.
He died in 1312 AH.
35. Akhund Mulla Muhammad Kadhim Khurasani was born in Tus
in 1255 AH., in a family not known for any contribution to FIQH. At the
age of 22, he came to Tehran for a brief study in Philosophy and then

21
travelled to Najaf where he had an opportunity of joining the lessons of
Shaikh Ansari for two years. Thereafter, he studied under the tutelage of
Mirza Shirazi Bururg.
When his master, Mirza Shirazi left for Samarra, Akhund Khurasani
decided to stay behind in Najaf. Here he started his own Hawza. Because
of his effective style of teaching he attracted many students. It is reported
that at one given time, he taught nearly 1200 students, out of whom
nearly 200 were of the rank of IJTEHAD.
Great FUQAHA of our time, like Seyyid Abul Hasan Isfehani, Haji
Shaikh Muhammad Hasan Isfehani, Haji Seyyid Husain Burujardi, Seyy-
id Husain Qummi, Aqa ZiaudDeen Iraqi were all his students. The
Hawza of Akhund is distinguished for its extensive and analytic treat-
ment of UsoolalFiqh. His great work 'KIFAYAH' is studied even today
with utmost care. It is a work which has necessitated writing elucidatory
footnotes and commentaries. Many Ulama of repute have attended to
this need, and nearly 120 commentaries exist to explain what Akhund
had to say.
Akhund Khurasani gave a fatwa in favour of MASHRUTIYYAT which
was adopted in the state constitution of Iran. Akhund died in 1329 AH.
36. Mirza Husain Naceni was born on 17th Dhul Qa'dah 1276 AH. in
Naeen. He was a student of Mirza Shirazi Buzurg and Seyyid
Muhammad Fisharaki Isfehani. In his major contribution to Usoolul-
Fiqh, he differed in many matters with Akhund Khurasani, disputing the
latter's conclusions. Many students were trained by him in Fiqh. He is
also famous for his political treatise called 'TANZEEHUL UMMAH'. He
died in Najaf in 1355 AH.
37. Ayatullah Seyyid Abul Hasan Isfehani was born in 1277 AH. in
one of the villages on the outskirts of Isfehan. He was a Faqih of the first
rank, and a sole Marja after the death of his contemporary, Mirz Husain
Naeeni. The tenure of his Marjaiyyah is particularly known for its com-
mendable administration. After his preliminary training in Isfehan he
travelled to Najaf and gradually joined the lessons of Akhund Khuras-
ani, who soon recognised the talents of his disciple His famous Amaliyya
in FIQH is 'WASEELATU NNAJAT' which due to its comprehensive
nature, has been elucidated by many FUQAHA including Ayatullah
Khomeini. Among his famous students were Ayatullah Seyyid Mohsin
AlHakim, Ayatullah Seyyid Meelani, Ayatullah Mirza Hashim Amuli
and others.
He died in Najaf on 9th Dhul Hijjah in 1365 AH.

22
 38. Ayatullah Seyyid Husain Burujardi, was born in Burujard in 1292
AH. He was a student of masters like Akhund Khurasani and Aqa Zia
Iraqi. FIQH was his special interest, and in order to master it fully, he
studied FIQH of all the Islamic schools of thought. While citing the Tra-
ditions of Masoomeen (AS) to support any of his deductions, Seyyid Hu-
sain Burujardi is known to have brought so many new aspects to light.
He also had a keen insight in the science of RIJAL. Shaheed Mutahhari
and Ayatullah Shaikh Husain Muntadhar are among his numerous
worthy students.
He died in Qum on 13th Shawaal 1381 AH. at the ripe age of 90.
39. Ayatullah Seyyid Muhsin AlHakim was born in 1306 AH. in a
family renowned for its scholarship. He studied under the tutelage of
great FUQAHA, like Ayatullah Seyyid Muhammad Kadhim Yazdi,
Ayatullah Mirza Husain Naeeni, Ayatullah Zia Iraqi and others.
He became a sole Marja after the death of Ayatullah Seyyid Husain
Burujardi, with whom his family tree shared a common lineage finally
reaching Ameerul Mumineen Imam Ali b. Abu Talib (AS). The Hawza of
Najaf grew immensely under his Marjaiyya, boasting nearly an unpre-
cedented figure of 8000 students. He also instituted several changes in
the curriculum of the Hawzas, which have had far reaching effects. His
famous work in FIQH is 'MUSTAMSAK' which is acknowledged as the
most exhaustive and enlightening commentary on the first part of al-Ur-
watul Wuthqa. The style and skill of his reasoning established him
among the FUQAHA of the first rank. He is also well known for his clear
fatwa against Communism, declaring it an ideology of KUFR and
ATHEISM.
He died on 27the RabiulAwwal 1390 AH. in Najaf and was buried in
the great and modern library he had established.
40. Ayatullah Seyyid Abul Qasim ElKhoee was born in Khuy, on
15th Rajab, 1317 AH. He came to Najaf at the age of 13 with his father
Seyyid Ali Akbar ElKhoee. After completing his preliminary studies at
the age of 20, he joined the final classes under great tutors like Shaikh al-
Shariah Isfehani, Shaikh Muhammad Husain Isfehani, Shaikh Zia Iraqi
and Mirza Husain alNaeeni. Ayatullah ElKhoee's main contribution was
to Usool alFiqh, but he was also a great FAQEEH, in a sense that his
classes on FIQH were attended by some of the most prominent scholars
of his time. After the death of Ayatullah Seyyid Muhsin AlHakim in 1971
AD. he became a sole Marja. His tenure of Marjaiyyah was tumultuous,
and it lasted for nearly 22 years. He died on 8th Safar 1413 AH. (i.e. 8th
August 1992).

