The sources of the Ismaili Law (part 3)

This is part three of the review. Part one and Part two.

The later part of the paper was devoted to discussion on Imami vs Zaydi sources

Qadi al-Nu’man takes a hybrid approach when developing the Ismaili law which was later written in the book al-Idah (by extracting laws from Imami and Zaydi sources).

Qadi al-Nu’man also went with the Imami position that recognizes the Imams of Ahl al-Bayt superior than other Alid (descendent of Ali).

Madelung presented temporary marriage (Muta) as an example where the Zaydi sources were given a preference over the Imami laws.

In the conclusion, you are provided with a list of books used by Qadi al-Nu’man. Please see the original paper by Madelung to see names and descriptions of all the 21 books used by the Qadi.

Reference

Madelung, W., The Sources of Ismāīlī Law, The University of Chicago Press, Journal of Near Eastern Studies, Vol. 35,  No. 1 (Jan., 1976), pp. 29-40

The sources of the Ismaili Law (part 2)

This is the second part of the review. For part one, please see here

Qadi al-Nu’man only quotes traditions from Imam Muhammad al-Baqir (may peace be upon him) and Imam Jaffar as-Sadiq (may peace be upon him). The Shias and Ismailis recognize both of the Imams as their own. Al-Nu’man does not, however, quote from Imam Musa al-Kadhim (may peace be upon him) (who is not recognized by the Ismailis. [Note: for additional info please see my blog posts Ismail died before his father and Ismail son of the sixth Imam]

Madelung also reveled an interesting fact about the hadeeths collected by the Qadi. Qadi al-Nu’man has not referred/quoted even a single author or scholar from the Holy City of Qum (back then and is still now, one of the Shia center for learning).

A great majority of authors sourced by Qadi al-Nu’man are Iraqis (Baghdad, Basra or Kufa), Egyptians or from Medina.

Medelung then proceed to answer his own question 

“Did al-Nu’man intentionally repudiate the school of Qumm? This is not unlikely, though it is also possible that the choice of his sources was rather dictated by their availability in the Maghrib."

The author (Medelung) tried to rationalize the reason as to why we do not see any narrations from other Ismaili Imams after Imam Jaffar as-Sadiq (may peace be upon him). According to Madelung, since the Imams were in Satr, their identity must not be revealed even by an Ismaili Dai aka Qadi al-Nu’man [Note: I don’t really believe this. See my other blog posts what is satr and Ismailis usage of satr ]

Quite revealing, Madelung emphatically stated that Qadi al-Nu’man did not even quote any traditions from other living Fatimid Imams/Calips (By the way, Qadi al-Nu’man was under the employment of four Fatimid Caliphs/Imams).

But even more reveling is the fact that Qadi al-Nu’man used works by authors who were non Shia Imami or Ismaili in his compilation. The traditions in these works are not from Imams of Ahl al-Bayt but rather from Zaydis (another Islamic sect).
Click here to continue reading part three 

Reference

Madelung, W., The Sources of Ismāīlī Law, The University of Chicago Press, Journal of Near Eastern Studies, Vol. 35, No. 1 (Jan., 1976), pp. 29-40

A review of the paper 'The Sources of Ismāīlī Law'

I am currently reading the article ‘The Sources of Ismāīlī Law by Wilferd Madelung’ (see the reference). I thank the brother who provided me with the article (you know who you are).

Summary of the paper

Apparently Daim al-Islam is not the only work by Qadi al-Numan b. Muhammad b. Hayyun. He also wrote the following books, al-Iqtisar, al-Idah, al-Ikhbar 

• Daim al-Islam is the book of the Islamic laws for Tayyibi Ismailis (Dawoodi Bohras, Sulaymani and Alevi Bohras) and other Ismaili sects. The collection of hadeeths in this book is without the chain of narrators.
• al-Iqtisar is a short compendiums of law.
• al-Idah was Qadi al-Numan first legal work. The book is a collection of hadeeths from Ahl al-Bayt with evidence and proofs and point of consensus and disagreement. The author believes that the chains of narrators are fully quoted in this book.
• al-Ikhbar: An extraction from al-Idah with the removal of chain of narrators.

The book al-Idah (Kitab al-Idah) was believed to have been completely lost. However, some new evidences are suggesting that that may not be the case.

