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Encyclopaedia Islamica
al-Bqilln, Ab Bakr
(6,831 words)
WORKS
THEOLOGICAL THOUGHT
UL AL-FIQH
Bibliography
Together with Ibn Frak and Ab Isq al-Isfaryin, al-Bqilln studied Ashar theology in
Bara under Ab al-asan al-Bhil, the student of Ab al-asan al-Ashar himself (Ibn
Askir, 178). It is possible that during this same period al-Bqilln spent time in Baghdad
benefitting from the scholars of adth there, or even that he began his education in Baghdad
before returning to Bara to study with al-Bhil. Al-Khab al-Baghdd, however, reports
only that when al-Bqilln was in Baghdad he heard adth from Ab Bakr b. Mlik al-Qa
(d. 368/979), Ab Muammad Abd Allh b. al-Ms, and Ab Amad usayn b. Al alNsbr (d. 349/960) (5/379). Ibn Ab Zayd al-Qayrawn was likewise among his teachers (alBqilln, al-Bayn, 5). Al-Khab al-Baghdd adds that Muammad b. Ab al-Fawris (d.
412/1021) was responsible for compiling the adths of al-Bqilln (5/379); indeed, al-Khab
Al-Bqilln also held the office of chief judge (q al-qut) in Baghdad. Ashar sources
assert that he acceded to this position upon the recommendation of al-ib b. Abbd (alSakn, 251). Some of these sources further transcribe the decree of investiture from Aud alDawla. According to this document, al-Bqilln was responsible for appointing and
supervising all judges, preachers, and market inspectors in the regions of Kirmn, Frs,
Khursn, Ahwz, the Arab islands of the Persian Gulf, al-Mawil, and Diyrbakr (al-Sakn,
253; Ibn Askir, 247; see also al-Q Iy, 4/586; Ibn al-Athr, 9/223).
His successful prosecution of two diplomatic missions, the first at the insistence of Aud alDawla in 371/981 (or 372/982) and the second at the insistence of the caliph in 402/1011, are an
indication of his political influence and show the regard in which he was held by the caliphs in
Baghdad (see Ibn al-Athr, 9/16; al-Q Iy, 4/594).
Al-Bqillns prominent students include the following: Ab Dharr al-Haraw, who spread
Ashari theology in the ijz; al-Q Ab Muammad Abd al-Wahhb b. Nar al-Baghdd alMlik; Ab Imrn al-Fs; Muammad b. Al b. al-asan al-Shfi al-Rus; al-Q Ab Jafar
al-Simnn (al-Bqillns most important student); Ab hir al-Wi, known as Ibn alAnbr, who spread Ashari theology in al-Qayrawn; Ab Abd Allh al-Azd, who taught
Ashar theology in Damascus and subsequently went to the Maghrib, dying in al-Qayrawn;
al-Q Ab Muammad Abd Allh, known as Ibn al-Labbn al-Ifahn; Ab al-asan Rfi b.
Nar al-Baghdd; Ab tim al-Qazwn; and Ibn Mutamir al-Raqq (see al-Bqilln, alBayn, 5; al-Khab al-Baghdd, 5/379, 381382; al-Q Iy, 4/586587; Ibn Askir, 120121,
216, 217, 258, 261; al-Dhahab, 17/190191, 557, 651, 653, 18/51, 128; al-Wazr al-Sarrj, 1/258; see
also al-Salaf, 50, 100). These students of al-Bqilln were responsible for promoting Asharism
throughout the Islamic world, from Khursn to the Maghrib (see e.g. al-Bqilln, al-Bayn,
56; Ibn Farn, 1/344; see also al-Dhahab, 17/557558). Indeed, owing to the efforts of alBqilln and his students, Mutazilism gradually lost its pride of place in Baghdad and other
areas (Ibn Askir, 410).
