3. The Origins of al-Qawāʿid al-Fiqhiyyah
A Critical Edition of ʿUmdat al-Nāzir ʿalā al-Ashbāh wa’l-Naẓāʾir - Khadiga Musa
Khadiga Musa [+]
Prince Muhammad bin Fahd University
Khadiga Musa is Assistant Professor at the Prince Muhammad bin Fahd University, Saudi Arabia. She received her PhD from the School of Oriental and African Studies, University of London. Her interest is Quranic Studies, Hadith Studies and Islamic Law. Published work includes an article entitled 'Legal Maxims as a Genre of Islamic Law' (Brill: Journal of Islamic Law and Society 21, 2014) and, 'Hadith as Basis of Legal Maxims' (ABC – CLIO: Muhammad in the History, Thought, and Culture: An Encyclopaedia of the Prophet of God, ed. Fitzpatrick, C. & Walker, 2013).
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.