3. The Origins of al-Qawāʿid al-Fiqhiyyah
Khadiga Musa [+]
Prince Muhammad bin Fahd University
Chapter 3 examines the sources from which classical scholars gathered their qawāʿid by various methods; I focus on the Ḥanafī school, for the simple reason that the author of Umdat al-Nāẓir ʿalā al-Ashbāh wa’l-Naẓāʾir, Abū ’l-Suʿūd, was a Ḥanafī scholar. The following chapter looks at the historical development of al-qawāʿid al-fiqhiyyah as a specific genre within the development of fiqh in general up to the tenth/sixteenth century AH/CE. This is the century when Ibn Nujaym compiled his Al-Ashbāh wa’l-Naẓāʾir: the work has inspired many commentaries over the following centuries, of which ‘Umdat al-Nāẓir ‘alā al-Ashbāh wa’l-Naẓāʾir is one.