Tadhkirat al-Fuqahā (Memorandum for Jurists) is a book on
Shiite
Shīʿa Islam or Shīʿīsm is the second-largest branch of Islam. It holds that the Islamic prophet Muhammad designated ʿAlī ibn Abī Ṭālib as his successor (''khalīfa'') and the Imam (spiritual and political leader) after him, most ...
jurisprudence
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning ...
written by
Allamah
''Allāmah'' ( ar, عَلَّامة, Urdu and , meaning "learned"), also spelled ''Allāma'' and ''Allama'' and “ Allameh “, is an Islamic honorary title for a profound scholar, a polymath, a man of vast reading and erudition, or a great ...
Al-Hilli Al-Hilli ( ar, الحلي) is an Arabic surname. Notable people with the surname include:
* al-Allama al-Hilli (1250–1325), theologian
* Safi al-Din al-Hilli (1278–1349), poet
* al-Hilli family, victims of the Annecy shootings
The Annecy sh ...
Introduction
The book of Tadhkirat al-Fuqahā is considered one of the greatest books on Shiite jurisprudence or
fiqh
''Fiqh'' (; ar, فقه ) is Islamic jurisprudence. Muhammad-> Companions-> Followers-> Fiqh.
The commands and prohibitions chosen by God were revealed through the agency of the Prophet in both the Quran and the Sunnah (words, deeds, and ...
. The book is cited by other scholars as a reference. Allamah Hilli mainly points to opinions and ideas of
Shaykh Tusi
Shaykh Tusi ( fa, شیخ طوسی), full name ''Abu Jafar Muhammad Ibn Hassan Tusi'' ( ar, ابو جعفر محمد بن حسن طوسی), known as Shaykh al-Taʾifah ( ar, links=no, شيخ الطائفة) was a prominent Persian scholar of th ...
rather that of other Shiite Scholars.
Motive
The book was written by the request of Allamah Al-Hilli's son, Fakhr Al Muhaqqiq.
Style
Allamah Al-Hilli writes that his intention is to express and explain the summaries of indult (
Fatwa
A fatwā ( ; ar, فتوى; plural ''fatāwā'' ) is a legal ruling on a point of Islamic law (''sharia'') given by a qualified '' Faqih'' (Islamic jurist) in response to a question posed by a private individual, judge or government. A jurist ...
) of the jurist and rules of Scholars (Ulama) according to "best explanations, the most correct way, the most rightness style, and the most confident methods".
Content
The author divided the book into four rules: on praying, on transactions, on unilateral obligation, on judgments. The book is divided to fifteen sections; some of them are as follows:
* The book of purity
* The books of Alms and fasting
* The book of safekeeping
* The book of buying either pecuniary or credit.
Characteristics
The book has many characteristics. Some of them are as follows:
* Refer to consensus (Ijma) as Jomhourat Al Ulama or most of the religious scholars.
* Documentation through Imam's narrations.
* Rejecting of juridical principles such as Istehsan and Qiyas.
* using of public resources.
Summaries
The book has been summarized by Ibn Motawwej Bahrani, one of the pupils of Allamah Al-Hilli, in a book called ''Mukhtasar Al Tadhkirah''.
Publication
The book has published many times in
Iraq
Iraq,; ku, عێراق, translit=Êraq officially the Republic of Iraq, '; ku, کۆماری عێراق, translit=Komarî Êraq is a country in Western Asia. It is bordered by Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq ...
and
Iran
Iran, officially the Islamic Republic of Iran, and also called Persia, is a country located in Western Asia. It is bordered by Iraq and Turkey to the west, by Azerbaijan and Armenia to the northwest, by the Caspian Sea and Turkm ...
. Until recently, the book was published in twelve volumes. Also, some part of Al Tadhkirah has published by Allameh Mozaffar and sayyed Mortaza Khalkhali in
Najaf
Najaf ( ar, ٱلنَّجَف) or An-Najaf al-Ashraf ( ar, ٱلنَّجَف ٱلْأَشْرَف), also known as Baniqia ( ar, بَانِيقِيَا), is a city in central Iraq about 160 km (100 mi) south of Baghdad. Its estimated popula ...
.
References
External links
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{{DEFAULTSORT:Tadhkirat al-Fuqaha
Sharia
Jurisprudence
1997 books