Book Review: Al-Fiqh Ala AlMadhhib AlKhamsah by Muhammad Jawad Maghniyyah.

By Mazaher Muraj

BOOK COVER

INTRODUCTION
In 1922 a group of ulam from the Al-Azhar mosque compiled a book of Islamic Jurisprudence detailing and comparing the legal rulings related to the four Sunnite schools of fiqh; anaf, Mliki, Shfi and anbal. This book, although useful for Muslims in countries in Central Asia, Pakistan and India (where the majority of Muslims follow the anaf school [1]) or in Malaysia (where judges are expected to judge according to the Shfi school [2]), disregarded the fiqh of the Shiites known as the Jafar school (which the author makes clear that in his book refers to the fiqh taught by Jafar al-Sdiq of the twelver Immiyyah sect). Therefore the author of the current book under review states that On the basis, and for the sake of paving the way for selecting from among all the creeds, I have determined to compile this book [3]. As a result the book in my view acts as a brief extension to Al-fiqh ala al-madhhib al-arbaah and so is known as Al-fiqh ala almadhhib al-khamsah. In this review, I will assess the following points; (1) the authors approach and (2) the authors style. In order to do so, the main focus will be on the first part titled Ibadah within which is the chapter concerning the Zakt (which has been chosen due to it displaying the authors style of writing as well as the authors ability to relate a complicated issue to a variety of audiences) however; I will on occasion refer to the other chapters within the book. The conclusion will consist of a combination of the two in order to determine the strengths and weaknesses of the book and whether the book satisfactorily meets its aim in relation to the audience for whom it has been written. The Author Shaykh Muhammad Jawad Maghniyyah was a prominent scholar of Islamic studies from Lebanon and has authored over sixty books including the one under review and Fiqh al-Imam al-Sdiq in which he elaborated on the Jafar sect in an eloquent and understandable manner. He is known to have studied under other prominent scholars of the Shiite world including the grand Ayatullah Abu al-Qasim al-KhuI for 11 years. The author has also the position of a judge in the Shiite Muslim Court in Beirut as well as being a senior advisor in the High Court of Lebanon [4].

REVIEW
Authors Approach In order to determine the authors approach in writing the book, it is important that we consider the following; (a) the aim of the author and (b) the structure/layout of the chapters. In doing so, we will be able to make clear the authors ability to successfully convey the rules of fiqh from each of the schools to his intended audience. (a) Aim of the Author When writing this book, the author at its very inception indicates that the emergence of different schools of fiqh has created confusion as to which path to follow. Having said this, he emphasises that closing the door to ijtihd (inference of rules) is not the solution since aql (intellect) and religion cannot be separated from one another. Therefore the aim in compiling such a book was to bring together the rulings of the five madhhib in a clear format i.e. mentioning the sayings alone [5], thus making it easier for people to comprehend and thereby follow. In order to desist the book from becoming understood only by the elite to whom the author calls knowledgeable people [6], the author from the very outset makes clear that the book be for all people and not dedicated for a certain elite, and for the public not for the elect [7]. (b) Structure/Layout of the chapter With regards to the structure of the chapters within the book, it can be seen that there is a general consistency throughout in relation to the way the author has mentioned the opinions of each madhab (school of fiqh). This consistency can also be detected in the other chapters however the difference is that some chapters require an introduction into the rituals performed e.g. during the Hajj and thus the different or even similar rulings are stated [8]. This method of simply mentioning the rulings has been advantageous since concurring rules from among the madhhib have been grouped whilst when differing statements are made, they are given individually. Allowing brevity avoids the book from becoming too long. An example of this can be seen at the very beginning of the chapter on Zakt where the author says, The schools concur that payment of zakt is not valid without niyyah [9]. It must be noted that contrary to the author stating in the foreword of the book that he intends to states only the sayings therefore omitting

the basis and reasoning behind the rules, there are some occasions where Quranic verses are given in support of a ruling [10]. Other places within the book show that the author narrates an incident from history in order to explain a term faqr [11]. This is clearly in opposition to his stated intention however the author may have thought it necessary to explain the term in this way.

Authors Style The authors style is important in order to determine the success of the author in regards to the usefulness of the book. In order to do so, it is important to consider the following; (a) the organisation of the book, (b) complexity and (c) the referencing style. (a) Organisation The book was originally in two parts (the first called Ibdt and the second called al-A wl al-Shakh iyyah ) however the original publishers, Dar al-ilm al Malyn, due to demand later insisted that both be compiled into one. Therefore the current organisation of the book contains a total of eleven chapters including Tahrah and Salt from the first part whilst topics such as Marriage and Inheritance are dealt with in the second part. This organisation poses many advantages such as the book being available as a whole in one and easily readable whilst Al-fiqh ala al-madhhib al-arbaah is compiled into five volumes. (b) Complexity As has been already stated, the rulings of each school are given in a consistent format thus allowing schools to be sub-categorised into groups of agreement and disagreement with regards to their opinions. Therefore the author has given considerable thought to reducing the complexity of the book and increasing its brevity since this method is easier to understand and follow for any reader. This style of presentation is also contrary to the way rulings are presented in Alfiqh ala al-madhhib al-arbaah where each ruling is given separately for each school. However, having said the above, the chapter of Zakt and Khums can be difficult for a reader to follow if they do not possess prior knowledge. This can be seen when the author is presenting the rulings of zakt with regards to livestock [12]. What is particular to this chapter is that it entails a degree of mathematics. This may become problematic for a reader who is not versed within this subject area e.g. one of the rulings with regards to livestock states that If the number