In pursuing theological questions, al-Bqilln expressed himself in a clear and accessible
manner, severely and extensively criticising the doctrines of the Mutazila, the Shiis and the
Khrijs (al-Khab al-Baghdd, 5/379). In Baghdad he was well known for his alacrity in
debating all theological and jurisprudential issues. His mastery of these disciplines was much
praised, as was his expertise in the arts of disputation (jadal and munara) (Ibn Khallikn,
4/269; al-Khab al-Baghdd, 5/380), and he was given honorary titles such as Lisn al-Umma
(Speaker of the community) and Shaykh al-Sunna (master of the prophetic sunna) (Ibn
Askir, 120; al-Sakn, 244). Reports have come down to us of his debates with the following
scholars: the Mutazil Ab al-asan al-Adab (d. 370/980) and Ab Isq al-Nabn, in the
presence of Aud al-Dawla (al-Q Iy, 4/591593); Ab al-Qsim al-Bust (Ibn al-Murta,
69); al-Shaykh al-Mufd, the leading Shii theologian of the time (al-Khab al-Baghdd, 5/379;
al-Q Iy, 4/589; al-Mufd, 21). He is also said to have held debates with some Christian
theologians at the Byzantine imperial court (al-Q Iy, 4/594601; Gardet, 155).
Al-Bqilln died in Baghdad, and for a time was interred at his home in Darb al-Majs in the
Nahr biq quarter before being transferred to the cemetery at Bb al-arb to be buried next
to Amad b. anbal (al-Khab al-Baghdd, 5/382; Ibn Askir, 223). He was survived by a son,
asan (al-Khab al-Baghdd, 5/382; see also aqr, 107). His student Ab Abd Allh al-Azd
wrote a eulogy of him (see al-Sakn, 236).
WORKS
Al-Bqilln produced numerous works in refutation of his opponents, primarily Imms,
Mutazils, Jahms and Khrijs (al-Khab al-Baghdd, 5/379). Unfortunately, only a few have
survived. Only the most important of these will be mentioned here (for a full list of his works
see al-Q Iy, 4/601602).
Gimaret, 95).
7. Hidyat al-mustarshidn, originally a large book (al-Sakn, 72, 91, 157 et passim; according to
this source, it ran to 32 volumes). Only two parts of it now survive in manuscript form. The
first, dated to 457/1065, consists of 248 folios and is preserved in the library of al-Azhar in
Cairo (Azhariyya, Fihrist, 3/337); the second has 168 folios and is preserved in the Qarawiyyn
library in Fez, MS no. 692 (see Sezgin, GAS, 1/609). This work was summarised by Muammad
b. Ab al-Khab al-Ishbl under the title Talkh al-kifya min Kitb al-hidya of which a copy
dated 686/1287 is held by the library at the University of Kairouan, MS no. 16/7 (Sezgin, GAS,
1/609).
QURNIC SCIENCES
1. Ijz al-Qurn. One of al-Bqillns most famous works. It has been published many times.
Gustave von Grunebaum translated the section on poetry into English (A Tenth-Century
Document of Arabic Literary Theory and Criticism: The Section on Poetry of al-Bqillns Ijz alQurn, Chicago, 1950).
2. al-Intir li al-Qurn (see Ibn azm, 5/9091), originally a lengthy two-volume work. Only
the first volume survives intact in Kara Mustafa Paa Collection of the Beyazit State Library in
Istanbul. In 1407/1987 Fuat Sezgin published a facsimile of this copy in Frankfurt. A portion of
this work is also preserved in the asaniyya Library in Rabat (al-Bqilln, al-Intir, introd.,
6). Ab Abd Allh Muammad b. Abd Allh al-ayraf compiled extracts from this book under
the title Nukat al-Intir li naql al-Qurn, which is often unfaithful to the original text. This
selection was published by Muammad Zaghll in Beirut in 1971. In this work al-Bqilln
marshals his knowledge of history, linguistics, grammar and theology to defend the sanctity of
the Qurnic text and argues against the possibility of the alteration (tarf) of the Qurn.
POLITICAL WRITINGS
1. al-Imma al-aghra (see al-Bqilln, al-Intir, 19; idem, al-Tamhd, 229), which
presumably functioned as an introduction to his Manqib al-aimma; the author reproduced
this work almost in its entirety in the chapter on the imamate in his al-Tamhd.
2. al-Imma al-kabra (al-Bqilln, al-Intir, 19), perhaps to be identified with the Manqib
al-aimma (see below).
3. Nurat al-Abbs wa immat banhi, or Kitb f immat Ban al-Abbs, a work that
demonstrates al-Bqillns wholehearted support for the Abbsid caliphate and its legitimacy.
