Dr. Ali Muhammad Al‑Sallabi

 

 

The Eminent Scholar Sheikh Abdul Karim Zaidan (may Allah have mercy on him) as I Knew Him in Yemen: The Journey of a Godly Scholar from Baghdad to Sana’a, and the Features of His Juristic, Usuli, and Da‘wah Project in Service of Islam and the Ummah

By: Dr. Ali Muhammad Al‑Sallabi

My acquaintance with Sheikh Abdul Karim Zaidan began through his books, which had already spread far and wide before I arrived in Yemen. Among them were The Rules Governing Dhimmis and Musta'mins in Islam—his doctoral dissertation at Cairo University— Principles of Da‘wah, Divine Laws in Nations and Communities, Lessons from Qur’anic Stories, and Principles of Islamic Jurisprudence.

When I settled in blessed Yemen, he was one of its most renowned scholars, highly respected by its scholars and students of knowledge. He supervised numerous master’s and doctoral theses, and taught at Sana’a University and Al‑Iman University. Among his most distinguished students was my brother, friend, and teacher Dr. Fadl Abdullah Murad, the jurist of Yemen, who studied with Sheikh Zaidan the Hanafi classic Bada’i al‑Sana’i by Al‑Kasani.

I visited him in his home, asked him many questions as a student would ask his teacher, benefited from his knowledge and understanding, and he provided me with a roadmap for writing about the era of the Rightly Guided Caliphs, highlighting its most important milestones.

Guidance he gave me regarding the eras of the Caliphs

During the era of Abu Bakr al‑Siddiq (may Allah be pleased with him): He told me: “Highlight what happened at the Saqifah of Banu Sa‘idah, how Abu Bakr was chosen, and focus on the wars of apostasy and the jurisprudence of the Siddiq. Add the issue of the apostates, and combine historical material with jurisprudential analysis, drawing lessons and linking them to our present reality.”

During the era of Umar ibn al‑Khattab (may Allah be pleased with him): He directed me to emphasize the institutions of the state: governance, finance, administration, judiciary, legal schools, the military register, and the divine laws governing the movement of nations and peoples.

During the era of Uthman ibn Affan (may Allah be pleased with him): He advised gathering the doubts raised against him and refuting them, examining the causes of his assassination, and studying how the Ummah dealt with that momentous event.

During the era of Ali ibn Abi Talib (may Allah be pleased with him): He stressed the importance of purifying the narrations related to the battles of the Camel and Siffin, extracting the jurisprudence of fighting rebels, and examining the stance of the Commander of the Faithful toward the Khawarij.

His scholarly character

I read his multi‑volume work The Detailed Jurisprudence of Women, for which he received the King Faisal Award in Islamic Jurisprudence. Although he was Hanafi, he studied all schools of law, weighed their opinions, and selected what he deemed strongest based on evidence. He followed the proof wherever it led. Alongside his jurisprudence, he was a da‘iyah whose works gained wide acceptance and entered the curricula of Islamic universities across the Muslim world.

When I visited and met him, he was seventy‑nine years old. He used a magnifying lens to read and write, and he possessed a spiritual presence and visible asceticism. He chose to live in Yemen out of love for its people and seeking blessing from the Prophet’s ﷺsayings about it. The Yemenis honored and respected him, recognizing his scholarly stature and eagerly seeking to learn from him.

His biography

Sheikh Abdul Karim Zaidan is one of the most prominent scholars of Islamic jurisprudence in the twentieth century, representing a transitional figure between traditional fiqh and modern academic jurisprudence. He was not merely a jurist explaining classical texts; he was a conscious scholar with a structured intellectual project aimed at reorganizing the Islamic sciences into a methodological framework capable of engaging with the modern state and its legal institutions.

His Name and Lineage

He is the eminent scholar, jurist, and usuli Dr. Abdul Karim Zaidan Bej Al‑‘Ani Al‑Kahli Al‑Muhammadi.

His Birth and Early Life

He was born in Baghdad, on the Karkh side, in the Sūq Hammada district of Iraq, in the year 1339 AH / 1921 CE. Some official documents, however, indicate that he was born in 1917 CE. Dr. Abdul Karim Zaidan was the youngest among his brothers and sisters.

