Eyyûbîler ve Memlükler Dönemi Fıkıh Yazımı
Tuncay BaşoğluBu çalışmada Eyyûbîler-Memlükler dönemi ilim zihniyetine ve fıkıh tarihine dair bazı sorular ve tespitler çerçevesinde söz konusu dönemde fıkıh yazımının özellikleri, eğilimleri ve yazılan fıkıh eserlerine dair bir inceleme yapılmaktadır. Çalışmada Mısır, Biladuşşam ve Hicaz’da yetişen veya oraya yerleşen âlimlerden bir fıkıh eseri bulunan 464 âlim tespit edildi. Bu âlimlerin yazdıkları 1750 civarındaki fıkıh eseri üzerinden dönemin genel eğilimlerine, fıkıh yazımının mahiyetine ve ortaya çıkan yeni eser türlerine değinildi. Ayrıca farklı dönemler ve bölgelerle mukayeseler yapılarak bazı sonuçlar çıkarıldı. Eyyûbîler-Memlükler dönemi fıkıh tarihine bir giriş mahiyetinde olan bu çalışma, fıkıh yazımı bakımından bu dönemin bir duraklama ve taklid devri olduğu yolundaki tezin aleyhine fıkıh yazımındaki canlılığı, çeşitliliği ve fıkhî yetkinlikteki “iddia”yı ve iddialı âlimlerin varlığını vurgulamayı amaçlamakta; söz konusu dönemin sadece hukuk sistemindeki uygulamalar bakımından değil fıkıh düşüncesi ve eserleri açısından da önemli olduğunu vurgulamaktadır.
Fiqh Literature at the Time of the Ayyubids and Mamluks
Tuncay BaşoğluIn this article, I studied the characteristics, types, and titles of fiqh works written in the Ayyubid-Mamluk period with special reference to the scientific mindset of the period. Firstly I found 464 scholars who had written at least one fiqh work with the condition that they had lived and died in Egypt, Biladush-Sham or Hijaz in the Ayyubid-Mamluk period. Secondly I identified the fiqh works of these scholars (whether they existed today or not), and found around 1750 titles. Then I classified and analysed them, setting the general inclinations and characteristics of the fiqh writing in that period. Additionally I made general, macrolevel comparisons between the mentioned period and other periods of Islamic history. Against the thesis and historical narrative seeing this period as a period of decline and imitation, I claim that the richness of fiqh literature, rise of new types and existence of assertive fiqh scholars and works draw a very different picture. So the history of legal thought and practice of this period deserves to be researched and rewritten.
In this article, I studied the characteristics, types, and titles of fiqh works written in the Ayyubid-Mamluk period with special reference to the scientific mindset of the period. I tried to map the legal writing and to analyze it from the point of its characteristics. Firstly, relying on research on the biographies in the TDV Encyclopedia of Islam and some other biographical studies, I found 464 scholars who had written at least one fiqh work with the condition that they had lived and died in Egypt, Biladush-Sham or Hijaz in the Ayyubid-Mamluk period. According to my findings, most of the scholars lived and carried out their studies in Qairo and Damascus. These two cities were followed by Halab, Mecca, al-Quds as-Sharif, Alexandria, and Madina in order of the scholars’ origins. Secondly I identified all the fiqh works of these scholars including those that either no longer exist today or we don’t have any information about their existence, and found around 1750 titles. The number of legal works might possibly be higher than this when additional research is done through the manuscript libraries and tabaqat works. Then I classified and analysed them, setting the general inclinations and characteristics of the fiqh writing in that period. As an example, there are around 350 works on usul al-fiqh, some complete and some incomplete, some in verse (manzum), written in this period. Nearly forty works on ahadith al-ahkam, more than thirty tabaqat works for fuqaha (not including the general biographies, history books, autobiographies, biographies focused on some regions, etc.) were written as well. Additionally I made general, macro-level comparisons between the mentioned period and other periods of Islamic history. The scholarly and intellectual orientation of this period seems to be highly different from that of the Eastern Lands of Islam (the region between Baghdad and Samarkand) in the late classical period. The scholars of Ayyubid-Mamluk period were more religious and humanistic studies oriented and more interested in the history, hadith and fiqh studies, whereas the eastern scholars, especially the followers of Fakhraddin al-Razi, were more interested in ulum al-aqliyya, e.g. kalam, logic, speculative ethics and theoretical linguistic studies. As characteristic of the Ayyubid-Mamluk period, many works on tabaqat, ahadith al-ahkam, etc. were written - more so than in any other period. New genres like qawaid / furuq / al-ashbah wa al-nazair came out as a result of certain intellectual transformations in the late classical period. Important textbooks (mukhtasars) of three fiqh madhhabs (Shafii, Maliki and Hanbali) that generated a literary tradition of sharhs and hashiyahs in the late classical period were written by the Ayyubid-Mamluk scholars. A striking tendency of the Mamluk scholars was their unprecedented thirst and race for writing scholarly books. Although having authored some fiqh work, proving the legal competency seems to be a semi-obligatory custom for one’s designation to the offices like qadi, mudarris, mufti of dar al-adl, there were other more important -and one might say – existential motives that stimulated the growth of legal writing such as the concern for the preservation of the scholarly legacy against the threat of extinction, like reproduction of past works and adaptation to a new milieu, and the existence of four madhhabs competing with each other. However, the scholarly works of this period cannot be seen as limited to a mere imitation of and copy of past works; on the contrary, they brought important newness and freshness to the field. Against the thesis and historical narrative seeing this period as a period of decline and imitation, I claim that the richness of fiqh literature, rise of new types and existence of assertive fiqh scholars and works draw a very different picture. And so, the history of legal thought and practice of this period deserves to be researched and rewritten.