Category: Fiqh English Books

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Al Waraqat – A Classical Manual Of Usul Al-Fiqh

Author: Imam Al-Haramayn Al-Juwayni

Compilation, Research and Commentary by: Muhammad Nabeel Musharraf

About Imam Al Juwayni :

Al-Juwayni was born on 22 February 1028 in a village on the outskirts of Naysabur called Bushtaniqan in Iran. Al-Juwayni was a prominent Muslim scholar known for his gifted intellect in Islamic legal matters. Al-Juwayni was born into a family of legal study. His father Abu Muhammad ‘Abdallah b. Yusef al-Juwayni, was a well-known master of Law in the Shafi′i community as well as a Shafi’i teacher and his older brother, Abu’l-Hasan ‘Ali al-Juwayni, was a Sufi teacher of Hadith.

Al-Juwayni grew up in Naysabur, an intellectually thriving area drawing scholars to it. Naturally, Al-Juwayni did not have to search far for his education. At the time, the teachings of the Shafi’i school were closely linked to the Ash’arite theology which al-Juwayni decided to study for several years after the death of his father, though he would later regret the time he invested in studying and debating the school’s principles while on his deathbed. He took over for his father at this point and began his teaching career at only 19 years of age.

Al-Juwayni travelled to Mecca and Medina in search of an interim home. He taught and studied there in Hijaz for four years. During this time, al-Juwayni became hugely popularised because of his father’s prominence in the scholarly world, and his exile. He gained a large following and was invited back to Nishapur by the founder of the Shafii Madrasa, Khwaja Nizam al-Mulk. Upon his return, Juwayni was appointed to teach the doctrine of the Ash’arites at the Nizamiyya Madrasa until he died in 1085CE (which would turn out to be about 26 years). Al-Juwayni spent his life studying and producing influential treatises in Muslim government; it is suspected that most of his works  came out of this period after his return from Mecca and Medina.

He is the main figure among the fifth generation of al-Ash’ari’s students. Al-Bakhirzi compared him to al-Shafi’i and al-Muzani in fiqh, al-Asma’i in manners, al-Hasan al-Basri in preaching eloquence, and al-Ash’ari in kalâm.

Al-Juwayni was the teacher of one of the most influential scholars in the Islamic tradition al-Ghazali (May Allaah have mercy upon all of them).

Al-Juwayni’s works:

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• In Fiqh: Ghiyath al-Umam, Mughith al-Khalq, Nihaya al-Matlab fi Diraya al-Madhhab (“The End of the Quest in the Knowledge of the [Shafi’i] School”), his magnum opus, which Ibn ‘Asakir said had no precedent in Islam, and Mukhtasar al-Nihaya.
• In Usul: al-Burhan, al-Talkhis, and al-Waraqat.
• In Kalam: al-Shamil, al-Irshad, and al-Nizamiyya.

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An Introduction to Zaad al-Mustaqni’

A translation of Zaad Al-Mustaqni`(Summary of Fiqh from the Muqni’ of Imam Al Muwaffaq Ibn Qudama) with one predominant opinion, with additional notes taken from Al-Raud Al-Murbi` and other sources.

About the Book:

This is a summary of fiqh from the Muqni‘ of Imam al-Muwaffaq, Abu Muhammad (`Abd Allah bin Ahmad bin Muhammad bin Qudama al-Maqdasi; May Allah immerse him in His mercy and give back to us from his blessings) following one opinion: the most superior in the madhab of Ahmad (bin Hanbal al-Shaybani). The Author has removed issues (masa‘il) that rarely occur and has added what is relied upon, since aspirations have lowered and reasons which preoccupy from reaching the goal are numerous. In spite of its small size, what it does include frees need of lengthiness.

Translator’s Introduction:

The great Hanbali scholar Imam Muwaffiq Al-Din Ibn Qudammah Al-Maqdisi developed a program taking students from the very beginning of their studies to the very end: from having no specialized knowledge in the fiqh to being a mujtahid. His program consisted of a series of books, moving the student toward the grand goal in stages.

The first book is Al-`Umdah, a basic manual of fiqh for beginners. It covers the basic rulings that every Hanbali needs. The book gave only the predominant opinion for each position. While Al-Muwaffiq did not concentrate on evidence, he did tend to begin each section with a hadith that the student can use for figuring out many of the unmentioned branch issues.

The second book is Al-Muqni`, which added to the above by mentioning different opinions for a given issue without telling the student which is the predominant opinion, and by adding some additional branch issues.

