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Draft:Ali al-Khafif

From Wikivahdat
Ali al-Khafif
NameAli al-Khafif
Other NamesSheikh Ali al-Khafif
Personal Details
Birth Place
Brith Date1309 AH (1891 CE)
Death Place
Death Date6 Sha'ban 1398 AH (5 July 1978 CE)
ReligionIslam

Ali al-Khafif was an Egyptian jurist, legal scholar, and one of the pioneers of Islamic unity who played a very important role in codifying Islamic jurisprudence by innovating in expressing new topics such as insurance, and codifying the general principles of civil, criminal, and commercial laws. Professor of Islamic Law at Cairo University Faculty of Law, membership in the Supreme Council of Al-Azhar, membership in the Encyclopedia of Islamic Jurisprudence in the Supreme Council for Islamic Affairs in Cairo are among his credentials.


Biography

Sheikh Ali al-Khafif was born in 1309 AH (1891 CE), in the city of Al-Shuhada in Monufia Governorate, Egypt.


Education

After learning the basics of reading and writing the Holy Quran, he memorised it, then in 1321 AH (1903 CE), he enrolled at Al-Azhar University in Cairo and studied there for three years. In 1325 AH (1907 CE), he joined the Religious Institute in Alexandria and stayed there for only a few months before returning to Cairo. He enrolled in the Faculty of Sharia Law and graduated in 1334 AH (1916 CE), and due to his talent and genius, he was appointed as a professor there.


Career

Al-Khafif was transferred to the Sharia Courts as a judge in 1340 AH (1921 CE) and remained there until 1348 AH (1929 CE). Then he was appointed as the legal attorney for the Ministry of Endowments and later until 1358 AH (1939 CE) as the director of its mosques. In the same year, he was appointed as an Assistant Professor of Islamic Law at Cairo University Faculty of Law. In 1364 AH (1945 CE), he was promoted to the rank of Full Professor. After reaching retirement age, he was appointed to teach graduate students until his death. In 1953 CE, he was appointed as a professor at the Institute of Higher Arabic Studies, affiliated with the League of Arab States. He was also appointed as a member of the Academy of Islamic Research and in 1967 CE, as a member of the Supreme Council of Al-Azhar. He was also appointed as a member of the Encyclopedia of Islamic Jurisprudence in the Supreme Council for Islamic Affairs in Cairo and in 1969 CE, as a member of the Arabic Academy in Cairo.


Teachers

Sheikh Ali al-Khafif studied under prominent scholars and sheikhs such as Sheikh Ahmed Ibrahim Bey, Muhammad Atef Pasha Barakat, Sheikh Muhammad al-Khudari, Muhammad Abd al-Muttalib and others.


Scientific Impact

Sheikh Ali al-Khafif was not merely a Sharia judge or an ordinary professor of Islamic law. He was one of the prominent figures of Cairo University Faculty of Law throughout its history. He made sincere efforts to simplify Islamic legal rulings and organise their studies. He was a pioneer in extracting and concluding the opinions of prominent jurists from books and extensive commentaries, making them easily accessible and presenting them in a user-friendly manner. The studies and research that Sheikh Ali al-Khafif conducted during his presence at the Faculty of Law were distinguished by a strong focus on comparative studies, identifying similarities and differences between Islamic law and secular laws.


Innovation in Jurisprudential Topics

The result of al-Khafif's research work in Islamic jurisprudence laws was not repetitive or monotonous. Rather, his scientific work was diverse and addressed both established issues in Islamic jurisprudence and new topics, such as his research on "Insurance" in Islamic jurisprudence. He deemed it permissible in specific forms, such as cooperative insurance, where insurers share the burden of responsibility, and social insurance provided by the government to serve patients, the elderly, and retirees. He also engaged in comparative jurisprudence between different schools of thought, compiling diverse legal opinions, weighing them against each other, and determining the strength of some over others.


Codification of General Principles of Civil, Criminal, and Commercial Laws

In addition, he attempted to codify Islamic jurisprudence by formulating it into general principles and legal articles arranged in a manner similar to modern civil, criminal, and commercial laws. This facilitates the judge's ability to determine the legal ruling and classify the case before him. His lectures at the Higher Institute of Arabic Research and Studies titled Ownership in Islamic Law were among the most prominent aspects of his scientific production. The Sheikh's approach was characterised by its simplicity and ease for the people. This tendency was likely reinforced by his work in the judiciary, where he became familiar with the conditions, problems, and issues of the people. This experience shaped his thinking and prevented him from becoming immersed in theories or hypothetical scenarios. His solutions were practical and based on Islamic legal principles.


Call for the Renewal of Islamic Jurisprudence

Sheikh Ali al-Khafif's call for the renewal of Islamic jurisprudence found many listeners. His students at the Sharia Faculty, Faculty of Law, and Institute of Higher Arabic Studies were deeply influenced by his work. His students became professors and jurists, and their grandchildren and children became specialists in jurisprudence and law. All of them were indebted to him and respected him. Among them are Sheikh Mohammad Abu Zahra, Dr. Abdul Wahhab Azzam, Dr. Ibrahim Madkour, Khalid al-Jumaili al-Iraqi, Mohammad Beltagi and many others.

Death

Sheikh Ali al-Khafif passed away on 6 Sha'ban 1398 AH, corresponding to 12 July 1978 CE, at the age of 89, following a life dedicated to science and knowledge. Following Sheikh Ali al-Khafif's death, the Arabic Language Academy in Cairo held a memorial ceremony for him, during which Dr. Ibrahim Madkour, the President of the Academy, Dr. Ahmad al-Hafi, a member of the Academy, and Dr. Hamid al-Khafif, representing the family of Sheikh Ali al-Khafif, delivered speeches[1].


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