4. Manqib al-aimma wa naq al-main an salaf al-umma, of which apparently only the
second volume survives. In this second volume al-Bqilln deals in detail with the question of
the imamate and the conditions governing it, as well as the matter of precedence (tafl)
among the Companions. He opens with a discussion of the political differences that arose
during the earliest period of the caliphate and the events of the fitna. The first, lost, volume
may be presumed to have focused on the question of the caliphate of the first four rightlyguided (rshidn) caliphs, and their respective virtues. In this work, al-Bqilln dealt with
one of the most important issues that exercised the earliest sects of Islam and Sunni scholars,
viz., the disagreement among the Companions in the period of the fitna. The Kitb al-dim
allat jarat bayn al-aba, attributed to al-Bqilln, is perhaps to be identified with this work
or a part thereof (see bish, 13). A copy of the second volume of the Manqib al-aimma, made
in 598/1202 and running to 235 folios, is preserved in the Asad Library in Damascus, MS no.
3431.
In addition to these works, al-Bqilln produced others on various topics. The titles of many
books written in response to questions coming to him from Ifahn, Nsbr, Jurjn, Baghdad,
and the region of Palestine are recorded, and may be assumed to deal with theological
questions. A work entitled al-Masil al-Qusanniyya is also attributed to him, perhaps a
record of the issues that were discussed during his visit to the Byzantine Empire (alBqilln, al-Intir, introd., 5).
Hassan Ansari
Tr. Matthew Melvin-Koushki
Bibliography
BIBLIOGRAPHY
Abd Allh, Muammad Raman, al-Bqilln wa ruhu al-kalmiyya (Baghdad, 1986)
Allard, Michel, Le problme des attributs divins dans la doctrine dal-Aar et de ses premiers
grands disciples (Beirut, 1965)
Azhariyya, Fihrist
Badaw, Abd al-Ramn, Histoire de la philosophie en Islam (Paris, 1972)
al-Baghdd, Abd al-Qhir, al-Farq bayn al-firaq, ed. Muammad Muy al-Dn Abd al-amd
(Cairo, n.d.)
al-Bqilln, Muammad b. ayyib, Ijz al-Qurn, ed. Amad aqr (Cairo, n.d.)
idem, al-Intir li al-Qurn, ed. Fuat Sezgin (Frankfurt, 1407/1986)
idem, al-Inf, ed. Imd al-Dn Amad aydar (Beirut, 1407/1986)
idem, al-Bayn, ed. R.J. McCarthy (Beirut, 1958)
idem, al-Tamhd, ed. Mamd Muammad al-Khuayr and Muammad Abd al-Hd Ab
Rda (Cairo, 1366/1947)
Corbin, Henry, History of Islamic Philosophy (London, 1993)
al-Dhahab, Muammad, Siyar alm al-nubal, ed. Shuayb al-Arna (Beirut, 1406/1986)
Fakhry, Majid, A History of Islamic Philosophy (New York, 1983)
Fart, Samra, Mujam al-Bqilln f kutubihi al-thaltha (Beirut, 1411/1991)
Gardet, Louis and Georges Anawati, Introduction la thologie musulmane (Paris, 1981)
Ab Gimaret, Daniel, Thories de lacte humain en thologie musulmane (Paris, 1980)
al-Ghazl, Muammad, Fai al-biniyya, ed. with introduction by, Abd al-Ramn alBadaw (Cairo, 1383/1964)
idem, Fayal al-tafriqa bayn al-Islm wa al-zandaqa (Cairo, 1381/1961)
al-arr, Qsim, Durrat al-ghaww, ed. Heinrich Thorbecke (Leipzig, 1871)
bish, Ysuf, The Political Doctrine of al-Baqillani (Beirut, 1966)
Ibn Askir, Al, Tabyn kadhib al-muftar (Beirut, 1404/1984)
THEOLOGICAL THOUGHT
As a general assessment of the status of al-Bqillns work and thought in the context of
Ashari theology, al-Shahrastn states that it is difficult to discern any essential differences
between the theological teachings and attitudes of al-Bqilln, al-Ashar himself, Ab Isq
Isfaryin and Ab Bakr b. Frak (al-Milal wa al-nial, 1/31). A comparative evaluation of the
extant works by al-Bqilln and the theological heritage of al-Ashar bears witness to the
truth of al-Shahrastns assertion. In fact al-Bqillns way of resolving theological issues and
controversies is essentially identical to that of his forerunner al-Ashar. That is to say, one of
the defining features of their theological arguments is the concurrent application of rational
and traditional sources. Reason and revelation were regarded as complementary, even if
revelation was the primary source of their theological perspectives.
