The Exegesis of Kitāb

Da’āim ul Islām in the

Perspective of Other
Jurisprudential Schools of
Thought

Supervisor: Janab M Ali Asgher Bhai Saifuddin Bhai Lamuwala

Student: M Hassan Mustafa Godhrawala
Darajah: 8AM
TrNo: 3986

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Table of Contents
INTRODUCTION ......................................................Error! Bookmark not defined.
THE EXEGIS OF DAIM AL ISLAM IN PERSPECTIVE OF OTHER JURISPRUDENTIAL
GROUPS .............................................................................................................. 5
THE FORBEARANCE AND TOLERANCE IN ISLAMIC LAWS: ....Error! Bookmark not
defined.
CONCLUSION ..........................................................Error! Bookmark not defined.

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INTRODUCTION
Al Dai al Ajal Syedna al Qadi an Nomanra was a prominent figure from the
onset of the Fatimi empire, since the time of Imam al MahdiAS. He acquired
the position of the Chief Justice in later years and has played an important role
in the compilation of literature in Fatimi faith. His works in history and
jurisprudence from the Fatimi point of view were the foundation of its time,
as that era was the start of the empire and its history, literature and
jurisprudence had not been compiled appropriately. The works of Syedna al
Qadi an NomanRA are also important as they are mostly directed and
supervised by the Imam himself, who is the living embodiment of all aspects
of the faith.
Among the most prominent and known works of Syedna al Qadi an NomanRA
preceding the Daim al Islam are Kitab al Idah (‫)كتاب االيضاح‬, al Akhbar fil fiqh
(‫)االخبار في الفقه‬, al Muntakhaba fil fiqh (‫ )المنتخبة في الفقه‬and al Iqtisar( ‫كتاب‬
‫)االقتصار‬.All of these were authored by him for specific purposes and under the
Fatimi Imams’ guidance. These books were specifically tailored for the
followers of the Fatimi faith.1
In the Fatimi empire, numerous sects of Muslims and even Non-Muslims lived
in a state of inter-faith harmony, and as Islam governs all that happens in one’s
life, everything had to be done according to Islamic law, i.e. al Shariat al
Gharra, but because of the various schools of thought present in Islamic
jurisprudence, a concrete code of conduct needed to be established in the
empire to unite the governance of its residents. Daim al Islam played a vital
role in achieving this goal. As discussed earlier, Syedna’s aim in authoring this
book was to overcome the conflict between different schools of thought and
develop a unified judiciary system governed by Fatimi jurisprudence2.

1
Hawamish Daim al Islam volume 1, Aljamea tus Saifiyah publications, Mumbai, 1436H
2
Syedna al Qadi an Noman RA, Daim al Islam, volume 1, Aljamea tus Saifiyah publications, Mumbai, 1436H

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Therefore, Daim al Islam is essential for the followers of the Fatimi Faith as a
source of Fatimi jurisprudence, even today. At the time of its release, efforts
were made by Aimmat Tahereenas to promote it, in Imam Moiz’sAS era, it was
recited before the general public after the Friday sermons, which were the
greatest gathering of Muslims on a weekly basis in any Muslim empire. Imam
MoizSA also used to inquire about the ones studying it and encouraged the
scribing of its manuscripts.3 Imam AzizSA had offered a monetary prize for
anyone who would memorize the entire book, such was its importance4. Thus,
the promotion of Daim al Islam as the foundation of Fatimi faith and
jurisprudence continued throughout the Fatimi era and even after the
seclusion of ImamAS. When Abu Kalijaar, the sultan of Persia excepted the
Fatimi faith on the hand of Syedna al Moayyad al ShiraziRA during the reign of
Imam MustansirAS, his introduction to the Fatimi faith was initiated by studying
the lessons of a chapter from Daim al Islam after the recitation of some
Quranic verses5. This implies that the Daim al Islam was the core book in the
Fatimi faith. After the seclusion of Imam, the Fatimi faith was carried on by
Imams (missionaries) duat in Yemen. Syedna Mohammed bin TahirRA, a
prominent figure in the time after Imam seclusion, describes that the Daim al
Islam should be recited several times during the initiation of an individual in
the folds of the Islamic faith; becomes a mustajib (one who answers the call)
and pledges his allegiance to the ImamAS.6 Similarly, for solving disputes and
issuing judgements according to the Fatimi faith, Hudaat KiraamAS have always

