The early period Ismaili jurist Al-Qādî al-Nu'mān appears as an important figure in the formation of Ismaili jurisprudence. There is very little information about Kadı Nu'mân's family, childhood, education and intellectual environment. His full name is Abû Hanîfah Nu'man b. Muhammad b. Mansûr al-Qādî at-Tamîmî Al Qayrawānî. He was born around 290/903 (late 3rd (9th) century) into an educated family in Qayravan in North Africa. There are different opinions about the sect he belonged to when he was growing up. On (...) the other hand, it is difficult to say for certain whether Nu’mān received education in the Ismaili sect due to the understanding of taqiyya in the madhhab. However, it is understood from the basic jurisprudence texts Nu’mān wrote that he most likely did not receive a Sunni education. Historians refer to him as 'Qadi Nu’mān or Abu Hanifah al-Shi'i' in order not to confuse him with the imam of the Hanafi school. Qādî Nu’mān served at different levels of the Fatimid State. Around 313/925, he entered the service of the first Fatimid caliph, Mahdi (r. 909-934 CE/297-322 AH), as a copyist and secretary. During the reigns of the third caliph Mansur and the fourth Fatimid caliph Mu’izz (d. 365/975), Qādî Nu’mān first served as a judge in Tripoli and then in Mansouriya, the Fatimid capital. After the Fatimids conquered Egypt and the center of government was moved to Cairo, Qādî Nu’mān was appointed by the fourth caliph Mu’izz as the head of the appellate courts (maẓālim). Qadi Numans career was at the peak in the period of Caliph Muiz. Qādî Nu’mān worked as a judge in the Fatimid State for about twenty-six years and continued this duty until his death in 363 (973). After the fall of the Fatimid caliphate, there haven’t been any other Fatimid or Ismaili jurists. Qādî Nu’mān is considered by contemporary Ismaili writers as a figure who systematically transformed Ismaili fiqh into an independent sect of fiqh. It can be said that Ismaili fiqh was developed through his works in the Fatimid period. His works continued as the main references in the fiqh studies and after the Fatimid period. With the death of Qādî Nu’mān, the period of ijtihad in Ismaili fiqh and its the establishment phase of Ismaili fiqh came to an end; The sect, in which esoteric interpretations were at the forefront, emerged as a distinctive school of fiqh by discarding ambiguity. Qādî Nu’mān was a very productive writer. He wrote important works related to the field of furu al-fiqh and usûl al-fiqh. Among his works, Ikhtilāf uṣūl al-madhāhib is undoubtedly one of the most important works in the early history of fiqh methodology. The work in question, which was originally written with the aim of rejecting the Sunni fiqh method, discusses the approaches of the Sunni schools of fiqh on ikhtilāf, taqlid, ijma, nazar, qiyas, istihsan, ijtihad and ra’y in a polemical manner. It reveals the differences of the Ismaili method from the Sunni method in terms of the sources on which the fiqh is based, the authority to make ijtihad and the theory of interpretation of the texts. Qādî Nu’mān examined the relationship between reason and revelation in general and the role of religious authority in comprehending and interpreting the texts while criticizing Sunni methods. Ikhtilāf uṣūl al-madhāhib has the characteristics of the works of development period as a form. It is possible to observe the question-answer and dialectic form which can be seen in the works of the development period throughout the work in question. Qādî Nu’mān endeavoured to persuade his opponents with a dialectical and argumentative style. Again, he replied to the Sunnis, who were his interlocutors, with their own proofs. In addition to these, Ikhtilāf uṣūl al-madhāhib has a unique feature in the matter of content. Because it is not very familiar to any Sunni handbook of usûl al-fiqh. It does not mention the hâss, âmm, ijma, qiyas, amir, nahy, alfaz bets, etc. The text is very similar to the Ahbari movement of the Jafari sect for it rejects all forms of ijtihad. It was written at a time when fiqh was not yet stable. Ikhtilāf uṣūl al-madhāhib gives us crucial information about the development of different usûl and fiqh sources in the middle of the fourth century. However, what is interesting here is that the information he gives about Ismaili method and fiqh is very little compared to the one about Sunni method and fiqh. Much of it centered on Sunni thought and its rejection. However, his ultimate goal was to defend the Ismaili doctrine. (shrink)