Al-Baqilln dedicated some monographs to the investigation of controversial issues prevalent
among contemporary theologians, pertaining to themes such as the inimitability of the Qurn
(ijz al-Qurn).and the difference between the miracles (mujizt, sing. mujiza) specifically
associated with prophets and similar phenomena such as charismatic acts of grace (karmt,
sing. karma) which are usually attributed to saints, especially Sufi shaykhs. Two essential
characteristics appear to define those among al-Bqillns works which are principally based
on Ashar theology. Firstly, the keen attention he gives to the necessity of providing
definitions of theological terms and concepts. The udd (plural of add, definition, lit.
boundary) established by al-Bqilln, such as add al-aql and add al-naar (al-Taqrb, 1/95,
210;), for a long time drew the attentionboth critical and laudatoryof many theologians,
including al-Ghazl and Aud al-Dn al-Ij (al-Ghazl, Miyr al-ilm, 287; idem, al-Mustaf,
20; al-j, 1/116). The second major characteristic of al-Bqillns theological work is his
struggle to establish the rational premises necessary for the classification of the sources of
human knowledge, and for the proof of the createdness [udth] of the world (a proof which
rests on the logical necessity of a Creator, mudith), on the basis of the Ashar creeds (for
further details and the connection of this issue to the theory of atomism, see Fakhry, 237
238). This fact can be applied to explain the major reason behind al-Bqillns interest in
cosmological and natural sciences. He was apparently the first Ashar theologian who
commenced his theological teachings with preliminary considerations on the sources of
knowledge and the essential characteristics of the created realm or cosmos. Two of alBqillns extant theological works, respectively entitled al-Tamid and al-Inf, as well as the
initial part of his work on the principles of jurisprudence/legal theory (uul al-fiqh) entitled alTaqrb wa al-irshd (1/174 ff.) provide sufficient testimony to this general assessment.
In his al-Muqaddima (Prolegomenon), Ibn Khaldn provided a sketch of the history of
Ashar theology. His assessment of the status of al-Bqilln in the context of early Ashar
theology and his analysis of al-Bqillns theological thought is of particular importance. Ibn
Khaldn claimed erroneously that al-Bqilln was the first to affirm the existence of the atom
and of the vacuum as well as the ephemerality of accidents (ar) as the basis of the
demonstration of the createdness (dth) of the world, and hence also of the existence of
God as mudith, as noted above (Ibn Khaldn, 465; Wolfson, 4041; Fakhry, 237238; Masoumi
Hamedani, 13). Al-Bqilln also applied the theory of atoms as the basis of the demonstration
and explanation of the notion of the bringing-back of the dead (idat al-amwt) (Ibn azm,
5/86; see also Ibn Qayyim, 110111, 177). But the most important point of divergence between
al-Ashar and al-Bqilln is that the latter made a belief in the existence of atoms obligatory
by reason of its being used in the demonstration of certain creeds (Ibn Khaldn, 465; see also
Wolfson, 40; Watt, 76). Although this is not directly asserted by al-Bqilln himself, there is
sufficient evidence that indicates the truth of this statement. One such piece of evidence is
provided by the long-winded title of one of his major theological works, al-Inf f m yajibu
itiqduhu wa l yajzu al-jahl bih f ilm al-kalm, (Essentials of Theological Doctrine);
similarly, its table of contents, which includes various theories in the field of the natural
sciences, are presented by al-Bqilln as requisite premises, indicates this same insistence on
the necessity of integrating belief in the premises of theological principles within the
structure of theological belief itself. In addition, in the same work and at the begining of a
section dedicated to the exposition of the rational premises required for the demonstration of
the existence of God, al-Bqilln clearly asserts that firm belief in these teachingssuch as
the existence of atomsis incumbent upon every legally responsible Muslim (mukallaf) (alInf, 22). The underlying logic of this idea, which was later upheld by some of Ashar
theologians, including al-Juwayn, is expressed by the following formula: if the arguments are
wrong, then the thing sought to be proved by the arguments is also wrong. With the spread of
logic among Muslim thinkers and the distinctive uses to which it was put in theological as
opposed to other philosophical disciplines, theologians began to re-evaluate, in logical terms,
the basic theological premises laid down by earlier thinkers. One result of this integration of
theology and logic was that the abovementioned formula was rejected (see Ibn Khaldn, 465).