The third book is Al-Kafi, which introduces evidence for the positions in the madhab.

The fourth book is Raudhat Al-Nathir, a book in usul al-fiqh. It is a condensed version of Imam Al-Ghazali‘s Al-Mustasfa, but instead of championing the Shafi`i usul it champions the Hanbali.

The fifth and final book is Al-Mughni, which builds on the previous works by adding opinions from the other madhabs from the Companions and early Imams (Allah be well pleased with them) whether still followed or extinct, the opinions within the madhab with a particular emphasis on what is transmitted from the Imam, the evidence for all of these various positions, and then a defense of the predominant position in Ibn Qudammah‘s opinion. The book is also full of minute branch issues.

So, this was the program that Al-Muwaffiq set down, and these are some of the many books he authored. In today‘s circumstances it is very easy to scoff at his a program and consider it far fetched, but it did indeed produce a good number of Hanbali mujtahids, and his final book Al-Mughni has been praised by Hanbalis and non-Hanbalis alike; it an Imam Al-Nawawi‘s Al-Majmu`a are two of the more essential books of fiqh muqarin. The Shafi`i mujtahid imam Al-`Izz bin `Abd Al-Salam held back from giving verdicts until obtaining a copy of Al-Mughni.

The madhab did not end with Ibn Qudammah, and some opinions on rulings have changed. One of the later scholars, `Ali Al-Hijawi, took Ibn Qudammah‘s Al-Muqni` and reduced it to the predominant position in the madhab, removed extraneous issues, and added some things that were necessary. His book is known as Zad Al-Mustaqni`; it was greatly accepted, and some scholars said that whoever has memorized Al-Zaad is fit to be a judge. While the book is indeed short, it gives the basics for the Hanbali madhab, including some things not even found in books twice its length. Later on Al-Bahuti wrote a commentary on the text titled Al-Raud Al-Murbi`, which added explanations, evidence, ta`lil, and some additional rulings. Today Al-Raud is the more popular teaching manual in the Gulf area, while Nail Al-Ma‘arib is preferred in Sham.

And this is how we arrive our text here: a translation of Zad Al-Mustaqni` with additional notes taken from Al-Raud Al-Murbi` and other sources.

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Bidayat al-Mujtahid Wa Nihayat al-Muqtasid

Author: Ibn Rushd

Translator: Professor Imran Ahsan Khan Nyazee

The well known Book in 2 volumes by Ibn Rushd on Shari’a science of Ilm al Khilaf, a discipline that records and analyses the differences among Muslim Jurists.

About the Book:

Ibn Rushd’s Bidayat al-Mujtahid (The Distinguished Jurist’s Primer) occupies a unique place among the authoritative manuals of Islamic law. It is designed to prepare the jurist for the task of the mujtahid, the independent jurist, who derives the law and lays down precedents to be followed by the judge in the administration of justice. In this manual Ibn Rushd traces most of the issues of Islamic law, describing not only what the law is, but also elaborating the methodology of some of the greatest legal minds in Islam to show how such laws were derived.

This text provides a still-relevant basis for the interpretation and formulation of Islamic law. Combining his legal and philosophical knowledge, Ibn Rushd transcends the boundaries of different schools and presents a critical analysis of the opinions of the famous Muslim jurists and their methodologies.

The legal subject areas covered include marriage and divorce; sale and exchange of goods; wages, crop-sharing and speculative partnership; security for debts and insolvency; gifts, bequests and inheritance; and offences and judgements.

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My purpose in this treatise is to lay down in it for myself, by way of remembrance, the issues (Masa’il) of the Ahkam that are agreed upon and those that are disputed, along with their evidences, and to indicate those bases of the disputes that resemble general rules and principles, for the Faqih (jurist) may be presented with problems on which the Shara’ (law) is silent.

The issues are mostly those that are expressly stated in the Manthuq (unstated text of the Nass), or are closely related to those that are so stated. They are the issues agreed upon by the Muslim Fuqaha (jurists) since the generation of the Sahabah (Companions – God be pleased with them) till such time that Taqlid (following qualified scholarship) was rampant, or those over which a difference of opinion among them became widely known.

Extract taken from the Preface by Ibn Rushd.

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About Ibn Rushd (The Author):

Ibn Rushd was a Maliki Jurist (Qadi) but presents the views of other schools (Hanifi, Shaf’ee, hanbali & Zahiri) with the usual Respect and objectivity. This book is among the best known example of the Shari’a science of Ilm al Khilaf (the knowledge of variant ruling).

