Aqdiyat al-Hasan al-Basri fi Kitab Akhbar al-Qudat li-Waki
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- Aqdiyat al-Hasan al-Basri fi Kitab Akhbar al-Qudat li-Waki
Aqdiyat al-Hasan al-Basri fi Kitab Akhbar al-Qudat li-Waki (The Judicial Rulings of al-Hasan al-Basri in Waki's Book Akhbar al-Qudat) is an academic study in comparative Islamic jurisprudence by Muna bint Raji ibn Abid al-Hujaili, completed in 1438 AH / 2017 CE, that analyzes the legal judgements of the early scholar al-Hasan al-Basri recorded in Akhbar al-Qudat by Waki alongside their modern applications in Saudi courts .
Background and Purpose
The work was prepared as a supplementary thesis for a master's degree in comparative jurisprudence in the Department of Islamic Studies at Taibah University, under the supervision of Iyad Fawzi Tawfiq Hamdan . The objective of the research is to collect, ground, and comparatively analyze the eleven judicial rulings of al-Hasan al-Basri recorded in Akhbar al-Qudat, highlighting their relevance to contemporary legal practice and their specific applications within the court system of Saudi Arabia .
Structure and Content
The book is organized into an introduction, two main chapters, and a conclusion :
- Introduction and Chapter One: Presents an overview of the topic followed by two foundational sections. The first section provides a biography of al-Hasan al-Basri, while the second section covers the biography of the Abbasid judge and historian Waki and introduces his book Akhbar al-Qudat, examining its scholarly standing and historical methodology .
- Chapter Two: Examines the eleven judicial rulings of al-Hasan al-Basri across five thematic sections:
- Commercial transactions (al-Buyu'): Covers two issues: imprisonment for unpaid debt (al-habs fi al-dayn) and entering into a silent partnership using an orphan's wealth (al-mudarabah fi mal al-yatim) .
- Family law (al-Usrah): Covers four issues: rulings concerning an impotent husband (al-'innin), the stipulation of specific housing in a marriage contract (shart al-dar fi 'aqd al-nikah), a wife claiming divorce while the husband denies it (da'wa al-zawjah al-talaq wa-inkar al-zawj), and child custody (al-hadanah) .
- Prescribed penalties (al-Hudud): Covers one issue concerning the coercion of a woman into unlawful intercourse (ikrah al-mar'ah 'ala al-zina) .
- Judicial administration (al-Qada'): Covers two issues: a judge's official letter of referral to another judge (kitab al-qadi) and accepting compensation for judicial duties (al-ajr 'ala al-qada') .
- Testimony (al-Shahadah): Covers two issues: the moral uprightness of witnesses ('adalat al-shahid) and witness testimony regarding the sighting of the crescent moon (al-shahadah 'ala ru'yat al-hilal) .
- Conclusion: Summarizes key findings and recommendations, highlighting that Akhbar al-Qudat is the oldest extant judicial encyclopedia transmitted to the present era, preserved in a unique manuscript in the Süleymaniye Library in Istanbul .
Method
For each of the eleven issues, the author carries out a comparative jurisprudential study grounded in classical sources . This theoretical analysis is followed by an examination of contemporary practical application in Saudi courts, detailing the relevant statutory or Sharia provisions where available and citing one or two actual court cases .
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