By way of prelude to his classification of the sources of knowledge, al-Bqilln tries to
formulate the definition (add) of ilm. According to him ilm is knowledge of the object
known as this object is in itself (marifat al-malm al m huwa bihi), in other words,
knowledge is knowledge to the extent that it is an adequation to the objective nature of the
thing known (al-Tamhd, 6). Like his forerunner al-Ashar, he believed that there is no
difference between ilm and marifa, and thus uses the terms interchangeably (Ibn Frak, 11).
Al-Baqilln put forward his definition of ilm vis--vis that propounded by the leading
Mutazil scholars, which he considered to be incomplete definitions (see also al-Bqilln, alTaqrb, 1/178). His definition of ilm also drew the attention of some of leading authors in the
field of legal theory, ul al-fiqh, including Ab Yal b. al-Farr (al-Udda, 1/76) and al-Juwayn
(al-Burhn, 1/22). He classified knowledege, ilm, into two major categories: first, the divine
and pre-eternal (qadm) knowledge, that is, ilm qua one of the attributes of the divine Essence
(ifa dhtiyya); second, ilm qua the temporal and contingent knowledge pertaining to
creatures. This classification was criticised by Ibn azm (2/303) who questioned al-Bqillns
integration of both divine and human knowledge within the same category. Al-Bqilln goes
further by dividing human knowledge, which seems to be identical to what he generally refers
to as the temporal knowledge of creatures, into two major categories of immediate and
necessary knowledge (ilm arr or ilm iirr) and speculative and discursive knowledge
(ilm naar). Necessary knowledge is inborn and natural to the creatures. The ___domain of what
existentiated and is not presently existing, but it is not impossible that it be existentiated
such as the return of the dead to terrestrial life or creation of another cosmos similar to the
existing one (al-Tamhd, 1516). According to al-Bqilln, mawjdt (presently existing objects
of knowledge) are categorised into two categories of qadm and mudath respectively
meaning pre-eternal (the Divinity) and originated. The latter is divided into three categories
of substance (jawhar), accident (ara) and body (jism), the latter being a composite entity of
substance and accident.
By the term jawhar or al-jawhar al-fard (individual substance), al-Bqilln and other Ashar
theologians of his era intended to convey the notion of the indivisible particle (al-juz alladh
l yatajazza, lit. the part that cannot be divided) or atom. Al-Bqilln asserted that the
refutation of the theory of the indivisible particle would be tantamount to saying that an
elephant is no greater than a bean (al-Tamhd, 17). Accidents (ara) are devoid of duration
within themselves, only inhering in the two other categories of originated existing objects
mentioned above, that is, atoms and bodies. Thus accidents can only be traced through the
modes of bodies, such as motion and rest (al-Tamhd, 1721). The whole existing world is
therefore constituted by the three categories of mawjd, that is the individual substance/atom
(al-jawhar al-fard), the composite entity (al-jism al-muallaf), and the predicated accident (alara al-maml). This is the basis on which al-Bqilln demonstrates the createdness of the
world and hence the existence of God, as briefly mentioned above (al-Tamhd, 22; al-Inf, 28;
see also Ibn Frak, 37).
Some theological views directly asserted by al-Bqilln himself throughout his works, or
attributedwhether correctly or falselyto him in later theological works, stand in
opposition to what is generally understood as the dominant trend in the Ashar theology.
Some of the salient topics here include the theory of modes (awl), names and attributes of
God (asm and ift), annihilation and permanence (fan and baq), impeccability (ima)
of the prophets, and finally repentance (tawba), which are briefly reviewed as follows.
when he posited a mode which necessarily causes those [modes which we call] attributes, is
that which we call attribute in particular (al-Shahrastn, al-Milal, 1/95; idem, Nihya, 131; Ibn
Taymiyya, 90; Wolfson, 176).
Al-Bqilln believed in the superiority (afaliyya) of the angels over the prophets (al-Suy,
al-abik, 203, 207; Fakhr al-Dn al-Rz, 2/430). According to Ibn azm (4/5, 5/94), who used
to severely criticise al-Bqillns theological views, the latter thought of the impeccability
(ima) of the prophets only in respect of their prophetic mission and asserted that prophets
could have committed major or minor sins and errors in the course of their human life but
were infallible in carrying out their prophetic mission (see also Ibn azm, 4/53, 185, 5/6, 125).
