Footnotes (4)

45 Ibn 'Abd al Barr, op. cit., p.86.

46 Ibn 'Abd al Barr, op. cit.

47 See Fakhr al Razi, Manaqib al Shafi'i, p.26.

48 Imam al Haramayn, 'Abd al Malik Juwayni', Mughith al Khalq.

49 Al Zarkashi, Al Bahr al Muhit, MS.

50 Ibn 'Abd al Barr, op. cit., p.25.

51 There has been little dissention from agreement on this matter; apart, of course, from certain followers of the earlier schools of legal thought who produced but faint evidence to support their claims that scholars before al Imam al Shafi'i, like al Imam Abu Yusuf of the Hanafi school, wrote about this important branch of the Shari'ah sciences. (Ed.)

52 See 'Abd al Razzaq, op. cit., p.234.

53 In his introduction to the translation of the Risalah, Professor Majid Khadduri discusses the meaning of al Bayan, and refers to the definitions propounded by the classical jurists. Professor Khadduri writes:

"Some say that it merely means a declaration, embodying certain legal provisions: others argue that it not only declares them, but also makes them clear. Al Shafi'i, however; seems to emphasize the legal content of the provisions on the grounds that all Quranic communications are clear, 'although some are more sharply clarified than others' and only to those who are ignorant of the Arab tongue do some communications seem less clear than others."
Accordingly, the term al Bayan is translated by Professor Khadduri as "perspicuous declaration". See, Khadduri, Islamic Jurisprudence, The Johns Hopkins Press, p.32-33.

54 Ibn Qayyim, op. cit., I, 32.

55 An edition of a section of Jassas's summary of this hook was published in Pakistan by the Islamic Research Institute. The editor of that volume, however, mistakenly attributed the work directly to Abu Ja'far al Tahawi. (Ed)

56 see Ibn al Nadim, Al Fihrist, p 284.

57 Ibn al Nadim, op. cit., p 299.

58 See, 'Abd al Razzaq, op. cit.

59 See, al Qurrafi, Nafa'is, 1, 149