He grew up an orphan; his father passed away when he was only three years old. He memorized the Qur’an in one of the traditional Qur’an schools and completed his primary education in Baghdad, where he attended its schools and later worked as a teacher at a young age. This early teaching experience gave him a formative pedagogical background that later shaped his method in writing and instruction.

His Pursuit of Knowledge

He learned the Qur’an at a young age, as previously mentioned, then completed his elementary, intermediate, and secondary education in the literary track at Al‑Karkh School. He worked as a teacher due to his family’s financial needs. Later, he enrolled in the College of Law, attending evening classes because he was still employed in primary education. He graduated from the College of Law in 1950, ranking among the top students throughout the four years of study.

He obtained his Bachelor’s degree in Law with good standing, then registered his doctoral dissertation at the College of Law, Cairo University. His dissertation was titled: “The Rules Governing Dhimmis and Musta'mins in the Abode of Islam.” Through this work, he earned his PhD in Islamic Law with first‑class honors.

Dr. Zaidan also undertook extensive private studies in Islamic jurisprudence and its major references, especially the works of Shaykh al‑Islam Ibn Taymiyyah, whose writings he was deeply passionate about—reading all of them—as well as the works of his student Ibn al‑Qayyim al‑Jawziyyah. He also engaged in scholarly discussions with other scholars on various jurisprudential issues, both before and after joining the Institute of Islamic Studies at Cairo University.

His Teachers and Intellectual Influences

He received knowledge through both academic and traditional pathways, benefiting from Iraqi and Egyptian scholars and professors such as:

• Shaykh Amjad Al‑Zahawi
• Shaykh Abdul Qadir Al‑Khateeb
• Shaykh Najmuddin Al‑Wa‘iz
• Shaykh Muhammad Mahmoud Al‑Sawwaf
• Shaykh Ali Al‑Khafif
• Shaykh Muhammad Abu Zahra
• Shaykh Hasan Ma’mun
• Shaykh Abdul Karim Al‑Sa‘iqah

Positions and Responsibilities

He moved from primary education to teaching in intermediate and secondary schools, and held several positions, including:

• Teacher of Islamic Studies at Al‑A‘dhamiyyah School, then at Al‑Karkh Secondary School
• In 1953, appointed Principal of Al‑Najeeba Secondary School
• Later served as Inspector at the Ministry of Awqaf
• Then Director of Awqaf in Diyala
• Then Director of the Religious Secondary School
• Appointed Instructor and Teaching Assistant at the College of Law, University of Baghdad, in 1960
• Professor of Islamic Law and Head of its Department at the College of Law, University of Baghdad
• Professor of Islamic Law and Head of the Department of Religion at the College of Arts, University of Baghdad
• Professor and Dean of the College of Islamic Studies in Baghdad
• Professor of Islamic Law in the Department of Islamic Studies (Master’s Program), University of Sana’a
• Professor of Islamic Law in the Department of Fiqh and Usul, Al‑Iman University, Sana’a
• Member of the Hail Saeed An’am Prize Committee for Science and Literature (1998)
• Member of the Board of Trustees, Al‑Iman University (since 1420 AH)
• Member of the Islamic Fiqh Council, Muslim World League, Makkah (since 2000)
• Appointed Minister of Awqaf in the government formed after the 1968 coup

Scientific Participation and Academic Contributions

Dr. Abdul Karim Zaidan had numerous scholarly engagements, including:

• Contribution to the Kuwaiti Encyclopedia of Islamic Jurisprudence
• Participation in the Third Conference on Law and Political Science, Baghdad (1969), under the Arab League, presenting a paper on Public International Law in Islamic Sharia
• Delivering lectures on Islamic Law in Kuwait during the 1960s
• Representing the University of Baghdad at the Fiqh Conference in Riyadh (1970s), presenting a paper titled: “Restrictions on Private Ownership in Islamic Sharia”
• Lecturing at the Islamic Fiqh Week in Qatar (1995–1996)
• Participation in the Conference on Moon‑Sighting and Astronomical Observatories, Sana’a (1996)
• Participation in the First Islamic Banking Conference, Sana’a (1997)
• Receiving the King Faisal International Prize for Islamic Studies (1997) for his monumental work: “The Detailed Jurisprudence of Women and the Muslim Household” (11 volumes)

His Political and Da‘wah Activity

Alongside his academic positions, Zaidan engaged in extensive da‘wah work that spanned many years. He delivered public lectures at Al‑Azbak Mosque in Baghdad, and in the late 1960s he founded the College of Islamic Studies in Baghdad.