REPENTANCE (TAWBA)
Al-Bqillns theological view on repentance is worth mentioning since, like the Mutazil
theologian Ab Hshim al-Jubb, he believed that one must repent of all ones sins, each time
one repents, and not restrict the repentance to that of a particular sin (al-Bqilln, al-Tamhd,
271; Ibn azm, 3/286, 5/88; al-Juwayn, al-Irshd, 407). According to Ibn azm (5/88), he also
believed that abstinence from committing major sins would not result in the forgiveness of
minor sins.
IMAMATE
Al-Bqilln held debates with al-Shaykh al-Mufd, the celebrated Imm theologian of his age,
on the issue of imamate (see al-Mufd, Masala, passim), a fact which shows that the issue
occupies a special place in the theological thought of al-Bqilln. In addition to the
statements to be found throughout his theological works, al-Bqilln also dedicated a
monograph entitled Manqib al-aimma to the issue of imamate. The second part of this work
was edited and published by Samra Fart in Beirut, 2002 (For further details on the views
held by al-Bqilln on imamate, see Anr, 161ff.).
As regards works published on the theological views of al-Bqilln, the following are to be
noted: Al-Bqilln wa ruhu al-kalmiyya by Muammad Raman (Baghdad, 1986); a
dissertation entitled Al-Imm Ab Bakr al-Bqilln wa ruhu al-itiqdiyya f aw aqdat alsalaf by Jd al al-Dn Natasha, presented to the Umm al-Qur University in Mecca
(1409/1989); Mujam al-Bqilln f kutubihi al-thalth by Samra Fart (Beirut, 1991), and the
recently published work by Fil Abbd al-Tamm entitled Ijz al-Qurn li al-Bqilln:
manhajuh wa masiluh (Amman, 2013). A critical evaluation of al-Bqillns theologicopolemical approach in the debates al-Bqilln had with theologians of opposing schools of
thought, in regard to doctrines concerning God and prophethood (nubuwwa), is the major
theme of a work entitled al-Manhaj al-naqd ind al-Bqilln by Muammad usayn Ab
Sad (Cairo, 1991).
Masoud Tareh
Shahram Khodaverdian
Bibliography
BIBLIOGRAPHY
Ab Yal, Muammad, al-Udda f ul al-fiqh, ed. Amad b. Al b. Sr al-Mubrak (Riyadh,
1410/1990)
Aud al-Dn al-j, Abd al-Ramn, al-Mawqif f ilm al-kalm, ed. Abd al-Ramn Umayra
(Beirut, 1417/1997)
Anr, asan, Ab Bakr-i Bqilln wa muirnash, Barras-h-yi trkh dar uwzah-i Islm
wa Tashayyu (Tehran, 1390 Sh./2011)
al-Baghdd, Abd al-Qhir, Ul al-dn (Beirut, 1401/1981)
al-Bqilln, Muammad b. ayyib, al-Inf, ed. Imd al-Dn Amad aydar (Beirut,
1407/1986)
idem, al-Tamhd, ed. Richard Joseph McCarthy (Beirut, 1957)
idem, al-Taqrb wa al-irshd, ed. Abd al-amd Ab Zunayd (Beirut, 1418/1998)
Fakhr al-Dn al-Rz, Muammad, Maft al-ghayb (Beirut, 1420/1999)
Fakhr, Mjid, Sayr-i falsafa dar jahn-i Islm, tr. Nasrollah Pourjavady (Tehran, 1372 Sh./1993)
al-Ghazl, Muammad, Miyr al-ilm, ed. Sulaymn Duny (Cairo, 1961)
idem, al-Mustaf, ed. Muammad Abd al-Salm Abd al-Shf (Beirut, 1413/1993)
Ibn Aiyya al-Andalus, al-Muarrar al-wajz f tafsr kitb al-azz, ed. Abd al-Salm Abd alShf Muammad (Beirut, 1422/2002)
Ibn Frak, Muammad, Mujarrad maqlt al-Shaykh Ab al-asan al-Ashar, ed. Daniel
Gimaret (Beirut, 1986)
Ibn azm, Al b. Amad, al-Fial f al-milal wa al-aw wa al-nial (Beirut, 1416/1996)
Ibn Khaldn, Abd al-Ramn, al-Muqaddima (Tehran, 1410/1989)
Ibn Qayyim al-Jawziyya, Muammad, al-R (Beirut, n.d.)
