Istishhad with the Poems of Imru al-Qays in the Usul al-fiqh

Abstract

The majority of the scholars of usul al-fiqh have referred to Imru al-Qays' kalām in various topics of this science. The most frequently cited section of Imru al-Qays's poetry was the al-'alfāz, and the least frequently cited sections were the proofs and rulings. As for the section on ijtihad, Imru al-Qays's poem is almost never consulted in this section. This shows that the importance of Imru al-Qays's poetry is limited to the sciences of eloquence, rhetoric, and similar linguistic sciences. The Zāhirī scholar Ibn Hazm al-Andulusī (d. 456/1064), after stating that sharī'ah in the lexicon means 'the place where the source of water from a river is prepared for the rider and the drinker', made an istishād with Imru al-Qays' poem for this meaning. The Hanafī scholar Abū Bakr Shams al-A’imme Muhammad b. Abī Sahl al-Sarahsī (d. 483/1090) used Imru al-Qays' poem as an example for the ijāz and tawatur of the Qurʾān. Another Hanafī scholar, known as Mullā Fannārī (d. 834/1532), recorded something similar. Allāma Saʿd al-Dīn Masʿūd b. ʿUmar al-Taftāzānī (d. 792/1390) cited Imru al-Qays's poem as evidence for his view when discussing the issue of the definition of the Qurʾān. Taj al-Dīn al-Subkī (771/1370) brought Imru al-Qays's couplet as evidence in his explanation of the Prophet's (pbuh) beautiful attributes in the context of the explanation of the phrase 'his faults are not repeated'. In some works of jurisprudence, the name of Imru al-Qays is given as an example of its lexical meaning. It has been said that one of the meanings of qiyās is esteem. When something is respected, it is said, 'I compared something' (qistu-qaysen-qiyasen). This is the meaning of Qaysu'r-ra'y and Imruul-Qays, because their opinions were credited. One of the main topics on which Imru al-Qays' poetry was consulted was the issue of Sharia rulings. As in the case of Sharī'ah evidence, Imru al-Qays' poetry was rarely consulted in the case of Sharī'ah rulings. This shows that the role of Imru al-Qays is important in the Islamic sciences in general and in the usul al-fiqh in particular, in terms of wording. In other matters, recourse to his theology and istishhād is almost non-existent. In the field of proofs and rulings, istishhād with Imru al-Qays's poems is quite rare. Regarding ijtihad, it is almost non-existent. The istishhād on these basic issues are also related to the wording. This shows that Imru al-Qays' poetry is limited to the lexicon in the science of usul al-fiqh. In the chapter on al-'alfāz, the topics in which Imru al-Qays' poetry is mentioned are as follows: Nas, mujmal, mufasser, bayān, musterek, muteradif, hakika and majaz, muawwal, umūm and husūs. In addition, the meaning of some words, the meanings of the commandment, and issues that do not fall within the scope of a particular subject are also mentioned in the istishhād. One of the most frequently cited topics in the works of fiqh jurisprudence with Imru al-Qays's poems is the meaning of the commandment. In the works of usul al-fiqh, there is almost no work that does not mention wish as one of the meanings of the imperative. The scholars of usul al-fiqh, despite the differences in their methods and the structure of their works, have made istishhād with Imru al-Qays' poem. As a result, Imru al-Qays' poetry has undoubtedly been recognized as one of the most important sources of poetry on which the jurists relied in their lexical istishād. Thus, Imru al-Qays, al-malīq al-dalīl, is the leader of Arabic poetry.

Keywords

• jāhiliyya poetry
• imru al-qays
• istishhād
• jurisprudence