3
Syedna al Qadi an Noman RA, Al Majalis Wal Musairaat, Aljamea tus Saifiyah publications, Mumbai, 1435H, pg
322.
4
Hawamish Daim al Islam volume 1, Aljamea tus Saifiyah publications, Mumbai, 1436H
5
Mohammad Kaamil Husain, Diwan Al Moayyad Fiddin Daid Duat, Darul Katib Almisri, Alqahira, 1949, pg 27.
6
Syedna Mohammad Bin Tahir, Majmu ul Tarbiyah, Risalatul Tarbiyah, manuscript of Makhzan Kutub al Dawah,
Aljamea tus Saifiyah Karachi, pg

4
implied that it should be issued according to what has been stated in Daim al
Islam. The saying:
“‫”العمدة على الدعائم‬7
“Dependence (in any law) is upon Daim”
is famous amongst the educated community of the Fatimi faith today. Thus,
Kitab al Daim al Islam was the primary source of legislature for the Fatimi
empire and judgement on any matter was given according to the laws
specified in it by the judges appointed by the state. Efforts to make it known
to public further emphasizes their acquaintance with it and its laws. As a result,
Daim al Islam played an important role in the establishment of the legislation
of the Fatimi empire.

THE EXEGESIS OF DAIM AL ISLAM IN PERSPECTIVE OF

OTHER JURISPRUDENTIAL GROUPS
At the time of the writing of Daim al Islam, the main influential jurisprudential
groups existing in the empire were AlHanafi, Almaliki, Alshafei, AlHunbali and
the Twelvers. Thus, the exegesis of Quran in Daim al Islam highlights the fatimi
viewpoint in contrast with all these groups. Examples of such exegeses are
scattered across the book in different chapters, but this paper will only analyze
the incidents highlighted by the author himself in this regard in the second
volume of this book.
1: 8"‫"فما استمتعتم به منهن فاْتوهن اجورهن فريضة‬

7
Al Dai Al Ajal Syedna Aali Qadr Mufaddal Saifuddin, Iqtibasaat Nooraniyah, Seventh Waaz, 1434H
8
Quran Majeed 04/24

5
“Since you have thereby sought enjoyment with them, give them their
marriage portions as it is stipulated”9
This ayat forms the basis for the Twelver sect of muslims for the marriage of
Mut’at.10 In Daim al Islam Syedna al Qadi al NomanRA has elaborated that
Imam Jafar ul Sadiq when questioned if the marriage of Mut’at is permissible
in Islam or not, refused and prohibited it. He then explained that intercourse
is only allowed in Islam by either marriage or with a slave, proving his point
from the Quran.11
2: 12"‫"إن ترك خريا الوصية للوالدين واالقربني باملعروف‬

“He should draw up a will in a proper manner for both his parents and near
relatives if he leaves any property behind.”13
Daim al Islam discusses with reference to Sadiq ImamSA that the ‘near
relatives’ referred to in this Ayat Kareema are those that would not have any
claim in the inheritance of the deceased.14
Whereas interpreters of qur’anic verses either claim that this ayat has been
refuted by another ayat or leave it as it is in which the law of inheritance is
defied.15

9
T.B Irving, A Translation of the Meaning of the Noble Quran, Sohail Academy, Lahore, 2002, pg 83.
10
Sheikh Abu Ali Alfazl Bin Alhasan Attabrasi, Majmaul Bayan Fi Tafsir il Quran, volume 2, Daro Ehyaail Tiraas
Alarabi, Beirut, 1417H, pg 30.
11
Syedna al Qadi an Noman RA, Daim al Islam, volume 2, Second edition, darul adwa, Beirut, 1411H, pg 229.
12
Quran Majeed 02/180
13
T.B Irving, A Translation of the Meaning of the Noble Quran, Sohail Academy, Lahore, 2002, pg 28.
14
Syedna al Qadi an Noman RA, Daim al Islam, volume 2, Second edition, darul adwa, Beirut, 1411H, pg 358
15
Abi Jaafar Mohammad Bin Jarir Altabari, Jaamiul Bayan an Tawil il Quran, volume 2, third edition, Shirkat
Maktabat wa Matba’t Mahdulatul Babil Halbi, 1388H, pg 115.