UL AL-FIQH
Al-Bqilln was a proponent of speculation and reasoning in formulating ul al-fiqh, and a
forerunner in re-examining and compiling the foundations underlying legal theory. His work
entitled al-Taqrb wa al-irshd bears testimony to his breadth of knowledge and powerful
judicial reasoning. This work has been abridged, cited or quoted by scholars such as Ab Isq
al-Shrz, Imm al-aramayn al-Juwayn, al-Ghazl, Fakhr al-Dn al-Rz, Sayf al-Dn almid, Badr al-Dn al-Zarkash and Tj al-Dn al-Subk. Al-Bqilln himself abridged this work
under these titles: al-Taqrb wa al-irshd al-awsa and al-Taqrb wa al-irshd al-aghr. AlJuwayn also abridged it under the title Talkh al-Taqrb. The book propounded an exhaustive
account of ul cases at a time when most authors in the field of legal theory were either
occupied with writing commentaries on al-Shfis al-Risla or content to write expositions on
particular themes of the ul al-fiqh.
The rise of al-Bqilln and the Mutazil al-Q Abd al-Jabbr (d. 415/1024), and their books,
respectively al-Taqrb and al-Umad, had a major influence on the discipline of ul al-fiqh (alZarkash, 1/5). In his Tartb al-madrik, al-Q Iy refers to eight ul works by al-Bqilln
(7/6970). Contemporary authors, however, summarise his works as the following: the three
versions of al-Taqrb wa al-irshd mentioned above, as well as al-Muqni f ul al-fiqh and
Aml ijm ahl al-Madna (al-Bqilln, introd., 98).
Al-Bqilln had a theological approach in formulating the ul rules, and rarely attempted to
impose his formulations and his approach against legal opinions (fatw) without first giving
strong reasons for them, and without first giving a fair hearing to his opponents. In all the
chapters and sections of al-Taqrb wa al-irshd, it is only after introducing the topic of
discussion and surveying the views of his opponents (especially Mutazil scholars who are
always referred by the term Qadariyya) that he comes to express his own arguments. His
thinking and language is heavily influenced by theological reasoning, and in many places he
supports his arguments by referring his audience to his theological writings (al-Bqilln,
1/281).
He consistently relied on apposite rational arguments and the logical implications of
prophetic traditions and Qurnic verses, as well as lexical evidence to support his conclusions.
Al-Bqilln agrees with all the major opinions of the Ashar legal theorists. So that he agrees
with the following opinions. It is the competency of revealed law (shar), not aql, the intellect,
with which one can discern evil (qub) or goodness (usn) of an action (al-Bqilln, 1/287);
human actions cannot be evaluated or judged by any law other than revealed law (al-Bqilln,
1/190); the imposition of obligation beyond capacity (taklf m l yuq) is not regarded as
giving rise to any blame towards the Law-giver (al-Bqilln, 1/265). Although he was in
agreement with the major views of the Ashar legal theorists, his independent investigations
into the particular details of certain matters have distinguished him from his counterparts. A
few examples can be summarised as follows: The first example relates to the subject of
tadul and tarj. Tadul means the equivalence of the evidence in disagreement, where the
weight of the two sides of opposing evidenceone side supporting a certain legal opinion
and the other side opposing itare deemed to be equal. In such cases, the mujtahid is
required to weigh the two sides and to declare his preference (tarj).
The majority of legal theorists maintain that doing what appears to the intellect to take
priority (rji) over other matters is obligatory. Al-Bqilln, however, does not allow such a a
conjectural rji. In his view, tarj (giving preference), which he defines as taqwiyat aad alarqayn bi-wajhin m (to single out and strengthen one of two possible ways, in general), is
not attainable on the basis of conjecture (ann) (al-Subk, 2/404; al-Shawkn, 276). The
second example relates to the dth defined as mursal, that is a tradition in which the name
of the Companion transmitting the tradition is lacking in the isnd. Such traditions are
considered by al-Baqilln to be unreliable (see al-Subk, 2/202 for further details and
examples see Omidi, 232233).
Jalil Omidi
Tr. Rahim Gholami
Bibliography
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