23
 It is said that the number of great FUQAHA trained by him during the
five decades of constant teaching exceeds one thousand.
SUMMARY
We have briefly introduced 40 great lives from the world of FIQH,
starting with the era of GhaybateSughra till the onset of fifteenth century
Hijra. These were the prominent jurisconsults of Shia sect whose names
and works have guaranteed the life and growth of Islamic Shariah.
However, it must be mentioned that there were many others whose con-
tributions cannot be underestimated, and some o them have been re-
ferred to in this brief treatment. Following important points emerge from
the above:
a) Fiqh has had a continuous growth right from the third century
Hijra, and it has been taught and developed incessantly in the great Shia
seminaries. If we were to take the example of Ayatullah Seyyid Abul
Qasim ElKhoee, we can connect him upwards with his masters one gen-
eration after another, forming a glorious chain which links with the era
of our Imams (AS). This continuity is unique in Islam and what is more
noteworthy is that the continuity made Islamic guidance available to the
Ummah at all times and in varying circumstances .
The reason for starting from the third century Hijra is not because no
FUQAHA existed before that time. It is because the era earlier than
GhaybateSughra was the era of our Imams (AS) and in their presence
FUQAHA obviously were eclipsed. However, we know their namev and
we also possess a list of their works on fiqh. For example, the earliest
work on record is the book on Fiqh written by Ali b. Rafe' who lived dur-
ing the time of Imam Ali b. Abu Talib (AS). Ali b. Rafe's brother Abdul-
lah was Imam Ali's (AS) scribe as well as official in charge of Treasury.
b) It is not true to say that fiqh and other Shia teachings were promul-
gated by the Iranians alone. Till tenth century Hijra, the contribution
mainly sprang from nonIranian sources. Later, during the Safavid rule in
Iran, Iranian scholars became major contributors.
c) Iran has not always been the centre of FIQH. In fact, the earliest or-
ganised Shia Centre of FIQH is traced in Baghdad, followed by Najaf
during the days of Shaikh Tusi. Later, it was matched by Jabal Amel
(Lebanon), Hilla (Iraq) and Aleppo (Syria). Isfehan (Iran) became known
as a centre of FIQH during the Safvid regime, but at the same time
Muqaddes Ardabili revived the Hawza of Najaf.
As far as Qum is concerned, it had a progressive Hawza during the
bloom of Baghdad, centred around personalities like Ibn Babawayh, Ibn
Qawlawayh and others. Then there was a period of decline, till its

24
regeneration during the Qajar dynasty, under the supervision of Mirza
Abul Qasim Qummi, the author of monumental 'QAWANIN'. With the
growth of Hawza in Najaf, Qum again withered away till the third reviv-
al took place under Shaikh Abdulkarim alHaeri in 1340 AH. Today, as
we pen these lines, Qum is the greatest seminary of FIQH and other
Islamic branches of knowledge. With the onslaught of BA'THIST infidel-
ity in Iraq, the Hawza of Najaf has disintegrated. Hopefully, this is one
of the temporary phenomena which make their appearance in history.
Allah knows best, and upon Him we rely.
No doubt, the growth of smaller Hawzas in Iran had been noticeable,
and they were quite prolific. Mention should be made of FIQH being
taught at its highest level in MASHHAD, HAMDAN, SHIRAZ, YAZD,
KASHAN, TABREEZ, ZANJAN, QAZWAIN, and KHWANSAR. But
these never grew up to reach the magnitude of Hawza in Qum.
d) It must be acknowledged that the impact of FUQAHA of JABAL
AMEL, like Muhaqqiq Karaki and Shaikh Bahai, has been great and de-
cisive. The Safavids themselves, as it is known, were more inclined to-
wards TASAWWUF and mysticism. Had it not been for these FUQAHA
who decided to migrate and live in Iran, establishing the great college of
Isfehan, Iran would not have been what it is today in as far as promulga-
tion and development of FIQH is concerned.
e) As Shakeeb Arsalan has mentioned, Shia School in Jabal Amel is
centuries older than the one in Iran. Some historians have indicated that
the school of Ahlul Bait (AS) in Jabal Amel was established by Abu Dhar
Ghifari, the noble companion of our Prophet (s.a.w). Abu Dhar lived in
Sham which in those days included all or parts of Lebanon, condemning
the wealth being unscrupulously amassed by Mua'wiyah and his lack-
eys, at the same time preaching the Shia faith.
f) We feel that the contribution of FUQAHA in India must not be ig-
nored. In order to give a balanced view of the global development of
FIQH, we would like to briefly introduce some of the renowned names
in Shia history of India:
1. Seyyid Dildar Ali, popularly known as Ghufran Ma'ab, was the son
of Seyyid Muhammad Muin bin Seyyid Abdul Hadi. It would seem that
his family, like many other Seyyid families, left Nishapur (Iran) because
of the Mongol invasion and settled in India. He was born in 1166 AH. He
completed his early studies in India, and in 1193 AH travelled to Iraq for
further studies. Among his tutors in Iraq were great Fuqaha like Shaikh
Ja'far Kashiful Ghita, and Wahid Behbehani. Later, he went to Mashhad
(Iran) for further studies.

