Partial translation with critical introduction, notes and selected commentaries on Ibn al-Rami`s Kitab al-I`lan bi-ahkam al-bunyan / by Mohd Dani Muhamad

Abstract

A number of studies on the Islamic city by western scholars since the beginning of colonialism often produced undesirable results. These works were considered harmful to the Islamic worldview, and are mainly responsible for the misconception about the history of the Islamic city. This study aims to expose these misconceptions. Two major factors stand out. Firstly, the biased western views towards the Islamic city, and secondly, the rampant negative perceptions regarding classical Islamic literature, including legal texts. In order to counter their arguments and to establish a proper Islamic concept of the city, this study suggests that classical Islamic legal texts be properly re-examined using an appropriate yardstick. The second aim of the study is to uncover the role of Sharic ah, especially fiqh, in coherently and consistently ‘producing’ archetypal and distinct ‘Islamic Cities’ throughout the Islamic world without substantial variation. For the purpose of this study, a great book of Islamic building regulations, namely Kitab al-Ic lan bi Ahkam al-Bunyan was selected to be the major source from which the Islamic concepts of building and property development have been developed. First, it was translated into English, and then the author selected several topics for a comparative study between the four Sunni schools of jurisprudence. The selected commentaries are basically a comparative study between these madhahib, looking at how each madhhab treated various building and c imarah problems faced by city dwellers. At the end the author concludes that the Islamic city, with its own building regulations based on the axiom la darar wa la dirar, is neither chaotic nor unorganized. It remains relevant to the modern built environment and further research to integrate the two look promising.