It is one of the most well knows works of ilm-ul- Khilaf, a discipline that records and analyses the differences among Muslim Jurists.

Qadi Ibn Rushd, the Grandson (Known as Averrooes in the West)

Ibn Rushd , Arabic (ابن رشد), known as Averroes 510-595 AH (1126 – 1198H), was an Andalusian-Arab philosopher and physician, a master of philosophy and Islamic law, mathematics, and medicine. He was born in Cordoba, Spain, and died in Marrakech, Morocco. His school of philosophy is known as Averroism.

Also known as Averroes or ‘The Commentator’, Ibn Rushd, came from a family of jurists and was born in Cordoba in Moorish Spain. He himself trained in law and medicine and later served as qadi or judge in Seville and Cordoba. In 1182 he was appointed physician to the court of caliph Abu Ya`qub Yusuf in Marrakesh and to his son, Abu Yusuf Ya`qub, in 1195 but was recalled shortly before his death.

In the field of medicine Averroes produced his Kulliyat fi al tib (General Medicine) between 1162 and 1169. He is however better known for his great commentaries on Aristotle but.

Al-Dhahabi in Siyar A`lam al-`Ulama’ (15:452) quotes al-Abbar as saying:

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No one of his scholarly perfection, his erudition, or his high manners was ever raised in Andalus.

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About the Translator: Imran Ahsan Khan Nyazee

Associate Professor in the Faculty of Shariah and Law, Islamabad. He obtained his law degree (L.L.B) from Punjab University in 1969. In 1983, he was awarded a gold medal for his performance in the L.L.M (Shariah) at the International Islamic University of Michigan Law School, Ann Arbor, USA. His published works include: Theories of Islamic Law, The concept of Riba and Islamic Banking, and General Principles of Criminal Law. He has also published several research articles on Islamic Law and has recently translated into English Al-Hidayah:A Classical Manual of Hanafi Law-VOL 1 (Amal Press).

This Book is part of a series of Arabic Works, made available in English by the ‘Center for Muslim Contribution to Civilization’.

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Al-Qawâid Al-Fiqhiyyah- Legal Maxims of Islamic Jurisprudence – A Translated Compilation

Islamic University of North America – Islamic Studies English Program

This is the book of “Legal Maxims of Islamic Jurisprudence” that is studied at the Islamic University of North America (Mishkah). It presents the topic in a simple way. In the beginning, the book presents an accurate definition of the Islamic legal maxims and gives lots of examples on each rule.

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Author: Shaykh Salih Al-Fawzaan

About the Book:

This book is an introduction to Islamic Jurisprudence for readers without substantial background in this field. In two volumes, Shaykh Saalih Al Fawzaan has projected light on jurisprudential issues of utmost importance in a genuine and reader-friendly style, free from any jargon or sophisticated expressions.

The Prophet Muhammad (Sallallahu Alehe Wasallam) said:

[gn_quote]If Allah swt wants to do good for a person, He makes him understand the religion.

[Sahih Al-Bukhari]

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About The Author

Muhammad ibn Saalih al-Uthaymeen al-Wuhaibi al-Tamimi (1925-2001 CE) was one of the most prominent Saudi Islamic scholars of the latter half of the twentieth century. Born in Saudi Arabia, he memorized the Qur’an at an early age and studied under some of the well known scholars of the time including: Abd ar-Rahman as-Saa’di, Muhammad Ash-Shanqeeti, and ‘Abd al-‘Aziz ibn Baaz. During his many years of study, he became world renowned as a reviver of Salafi dawah and his knowledge in fiqh.

About The Book

This is a Translation of the Text ‘Al-Usul min ‘Ilm al-‘Usul’ by the Noble Shaykh Muhammad bin Salih Al-Uthaymin. This book is the first of the Usul Series, which consists of various books of the Principles (Usul) of the religion.

The Prophet (sallallahu alehe wassalam) said:

[gn_quote]If Allah intends good for anybody then he gives him understanding (fiqh) in deen.[/gn_quote]

[gn_quote]It is not possible for the one with understanding (fiqh) to be without usul al-fiqh or for the usuli (the one who knows usul al-fiqh) to do without fiqh if he wants to have understanding (of the deen).
– Shaykh Al-Uthaymin, Kitab Al-Ilm[/gn_quote]
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