He is considered one of the foremost theorists of Islamic jurisprudence in the modern era. He participated in numerous fiqh forums and conferences across various Arab and Islamic countries, contributed to the drafting of entries in the Kuwaiti Encyclopedia of Islamic Jurisprudence, and was a member of several fiqh councils, including the Islamic Fiqh Council of the Muslim World League. He also delivered diverse lessons through programs on Qur’an Radio in Saudi Arabia.

In the political sphere, the Shura Council of the Muslim Brotherhood in Iraq selected him as the General Supervisor of the movement in 1960. When the Ba‘ath Party came to power and restrictions were imposed on the Brotherhood, he issued a directive instructing members to shift from collective da‘wah work to individual da‘wah, in accordance with the new circumstances.

He remained in this position even after the movement was banned under Ba‘ath rule, until the 1990s, when the political situation in Iraq forced him to leave the country. He then moved to Yemen.

His Position on Participation in Iraqi Elections After the U.S. Occupation

The stance of Sheikh Abdul Karim Zaidan regarding participation in the parliamentary elections following the U.S. occupation of Iraq is one of the significant issues deserving independent study. It reveals the precision of his juristic methodology, the depth of his political foresight, and his ability to revise an earlier ruling when the underlying reality changes.

In a fatwa issued on 30 December 2004, shortly before the elections of the Iraqi National Assembly in January 2005, he permitted Iraqis to participate in the elections. He considered participation potentially rising to the level of obligation if it served public interests, defended people’s rights, alleviated some of the injustice inflicted upon them, and reduced harm as much as possible. His permission was not an unconditional endorsement of the political system established under occupation, nor a general ruling applicable to all elections under all circumstances. Rather, it was an exceptional ijtihad, based on weighing benefits and harms, and on the likelihood of achieving real benefit through participation.

He tied his ruling to several considerations and conditions, which can be summarized in three major principles:

1. Participation must lead to a recognized public interest for the Iraqi people.
2. It must enable representatives to push back some of the injustice and harm inflicted on citizens.
3. The benefits of participation must outweigh the harms resulting from it.

Thus, his fatwa was not an open-ended authorization for Islamic movements and parties to remain in the political process regardless of changing circumstances. It was a conditional concession, suspended upon the fulfillment of its criteria.

His Later Revision of the Fatwa (2006)

The importance of his stance becomes clearer in what was later reported from him in 2006, when he deemed continued participation impermissible, after realizing that the conditions and hopes upon which his earlier fatwa was based had not been fulfilled.

Experience showed that parliamentary presence did not prevent ongoing injustice, nor did it provide the necessary ability to protect people. It also failed to bring about genuine reform of the political process or reduce its harms in a way that justified the costs and concessions associated with participation. As a result, his assessment of benefit and harm changed, and so did the ruling built upon them.

This shift does not represent a contradiction, as some might assume. Rather, it reflects sound juristic discipline, since fatwas change with changing circumstances, realities, and outcomes. If permission was contingent upon certain conditions, and experience later revealed that these conditions were not met, then maintaining the original ruling despite the disappearance of its basis would itself require revision. Changing the fatwa in accordance with the change in its underlying cause is at the heart of wise and principled ijtihad.

Reaction of Islamic Movement Leaders

Unfortunately, some leaders of the Islamic movement in Iraq did not treat the second fatwa with the same level of commitment they showed toward the first. They found in the initial fatwa a religious cover for entering the political process, but some did not accept the Sheikh’s later revision. It appears that partisan calculations, preservation of political positions, fear of losing parliamentary representation, and belief in the possibility of reforming the system from within outweighed the requirements of juristic and political reassessment.

His Continued Concern for Iraq

Despite his exile and distance from his homeland, Sheikh Abdul Karim Zaidan remained closely attentive to developments in Iraq. He was present through his fatwas and statements during major turning points. His concern for Iraq was not a passing emotional reaction; it stemmed from a deep sense of religious and national responsibility toward the suffering of Iraqis under injustice and political turmoil.