25
 Seyyid Dildar Ali, while in India, was of Akhbari persuasion, but he
changed to Usuli school after his intensive studies in Iraq. Upon his re-
turn to Lucknow, he became a Marja' in India, his fatwas being regarded
as final by the Shia populace.
His magnum opus in Theology (IlmulKalam) is known as "Imadul-
Islam" which he wrote in Arabic, in refutation of antishia arguments by
FakhrudDin Razi. His detailed work in FIQH is 'MUNTAHAL AFKAR'.
His sons were also pious, dedicated scholars and teachers.
Seyyid Dildar Ali died in the night of 19th Rajab 1235 (2nd May 1820),
and was buried in Lucknow.
2. Mufti Mohammad Abbas son of Seyyid Ali Akbar Jazaeri
Shushtari, was born at the end of RabiulAwwal 1224 AH. (15th May
1809). As a child, he was gifted and precocious, having composed an
Urdu MATHNAVI on Shia doctrines at the age of 12. More than 150 of
his books have been published but a large number still remain in
manuscript form. He never visited Arabia, yet Arab scholars were im-
pressed by his Arabic prose and poetry.
His deep understanding of FIQH prompted Sultanul Ulama, Seyyid
Mohammad, son of Ghufran Ma'ab, to appoint him the MUFTI of Luc-
know. Mufti Mohammad Abbas compiled a guide book for the Qadhis
and Mufties of AWADH and the principles laid down by him were fol-
lowed by the judiciary.
He had six sons, one of them Mufti Seyyid Ahmad Ali (died in 1969)
was also a Faqih of repute. He was the principle of Nazmia Arabic Col-
lege, Lucknow.
Mufti Mohammad Abbas died on 25th Rajab 1306 (27th March 1889) at
Lucknow.
3. Seyyid Hamid Husain, son of Mufti Muhammad Quli, was born in
Meerut, India, on 5th Muharaam 1246 (27th June, 1830). He studied Ar-
abic literature with Mufti Mohammad Abbas, and Sayyidul Ulama Seyy-
id Husain (the youngest son of Ghufran Ma'ab) trained him in FIQH and
Usool.
Seyyid Hamid Husain acquired his knowledge of the Islamic sciences
in India, and although he visited many scholars during his pilgrimage to
Arabia and Iraq, his main interest lay in collecting books and
manuscripts for doctrinal and historical research. Ulama of Iran and Iraq
have paid glowing tributes to him in their evaluation of his copious con-
tributions, particularly the encyclopaedic work on Imamah, called
'ABAQATUL ANWAR'.

26
 Ayatullah Seyyid Muhsin Amili in his 'A'AYANU SSHIA' says: " A
man of his eloquence, proficiency in Traditions, Islamic history and
Theology is not to be found during his time. In fact, neither before nor
after. If we said that a scholar of his status has not appeared after the era
of MUFEED and MURTADHA, it would not be an exaggeration"
His work on FIQH includes "ALDHARAE" which is a commentary on
'SHARAE', 'ZAINUL WASAIL', 'ALSHARIAH ALGHARRA', 'ALNAJM
ALTHAQIB' and others.
4 Seyyid Najmul Hasan, popularly known as Najmul Millat. He was
the son of Seyyid Akbar Husain of Amroha. Seyyid was born on 6th
Dhul Hijja 1279 (25th May 1863). He was a favourite disciple and sonin-
law of Mufti Muhammad Abbas. He studied all the higher faculties, in-
cluding Fiqh and Usool in India, under the tutelage of Abul Hasan Abbu
Sahib and Mufti Muhammad Abbas. Himself a Faqih of the first rank, he
trained several Ulama like Seyyid Sibte Hasan, Seyyid Adeel Akhtar and
Hafiz Kitayat Husain. He will ever be remembered for his services to the
Shias of Tibet, Burma, Africa, and countries in the West, rendered
through the missionaries trained in his Madrassah Nazmiah, Lucknow.
He died on 17th Safar 1351 AH (18th April 1938).

