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Exonerating the Distinguished Jurists

Ibn Taymiyya's Rafʿ al-Malām ʿan al-Aʾimma al-Aʿlām in Translation

Abdul-Hakim al-Matroudi [+–]
S.O.A.S.
Adbul-Hakim al-Matroudi is a visiting professor of Arabic in the Near and Middle East Department at SOAS. His research interests include classical jurisprudence and the Hanbalite school of law; and he takes an active interest in the field of translation and legal theory. He has published extensively in the field of Islamic law including works in Arabic and English; among these are a recent edition of Jamal al-Din al-Asnawi’s Tiraz al-Mahafil Maktabat al-Rushd, (Riyadh 2004). He has recently edited a critical edition of al-Jira’i famous legal text entitled Hilyat al-tiraz fi hal masail al-alghaz (Maktabat al-Rushd, Riyadh, 2007). Professor Matroudi has published in the field of Prophetic traditions, translating On Schacht’s origins of Muhammadan Jurisprudence by Professor M. Mustafa Al-Azami. (King Saud University, 2006). And most significantly he is the author of the influential study of Ibn Taymiyya entitled The Hanbali School of Law and Ibn Taymiyyah: Conflict or Conciliation, (Routledge, London, 2006).

In Rafʿ al-Malām ʿan al-Aʾimma al-Aʿlām Ibn Taymiyya pursues the argument as to why a mujtahid might depart from directly acting upon textual evidences. This forms the basis of his discussion regarding the causes underlying disagreements found among Muslim scholars in general and their holding differing legal opinions and proffering divergent arguments in support of those opinions.

In this work, Ibn Taymiyya calls for tolerance and understanding of the conclusions arrived at by eminent Muslim scholars. Additionally, he insists that even if a scholar was to err in their judgement, it should not be assumed that they intentionally ignored textual evidence as there could be various reasons for what others consider to be a departure from textual evidences. Hence, according to Ibn Taymiyya, such scholars should not be seen as blameworthy and liable to punishment but rather they should be revered as scholars who exercised their right of ijtihad. Thus, even if such a scholar was thought to have erred, there would most certainly be a methodological reason behind such a departure, rather than an intentional contradiction of the relevant textual evidences. Additionally, Ibn Taymiyya asserts that liability for the punishment depends on the existence of certain conditions and the non-existence of impediments and he affirms that reaching certainty in this regard is almost impossible as this is clearly a very complex and complicated process.

In this work it is evident that Ibn Taymiyya benefited from various traditions of learning in which he excelled, including jurisprudence, Hadith and philosophy and hence produced a remarkable work which has proved relevant from the time it was authored about eight centuries ago until our present day.

This work contains the Arabic text Rafʿ al-Malām ʿan al-Aʾimma al-Aʿlām and its translation.

Series: Monographs in Arabic and Islamic Studies

Table of Contents

Preface

Preface vii-viii
Abdul-Hakim al-Matroudi
S.O.A.S.
Adbul-Hakim al-Matroudi is a visiting professor of Arabic in the Near and Middle East Department at SOAS. His research interests include classical jurisprudence and the Hanbalite school of law; and he takes an active interest in the field of translation and legal theory. He has published extensively in the field of Islamic law including works in Arabic and English; among these are a recent edition of Jamal al-Din al-Asnawi’s Tiraz al-Mahafil Maktabat al-Rushd, (Riyadh 2004). He has recently edited a critical edition of al-Jira’i famous legal text entitled Hilyat al-tiraz fi hal masail al-alghaz (Maktabat al-Rushd, Riyadh, 2007). Professor Matroudi has published in the field of Prophetic traditions, translating On Schacht’s origins of Muhammadan Jurisprudence by Professor M. Mustafa Al-Azami. (King Saud University, 2006). And most significantly he is the author of the influential study of Ibn Taymiyya entitled The Hanbali School of Law and Ibn Taymiyyah: Conflict or Conciliation, (Routledge, London, 2006).

