Durar al-Hukkam fi Sharh Majallat al-Ahkam
- Author died
- 1353 AH
- Editions
- Dar al-Jeel
Durar al-Hukkam fi Sharh Majallat al-Ahkam (Pearls of the Judges in Explaining the Code of Judicial Rulings) is an extensive commentary by the late Ottoman jurist Ali Haydar (d. 1353 AH / 1935 CE) on the Majallat al-Ahkam al-Adliyyah, the Ottoman codification of civil transactions and judicial procedure grounded in the Hanafi school of Islamic law .
Scope and Content
The work provides a systematic legal commentary on the articles and introductory maxims of the Majallah . The text of the Majallah itself comprises sixteen books—beginning with the book of sales (Kitab al-Buyu') and concluding with the book of the judiciary (Kitab al-Qada')—preceded by an introduction containing the definition and divisions of jurisprudence alongside ninety-nine universal legal maxims (al-qawa'id al-kulliyyah) drawn from jurists such as Ibn Nujaym .
In his commentary, Ali Haydar explicates the meaning and significance of each legal maxim and codified article, setting forth their legal evidence, the underlying Hanafi legal doctrine, specific applied rulings (al-furu' al-fiqhiyyah), practical sub-cases (al-masa'il al-juz'iyyah), and recognized exceptions (al-mustathnayat) . The introduction to the work also contains historical documentation concerning the codification of the Majallah, including the official report presented by the drafting commission of the Ministry of Justice to the Ottoman Grand Vizier .
Translation and Publication
Originally composed in Ottoman Turkish, the commentary was translated into Arabic by the lawyer Fahmi al-Husayni . The Arabic translation has been printed in several multi-volume editions, commonly published in four volumes or two parts by various publishing houses in Beirut and Baghdad .
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