Maxims of Fiqh

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5/26/2012. 2. Introductions. 5/26/2012. 3. Seventh Introduction Evolution of Maxims of Fiqh. Phase one. Many maxims were derived from the texts of the Book. These maxims were not formed at once.The oldest resource is the book of Kharaj for Imam Abu Yusuf where he in

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Maxims of Fiqh

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1. 5/27/2012 1 Maxims of Fiqh Year 3 Semester 1

2. 5/27/2012 2 Introductions

3. 5/27/2012 3 Seventh Introduction Evolution of Maxims of Fiqh

4. Phase one Many maxims were derived from the texts of the Book. These maxims were not formed at once. The oldest resource is the book of Kharaj for Imam Abu Yusuf where he included some rules formed as maxims. 5/27/2012 4

5. 5/27/2012 5 Examples The unspecified punishment is to the Imam based on the magnitude of the crime. Everyone who dies and has no heirs; his money goes to Bait Al Mal. The Imam is not to take a property that belongs to a Muslim without a clear right.

6. 5/27/2012 6 Muhammad ibn Al Hasan also formed his book on a maxims fashion. Then we look at the book of Imam Ashafie (Al Umm) and we find many maxims in his book: If the greater falls, what is smaller falls as well. Concessions are not to be extended to other cases. Imam Ahmad also has some maxims: it is permissible to gift what you can sell.

7. 5/27/2012 7 Second phase As a separate knowledge, Maxims of Fiqh became known in the fouth century. Upon the spread of taqlid in the fourth century, many books were written according to one school of thought, many books also discussed other opinions to support the opinion of their Imam.

8. 5/27/2012 8 New issues were present before scholars, many branches of fiqh with many cases were written, thus scholars attempted to organize these cases and issues under the same rules. Sometimes there are cases that are thought to be similar while they are different so scholars wanted to distinguish between these cases and thus we have the books of Furouq.

9. 5/27/2012 9 The first to write in Qawaid Al Fiqh are hanafi scholars. Abu Tahir Addabbas is the first one to separate the maxims. He wrote 17 maxim which are the most important maxims in the fiqh of Imam Abu Hanifah and he used to repeat them every night. But the true beginning and the nucleus to this knowledge began by Abu Al Hassan Al Karkhi D. 340 who is a contemporary to Addabbas. He collected 39 maxim.

10. 5/27/2012 10 After these writings we dont find true books about maxims till the 7th century where we find many books: Imam Al Izz ibn AbduSsalam D.660 Imam Al Bakri Al Qafsi D.685

11. 5/27/2012 11 The Golden Age The eighth century is considered the golden age for maxims of fiqh where we find many books written especially in the Shafie school of thought: Al Ashbah Wannathair: Ibn Al Wakeel D.716 Al Qawaid: Al Maqqari D.758 Maliki Al Manthour. (Scattered or dispersed). Azzarkashi D.794

12. 5/27/2012 12 Then scholars didnt stop writing till the tenth century where we find few books that summarized and reconciled between the books as we see in the book Al Ashbah Wannathair for Imam Assuyuti D.911 who combined three books together in his book. Also Imam Abu Al Hasan Attujibi D.912 composed a poem where he gathered the maxims of Maliki school of thought. Also Ibn Nujaim D.970 wrote the book Al Ashbah Wannathair.

13. 5/27/2012 13 Eighth Introduction Two issues: First Issue: Maxims are formed in two ways: A report. A question. Why is that?

14. 5/27/2012 14 If a maxim is formed as a question then this is an indication that the maxim is not agreed upon by all scholars . If a maxim formed as a report then this is to tell you that the maxim is agreed upon by all scholars.

15. 5/27/2012 15 Second Issue: There is a new term that is formulated recently by some scholars where they use the term Theory.

16. 5/27/2012 16 Ninth Introduction

17. 5/27/2012 17 It is very difficult to list all writings in Maxims of Fiqh for several reasons: Books are so many and diverse in their subject and style. Many of these books are lost. Most of books are still manuscripts in libraries around the world.

18. 5/27/2012 18 The first book to be written is the book of Abu Al Hasan Al Karkhi D.340. Al Furouq for Imam Al Qarafi D.684. Ibn Ashatt Al Maliki wrote a book as a supplement to Imam Al Qarafis book. Ibn Taymiyahs Book: Al Qawaid Annuraniyah. Al Ashbah Wannathair: Ibn Al Wakil, Assubki, ASsuyuti and Ibn Nujaim.

19. 5/27/2012 19 We can divide the books of Maxims to 3 groups: First group: Books that included only maxims and divided them to grand maxims and other maxims. Of these books: Al Ashbah Wannathair for Assuyuti D.911.

20. 5/27/2012 20 Second group: Books that included maxims and rules without differentiating between maxims of fiqh and maxims of Usool. Of these books: Al Furouq for Al Qarafi D.684 he wrote 548 maxim or difference with examples. Al Qawid for ibn Rajab. D.795 he wrote 160 maxim.

21. 5/27/2012 21 Third group: Books added to this knowledge either because they are titled with Maxims or because they may include some maxims. Yet after thorough study and investigation we find that these books dont belong to the Maxims of Fiqh: Qawaid Al Ahkam. Al Izz ibn AbdiSsalam D.660. his book discusses the advantages of legislation and the wisdom of commands and prohibitions.

22. 5/27/2012 22 Al Ashbah Wannathair Imam ASsuyuti divided his book to 7 chapters: First chapter includes the grand maxims of Fiqh. 5 maxims. Second chapter includes major maxims. 40 Third chapter includes 20 maxim that are not agreed upon.

23. 5/27/2012 23 The remaining chapters include rulings that every jurist should know and major rules that are repeated in almost every chapter of Fiqh and other rules that belong to one chapter of fiqh or more then different rules. The total maxims that are mentioned in his book: 130.

24. Maxims of Fiqh 5/27/2012 24

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