Introduction

Introduction 1-10
Abdul-Hakim al-Matroudi
S.O.A.S.
Adbul-Hakim al-Matroudi is a visiting professor of Arabic in the Near and Middle East Department at SOAS. His research interests include classical jurisprudence and the Hanbalite school of law; and he takes an active interest in the field of translation and legal theory. He has published extensively in the field of Islamic law including works in Arabic and English; among these are a recent edition of Jamal al-Din al-Asnawi’s Tiraz al-Mahafil Maktabat al-Rushd, (Riyadh 2004). He has recently edited a critical edition of al-Jira’i famous legal text entitled Hilyat al-tiraz fi hal masail al-alghaz (Maktabat al-Rushd, Riyadh, 2007). Professor Matroudi has published in the field of Prophetic traditions, translating On Schacht’s origins of Muhammadan Jurisprudence by Professor M. Mustafa Al-Azami. (King Saud University, 2006). And most significantly he is the author of the influential study of Ibn Taymiyya entitled The Hanbali School of Law and Ibn Taymiyyah: Conflict or Conciliation, (Routledge, London, 2006).

Chapter 1

Translation of Rafʿ al-Malām ʿan al-Aʾimma al-Aʿlām [+–] 12-15
Ahmad Ibn ‘Abd al-Halim Ibn Taymiyyah
Ahmad Ibn ‘Abd al-Halim Ibn Taymiyyah
(728/1328)
In Rafʿ al-Malām ʿan al-Aʾimma al-Aʿlām Ibn Taymiyyah pursues the argument as to why amujtahid might depart from directly acting upon textual evidences. This forms the basis of his discussion regarding the causes that underlying the disagreements found among Muslim scholars in general and their holding differing legal opinions and proffering divergent arguments in support of those opinions. In this work, Ibn Taymiyyah calls for tolerance and understanding of the conclusions arrived at by eminent Muslim scholars. Additionally, he insists that even if a scholar was to err in their judgement, it should not be assumed that they intentionally ignored textual evidence as there could be various reasons for what others consider to be a departure from textual evidences. Hence, according to Ibn Taymiyyah, such scholars should not be seen as blameworthy and liable to punishment but rather they should be revered as scholars who exercised their right of ijtihad. Thus, even if such a scholar was thought to have erred, there would most certainly be a methodological reason behind such a departure, rather than an intentional contradiction of the relevant textual evidences. Additionally, Ibn Taymiyyah asserts that liability for the punishment depends on the existence of certain conditions and the non-existence of impediments and he affirms that reaching certainty in this regard is almost impossible as this is clearly a very complex and complicated process. In this work it is evident that Ibn Taymiyyah benefited from various traditions of learning in which he excelled, including jurisprudence, general principles of jurisprudence, Hadith and philosophy and hence produced a remarkable work which has proved relevant from the time it was authored about eight centuries ago until our present day. This work contains the Arabic text Rafʿ al-Malām ʿan al-Aʾimma al-Aʿlām and its translation.

Chapter 2

Reasons for Divergence of a Scholar’s Opinion from a Ḥadῑth 16-59
Abdul-Hakim al-Matroudi
S.O.A.S.
Adbul-Hakim al-Matroudi is a visiting professor of Arabic in the Near and Middle East Department at SOAS. His research interests include classical jurisprudence and the Hanbalite school of law; and he takes an active interest in the field of translation and legal theory. He has published extensively in the field of Islamic law including works in Arabic and English; among these are a recent edition of Jamal al-Din al-Asnawi’s Tiraz al-Mahafil Maktabat al-Rushd, (Riyadh 2004). He has recently edited a critical edition of al-Jira’i famous legal text entitled Hilyat al-tiraz fi hal masail al-alghaz (Maktabat al-Rushd, Riyadh, 2007). Professor Matroudi has published in the field of Prophetic traditions, translating On Schacht’s origins of Muhammadan Jurisprudence by Professor M. Mustafa Al-Azami. (King Saud University, 2006). And most significantly he is the author of the influential study of Ibn Taymiyya entitled The Hanbali School of Law and Ibn Taymiyyah: Conflict or Conciliation, (Routledge, London, 2006).