of camels is five, one sheep; if it reaches ten, two sheep; for fifteen, three sheep; and for twenty, four sheep [13]. Thence forth, a number of numerical rulings follow and such rulings may require an individual to carefully read over a number of times before understanding. A useful feature of the book is that the translator has considered that the audience may not all be Arabic speakers and therefore at the introduction of a new Arabic term, its definition is given in brackets. This is commendable because in such a book, it is expected that Arabic terms will be used on a constant basis. However, the definition is only given at the initial introduction of the term and no throughout so a reader on some occasions may need to refer back to previous pages. (c) Referencing style Referencing in academic works is considered a necessity however it can be seen that the book under review does not reference any rule or tradition. This may be viewed as unacceptable in modern academic works however the lack of references given may be due to a number of factors; (i) referencing may not have been a common practice or a requirement at the time the book was first compiled; (ii) since this is a book of laws, the number of rulings given may have reached thousands in number. Therefore in order to avoid the book becoming very long and for the sake of brevity the author may have opted not to reference. There is on rare occasions a note made of certain books used for certain information. An example of this can be seen on page 158 where the author is discussing to whom zakt can be given and inserts into brackets the name of a book by Al-Allmah al-Hill [14]. The author has listed in his bibliography a number of books he may have referred to when producing this book.

CONCLUSION
In this review I have sought to determine whether this book successfully achieves the aim the author set out at the beginning in the style he wishes to do so. In order to determine this, a number of points have been analysed; the authors approach and the authors style. Having considered both points I can conclude that this book is a good, albeit, brief introduction into the rulings of the five different schools of law. This is for a number of reasons: (1) the intention of the author was to bring together the rulings of the Jafar with the four schools given in the book on which the current book is based; anaf, M lik , Sh f and anbal. Therefore having considered the chapter on Zakt it can be seen that the author has done this in the manner which he intended with brevity in mind. The rulings are grouped where the schools concur or disagree and divided where neither of the former applies. This enables a reader to easily identify where schools are similar and where differences arise and thus are then able to select rulings to follow. (2) the chapter of Zakt is written in a format consistent with the other chapters making the book easy to follow and also covers rulings on the same issues as Al-fiqh ala al-madhhib al-arbaah. However an issue or critique that may be raised is that ijtihd is perpetual and with the existence of many jurists in the modern day there are various opinions which may result in the book not meeting the requirements of every reader. In order to solve this problem Maghniyyah states that for the fours Sunnite schools he has referred to the rulings given in Al-fiqh ala al-madhhib al-arbaah and with regards

to the Jafar school me mentions in the foreword that he has reported from it that which got their unanimity, and chosen only that is widely known from the issues upon which they differed [15].

REFERENCES
[1] Wikipedia. Islamic Schools and Branches. [ONLINE] Available at:http://en.wikipedia.org/wiki/Islamic_schools_and_branches#Schools_ of_law. [Accessed 29 April 12]. [2] Wikipedia. Malaysia: Religion. [ONLINE] Available at: http://en.wikipedia.org/wiki/Malaysia#Religion. [Accessed 29 April 12]. [3] MAGHNIYYAH, M. J., 1995. The Five Schools of Islamic Law. 1st ed. foreword, xii: Ansariyan Publications. [4] Islam Times. 2010. Shaykh Muhammad Jawad Mughniyyah. [ONLINE] Available at:http://islamtimes.org/vdcayenu.49nyi1gtk4.html. [Accessed 05 May 12]. [5] MAGHNIYYAH, M. J., 1995. The Five Schools of Islamic Law. 1st ed. foreword, xiii: Ansariyan Publications. [6] MAGHNIYYAH, M. J., 1995. The Five Schools of Islamic Law. 1st ed. foreword, xiii: Ansariyan Publications. [7] MAGHNIYYAH, M. J., 1995. The Five Schools of Islamic Law. 1st ed. foreword, xiv: Ansariyan Publications.

[8] MAGHNIYYAH, M. J., 1995. The Five Schools of Islamic Law. 1st ed. pg 168-169: Ansariyan Publications. [9] MAGHNIYYAH, M. J., 1995. The Five Schools of Islamic Law. 1st ed. pg 148: Ansariyan Publications. [10] MAGHNIYYAH, M. J., 1995. The Five Schools of Islamic Law. 1st ed. pg 150, 155, 157: Ansariyan Publications. [11] MAGHNIYYAH, M. J., 1995. The Five Schools of Islamic Law. 1st ed. pg 157: Ansariyan Publications. [12] MAGHNIYYAH, M. J., 1995. The Five Schools of Islamic Law. 1st ed. pg 150-153: Ansariyan Publications. [13] MAGHNIYYAH, M. J., 1995. The Five Schools of Islamic Law. 1st ed. pg 151: Ansariyan Publications. [14] MAGHNIYYAH, M. J., 1995. The Five Schools of Islamic Law. 1st ed. pg 158: Ansariyan Publications. [15] MAGHNIYYAH, M. J., 1995. The Five Schools of Islamic Law. 1st ed. foreword, xv: Ansariyan Publications.