The Early History of Ismaili Jurisprudence: Law under the Fatimids edited and translated by Agostino Cilardo (review)

The Early History of Ismaili Jurisprudence is a critical edition and English translation by Agostino Cilardo of an Isma‘ili manuscript entitled Minhaj al-Fara’id. Minhaj al-Fara’id is by Abu Hanifah Muhammad al-Nu‘man (d. 363/974), known as al-Qadi al-Nu‘man. Apart from his momentous social, political, and cultural role in the Fatimid dynasty (297-567/909-1171), al-Qadi al-Nu‘man produced a number of informative works in different areas of Islamic studies, particularly jurisprudence. Al-Nu‘man cooperated with several Fatimid Imam-Caliphs; and his collaboration with the fourth Imam-Caliph, al-Mu‘izz (r. 341-365/953-975) led to one of his most notable works, Da‘a’im al-Islam. Al-Nu‘man is often seen as the founder of Isma‘ili juirpsrudence, and Ciliardo observes that ‘it is to be underlined that al-Nu‘man’s major merit was the construction of a juridical and legal system not just for Isma‘ili adherents but for the use of the Fatimid state’ (7) as well.

Agostino Cilardo’s treatment of the work reflects his awareness of and familiarity with the history of Islamic jurisprudence, particularly inheritance law, which he has published several studies on, such as Diritto ereditario islamico delle scuole giuridiche ismailita e imamita (about Isma‘ili and Twelver laws of inheritance, 1993), Diritto ereditario islamico delle scuole giuridiche sunnite (hanafita, malikita, shafi‘ita e hanbalita) e delle scuole giuridiche zaydita, zahirita e ibadita (about Hanafi, Maliki, Shafi‘i, Hanbali, Zaydi, Zahiri, and Ibadi laws of inheritance, 1994), and The Qur’anic Term Kalala (2005). Thus, it should come as no surprise that he gives extra attention here to al-Nu‘man’s approach towards the laws of inheritance and uses this issue as a significant part of his analytical framework. Additionally, Cilardo draws the readers’ attention to the originality of Isma‘ili jurisprudence and how it relates to other schools of law.

Additionally, he explores the question of al-Nu‘man’s religious-doctrinal orientation, questioning whether he was originally a Maliki, a Hanafi, or a Twelver scholar. Cilardo highlights the significance such an investigation, saying:

Discovering al-Nu‘man’s doctrinal orientation is important for understanding the theological underpinning that informed his work and his judgments and, far more importantly, the relationship between Sunnis and Shi‘is, and between Imamis and Isma‘ilis.

(19)

To that end, he explores a range of views about which school of thought (madhhab) that al-Nu‘man initially followed. For instance, he mentions that Poonawala (1974) agrees with Ibn Khallikan’s view that al-Qadi al-Nu‘man was initially a Maliki, and then became a Twelver; this is in line with Fyzee’s view that al-Nu‘man converted to Isma‘ili faith after embracing Twelver Shi‘ism. He also says that Lokhandwalla asserts that al-Nu‘man became familiar with Isma‘ilism at an early age, However, he cites Ibn Taghribirdi’s view that al-Nu‘man converted from Hanafism to Isma‘ilism.

Proceeding from the premise that Minhaj al-Fara’id is an Isma‘ili work written by al-Nu‘man, Cilardo discusses some questions partly already raised by previous scholars, such as whether the Minhaj’s contents are related to Sunnism or Shi‘ism (either Imami or Isma‘ili), who its real author is, and whether the contents of this text are in agreement with al-Nu‘man’s other works. Therefore, in Chapter 1, Cilardo addresses the relationship, differences and commonalities between the Minhaj and al-Nu‘man’s other works, such as the structure and contents of the chapter on inheritance in the Minhaj, Iqtisar, Yanbu‘, Athar, and Da‘a’im. In Chapter 2, Cilardo engages in a deep and precise comparative study...