Chapter 3

The Opinions of Scholars and the Question of Error 60-61
Abdul-Hakim al-Matroudi
S.O.A.S.
Adbul-Hakim al-Matroudi is a visiting professor of Arabic in the Near and Middle East Department at SOAS. His research interests include classical jurisprudence and the Hanbalite school of law; and he takes an active interest in the field of translation and legal theory. He has published extensively in the field of Islamic law including works in Arabic and English; among these are a recent edition of Jamal al-Din al-Asnawi’s Tiraz al-Mahafil Maktabat al-Rushd, (Riyadh 2004). He has recently edited a critical edition of al-Jira’i famous legal text entitled Hilyat al-tiraz fi hal masail al-alghaz (Maktabat al-Rushd, Riyadh, 2007). Professor Matroudi has published in the field of Prophetic traditions, translating On Schacht’s origins of Muhammadan Jurisprudence by Professor M. Mustafa Al-Azami. (King Saud University, 2006). And most significantly he is the author of the influential study of Ibn Taymiyya entitled The Hanbali School of Law and Ibn Taymiyyah: Conflict or Conciliation, (Routledge, London, 2006).

Chapter 4

Can a Scholar who Fails to Adhere to the Implications of a Text be Chastened? 62-70
Abdul-Hakim al-Matroudi
S.O.A.S.
Adbul-Hakim al-Matroudi is a visiting professor of Arabic in the Near and Middle East Department at SOAS. His research interests include classical jurisprudence and the Hanbalite school of law; and he takes an active interest in the field of translation and legal theory. He has published extensively in the field of Islamic law including works in Arabic and English; among these are a recent edition of Jamal al-Din al-Asnawi’s Tiraz al-Mahafil Maktabat al-Rushd, (Riyadh 2004). He has recently edited a critical edition of al-Jira’i famous legal text entitled Hilyat al-tiraz fi hal masail al-alghaz (Maktabat al-Rushd, Riyadh, 2007). Professor Matroudi has published in the field of Prophetic traditions, translating On Schacht’s origins of Muhammadan Jurisprudence by Professor M. Mustafa Al-Azami. (King Saud University, 2006). And most significantly he is the author of the influential study of Ibn Taymiyya entitled The Hanbali School of Law and Ibn Taymiyyah: Conflict or Conciliation, (Routledge, London, 2006).

Chapter 5

The Purpose of Threats of Punishment within Textual Evidence 70-76
Abdul-Hakim al-Matroudi
S.O.A.S.
Adbul-Hakim al-Matroudi is a visiting professor of Arabic in the Near and Middle East Department at SOAS. His research interests include classical jurisprudence and the Hanbalite school of law; and he takes an active interest in the field of translation and legal theory. He has published extensively in the field of Islamic law including works in Arabic and English; among these are a recent edition of Jamal al-Din al-Asnawi’s Tiraz al-Mahafil Maktabat al-Rushd, (Riyadh 2004). He has recently edited a critical edition of al-Jira’i famous legal text entitled Hilyat al-tiraz fi hal masail al-alghaz (Maktabat al-Rushd, Riyadh, 2007). Professor Matroudi has published in the field of Prophetic traditions, translating On Schacht’s origins of Muhammadan Jurisprudence by Professor M. Mustafa Al-Azami. (King Saud University, 2006). And most significantly he is the author of the influential study of Ibn Taymiyya entitled The Hanbali School of Law and Ibn Taymiyyah: Conflict or Conciliation, (Routledge, London, 2006).