27
Chapter 4
THE CHAPTERS AND TITLES IN FIQH
As mentioned earlier, the range of topics covered by Fiqh is very wide. It
is therefore necessary to briefly acquaint oneself with the chapters and
headings of these subjects. The only subjects which are outside the pale
of Fiqh are the fundamentals and the Islamic ethics.
It must be noted that the classification of the subjects under Fiqh was
first organised by Muhaqqiq Hilli in his famous work 'SHARAE', and
later, 'SHAHEEDEAWWAL', glossed over it. He divided the topics into
four parts: IBADAAT, (acts of worship), UQOOD (contracts),
IQAA'AT(pronouncements) AHKAM (the laws).
IBADAAT All those acts which ought to be performed as prescribed
in Sharia, and must be preceded by the NIYYAH of QURBAT are known
as IBADAAT. e.g. daily prayers, fasting, Haj etc.
AHKAM Those duties which are to be discharged according to
Sharia, but do not necessarily require any NIYYAH of QURBAT nor do
they require any pronouncement of specific formula while performing
them are called AHKAM. For example, the laws of inheritance, the penal
code, the laws of compensation and blood money etc.
UQOOD Those contracts of Sharia which do not require the NIYYAH
of QURBAT, but are to be declared with the pronouncement of a formula
in which one party declares the intention and another responds by ac-
ceptance, are called AQD (pl. UQOOD) for example, Marriage (Nikah),
Ijarah (letting or leasing), Bay' ( buying and selling) etc.
IQA'AAT Those pronouncements which do not require participation
of two parties. In other words, a person pronounces it unilaterally, and
the act is considered valid in Sharia. For example, remission of debt
(releasing a debtor from his liabilities), divorce, and releasing a slave etc.
Muhaqqiq Hilli has discussed all the four categories under forty eight
Chapters. In Ibadaat, he has ten chapters, in Uqood fifteen, in Iqa'aat el-
even and in Ahkam twelve. Later, these numbers have had some altera-
tions which we shall notice in the course of our discussion.

28
 In the early era, that is, the first and the second century Hijra, the
FUQAHA chose one or two topics of FIQH and wrote about them. They
did not venture to write a comprehensive work covering the whole
range. As we study their lives, we find that they have authored books on
SALAT, IJARAH, NIKAH and so on. Instead of stating that they have
dealt with a particular chapter in FIQH, they named each separate treat-
ise as KITAB. Thus, we come across 'KITBUN NIKAH', 'KITABU
TTAHARAH' and so on.
Let us now examine how Muhaqqiq Hilli divided IBADAAT in ten
chapters.

29
Chapter 5
IBADAAT
First Chapter KITABU T TAHARAH
Taharat means cleaning from the impurities, which are of two types:
KHABATH and HADATH.
Those impurities which have been specified as inherently NAJIS like
urine, excrement, blood, semen etc. are called KHABATH. When our
bodies or clothes come into contact with them, they have to be made
clean. Then there are certain acts of Taharat which are ritual and are a
prerequisite to the acts of worship like Namaz and Tawaf. These are
WUDHU, GHUSL or TAYAMMUM. They are invalidated by natural
causes like sleeping, urinating or entering into a state of JANABAT, and
they have be reinstated.
Second Chapter KITABUS SALAAT
In this chapter, various prayers like the daily Namaz, Namaz of Idd,
NamazeMayyit, NamazeTawaf, Nafila etc are outlined. Then the laws
which explain the prerequisites of SALAAT, and the acts which invalid-
ate the prayers are elaborated. Details are given about Namaz in one's
own home town, Namaz of a traveller, Namaz prayed alone, and the one
in congregation (JAMAAH), Namaz prayed on time, and those as
QADHA.
Third Chapter KITABUZ ZAKAH
In this chapter, various types of wealth tax are discussed, especially
the one whicll is applied to Gold, Silver, Wheat, Barley, Dates, Grapes,
Cattle (big and small) and Camels. Details of percentage levied, and the
ways of spending Zakat are also explained.
Fourth Chapter KITABUL KHUMS
Khums means onefifth (20%) and is also a type of wealth tax. Accord-
ing to SUNNI FIQH, this is applicable to the spoils of war only. But in
our FIQH, the spoils of war are just one of the many other incomes and
accruals on whicl1 ICHUMS is to be paid. For example, the minerals, the
treasures, the wealth which is mixed with HARAM in a manner that it

