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Jami' al-maqasid (book)

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Jami' al-maqasid
Author Al-Muhaqqiq al-Karaki
Original title جامع المقاصد فی شرح القواعد
Language Arabic
Series 13 vol.
Subject Jurisprudence
Published Qom, 1414/1993-94
Publisher Al al-Bayt

Jāmiʿ al-maqāṣid fī sharḥ al-qawāʿid (Arabic:جامع المقاصد فی شرح القواعد) is a book in jurisprudence, in Arabic, written by the Shi'a scholar, al-Muhaqqiq al-Karaki (d. 940/1534). This book is a commentary on Qawa'id al-ahkam written by al-'Allama al-Hilli (d. 726/1326), which is the most important book on Shi'a jurisprudence, second only to Sharayi' al-Islam written by al-Muhaqqiq al-Hilli (d. 676/1277).

The Author

Main article: Al-Muhaqqiq al-Karaki

Ali b. Husayn b. 'Abd al-'Ali al-Karaki Jabal 'Amili known as al-Muhaqqiq al-Thani and also al-Muhaqqiq al-Karaki (d. 940/1534) was among famous Shia scholars in jurisprudence at the time of Safavids who emigrated from his birth place, Jabal Amel and first went to Iraq and then went to Iran following the invitation of Shah Isma'il Safavi and had a great role in promotion of Shia in Iran. Al-Muhaqqiq al-Thani was an expert in demonstrative fiqh and his works in jurisprudence were specially appreciated by later scholars in jurisprudence.

Commentaries on Qawa'id al-Ahkam

Different valuable commentaries have been written on Qawa'id al-ahkam such as Miftah al-karama written by al-Sayyid Jawad al-'Amili (d. 1226/1811), Idah al-fawa'id written by Fakhr al-muhaqqiqin (d. 771/1369-70), Kashf al-litham written by Fadil Hindi (d. 1137/1725), Wasilat al-maqasid written by Ibn Mutawwaj (820/1417) and Jami' al-maqasid written by al-Muhaqqiq al-Karaki.

Goal of Writing

In the preface to the book, the author has mentioned his goal of writing as explaining and removing problems of principles. After speaking with some scholars, al-Muhaqqiq al-Karaki decided to mention what helped in explanation of expressions, mentioning the problems and intricate points in different topics. He tried to address the disagreement between scholars and common justifications among jurists and also mention his own opinions in short and concise expressions.[1]

Content

Jami' al-maqasid is a commentary on the first and second volumes and a part of the discussion on marriage from the third volume of Qawa'id al-ahkam.

  • Its first volume includes the chapter of Tahara (ritual purity) (types of ritual purity, means of ritual purity, types of water, ritual impurities, containers, Wudu, types of Ghusl), shroud, Funeral Prayer, burial and Tayammum.
  • The second volume is about the chapter of prayer which includes topics such as: number, times and rulings, Qibla, clothes and place of praying person, mosques, Adhan and Iqama, actions in prayers, things which need to be avoided in prayer, Friday prayer, prayer of Eid al-Fitr and Eid al-Adha, prayer of Solar or lunar eclipses, prayer for Nadhr and recommended prayers.
  • The third volume includes the chapters of Zakat, fasting, hajj, Jihad and enjoining to the good and forbidding from evil.
  • The fourth volume includes the chapter of sale, which discusses issues such as types of dealers, manners of dealing, sale, formula of sale contract, contracting parties, exchange values, types of sale, sale of fruits, sale of gold and silver, cash and credit, advanced sale, resale with a stated profit, usury, rights of withdrawal, rulings of contract, submission and condition.
  • The fifth volume includes the chapters of debt, lease (along with a down payment), wardship and its causes (minority, insanity, foolishness, slavery, illness), bankruptcy, liability, transfer of debts, suretyship and amicable settlement.
  • The sixth volume includes the chapters of trust and its divisions (i.e. deposit, loan and found property), usurpation, and its divisions such as preemption.
  • The seventh volume includes reviving barren lands, lease and its divisions such as farm letting and crop sharing. It is to note that reviving barren lands is a part of the chapter usurpation.
  • The eight volume includes the chapters of partnership, agency, competition and arrow throwing which are parts of the chapter of lease.
  • The ninth volume includes the chapters of religious endowment (residence, charity and gift) and confession.
  • The tenth and eleventh volumes include the chapter of wills.
  • The twelfth volume is about marriage which includes: the Makruh (reprehensible) and the recommended of marriage, marriage contract, reciter of marriage, parents, what breaks guardianship, equality between spouses, rulings of marriage, Mahram by blood, Mahram by breastfeeding, Mahram through marriage and nafaqa (money or properties given to one's wife to meet her everyday needs).
  • The thirteenth volume is the rest of discussions about marriage including: temporary marriage, marriage with bondswomen, what cancels the marriage with bondswomen, problems which cancel marriage, rulings of mahr, marriage without asking for mahr .

Importance

This book is among the most important works on jurisprudence. There is a famous quotation narrated from the author of Jawahir al-kalam, Muhammad Hasan al-Najafi, who said, "If a jurist has three books of Jami' al-maqasid, Wasa'il al-Shi'a and Jawahir al-kalam, he would not need any other book."

Also, the author of 'Urwat al-Wuthqa, Al-Sayyid Muhammad Kazim al-Yazdi, said that, "The three books of Jami' al-maqasid, Wasa'il al-Shi'a and Mustanad al-Shi'a suffice a Mujtahid.”[2]

Copies and Prints

  • The copy in the library of Sayyid Ahmad Zanjani
  • The manuscript of the library of Masjid A'zam of Qom
  • The manuscript of Sulayman Khan school in Mashhad
  • The manuscript of Sepahsalar library
  • The manuscript of the library of Imam al-Rida (a)
  • The copy of the library of Goharshad mosque
  • The manuscript of the library of the Law faculty of the University of Tehran
  • The copy of the library of West Hamadan.

Notes

  1. ʿĀmilī, Jamiʿ al-maqāsid, vol. 1, p. 67.
  2. ʿĀmilī, Jamiʿ al-maqāsid, vol. 1, p. 63-4.

References

  • ʿĀmilī, Alī b. al-Ḥusayn al-. Jamiʿ al-maqāsid fī sharḥ al-qawāʿid. Qom: Āl al-Bayt, 1414 AH.