Al-Juwayni

Abū l - Ma ʿ Alī ʿ Abd al -Malik ibn ʿ Abd al - Dschuwainī (Arabic ابو المعالي عبد الملك بن عبد الله الجويني, DMG Abū l - Ma ʿ Alī ʿ Abd al -Malik ibn ʿ Abd al - Ǧuwainī; born February 17, 1028 Buschtaniqān, a village near Nishapur; † August 20, 1085 ), also known by his honorific epithet Imam al -Haramain ( امام الحرمين / Imam al -Haramain /, imam of the two holy places '), was an important schafiitischer legal scholar and ash ʿ aritischer theologian of the Seljuk period.

Life

Al- Dschuwainī, son of a prominent legal scholars from schafiitischen Dschuwain who came after 1016 Nishapur, took over in 1048 after the death of his father, whose teaching circles. He is said to have fought in this period often with the Hanafi scholar ʿ Alī ibn al -Hasan al- Sandali (d. 1091 ), which the Seljuk togrıl Bek had used after its ingestion Nischapurs in 1037 as chief minister for the city. When they came together, their followers were all over each other. When the Sultan in 1053 was the track ariten Ash ʿ at the instigation of his mu ʿ tazilitisch - Mansur al - Hanafi vizier Kundurī, fled al - Dschuwainī along with al - Quschairī to Baghdad. In 1058 he traveled to the Hijaz, where he taught for four years at the two holy sites of Mecca and Medina. Hence his Laqab Imam al -Haramain. 1063 he returned to his home town Nishapur, where the new vizier Nizam al -Mulk Nizamiyya built a school for him, taught at the till his death. Among his pupils was here Abu Hamid al -Ghazali. Al- Dschuwainī died in his native village, which he had sought to recover from an illness there.

Works

• Muġīṯ al - Halq fī al - tarǧīḥ qaul al Haqq ( " savior of the people with regard to the preference of the true speech" ) is an advertisement for the schafiitischen madhhab. Al- Dschuwainī explains in the preface that God had chosen among the religious scholars ash- Shafi ʿ ī and made ​​his madhhab to madhhab best, which is why all men are obliged to join him. The arguments for the superiority of ash- Shafi ʿ īs over the other law school founders, he argues that he had listened to the Quraysh as one of them and the first expanded the law to a consis teaching system. The text is different with wa - in Qila ( " And when it is said: ...") initiated divided sections are where refute possible objections of hanafitischer side against a schafiitischen priority claim. Al- Dschuwainī initially treated those questions that relate to the usul al - fiqh, and then goes through cycles through the various legal applications ( Furu ʿ ). In the main part, he cites an anecdote that tells how the ghaznawidische ruler Mahmud of Ghazni indignantly turned away from hanaftischen madhhab, after he had presented a ritual prayer according to the Hanafi rules and thereby inserted all kinds of repulsive things in prayer a schafiitischer scholars. The font was later refuted by several Hanafi scholars, ʿ Alī al - including Qari.
• Burhan al - usul al - fiqh fī, treatise on Islamic legal theory, which was considered very difficult and was therefore called by Taj ad -Din as- Subki as the " mystery of the Umma " ( Lugz al - umma ). Ibn Khaldun described it as one of the best Usul -al- fiqh works that have been written " on the nature of the theologians " (bi - Tariqat al - mutakallimīn ). In this work, a polemic against al - Dschuwainī but Imam Abu Hanifa and expressed the opinion that he could not be regarded as a mujtahid.
• Al - ʿ Aqida at - niẓāmīya, ash ʿ aritische confession.
• Kitāb al - ʿ al - Iršād ILA qawāṭi adilla fī al Usul -i ʿ tiqād, theological masterpiece. Paul E. Walker there under the title " A guide to conclusive proofs for the principles of belief " (Reading: Garnet 2000) translated.
• Luma ʿ al - ʿ id Qawa adilla fī ʿ AQA ʾ id ahl as- sunna, short of his Kitaab al - Iršād.
• Ġiyāṯ al - Umam fī iltiyāṯ AZ- ẓulam ( "Help for the people, amid the confusion of darkness " ), drafted 1072-1085 constitutional treatise, in the al - Dschuwainī the opinion 's argument that the suitability ( Kifaya ) of the ruler and his " tackling the difficult issues " (al- Istiqlal bi- ʿ aza ʾ in al - Umur ) are more important than his descent from the Quraish and his knowledge of the god-given order. Possession of the ruler of the performance, he could even be viewed as an imam. What is important is that he the opinion of a jurist catch up with problems.

Teaching

In the field of legal theory, al - Dschuwainīs position is characterized in that it ( " custom " ) attached great importance to the ʿ Urf. In his view, it forms the main basis for rational argument. ʿ Urf his opinion should also be applied as a criterion to verify the authenticity of the hadith. So expressed al - Dschuwainī in al - Burhan: " Any report that contrary to the commandment of the custom, is falsehood. " Finally, the ijma ʿ should be detectable only via ʿ Urf. In his constitutional treatise Ġiyāṯ al - Umam he wrote, " I say. Whatever is said about the proof of ijma ʿ, based on the custom and that it continues "