“Kitab al-Usul ul-fikh”
(
“The book of fikh methods”
). A legal
work that summarizes the general teachings of Islamic jurisprudence. Since
Imam Shashi is a member of the Shafi’ i school o f law, in this book, he
mainly explains the basics of his school’s ul-fikh usul.
4.
. A commentary on the
“Risala” by Imam Muhammad ibn Idris Shafi’i, the founder of the Shafi’i
school of law (fikh). According to Ibn Nadim in his book “ Fihrist”, Imam
Abu Yusuf, a student of Imam Abu Hanifa, was the first to compile the
basic rules of usul ul-fikh in a separate treatise. But this brochure has not
reached us. “Risala” of Imam Shafi’i has come down to us. Therefore,
Imam Shafi’i is recognized by many scholars as the founder of the usul ul-
fikh (practical jurisprudence).
5.
“The Beauty of the sharia”
. It discusses the specifics of Islamic
law. Since it has aspects related to fikh, we considered it necessary to
include it in the group of legal (fikh) works.
All of these jurisprudential (religious-legal) works are written in
Arabic. It is unknown whether these books have been translated into other
languages. But it is known that scientific research has been done on them.
As the national legal system of Uzbekistan develops, much attention is paid
to the study of historical and legal sources. In particular, the study of
Islamic law (fikh) has entered a special phase. To date, the works of Imam
Shashi have not received enough attention from our national lawyers,
which, in our opinion, is due to the fact that the scholar is a representative
of the Shafi’i school of law (mazhab). Even so, Kaffal Shashi is a
representative of the Turan (Turkistan) school of jurisprudence. His works
can be invaluable sources of comparative jurisprudence for us.
In addition to the above five legal works, there are two other legal
works associated with the name of the scholar. However, some sources
state that they were written by Kaffal Shashi, while other sources state that
they belonged to one of the other scholars from Tashkent. Therefore, we
did not include the following two works in the works of scholar:
1. “Hulyatul ulama fiy ikhtilafil fukaho”. A work of science o f
comparative jurisprudence. Books on ilm ul-khilaf (comparative
jurisprudence) fall into two categories. This work is the first of its kind,
which seeks to cover all the differences of the Imams. In some cases, the
evidences of the dissenters are given, in others they are not. The prayer part
of this book was researched by Dr. Ahmad Ibrahim Darovka and published
in 1400 AH in Amman, the capital of Jordan. It is also called
“Mustazhiriy”.
2. “Mutamad” . This book is a review of the book mentioned above.
Haji Khalifa(1609-1659), a well-known Ottoman Turkish scholar, wrote
about him in his book “Kashfuz-Zunun” (full name - “Kashfuz-zunun an-
asomil kutub val-funun” (“ Book of dispelling doubts about the names of
books and sciences”): “This book (“Hulyatul ulama fiy ikhtilafil fukaha”)
was written by dedication the caliph Mustazhir billahi Abbas, who was
happy about it and therefore it is called Mustazhiriy. In each case, they have
seized it, despite contrasts we can scarcely imagine. Then he classified
“Mutamad”. It is like the commentary of “Mustazhiriy”.
If the author of these books is Kaffal Shashi, it means that the fakih
was aware not only of the Shafi’i but also of the teachings of other Sunni
jurisprudential schools. In particular, he was an expert in comparative
jurisprudence (ilm ul-khilaf).
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