30
cannot be extricated, and its rightful owner cannot be traced, the wealth
acquired by diving, and the net savings and profit in businesses etc.
Fifth Chapter KITABUS SAWM
This chapter deals with the laws governing fasting, and distinguishes
obligatory fasts of the month of Ramadhan from other categories. For ex-
ample, the forbidden fasts on IDD days, the MAKROOH fast on
ASHURA day, and so on.
Sixth Chapter KITABUL I'TEKAF
Literally, it means to retire into a place. In FIQH, it is a form of wor-
ship. When a person wishes to do I'TEKAF, he has to retire into a
mosque for three days or more, and fast for three days. He remains se-
cluded, not stepping out of the mosque. This act is optional in itself, but
if one commences it and continues for two days, then it is WAJIB to com-
plete the third day. Originally I'TEKAF was to be observed in
MASJIDUL HARAM (i.e. Makkah), MASJIDUL NNABI (i.e. Madinah),
MASJID of KUFA. But it is also allowed in the central mosques of any
town or city, excluding small mosques. The Prophet (s.a.w.) always ob-
served I'TEKAF in the last ten days of holy RAMADHAN.
Seventh Chapter KITABUL HAJ
This deals with all the obligatory and optional acts, during pilgrimage
to Makkah, like wearing IHRAM, TAWAF, NAMAZ OF TAWAF,
WUQOOF at ARAFAH, MASHAR, MINA etc.
Eighth Chapter KITABUL UMRAH
It is a smaller or lesser Haj, and it is obligatory for the Hajis who must
perform it first before proceeding to complete the Haj. It consists of
Ihram, Tawaf, Namaz of Tawaf, Saee', Taqseer.
The acts of Umrah are performed in the following order:
1. Ihram
2. Tawaf
3. Two Rakaats of Tawaf
4. Saee (between SAFA and MARWAH)
5. Taqseer
In Haj, the order is as follows:
a) Ihram
b) Wuqoof at ARAFAH
c) Wuqoof at MASHAR
d) RAMI of the last JAMARAH at MINA
e) Sacrifice of animal
f) To shave off the hair, or cutting nails etc.
g) Tawaf of Haj

31
 h) Two Rakaats for Tawaf
i) Saee' for Haj
j) TawafunNisa
k) Two Rakaats for TawafunNisa
l) Staying at night in MINA m) Rami of all JAMARATS in MINA
Ninth Chapter KITABUL JIHAD This chapter deals with the holy
wars which is deemed absolutely necessary for the preservation of secur-
ity and welfare of a society. Jihad can be of two types: One initiated and
another defensive. Shia FIQH stipulates that in order to initiate a Jihad,
consent must be had from the Prophet (s.a.w) or any Masoom Imam. As
for the defensive holy war, it can be waged as and when it becomes ne-
cessary. This chapter also deals with the laws pertaining to DHIMMIS
who seek refuge under an Islamic state, and about truce and peace treat-
ies between Islamic and nonIslamic countries.
Tenth Chapter AMR BIL MA'ROOF and NAHY ANIL MUNKAR
In an Islamic society, it is the responsibility of every Muslim to enjoin
good and forbid evil. Of course, there are conditions and regulations for
carrying out this duty. This chapter deals with them extensively.

32
Chapter 6
UQOOD (Contracts)
Muhaqqiq Hilli has divided this into fifteen chapters.
Chapter One KITABU TTIJARAH It deals with purchase and sale,
conditions of transactions, types of transactions like cash or credit sales,
profits, usury, and so on. It also explains rules of contracts, pronounced
or by conduct.
Chapter Two KITABALRAHN Deals with buying or selling a
mortgage.
Chapter Three KITAB ALMUFLIS Muflis means a bankrupt, who
cannot pay off his debts. The Islamic jury would immediately issue an
order to restrain such a person from using his wealth till such time when
a thorough assessment has been made, and possible payments to the
creditors have been arranged.
Chapter Four KITAB ALHIJR It is an interdiction where an owner of
wealth or property is restrained from having any say in its use, like in
the cases of a bankrupt, a minor, an insane person, a dying person who
intends to will beyond his right of onethird, a fool etc.
Chapter Five KITAB ALDHAMAN
It means a warranty or guarantee. In Shia FIQH, a guarantor becomes
responsible for the debts, to the exclusion of the debtor, but the guarant-
or can call for reimbursement from the debtor. Muhaqqiq Hilli has in-
cluded all sureties and promissory notes in this category.
Chapter Six KITAB ALSULH
Sulh here does not mean peace agreement or truce. It actually
means settlement, concession or compromise. For example, to settle a
debt whose exact figure is not known by offering a certain sum, and so
on.
Chapter Seven KITAB ALSHARIKAH
It means joint ownership, like in the case of inheritance. As long as it
has not been divided, it belongs jointly to all the heirs. It also means part-
nership. Interestingly, there are cases of unwilling partners, when wheat