Intense debates about who will lead the Muslims after the death of the Prophet Muḥammad (PBUH) occurred among the Aṣḥāb (companions of the Prophet Muhammad). A group of Aṣḥāb claimed that the caliphate was the right of Ḥaḍrat ʿAlī and his descendants. This movement, which emerged as political advocacy supporting Ḥaḍrat ʿAlī (d. 40/661) and his children, took on a sectarian identity called Shīʿa by time, was divided into groups, and then spread to different places in the Islamic World. One (...) of these groups is the Ismāʿīliyya which took its name from Ismāʿīl b. Ḏj̲aʿfar al-Ṣādiḳ (d. 138/755). Ismāʿīliyya had believed that the Umayyads and the ʿAbbāsids usurped the right of Ḥaḍrat ʿAlī and his descendants; therefore, they struggled against these dynasties secretly under the leadership of ʿUbayd Allāh al-Mahdī (d. 322/934) and by means of callers. After establishing their first state Fāṭimids in the North Africa with the Berbers, the Ismāʿīlīs carried out their activities openly and seized a region from Barqa to the Atlantic Ocean. The Fāṭimid State based on sectarianism aimed to follow the Shīʿa belief rather than controlling an area since its establishment. In this respect, the Fāṭimids, who differed from the ʿAbbāsid and Umayyad states, made great efforts to capture Egypt and Andalus by increasing their propagandas through callers (dāī) from the end of the third century. Because of this effort and successful policy of al-Muʿizz li-Din Allah the third, they conquered Egypt. The callers played a key role in the Egypt. As the Sunni-Maliki sect had taken root in Andalusia, Ismāʿīlīs could not achieve the same success, and a limited number of people embraced their doctrine. However, they managed to direct some famous intellectual and literary men to their side. Undoubtedly, one of the most important achievements was Ibn Hāniʾ al-Andalusi (d. 362/973). Ibn Hāniʾ, who had to leave Andalusia, as he was a Shiite, went to Maghrib and came under the patronage of the governors of Masila, which depended on Fāṭimid. His poems about governors spread his fame and made him known until al-Qayrawan, the capital of Fāṭimid. One of the methods used by many of the caliphs and amīrs (ruler) to consolidate their rule within the borders of the state and to spread their influence abroad since the Jahiliyya (pre-Islamic period) is that they included poets who praised themselves and the state policies, in other words, made their advertisements in the palace. Ibn Hāniʾ was one of the poets Caliph Muʿizz invited to his palace in al-Mansuriyya as soon as he heard of the poet’s fame. Ibn Hāniʾ came to the presence of Caliph in 350/962 and named as al-Mutanabbī of Maghreb as he became famous than poets such as Abu'l-Qasim al-Fazari and ʿAlī b. Muḥammad al-Iyadi. In time, Ibn Hāniʾ who became one of the sincerest friends of Muʿizz, used all his creative potential to defend the Caliph and deliver the views of Ismāʿīliyya in return for the value and generosity he received from the Caliph. Thus, the poet, who became the most powerful defender and propagandist of the Fāṭimids who pursued an expansionist policy in the East and the West, introduced an innovation to his style of praise contrary to his classical style. Accordingly, he gained great reputation thanks to his poems that praised the Fāṭimid Imāms, especially Muʿizz using expressions attributing him superhuman properties. Naturally, the successful politics followed by Muizz and the doctrine and terms of the Shiite-Ismāʿīliyya party, which the poet advocated, had a distinct reflection on his odes. Moreover, the issue of Ahl al-Bayt (the family of the Prophet Muḥammad) and injustices they suffered, affected the poet’s feelings deeply, and he did not hesitated to express these injustices in his poems without worrying about any danger. These odes reported to be the first written documents including information about the Fāṭimid creed and the traits, which Fāṭimid Imāms were supposed to have, are important resources for researchers. Fāṭimids believed that the imām was innocent, knew everything, and he would intercede his friends on Judgment Day. They even saw him as superhuman and attributed holiness and glory to him that would make him the spirit of God. Furthermore, they regarded that the imām was the reason of life. Similar themes were very common in Ibn Hāniʾ’s poetry. His poems went beyond the borders of the states in the North Africa, spread to a large region extending from Andalusia to Baghdad, and provided recognition of the doctrine of Ismāʿīliyya. This study consists of an introduction and two parts. The introduction part includes brief information about the history of the Shīʿa-Ismāʿīliyya and Ibn Hāniʾ’s life and poetry. The other parts discuss reflections of the Shīʿa-Ismāʿīliyya belief in the poet’s odes and analyses of these poems. Finally, poems having historical and political value related to Karbala, which has profound effects on Shiite literature, are analyzed. (shrink)