Chapter 6

The Implications of Categorical and Probable Ḥadῑths 76-84
Abdul-Hakim al-Matroudi
S.O.A.S.
Adbul-Hakim al-Matroudi is a visiting professor of Arabic in the Near and Middle East Department at SOAS. His research interests include classical jurisprudence and the Hanbalite school of law; and he takes an active interest in the field of translation and legal theory. He has published extensively in the field of Islamic law including works in Arabic and English; among these are a recent edition of Jamal al-Din al-Asnawi’s Tiraz al-Mahafil Maktabat al-Rushd, (Riyadh 2004). He has recently edited a critical edition of al-Jira’i famous legal text entitled Hilyat al-tiraz fi hal masail al-alghaz (Maktabat al-Rushd, Riyadh, 2007). Professor Matroudi has published in the field of Prophetic traditions, translating On Schacht’s origins of Muhammadan Jurisprudence by Professor M. Mustafa Al-Azami. (King Saud University, 2006). And most significantly he is the author of the influential study of Ibn Taymiyya entitled The Hanbali School of Law and Ibn Taymiyyah: Conflict or Conciliation, (Routledge, London, 2006).

Chapter 7

General and Specific Threats of Punishment 84-87
Abdul-Hakim al-Matroudi
S.O.A.S.
Adbul-Hakim al-Matroudi is a visiting professor of Arabic in the Near and Middle East Department at SOAS. His research interests include classical jurisprudence and the Hanbalite school of law; and he takes an active interest in the field of translation and legal theory. He has published extensively in the field of Islamic law including works in Arabic and English; among these are a recent edition of Jamal al-Din al-Asnawi’s Tiraz al-Mahafil Maktabat al-Rushd, (Riyadh 2004). He has recently edited a critical edition of al-Jira’i famous legal text entitled Hilyat al-tiraz fi hal masail al-alghaz (Maktabat al-Rushd, Riyadh, 2007). Professor Matroudi has published in the field of Prophetic traditions, translating On Schacht’s origins of Muhammadan Jurisprudence by Professor M. Mustafa Al-Azami. (King Saud University, 2006). And most significantly he is the author of the influential study of Ibn Taymiyya entitled The Hanbali School of Law and Ibn Taymiyyah: Conflict or Conciliation, (Routledge, London, 2006).

Chapter 8

Categorical Proof and the Threat of Punishment 88-103
Abdul-Hakim al-Matroudi
S.O.A.S.
Adbul-Hakim al-Matroudi is a visiting professor of Arabic in the Near and Middle East Department at SOAS. His research interests include classical jurisprudence and the Hanbalite school of law; and he takes an active interest in the field of translation and legal theory. He has published extensively in the field of Islamic law including works in Arabic and English; among these are a recent edition of Jamal al-Din al-Asnawi’s Tiraz al-Mahafil Maktabat al-Rushd, (Riyadh 2004). He has recently edited a critical edition of al-Jira’i famous legal text entitled Hilyat al-tiraz fi hal masail al-alghaz (Maktabat al-Rushd, Riyadh, 2007). Professor Matroudi has published in the field of Prophetic traditions, translating On Schacht’s origins of Muhammadan Jurisprudence by Professor M. Mustafa Al-Azami. (King Saud University, 2006). And most significantly he is the author of the influential study of Ibn Taymiyya entitled The Hanbali School of Law and Ibn Taymiyyah: Conflict or Conciliation, (Routledge, London, 2006).

Chapter 9

Threat(s) of Punishment in Case of Difference of Opinion 104-151
Abdul-Hakim al-Matroudi
S.O.A.S.
Adbul-Hakim al-Matroudi is a visiting professor of Arabic in the Near and Middle East Department at SOAS. His research interests include classical jurisprudence and the Hanbalite school of law; and he takes an active interest in the field of translation and legal theory. He has published extensively in the field of Islamic law including works in Arabic and English; among these are a recent edition of Jamal al-Din al-Asnawi’s Tiraz al-Mahafil Maktabat al-Rushd, (Riyadh 2004). He has recently edited a critical edition of al-Jira’i famous legal text entitled Hilyat al-tiraz fi hal masail al-alghaz (Maktabat al-Rushd, Riyadh, 2007). Professor Matroudi has published in the field of Prophetic traditions, translating On Schacht’s origins of Muhammadan Jurisprudence by Professor M. Mustafa Al-Azami. (King Saud University, 2006). And most significantly he is the author of the influential study of Ibn Taymiyya entitled The Hanbali School of Law and Ibn Taymiyyah: Conflict or Conciliation, (Routledge, London, 2006).

