2023-04-25 21:42:38
Few of the teachers are those who are immortalized in the memory, and few of this few are those who leave an impact on the soul that does not go away and is not erased by the passage of time. Despite my long academic career (I am currently studying for a doctorate), I have three of these rare people in my life, one of whom is the late Dr. Abdul Hameed Al-Baali, God willing. Dr. Abdul Hameed used to enter the classroom before the students, sit on his chair, and fill his presence in the lecture hall with prestige and dignity, as if he was a sheikh in a corner or a judge on a podium, and it is not surprising that he was shaped by the personality of a judge, a profession he occupied for seventeen years before devoting himself to learning and teaching.
I studied fundamentals of jurisprudence at his hands and the introduction to Sharia, and he excelled – may God have mercy on him – in my knowledge of Sharia and law. Laws inspired by jurisprudence. With this message he lived and for which he devoted his life. He made a scientific and practical effort towards codifying the Sharia. On the scientific side, he wrote nearly 60 books and published more than 170 papers. On the practical side, he – may God have mercy on him – drafted the amendments to the Kuwaiti Civil Law, specifically its first amended article under Law No. 15 of 1996, which obligated the judge who does not find a text dealing with the subject of the dispute presented to He refers to “the provisions of Islamic jurisprudence that are most in agreement with the reality of the country and its interests.” In the field of Islamic banks, he drafted the Islamic Banking Law, which was issued under No. .
And he told me – one day – upset during my visit to him in his office that he had worked with his brothers in the Supreme Consultative Committee to work on completing the implementation of the provisions of Islamic law by drafting legislative amendments that dealt with all Kuwaiti laws in a way that brought them closer to the provisions of Islamic law. However, these laws remained locked up without being adopted by the government or Parliament. As students, he used to repeat to us – almost – in every meeting that Islamic law is a legal school independent of contemporary European schools, and that this was recognized by the Europeans themselves at the Hague Conference in the early thirties of the last century. He was proud of his contributions to the service of Sharia and always showed this fact as if he embroidered his elegant appearance – for which he was known – with medals and medals.
He once invited me to his house in Jabriya, and honored me with great honor, even though I am the age of his grandchildren. I was captivated by the sight of books filling the walls of the living room, and we were talking about the subject that took over his being and filled his thinking. Al-Baali obtained a doctorate from Al-Azhar, and he was intellectually inclined to his Azhar sheikhs, such as Sheikh Abu Zahra, and when he called on his household to bring him the books of the sheikh from his bedroom, and they were lost in them, and I realized at that time how scholars dive into the stomachs of books, and I knew that I was facing a scholar with solid knowledge, not just University Professor.
The work to codify Islamic jurisprudence is a battle that began since the infiltration of French blogs through the armies of Napoleon, and as a response, the Ottomans began the era of the Tanzimat and worked to codify jurisprudence in the form of the French template, by issuing the Journal of Judicial Rulings, which was drafted based on what was agreed upon in the Hanafi school of thought, which, by the way, was the ruling law in Kuwait Until the early eighties. When Egypt got rid of the magazine under pressure from colonialism, Dr. Al-Sanhouri drafted, commissioned by the government, the Egyptian Civil Code, which became a historical source for almost all Arab legislation. After these, a movement swept the Islamic world to codify jurisprudence and became active – recently – in the field of banking, so jurisprudence in law was mixed with economics as they had not been mixed before, so the banks – contemporary – do not dispense with the jurisprudence, but rather they cannot offer any service or tool except with the approval of the legal opinion . Dr. Al-Baali had great contributions in this regard, as he chaired Sharia committees for several banks and served as a member of some of them, and he was a pioneer in building the legislative framework for them, as we have presented.
Dr. Abd al-Rahman al-Kharraz told me that he communicated with the late, who felt that his death was approaching, and recommended that his students pray for him in Kuwait, because he knows for sure the deep impact he left on their souls. I am almost certain that the name of the late Dr. will remain immortalized in the field of Sharia and law, as no researcher in this field can write a solid research or coherent legislative work without going through Dr. Abdul Hameed’s writings and achievements in this field.
The man’s achievements in the field of codifying Sharia will become valuable raw materials if they are published to the public. Therefore, I hope that the Amiri Diwan or any party to which the archive of the Sharia Completion Committee has accessed will publish his works in loyalty to him, so that they may see the light in the future.
I will be proud as long as I live that I was close to Dr. Abd al-Hamid al-Baali, from whom I learned literature, science, and the behavior of scholars with the lofty message.
In it, Shawqi says:
And be a man if they come after him
They say bitter and this effect
Omar Salah Al-Abd Al-Jader
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