Al-Numan used books written by Shias/Imamiyyah and others as the source for his work (hadeeth book). This approach of extracting tradition of Imams of Ahl al Bayt from books is different from the common practice of that time. The usual practice back then was to trace narrations from a person to another person (who heard it/wrote it down) until to the Imams of Ahl al-Bayt who heard it from the Holy Prophet (May the peace and blessings of Allah be upon him and his pure family) or Imam Ali (may peace be upon him) (who heard it from the Holy Prophet).

Click here to continue reading part two

Reference

Madelung, W., The Sources of Ismāīlī Law, The University of Chicago Press, Journal of Near Eastern Studies, Vol. 35, No. 1 (Jan., 1976), pp. 29-40

What hadeeth books do Ismaili use?

Ismailis (Dawoodi bohras, Sulaymani, followers of Aga Khan) do not have many hadeeth books. The most important/significant book (according to their sect) is Daim al-Islam.

 

From Wikipedia: Daim al-Islam is a Mustaali Ismaili Shi'a Muslim book of hadith, meaning traditions.

This book is written by Sayedna Qazi Nauman. He served as Dai of four Imams (from Ismaili 11th Imam Mehdi to 14th Imam Aziz the first 4 Fatimd Caliphs of Egypt). The book emphasises what importance Islam has given to manners and etiquette along with ibadat, the worship of God, citing references of Fatemid first four Imams.

A website has the book available online (not in the original Arabic language).

We're pleased to bring you the Hindi translation of Da'a'im al-Islam - the celebrated book written by one of the great Isma'li intellectuals Sayedna Qadi al-Nu'man. This book is fundamental to Dawoodi Bohras as far as their religion, their beliefs and their spiritual practices are concerned. It is also the principal source of Isma'ili jurisprudence and hadith literature.

I recently found out that the book has been translated into the English Language. The titles of the books are The Pillars of Islam (in Vol 1 and 2).

Ongoing discussion about Daim al-Islam

Who are the Tayyibis?

After the split between the followers of Aga Khan (Nizaris) and Bohras (Mustalians) in the year 1094 AD, we saw another split in the year 1130 AD. The Fatimid caliph Mansur al-Amir Bi Hakimi Illah died and was succeeded by his cousin al-Hafiz.

A section called the Tayyibi (all bohra sects, Sulaymani, Alevi, Dawoodi) rejected the caliphate/Imammah of al-Hafiz. According to them, the caliphate passed to Al-Amir infant son at-Tayyib.

The Tayyibi claim to the Fatimid throne has not really been proven. The infant son (at-Tayyib) of al-Amir supposedly went into seclusion upon arrival in Yemen. 

There are almost no documentations stating that the 20^th Fatimid Caliph, al-Amir, even had a son named Tayyib. 

We don’t really know a whole lot about the 21^st Imam of the Bohras (At-Tayyib). However, we do know when the story (myth to some) about him was circulated.

The split between Bohras and the followers of Aga Khan

The Fatimid Caliph al-Mustansir died in the year 1094 AD. The succession to the Fatimid throne was contested by two of his sons; Nizar (eldest) and Ahmad (much younger).

According to Dr Farhad Daftary

Ahmad who was actually installed as Fatimid caliph with the title of al-Mustali billah. Subsequently, Nizar rose in revolt to assert his claims, but he was eventually defeated and killed in 1095. As a result of these events the unified Ismaili community and dawa of the latter decades of al-Mustansir’s reign was permanently split into two rival branches, the Mustaliyya and the Nizariyya.

The Bohras (Sulaymani, Tayyibi, Dawoodi, Alevi) also known as Mustalians (Mustaliyya) accept Mustali billah as the rightful heir to the Fatimid caliph (al-Mustansir).

The followers of the Aga Khan, also known as the Nizaris (Nizariyya), reject the younger son and accept the caliphate/Imammah of Nizar.

There is an interesting story on who orchestrated the downfall of Nizar (some claim him to be the rightful heir of his father).

Divisions of Bohras

I found an interesting image depicting divisions in the Bohra Community (Fatimid/Mustalian/Tayyibi)

I just noticed that in every 100 or so years, a group is always splitting from the main Tayyibi/Mustalian branch; either due to succession of a Dai or general disagreements with the way the community affair is being run by their authority.

Are we going to see another split among the bohras in the 21^st century?