33
owned by one person gets mixed up with wheat belonging to another,
and separating is impossible. Partnership in businesses, industries and
agriculture are contracted by an agreement.
Chapter Eight KITAB ALMUDHARIBAH
It is a partnership between capital and labour. When a man or a group
of men investing their capital for a business, enter into an agreement
with those who will put in their labour or will manage, they must first
agree about the share of dividends, and then either pronounce a formula
for MUDHARIBA, or make some practical gestures.
Chapter Nine KITAB ALMUZARI'AH OR MUSAQAT
This is a type of MUDHARIBA, but with a difference. Instead of an ar-
rangement between a businessman, an industrialist and a worker, it is an
agreement between a landowner and a person who will work to till the
land and carry out plantation, with a clear understanding about profit
sharing when the harvest is ready. MUSAQAT is an arrangement
between the farmer or garden owner, and the worker who undertakes to
water the garden etc. and do all such work which would help the harvest
or fruition. Again, it is absolutely necessary that a prior agreement on the
proportion of profit to be shared by each is reached. In MUDHARIBAH,
MUZARIAH and MUSAQAT, the profit, little or more, is proportion-
ately shared, but the losses are borne by the capitalist alone.
Chapter Ten KITAB ALWADEE'AH
This is just like AMANAT, where a person deposits his property in
trust with another person, making him responsible for its protection and
security. This chapter deals with the responsibilities of the trustee, partic-
ularly in the circumstances of loss or damage.
Chapter Eleven KITAB ALARIYAH
To borrow something from a person, with an intention of benefiting
from it. The difference between this and WADEEAH is that in
WADEEAH a person is given something to hold in trust, with no per-
mission to use it in any way; while in ARIYAH, a person agrees to lend
his property to another person with a clear understanding that the latter
will use it to derive some benefit. Simple example are lending a car to
someone for his use, lending clothes for wearing etc.
Chapter Twelve KITAB ALIJARAH
To hire, or give on rent. This is done in two ways. Either one gives
away his property to another for use against an agreed sum of rent, or
one undertakes to complete a certain peace of work against payment.
This arrangement has one common feature with ordinary purchase and
sale in both the cases, something is given in return. The difference is that

34
in any business or sale, a commodity is exchanged with money or its
value, while in IJARAH, the property itself is not exchanged, but its util-
isation or benefit is hired or rented out.
Chapter Thirteen KITAB ALWAKALAH
To appoint someone authorising him to enter into a contract on one's
behalf or to make a certain commitment. The example is when a WAKIL
is appointed for Nikah, Ijarah, Selling, Divorce, etc.
Chapter Fourteen KITAB ALWUQOOF & SADAQAT
This deals with endowments and charities. WAQF means to exclude
ones own property from ownership and give it away for a particular use.
In other words, it is an endowment settled for public use. Many laws
govern this act, and FUQAHA debate over whether WAQF requires an
intention of QURBAT or not. Then there are laws about WAQF KHAS
(family endowments) and WAQF AAM.
Chapter Fifteen KITAB ALSUKNA WAL HABS
It is another type of endowment but with a difference. While WAQF is
permanent, where the owner gives away his property forever, SUKNA is
a temporary arrangement. In it, a person gives away his abode or house
to a deserving person for a fixed period of time. When the time expires,
the property is restored to him, as its rightful owner. HABS means a tem-
porary bequest for charitable purposes. In this arrangement, the property
itself is not given away; only its accruals or benefits are bequeathed for a
certain period, upon expiration of which the benefits revert to the
owner.
Chapter Sixteen KITAB ALHIBAT
Deals with the gifts. One can only settle a thing which he rightfully
owns as a gift. They are of two types: a gift given in exchange or a gift
given away without any return. Gifts given in exchange or substitute
cannot be claimed back, but that which is given away without any ex-
change can be claimed back. But if this unconditional gift has been
settled on ones own relatives, or if its original form has been changed or
destroyed, then it cannot be reclaimed.
Chapter Seventeen KITAB ALSUBQ WA ALRAMAYAH
Deals with racing and shooting, a chapter which falls under subsidiary
laws of JIHAD. Islam forbids wagering, betting or staking, but allows
training for racing or shooting or marksmanship as a prelude to military
skills.
Chapter Eighteen KITAB ALWASIYYAH
This relates to making of the Will, testament etc. in respect of one's es-
tate and minor heirs. Man has a right to appoint an executor or

35
administrator for the purpose. He can direct the appointee to look after
his minor children, educate them and provide them with necessary train-
ing. Similarly, he can direct him to use upto 1/3 of his estate in the man-
ner he, the testator, prefers.
Such directives are of three types: One is related to distribution of his
money and property, another can be about performing certain duties,
like Haj, Ziyarat, Qadha Namaz, Fasts, etc. The last one concerns releas-
ing from the bondage, like when he directs that a particular slave be set
free upon his death.
Chapter Nineteen KITAB ANNIKAH
Marriage Contract. In this chapter, Fuqaha discuss several aspects, in-
cluding the conditions, the types of woman or man one can marry, pro-
hibition in marriage, temporary marriages, permanent marriages, main-
tenance of the wife and the children and so on.
Though Muhaqqiq Hilli had enumerated 15 chapters, we observe that
there are more. Possibly, Muhaqqiq amalgamated certain chapters under
one heading.