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3: 16"‫"الزانية والزاين فاجلدوا كل واحد منهما مائة جلدة‬

“Flog both the adulterous woman and the adulterous man with a hundred
lashes.”17
This Ayat Kareemah incorporates the law for one who has committed an act
of adultery, the exegeses also add a year of exile in this punishment according
to Fatimi jurisprudence, be it man or woman18. Other jurisprudence groups
do not agree in this context and each one differentiates in its own manner.
Abu Hanifa refutes exile as part of the punishment, whereas Maliki
jurisprudence decrees exile for men excluding women, and the other two
groups agree with the exile of both.19

4: 20"‫"فكفارهت اطعام عشرة مساكني من اوسط ما تطعمون اهليكم او كسوهتم او حترير رقبة فمن مل جيد فصيام ثالثة ايام‬

“Exoneration for it means feeding ten paupers with the average of what you
would feed your own families, or clothing them, or freeing a captive, whoever
does not find the wherewithal to do so should fast for three days.” 21
Different interpreters have given various conflicting versions of what is meant
by “feeding ten paupers with the average of what you would feed your”,
“clothing” and how must “fasting for three days” be carried out in this Ayat
kareemah.

16
Quran Majeed 24/02
17
T.B Irving, A Translation of the Meaning of the Noble Quran, Sohail Academy, Lahore, 2002, pg 351.
18
Syedna al Qadi an Noman RA, Daim al Islam, volume 2, Second edition, darul adwa, Beirut, 1411H, pg 447.
19
Mohammad bin Abdul Rahman Alshafei, Rehmatul Ummah fi Ikhtilaafil Aimmat, Darul Kutubil Ilmiyah, Beirut,
1407H, pg 284.
20
Quran Majeed 05/89
21
T.B Irving, A Translation of the Meaning of the Noble Quran, Sohail Academy, Lahore, 2002, pg 123.

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Interpreters have given the following meanings for the measure of the amount
of food that should be given when “feeding ten paupers”
Abu Hanifah states: “half a sa’ of wheat or one sa’ of anything besides that”22
Shafi’i states: “One mudd23 for every pauper”24
Tafseer Jalalain comments: “One mudd for every pauper, (of moderate
quantity, not too great nor too less)”25
Imam Jaffar ul SadiqAS states according to Saafi: “the word “moderate” (or
“average” as given in the translation) means vinegar and olive oil. Also that
sadaqah is one mudd of wheat.26
Tabari states different accounts,
i) “The individual may give whatever he or she deems as ‘moderate’,”
ii) “every pauper should receive two mudds of bread, dates, olive oil and
ghee”27
Syedna al Qadi an NomanRA states: “Vinegar, olive oil and bread,” also that
“one mudd of food must be distributed to every pauper.28

22
Abil Qasim Mahmud Bin Umar Aljamakhshari, Alkasshaaaf An Haqaiqil Tanzil Wa Uyun el Aqaawil Fi Wujuhil
Tawil, volume 1, First Edition, Daro Ehyaail Tiraas Alarabi, Beirut, 1417H
23
“Mudd is a term used to describe a measure of corn. It is the quantity of corn that fills two hands of a man of
moderate size when he extends his arms and hands”, The Pillars Of Islam, translated by Asaf A A Fyzee, Oxford
University Press, New Delhi, 2004, pg 82.
24
Ibid.
25
Jalauddin al Mohalli and Jaluddin al Suyuti, Tafsirul Jalalain, Darul Taqwa
26
Mohsin al Faiz Alkashani, Tafsir al Saafi, volume 2, Second Edition, Manshurat Moassisatul Aala Lilmatbuaat,
Beirut, 1402H
27
Abi Jaafar Mohammad Bin Jarir Altabari, Jaamiul Bayan an Tawil il Quran, volume 5, third edition, Shirkat
Maktabat wa Matba’t Mahdulatul Babil Halbi, 1388H
28
Syedna al Qadi an Noman RA, Daim al Islam, volume 2, Second edition, darul adwa, Beirut, 1411H, pg 102.

