Al-Hidayah

For the UK youth organisation, see Al Hidayah (organisation).

Al-Hidayah fi Sharh Bidayat al-Mubtadi (d. 593 AH/1197 CE) (Arabic: الهداية في شرح بداية المبتدي, al-Hidāyah fī Sharḥ Bidāyat al-Mubtadī), commonly referred to as al-Hidayah The Guidance, is a 12th-century Hanafi juridical work by Shaykh al-Islam Burhan al-Din al-Farghani al-Marghinani that is considered an authoritative guide to fiqh among Muslims throughout the world, based on Mukhtasar of Al-Quduri Islamic law. [1] [2]

The Hidayah represents the refined distilled and authentic version of a legal tradition developed over many centuries. It presents the corpus of Hanafi law in its approved and preferred form and forges an organic link with the other schools of law. There is no book that can match the power of al-Hidayyah as a teaching manual. Education in Islamic law is not complete without this book. Accordingly, each and every Islamic seminary, whatever its affiliation, imparts instruction in Islamic law through al-Hiddayah. The primary reason for its popularity is the reliability of its statements and the soundness of its legal reasoning. Most researchers and scholars first consult al-Hiddayah before they move to another source, and it is arguably the most popular and important work in the entire fiqh literature.

A new English translation of the original Arabic text was published by Amal Press in 2006, covering the ritual and family law sections, and amounting to about 40% of the original work (the volumes on civil, contractual and criminal law were largely omitted).[3]

Synopsis

The Hidayah has dominated the field of Islamic jurisprudence since the day it was written over 800 years ago. It has been the primary text used by Muslim jurists to issue authentic and reliable rulings on Islamic law according to the school of Imam Abu Hanifa (d.150AH/767CE). The Hidayah commands such an authoritative position amongst the doctors of law that the knowledge of a scholar who has not read it is not considered reliable. Around 70 huge commentaries, some spread over more than a dozen volumes, have been written on it. The number of explanatory glosses is in the thousands. Comprehensive in content and conveniently organised, with the publication of this book all previous works that discussed Islamic jurisprudence according to Hanafi law become outmoded and soon fell into disuse. If revealed books are not taken into account, never has a book received so much attention as the Hidayah. This landmark publication of The Hidayah not only has been translated in its entirety for the first time but has been done so from Arabic, the language in which it was written.

The Author Shaykh al-Islam Burhan al-Din al-Farghani al-Marghinani (d.593AH/1197CE) was considered to be the leading jurist of the Muslim world in his times. [4][5][6][7][8]

Acknowledgements of translation of Al- Hidayah by Dr Imran Ahsan Khan Nyazee

"The Hidayah is justly celebrated as the most practical and useful summary compilation of Hanafi jurisprudence. It has been a standard text in the curricula of Islamic law schools since the 12th century. It was first translated into English by Charles Hamilton in 1791 from Persian sources (non-original). A new translation into modern English has been long overdue. This translation by Dr Imran Ahsan Khan Nyazee is both precise and straightforward. With his knowledge of Islamic law and jurisprudence coupled with his command of both Arabic and English languages, he has conveyed the meaning of the original with great clarity. The Hidayah is a dense work, intended for use in teaching Hanafi fiqh- it is a work that needs explication if its arguments are to be understood fully. This the translator has provided through his valuable notes" Dr Mohammad Akram Nadwi, research fellow Oxford Centre for Islamic Studies, OXFORD

"Al-Marghinani's Hidayah is frequently referred to as one of the most important and influential fiqh manuals ever written. Dr Nyazee performs a tremendous service through his translation of this magisterial work that allows the reader to grasp the original ideas that al-Marghinani presents but does so in language that is clear and surprisingly free of the opacities of the original work. The translation is an important contribution and vastly improves on previous attempts to render the Hidayah in English. It will be useful for students of Islamic law as well as any reader who is interested in medieval Muslim thought" R. Kevin Jacques, Assistant Professor, Department of religious Studies, Indiana University.

"Every so often there comes along a book, so well presented, so well produced that it is difficult not to feel somewhat pleased that you own it. This is one such book. It is perhaps the most significant work on Hanafi Law available in English. Imran Ahsan Khan Nyazee is known for his stunning translations and he has not disappointed on any level. He has done great justice to this wonderful text. It is a good day to be a Hanafi." Dr Javed Khan

"sound and reliable... clear and lucid. [A] very useful text to understand the legal reasoning underlying Islamic rulings; to appreciate the sophistication and brilliance of Islamic legal methodology; and as a text to study with qualified scholars...for all these reasons, I would highly recommend this translation for those interested in Islamic law" Shaykh Faraz Rabbani

"A great achievement in all respects." Dr N. A. Baloch, Professor Emeritus, University of Sindh

Comparisons between Al-Quduri and Al-Hidayah

In comparing the Mukhtasar of al-Quduri, the book in which al-Hidayah is based upon, we note the following differences:


 * Al-Quduri has errors that have been corrected in Bidayat al-Mubtadi (the matn, bold text of al-Hidayah)
 * Bidayat al-Mubtadi is based on Quduri but has 25% more text as it includes those rulings that were missed in Quduri
 * Bidayat al-Mubtadi states the rulings in a more comprehensive way so that the rule is clearly understood
 * Bidayat al-Mubtadi is organised in a better way
 * Bidayat al-Mubtadi has a commentary written by the author himself. This commentary is called the Hidayah.
 This is not the case with al-Quduri

Translations

1) Dr Imran Ahsan Khan Nyazee translated from its original Arabic text with introduction, commentary & notes of "Al-Hiddayah Fi Sharh Bidayat Al-Mubtadi" The Guidance

2) Charles Hamilton's translation into English is not from the original Arabic text. He translated it from a Persian translation and left many chapters relating to rituals; however his coverage of contracts, torts and criminal law is more complete (although even Hamilton omitted sections that were no longer applicable in British India).

References

  1. Dr Imran Ahsan Khan Nyazee (trans.) Al-Hidayah: A classical manual of Hanafi Law Laws (Bristol) 2006
  2. Charles Hamilton (trans.) The Hedaya: Commentary on the Islamic Laws (Delhi) 1994 (2nd Edition 1870)
  3. Outpost Commentary: Burhan al-Din al-Farghani Al-Marghinani, Dr Imran Ahsan Khan Nyazee, Al-Hiddayah, The Guidance (Bristol: Amal Press, 2006)(Amal Press, PO Box 688, Bristol BS99 3ZR, England http://www.amalpress.com
  4. Robert W. Hefner; Muhammad Qasim Zaman: Schooling Islam, 2007, S.63 f.: „has served for centuries […] the cornerstone of legal studies in South Asian madrasas“.
  5. vgl. tahapublishers.com: Mukhtasar al-Quduri & kalamullah.com (PDF; 1,1 MB) & SUB GÖ
  6. basierender Kommentar - hat unter den Hanafiten einen Stellenwert wie das Minhaj von al-Nawawi (gest. 1277) bei den Schafi'iten
  7. Knut S. Vikør: Between God and the Sultan': A History of Islamic Law. 2005, S.162, Anm.45 (Madrasa 1197&f=false Online)
  8. Buchhandelslink (vgl. auch hier)