Chapter 10

Conclusion 152-153
Abdul-Hakim al-Matroudi
S.O.A.S.
Adbul-Hakim al-Matroudi is a visiting professor of Arabic in the Near and Middle East Department at SOAS. His research interests include classical jurisprudence and the Hanbalite school of law; and he takes an active interest in the field of translation and legal theory. He has published extensively in the field of Islamic law including works in Arabic and English; among these are a recent edition of Jamal al-Din al-Asnawi’s Tiraz al-Mahafil Maktabat al-Rushd, (Riyadh 2004). He has recently edited a critical edition of al-Jira’i famous legal text entitled Hilyat al-tiraz fi hal masail al-alghaz (Maktabat al-Rushd, Riyadh, 2007). Professor Matroudi has published in the field of Prophetic traditions, translating On Schacht’s origins of Muhammadan Jurisprudence by Professor M. Mustafa Al-Azami. (King Saud University, 2006). And most significantly he is the author of the influential study of Ibn Taymiyya entitled The Hanbali School of Law and Ibn Taymiyyah: Conflict or Conciliation, (Routledge, London, 2006).

End Matter

Bibliography 154-156
Abdul-Hakim al-Matroudi
S.O.A.S.
Adbul-Hakim al-Matroudi is a visiting professor of Arabic in the Near and Middle East Department at SOAS. His research interests include classical jurisprudence and the Hanbalite school of law; and he takes an active interest in the field of translation and legal theory. He has published extensively in the field of Islamic law including works in Arabic and English; among these are a recent edition of Jamal al-Din al-Asnawi’s Tiraz al-Mahafil Maktabat al-Rushd, (Riyadh 2004). He has recently edited a critical edition of al-Jira’i famous legal text entitled Hilyat al-tiraz fi hal masail al-alghaz (Maktabat al-Rushd, Riyadh, 2007). Professor Matroudi has published in the field of Prophetic traditions, translating On Schacht’s origins of Muhammadan Jurisprudence by Professor M. Mustafa Al-Azami. (King Saud University, 2006). And most significantly he is the author of the influential study of Ibn Taymiyya entitled The Hanbali School of Law and Ibn Taymiyyah: Conflict or Conciliation, (Routledge, London, 2006).
Index 157-161
Abdul-Hakim al-Matroudi
S.O.A.S.
Adbul-Hakim al-Matroudi is a visiting professor of Arabic in the Near and Middle East Department at SOAS. His research interests include classical jurisprudence and the Hanbalite school of law; and he takes an active interest in the field of translation and legal theory. He has published extensively in the field of Islamic law including works in Arabic and English; among these are a recent edition of Jamal al-Din al-Asnawi’s Tiraz al-Mahafil Maktabat al-Rushd, (Riyadh 2004). He has recently edited a critical edition of al-Jira’i famous legal text entitled Hilyat al-tiraz fi hal masail al-alghaz (Maktabat al-Rushd, Riyadh, 2007). Professor Matroudi has published in the field of Prophetic traditions, translating On Schacht’s origins of Muhammadan Jurisprudence by Professor M. Mustafa Al-Azami. (King Saud University, 2006). And most significantly he is the author of the influential study of Ibn Taymiyya entitled The Hanbali School of Law and Ibn Taymiyyah: Conflict or Conciliation, (Routledge, London, 2006).

ISBN-13 (Hardback)
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ePub ISBN
9781800501737
Publication
23/01/2023
Pages
170
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Readership
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