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“Clothing”, in the same way, has been elucidated by exegetists in different
ways:
Tabari states: “one cloth”29
Zamakhshari mentions three explanations:
i) Ibn Abbas: “a shawl will suffice”
ii) Ibn Umr: “a lungi or a shirt or a cloak or a shawl”
iii) Hasan ul Basari: “two white cloths”30
Tafseer ul Jalalain mentions: “a shirt and a turban and a lungi31
Imam Jaffer ul Sadiq states according to Safi: “two cloths”32
Syedna al Qadi an NomanRA states: “two cloths for every individual”.
“Fasting for three days” has been elucidated in the following interpretations:
Zamakhshari: “Abu Hanifa says that the individual must fast for three days
consecutively”33
Jalalain: “Al Shafi’i states that fasting consecutively for those three days is not
obligatory”34

29
Abi Jaafar Mohammad Bin Jarir Altabari, Jaamiul Bayan an Tawil il Quran, volume 5, third edition, Shirkat
Maktabat wa Matba’t Mahdulatul Babil Halbi, 1388H
30
Abil Qasim Mahmud Bin Umar Aljamakhshari, Alkasshaaaf An Haqaiqil Tanzil Wa Uyun el Aqaawil Fi Wujuhil
Tawil, volume 1, First Edition, Daro Ehyaail Tiraas Alarabi, Beirut, 1417H
31
Jalauddin al Mohalli and Jaluddin al Suyuti, Tafsirul Jalalain, Darul Taqwa
32
Mohsin al Faiz Alkashani, Tafsir al Saafi, volume 2, Second Edition, Manshurat Moassisatul Aala Lilmatbuaat,
Beirut, 1402H
33
Abil Qasim Mahmud Bin Umar Aljamakhshari, Alkasshaaaf An Haqaiqil Tanzil Wa Uyun el Aqaawil Fi Wujuhil
Tawil, volume 1, First Edition, Daro Ehyaail Tiraas Alarabi, Beirut, 1417H
34
Jalauddin al Mohalli and Jaluddin al Suyuti, Tafsirul Jalalain, Darul Taqwa

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Al Saafi: “Imam Sadiq states that they must be observed consecutively”35
Syedna al Qadi an NomanRA states: “they must be observed consecutively”36

THE FORBEARANCE AND TOLERANCE IN ISLAMIC LAWS:

Allah Ta’ala states in al Quran al Majeed:
37
ْ‫ك ضِغْثًا فَٱضْرِب ِّبهِ وَالَ تَحْنَث‬
َ ِ‫وَخُذْ بِيَد‬

“And take a bundle (of twigs) in your hand and beat (your wife) with it”38
This aayat karimah portrays how Ayyub Nabi SA fulfilled his oath, in which he is
ordered to whip his wife with a bunch of twigs or some blades of grass instead
of the hundred lashes that he had vowed to smite her on an occasion when
she was late in coming to him.39 In its main context, it does not connote to any
lawmaking statement, but it was used by RasulullahSAW to lighten his
punishment of adultery40, which in Islam is to smite someone a hundred
lashes. The occurrence of this incident in Daim al Islam proves that islam
accepts acts of leniency and is not a religion of severe punishments. This aayat
is not discussed in the quranic interpretations in this context and is a specialty
of Daim al Islam.

35
Mohsin al Faiz Alkashani, Tafsir al Saafi, volume 2, Second Edition, Manshurat Moassisatul Aala Lilmatbuaat,
Beirut, 1402H
36
Syedna al Qadi an Noman RA, Daim al Islam, volume 2, Second edition, darul adwa, Beirut, 1411H, pg 102.
37
Quran Majeed, 38/44
38
T.B Irving, A Translation of the Meaning of the Noble Quran, Sohail Academy, Lahore, 2002, pg457.
39
Jalauddin al Mohalli and Jaluddin al Suyuti, Tafsirul Jalalain, Darul Taqwa, pg 456.
40
Syedna al Qadi an Noman RA, Daim al Islam, volume 2, Second edition, darul adwa, Beirut, 1411H, pg 452.