 

Source: WikiMedia

The Sulaymani Dai doesn’t claim infallibility

The dai for Sulaymani Ismaili/Fatimid Mustalian is al-Fakhrī ‘Abdullāh ibn Muhammad al-Makrami. He is situated in the modern day Saudi Arabia (in the old days it was part of Yemen). He has a representative in India for Sulaymani Bohras (their number is very low and is fast dwindling because many are re-aligning with the Daudi. They are also some who is no longer in touch with their mission while many of them have intermarried with non-Fatimid Mustalian sect).

The infallibility (isma) for the Dai (agent of the Imam/preacher) is something that was added much later (after the Sulaymani splits).

Ismailis Nizari (followers of Aga Khan) vs Dawoodi Bohras

Both sects are very different in their religious practices.

The Bohras, like the rest of the Muslims, do practice religious obligations such as Salat, Fasting, Haj and Zakat (but not exactly like the other Muslim sects – Shia and Sunni). They revere the family of the Prophet (pbuh) and accept Imams of ahlul bayt up to Imam Jaffar al-Sadiq(as) . They do not accept the 7th -12 Imams of ahlul Bayt (Imam Musa al-Kadhim (peace be upon him) up to the twelfth Imam (May Allah swt hasten his appearance).

The Ismaili (which include the Bohras and the followers of Aga Khan) gives allegiance to their sects’ leaders.

The followers of Aga Khan do not enforce any religious obligations. They do not adhere strictly to Islam pillars or branches of religions like the other Islamic sects. It is hard to get a straight answer from them about their religious obligations. Everything is open to re-interpretation by their sect leader.

Bohras and Aga Khan may share many customs for the simple fact that they are from the Indian-subcontinent.

Dawoodi Bohras 21st Imam and their Salah (Prayers

Dawoodi (Daudi) Bohras is an offshoot of the Ismaili sect

How their salah (Prayers) differ from the Ithna Asharis Shia?

In adhan, they testify that Ali is Wali of Allah swt. Their adhan have the "Hayya'ala Khayril 'Amal" and something else (I’ll post this as soon as I remember what this is).

Qunut: They do it for Salat al Fajar but not for any other salat.

Tasbeehat' al-Arba'a: They don't have it in the sense that Ithna Asharis do it.

The dhikir for ruku, sajda are slightly different.

Their Tashahud is different. They bless Prophet Ibrahim(as) and his progeny and also bless Muhammad(as) and his ahlul bayt. They recite a very long version of the Tahashud.

They don't raise their hands when almost completing the salat.

Their men don't put their arms on their stomach like the Sunnis. Their arms are at the side like us. But their women put their hands on their chest.

They are many other differences in their Sharia. In their marriage and inheritance law, their rules are more like the Sunnis than Shias, They don't believe in the Muta (temporary marriage). They don't believe in the 12th Imam. They believe only the first 6 Imams of the Ithna Asharis.

After the 6^th Imam (Imam Jaffar as-Sadiq(peace be upon him)) they believe in other Imams from Ismail Ibn Imam Jaffar Sadiq.

The dawoodi bohras have 21 Imams. Their last Imam (the 21^st) went into concealment. They also believe that the 21^st Imam's descendants are also in the concealment. It's not a requirement for their 21st Imam to be alive.
 

I'll probably write more about this topic, later. The concept of the 21 ^st Imam in concealment is very different from the Ithna Asharis Imam al-Mahdi.

Sulaymani Bohras

Sulaymani are Ismaili Shias. They are from the Mustalian branch of Ismaili (The Sevener). They pray, fast, go to hajj and follow other Islamic rules and regulations.

So, what separate Sulaymani Bohras from the Ithna Asharis (Twelver)?

A number of things. They believe only up to Imam Jaffar Sadiq (upon him be peace). They believe in the other Imams that we don't. They believe in the Imam in concealment but not in the sense that we do. Some of their rulings are dissimilar to us. Their scholarly Shia center is not Najaf or Qum.

However, like all the other Ismailis, they do believe in Imam Ali (upon him be peace) as the successor of the Holy Prophet (Peace be upon him and his family). They believe in the ahlul bayt. They consider the three caliphs as oppressors and they remember Imam Hussayn (upon him be peace) sacrifice.

In the Mustalian branch, the dau'di branch is larger in size and is more prominent (better known).

Most of the Sulaymani Ismailis can be found in Saudi Arabia, Yemen and India. The Sulaymani in Saudia Arabia and Yemen still maintain strong Ismaili tradition but not so much in India.

Wikipedia entry about Sulaymani Bohras http://en.wikipedia.org/wiki/Sulaymani