On 31 December 2012, he issued a statement—bearing the weight of a formal fatwa—regarding the popular protests in several Iraqi provinces. He affirmed that the protesters’ demands were legitimate, recognized by Islamic law, as they confronted clear injustice and called for its removal. He considered supporting these protests and standing with their participants a religious duty, according to one’s ability.

He urged the protesters—whom he described as “people of truth”—to maintain unity, patience, steadfastness, and to avoid internal disputes that could weaken their movement or scatter their demands. He understood that internal divisions, multiple leaderships, and conflicting political agendas could drain the strength of the protests and divert them from their essential goals. Therefore, he emphasized unity as a key factor for success.

Consistency of His Methodology

This statement reveals that the Sheikh continued to play his scholarly and national role until the end of his life. His residence in Yemen did not isolate him from Iraq’s concerns, nor did his advanced age prevent him from declaring his stance against injustice.

His position on the 2012 protests aligns with his general methodology in political jurisprudence, which emphasizes removing injustice, protecting people’s rights, achieving public interests, and reducing harm as much as possible.

When placing this statement alongside his earlier positions on elections and political participation, the coherence of his methodology becomes clear—even though his rulings differed according to changing circumstances. He permitted participation in the 2005 elections when he believed it could protect people and reduce injustice. Later, he revised his stance when those conditions were not met. Years afterward, he supported popular protests when he saw them as a legitimate means to confront injustice and demand rights.

This demonstrates that the Sheikh was not bound to a single political method. He did not grant elections, political parties, or protests unconditional legitimacy. Rather, he evaluated each method based on its purpose, results, and consequences. Elections were not an end in themselves, nor were protests a standalone goal. Means derive their legitimacy from the extent to which they achieve recognized interests, remove injustice, and reduce harm.

Accordingly, the positions of Sheikh Abdul Karim Zaidan regarding Iraq’s developments represent a model of a jurist who connects legal rulings to reality, monitors the outcomes of ijtihad, and does not hesitate to revise his judgment when its underlying reasons change or its conditions disappear. They also reveal a noteworthy paradox: some leaders of the Islamic movement celebrated his fatwa permitting political participation, yet did not show the same commitment when he revised his judgment, nor did they sufficiently respond to his later call to support the protesters and maintain their unity.

His Written Works

Sheikh Abdul Karim Zaidan had an extensive record of authorship. His books were characterized by solid methodology, deep juristic grounding, and a clear ability to address contemporary issues through the lens of Islamic law. His writings spanned jurisprudence and its principles, Qur’anic studies, Hadith, da‘wah, politics, creed, legal theory, and law. He left behind around 30 books, 35 research papers, and dozens of articles and treatises. Among his most prominent works are:

• Al‑Wajīz fī Uṣūl al‑Fiqh (The Concise Manual of Principles of Jurisprudence): One of the most widely taught textbooks on usūl al‑fiqh in universities. It provides a structured introduction for students, simplifies modern usūl methodology, and connects it with legal theory.
• Al‑Madkhal li‑Dirāsat al‑Sharī‘ah al‑Islāmiyyah (Introduction to the Study of Islamic Law): Offers a comprehensive reading of the Sharia, expanding students’ understanding of the structure of the Islamic system and its approach to human and societal issues.
• Uṣūl al‑Da‘wah (Principles of Da‘wah): One of the earliest works to systematize da‘wah activity, linking it to Islamic methodology, reform philosophy, and the needs of contemporary societies.
• Ni ẓām al‑Qa ḍā’ fī al‑Sharī‘ah al‑Islāmiyyah (The Judicial System in Islamic Law): A comparative study between Sharia and modern law, addressing judicial institutions in the Islamic state, the role of judges, and the rights of individuals.
• Al‑Mufaṣṣal fī A ḥkām al‑Mar’ah wa‑al‑Bayt al‑Muslim (The Detailed Jurisprudence of Women and the Muslim Household): A monumental 11‑volume work, one of the deepest studies on family issues. It reflects his influence on students and scholars and earned him the King Faisal International Prize.
• Al‑Kafālah wa‑al‑ Ḥawālah fī al‑Fiqh al‑Muqāran (Suretyship and Transfer of Debt in Comparative Jurisprudence)
• Al‑Sharī‘ah al‑Islāmiyyah wa‑al‑Qānūn al‑Duwalī al‑‘Āmm (Islamic Law and Public International Law)
• Al‑Ikhtilāf fī al‑Sharī‘ah al‑Islāmiyyah (Disagreement in Islamic Law)
• Mawqif al‑Sharī‘ah al‑Islāmiyyah min al‑Riq (The Position of Islamic Law on Slavery)
• ‘Aqīdat al‑Qa ḍā’ wa‑al‑Qadar wa‑Atharuhā fī Sulūk al‑Fard (The Creed of Divine Decree and Its Impact on Individual Conduct)
• Al‑Fard wa‑al‑Dawlah fī al‑Sharī‘ah (The Individual and the State in Islamic Law)
• Al‑Shar ḥal‑‘Irāqī li‑al‑Uṣūl al‑‘Ishrīn (The Iraqi Commentary on the Twenty Principles)
• Al‑Luq ṭah wa‑A ḥkāmuhā fī al‑Sharī‘ah al‑Islāmiyyah (Lost Property and Its Rulings in Islamic Law)
• A ḥkām al‑Laqī ṭfī al‑Sharī‘ah al‑Islāmiyyah (Rulings on Foundlings in Islamic Law)
• Ḥālat al‑ Ḍarūrah fī al‑Sharī‘ah al‑Islāmiyyah (The State of Necessity in Islamic Law)
• Al‑‘Uqūbah fī al‑Sharī‘ah al‑Islāmiyyah (Punishment in Islamic Law)
• Ḥuqūq al‑Afrād fī Dār al‑Islām (Individual Rights in the Abode of Islam)
• A ḥkām al‑Dhimmiyyīn wa‑al‑Musta’minīn fī Dār al‑Islām (The Rules Governing Dhimmis and Musta'mins in the Abode of Islam)

General Features of His Writings

His works can be summarized by three defining qualities:

1. Methodological clarity
2. Educational tone and structured presentation
3. Integration of theoretical jurisprudence with contemporary application

His Scholarly Methodology and Influence on Islamic Thought

In his early youth, Dr. Abdul Karim Zaidan was associated with certain Sufi paths. However, after becoming acquainted in the 1940s with the works of Shaykh al‑Islam Ibn Taymiyyah, he began describing himself as “Salafi in creed, Hanbali in jurisprudence.” In the early 1950s, he joined the Muslim Brotherhood in Iraq, attracted by its intellectual principles, and he remained affiliated with the movement until the end of his life.

Zaidan remained a jurist, usuli scholar, legal theorist, political thinker, theologian, da‘iyah, and a devout servant of Islam—combining the immutable foundations of Sharia with the demands of the modern age. He was deeply rooted in classical sources while fully connected to contemporary realities. He looked with one eye at the texts of revelation and with the other at the evolving circumstances of the world. As a result, his jurisprudence and scholarly output were living, relevant, and enduring, benefiting jurists, legal scholars, usuli specialists, da‘wah workers, political thinkers, and professionals across various fields.

His writings were distinguished by:

• Scientific depth
• Strong juristic grounding
• Robust methodology
• Comprehensive treatment of issues
• Awareness of contemporary realities
• Harmonization between Sharia and modern contexts without violating foundational principles

His ijtihad was consistently aligned with real‑world conditions—unique, beneficial, and corrective—filling gaps, addressing deficiencies, and enriching the libraries of jurisprudence and usūl.

Dr. Zaidan was also an imam in da‘wah, dedicating his life, eyesight, physical strength, and energy to serving the Islamic call. He was among those who called to Allah with insight, and this is evident in his books such as:

• Principles of Da‘wah
• Lessons from Qur’anic Stories for Da‘wah and Da‘iyahs
• Divine Laws in Nations, Communities, and Individuals in Islamic Sharia

He worked to clarify the Qur’anic presentation of religions and their relevance to Islamic da‘wah. He also explained the pillars of da‘wah, its types, methods, means, sources, and obstacles, in addition to discussing the ethics of da‘iyahs.

In the field of Islamic education, he emphasized that ethics should not be confined to what people commonly understand—gentle speech, a pleasant demeanor, and humility. Rather, the sphere of ethics is vast, encompassing all forms of conduct shaped by Islamic values.