Praise be to Allaah.
The book known as Usool al-Shaashi is one of the well known
Hanafi books, whose author is Abu ‘Ali al-Shaashi: Ahmad ibn Muhammad ibn
Ishaaq Nizaam al-Deen, the Hanafi faqeeh (d. 344 AH).
He was one of the students of Abu’l-Hasan al-Karkhi, who
praised him and said: No one came to us who was more learned than Abu ‘Ali.
Al-Shaashi lived in Baghdad and studied there.
The book of al-Shaashi was published in Kanpoor in India, by
the Majeedi Press, in 1388 AH, and by Dar al-Kitaab al-‘Arabi in Beirut in
1402 AH with its commentary, ‘Umdat al-Hawaashi Sharh Usool al-Shaashi
by Muhammad Fayd al-Hasan al-Kankoohi. It was published by Dar al-Kutub
al-‘Ilmiyyah in Beirut in 1423 AH, edited by ‘Abd-Allaah Muhammad
al-Khaleeli. The book was also published by Dar al-Gharb al-Islami in 1422
AH, edited by Muhammad Akram al-Nadawi.
Commentaries on this book include the following:
A commentary by al-Mawla
Muhammad ibn al-Hasan al-Khawarazmi (d. 781 AH).
Husool al-Hawaashi ‘ala
Usool al-Shaashi by Muhammad Hasan, who was
known by the kunyah of Abu’l-Hasan ibn Muhammad al-Sanbahli al-Hindi.
Published in Nambshi Nawlakshoor 1302 AH.
by al-Mawla Muhammad Fayd al-Hasan al-Kankoohi, which was published with
Tas-heel Usool al-Shaashi
by Shaykh Muhammad Anwar al-Badakhshaani. This was published by Idaarat
al-Qur’aan wa’l-‘Uloom al-Islamiyyah in Karachi, first edition 1412 AH.
See the Introduction to Usool al-Shaashi by Shaykh
As for the meaning of the word hukmiyaat that is mentioned in
the book referred to and in other Hanafi books:
What it means is contracts, marriage, divorce and financial
transactions, which are things that begin with words. They are intangible
things in return for tangible things, in their view, and tangible things are
things that involve physical actions, such as beating and slaughtering.
There follow some comments from their books which explain
what is meant by this word:
‘Uthmaan ibn ‘Ali al-Zayla’i al-Hanafi (may Allaah have mercy
on him) said:
If one who is swearing an oath with regard to divorce and
marriage and other such hukmiyaat says ‘I intend not to speak of it or
initiate it,’ this may be accepted from him on the basis of honesty not on
the basis of what has happened, unlike if he were to say concerning
slaughtering a sheep or beating a slave: ‘I intend not to do it myself’; in
that case this may be accepted from him on the basis of honesty and on the
basis of what has happened.
Tabyeen al-Haqaa’iq Sharh Kanz al-Daqaa’iq
He also (may Allaah have mercy on him) said:
Moreover, these things require prevention with regard to
words and not deeds, because prevention has to do with hukmiyaat and not
with tangible matters. To execute one’s words comes under the heading of
hukmiyaat. Don’t you see that it may be accepted or rejected, but actions
are something tangible that cannot be prevented once they have taken place.
So prevention is not applicable to them.
Tabyeen al-Haqaa’iq Sharh Kanz al-Daqaa’iq (5/191).
Muhammad ibn Farmooza Mulla Khusr al-Hanafi (may Allaah have
mercy on him) said:
… the third has to do with tangible actions mentioned in
al-Bahr, even if he intends to carry it out by himself only. He will be
believed if he said that on the basis of honesty and on the basis of what
happened with regard to tangible matters such as beating and slaughtering.
This may be accepted from him only on the basis of honesty with regard to
hukmiyaat, such as marriage and divorce, as it says in al-Fath.
Durar al-Hukkaam Sharh Gharar al-Ahkaam
The book al-Bahr from which he quoted is one of the
Hanafi books, whose full title is al-Bahr al-Raa’iq Sharh Kanz
This explains the phrase used by al-Shaashi (may Allaah have
mercy on him), which is that he was referring to financial transactions
among the hukmiyaat, when he said:
The example of al-hukmiyaat when we say if there is nothing
specified with regard to currency, then it should be taken as what is mostly
used as the currency of the land they are in, because if there was some
confusion regarding the currency, then the transaction is invalid.
Here he gave an example of hukmiyaat on business
transactions, and that is clear, as quoted before. Therefore what is meant
by this word is verbal, intangible contracts.
And Allaah knows best.