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CONCLUSION
Because different schools of thought amongst the Muslims existed in harmony
in the Fatimi empire, a single code of law i.e. Fatimi jurisprudence had to be
established in the empire so that a distinct set of decrees could be issued in a
state that was spread over a large area of land, and consisted of different
ethnicities. Bringing everyone under one law was the ideal way to establish
justice in the empire.
Daim al Islam, discussing aspects of both worship and the functioning of
the society and the empire at large, played an important role in it. In addition
to resolving the conflicting views in various statutes of Islamic jurisprudence,
and providing a clear path in it, Daim al Islam guided the judicial system of the
empire to function according to the faith. This paper only discusses the book’s
role in judicial system with respect to the exegesis of those Quranic verses that
provide jurisprudential guidance. Similar would be the case with other laws by
the AimmatSA quoted by the book and could be discussed in another paper.

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BIBLIOGRAPHY
Al Quran la Majeed
Syedna al Qadi an Noman RA, Daim al Islam, volume 1, Aljamea tus Saifiyah
publications, Mumbai, 1436H
Syedna al Qadi an Noman RA, Daim al Islam, volume 2, Second edition, darul
adwa, Beirut, 1411H
Syedna al Qadi an Noman RA, Al Majalis Wal Musairaat, Aljamea tus Saifiyah
publications, Mumbai, 1435H

Hawamish Daim al Islam volume 1, Aljamea tus Saifiyah publications,

Mumbai, 1436H
Syedna Mohammad Bin Tahir, Majmu ul Tarbiyah, Risalatul Tarbiyah,
manuscript of Makhzan Kutub al Dawah, Aljamea tus Saifiyah Karachi
Al Dai Al Ajal Syedna Aali Qadr Mufaddal Saifuddin, Iqtibasaat Nooraniyah,
Seventh Waaz, 1434H
Mohammad Kaamil Husain, Diwan Al Moayyad Fiddin Daid Duat, Darul Katib
Almisri, Alqahira, 1949 AD,
Mohammad bin Abdul Rahman Alshafei, Rehmatul Ummah fi Ikhtilaafil
Aimmat, Darul Kutubil Ilmiyah, Beirut, 1407H
T.B Irving, A Translation of the Meaning of the Noble Quran, Sohail Academy,
Lahore, 2002.
The Pillars Of Islam, translated by Asaf A A Fyzee, Oxford University Press,
New Delhi, 2004

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Abi Jaafar Mohammad Bin Jarir Altabari, Jaamiul Bayan an Tawil il Quran,
volume 5, third edition, Shirkat Maktabat wa Matba’t Mahdulatul Babil Halbi,
1388H
Abi Jaafar Mohammad Bin Jarir Altabari, Jaamiul Bayan an Tawil il Quran,
volume 3, third edition, Shirkat Maktabat wa Matba’t Mahdulatul Babil Halbi,
1388H
Abil Qasim Mahmud Bin Umar Aljamakhshari, Alkasshaaaf An Haqaiqil Tanzil
Wa Uyun el Aqaawil Fi Wujuhil Tawil, volume 1, First Edition, Daro Ehyaail
Tiraas Alarabi, Beirut, 1417H
Jalauddin al Mohalli and Jaluddin al Suyuti, Tafsirul Jalalain, Darul Taqwa
Mohsin al Faiz Alkashani, Tafsir al Saafi, volume 2, Second Edition, Manshurat
Moassisatul Aala Lilmatbuaat, Beirut, 1402H
Sheikh Abu Ali Alfazl Bin Alhasan Attabrasi, Majmaul Bayan Fi Tafsir il Quran,
volume 2, Daro Ehyaail Tiraas Alarabi, Beirut, 1417H

13