36
Chapter 7
IQAAAT (Unilateral Pronouncement)
Muhaqqiq divided these into eleven Chapters. In IQ'AA pronouncing a
formula is necessary, but it does not have two sides. It is done
unilaterally.
Chapter One KITAB ALTALAQ
Dissolution of marriage It is either Absolute (Bain) or Revocable
(Raje'e). The revocable Talaq is that in which the husband has the power
of revocation during the IDDAT period, while in the absolute, the hus-
band has no power of revocation. This chapter discusses all the laws in
this connection. It also sets down all the conditions for Talaq to be valid.
Chapter Two KITAB ALKHULA' & MUBARAAT
These are two other types of absolute divorce. Khula' is when wife has
a dislike for her husband and asks him to divorce her in exchange of a
sum, or all or part of her MAHR. In such a case, when the husband
agrees to divorce, he forfeits the power of revocation, except when the
wife agrees to take back the money or ransom she gave.
Mubaraat is when dislike is mutual, and in this case also the wife has
to pay some ransom to the husband. However, the ransom paid in the
case of Mubaraat should not exceed the Mahr. This divorce is also
absolute.
Chapter Three KITAB ALDHIHAR
In the preIslamic era, when husband said to his wife "you are on me
like the back of my mother", it was construed as Divorce. Islam has ef-
fected an important change. It does not recognise DHIHAR as a form of
divorce, but whoever does this ought to pay KAFFARA before he can re-
sume conjugal relations with his wife. This kaffara is freeing a slave, and
if that is not possible, he svill fast for two consecutive months. And if
that is not possible also, then he should feed sixty poor.
Chapter Four KITAB ALEELA'
It is an oath by God, wherein the husband swears that he would never
have conjugal relation with his wife, or that he would not have the

37
relation for a period exceeding four months. In such a case, when the
wife complains to Hakime Shara', the husband would be given a choice
either to divorce her or to abrogate the oath. Naturally, if the husband
abrogates the oath, he will pay the expiation (kaffara). In general, Islam
forbids abrogating the oaths, but in this case it recommends.

Chapter Five KITAB ALLIAN

This chapter deals with the slander or denial of a child. The law of ac-
cusing someone without adequate proof etc. are also discussed. Husband
stands before Hakime Sharia and pronounces LIAN, saying four times:
"God is my witness, that I am truthful in my accusation against my wife".
Then he says: "May God curse me if I were not speaking the truth".
Thereafter, the wife says four times: "God be my witness that my hus-
band has lied and accused me wrongly". Then she adds: "Curse of God
befall me if I was lying". When this process is complete, the marriage is
irrevocably dissolved.
Chapter Six KITAB ALITQ
It discusses about freeing the slaves. Islam does not encourage slavery,
that is why we do not find a chapter on 'alRiqq', (enslaving); the only
chapter is 'allTQ' (freeing, liberating). The chapter outlines circumstances
in which the slaves are voluntarily or automatically liberated.
Chapter Seven KITAB ALTADBEER, MUKATIBAH & ISTEELAD
This chapter deals with specific circumstances whicl1 lead to freeing
the slaves. AlTADBEER is when the master makes a will stating that his
slave will be free upon his death. MUKATIBAH is when a slave wishes
to enter into an agreement witl1 his master that he be freed in exchange
of some consideration. The Holy Quran says that if the master finds the
slave capable and righteous, he should accede to the wishes of the slave,
and also endow him with some of his own wealth. ISTEELAD is an auto-
matic process. When a female slave, for example, becomes pregnant by
her master, such a female slave will revert to her offspring upon her
husband's (master's) death. And since she is the mother, and Islam does
not allow anyone to be a slave of his or her forebearers however high,
and descendants however low, the female slave will automatically be
free.
Chapter Eight IRITAB ALIQRAR
It deals with admission and is connected with the judiciary. When a
person makes a claim against someone and has no evidence or witness to

38
substantiate it, the claim is not admissible. But if the debtor himself
wishes to admit the debt, which is IQRAR, then it is deemed adequate.
Chapter Nine KITAB ALJIALAH
It means offering a wage or reward. Apparently, it resembles the act of
hiring a worker or a labourer for a particular piece of work against
agreed amount. But in JIALAH, the employer does not hire a particular
person, he makes a public announcement stating that whoever would do
a certain job for him, he would pay him a certain amount.
Chapter Ten KITAB ALAYMAN
AYMAN is plural of YAMEEN, which means an oath. In this chapter,
the sanctity of a religious oath, taken in the name of Allah, is discussed.
It describes the implication of taking an oath in the name of Allah, the
types of oath, perjury and the expiation for one who breaks the oath.
Chapter Eleven KITAB ALNADHR
NADHR is a solemn vow, or pledge made in the name of Allah. It ex-
plains the formula which one has to pronounce or at least to have it in
mind before NADHR is formally established, and the occasions for
NADHR. A Nadhr made for a MUBAH (ordinarily permissible) thing,
having no legitimate benefit here or hereafter, is not valid. Both oath and
NADHR are a covenant made witl1 Allah and they must be honoured.

39
Chapter 8
AHKAM
Muhaqqiq Hilli has given the above name to this category, since the top-
ics which fall under it are neither acts of worship nor contracts or unilat-
eral pronouncements. He has divided this into 12 chapters.
Chapter One KITAB ALSAYD AND ALDHABAHA
This chapter deals with hunting and slaughtering of those animals
whose meat we are allowed to eat. SAYD is hunting, DHABH is
slaughtering. An animal who has not been hunted as prescribed in
Sharia, or has not been slaughtered as guided by Islam, will be
'MAYTAH', a corpse which is NAJIS, and HARAM to eat. This chapter
also deals with the hunting of wild animals by trained hunting dogs.
Chapter Two KITAB ALAT'IMAH AND ALASHRIBAH
This chapter deals with those things which we are allowed to eat or
drink, and those which are forbidden. A detailed treatment is given to
animal food, sea food, nonanimal food and so on. It also explains and
categorises those animals which are Halal and those which are not. And
even in the Halal animals, it tells us of those parts of the body which are
HARAM to consume. It also gives rational treatment to those acts which
may be ordinarily permissible and harmless, but are harmful for a partic-
ular person in a given circumstance.
Chapter Three KITAB ALGHASB
It means an illegal possession of property, or usurpation. As is known,
GHASB is Haram, but it must also be known that it involves a liability.
That means if a person usurps someone's property and if that property is
damaged or destroyed while still in his illegal possession, he is liable for
it, even if he did not directly damage or destroy it, but was instrumental
in causing the damage or destruction.
Chapter Four KITAB ALSHUF'AH
Means the right of preemption. When a partner wishes to sell his
share, the remaining partner has a right of preemption for acquiring the
share by buying it at the price offered by others.

40
 Chapter Five KITAB IHYA ALMAWAT
Mawat refers to the barren, uncultivated land. A land which has been
developed, either by building upon it or by cultivation is called "AMIR"
in FIQH. The Prophet (s.a.w) said: "Whoever gives life to a barren, uncul-
tivated land, that land belongs to him". This has numerous ramifications,
explained under the chapter.

Chapter Six KITAB ALLUQTAH

This refers to things which are picked up by chance, and the owner is
unknown. This can apply to animals and nonanimals. If a stray animal is
found which is not in anyway endangered, then one should not take it
into custody. But if it faces any danger, then it can be possessed with the
intention to return it to its owner if found. If the owner is not found, then
Hakime Shara' has to authorise its use. This chapter also deals with non-
living objects, found in the sacred precincts of Haram or outside, basing
the guidelines on the value of the object.
Chapter Seven KITAB ALFARAIDH
It is an elaborate chapter dealing with the laws of inheritance. Heirs
are divided in three categories:
(1) Parents, children, grandchildren (when the children are not
present) .
(2) Grandparents, brothers and sisters (and in their absence, their
children).
(3) Uncles, aunts (both paternal and maternal) and their children.
The above heirs are by NASAB (i.e. consanguinity). There are heirs
who inherit by SABAB (i.e. affinity) like husband and wife. This chapter
deals with various cases of succession in great detail. The testator does
not have the right to will for more that onethird of his or her estate, nor
does he or she have any right to fix up the shares of his or her heirs. The
estate devolves on the heirs according to Shariah.
Chapter Eight KITAB ALQADHA
It is a chapter on judiciary, with elaborate sets of laws. There are laws
governing the appointment of judges, their rights, their emoluments, and
also about disqualifications. In FIQH, it is stipulated that a Judge must be
an acknowledged Mujtahid.
Chapter Nine KITAB ALSHAHADAH
About the witnesses, who constitute the evidence to substantiate a
claim. The onus of providing the evidence does not rest on the de-
fendent. The chapter also explains how, in certain cases, the defendent
may be called upon to take an oath.

41
 Chapter Ten KITAB ALHUDOOD & TA'ZEERAT
Deals with punishment and retribution. These are of two types:
HUDOOD and TAZEERAT. HUDOOD are fixed punitive measures pre-
scribed for specified offences, like sodomy, false accusation of fornica-
tion, drinking alcohol etc., stealing, belligerency and so on. TAZEERAT
are such retributive measures which may vary according to the decision
reached by the judge who may aggravate or mitigate the sentence.
Chapter Eleven KITAB ALQISAS
It is a chapter on requitals. An elaborate discussion is carried out about
the crimes committed advertantly or inadvertantly, and in each case the
extent of requital is prescribed. Then there are laws of recompensing for
those who are murdered or are inadvertantly killed.
Chapter Twelve IlITAB ALDIYAT
It is a form of requital, but unlike QISAS, it is only monetary compens-
ation. Interestingly enough, a doctor's responsibility towards human life,
and a disciplinary action by a tutor have a place under this chapter. A
doctor must be qualified enough to treat a patient. If he is not and if the
patient dies during the treatment, he is liable for compensation. In any
case, a qualified and efficient doctor must absolve himself of the liability
beforehand. Similarly, a tutor carrying out corporal punishment must be
careful not to cripple or kill the pupil. If he does, he is liable for com-
pensation. These are dealt with in some detail.

42


"Wisdom is the lost property of the Believer,

let him claim it wherever he finds it"
Imam Ali (as)