Al-Qawanin al-Fiqhiyyah: The Judgements of Fiqh
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About The Book
The book al-Qawānīn by Ibn Juzayy, may Allah have mercy on him, has been done a great injustice, as was also the case with the Muwāfaqāt of ash-Shāṭibī, since it did not become known well enough to be studied in madrasahs until the last century, whereas other summaries have acquired precedence in Mālikī fiqh, even though they do not rise to the level of the Qawānīn in terms of knowledge. This abridged compilation of Mālikī fiqh is distinguished by qualities that others in the history of the madhhab do not possess.
What the author himself says in introduction to this book of his is enough, when he said, may Allah have mercy on him:
Know that this book is superior to other books by virtue of three qualities:
1. It combines a clear arrangement of the madhhab with mention of the differences with the other madhhabs – contrary to other books which deal with the madhhab in particular, or with the differences with other madhhabs in particular;
2. We have laid it out with clarity by dividing it up and arranging it elegantly and we have facilitated its understanding by pruning it of any superfluities or defects and clarifying the way it is expressed – so how many divisions within sections and how many detailed expositions of primary judgements have facilitated an understanding of what was difficult and made the exceptional, anomalous judgements more accessible!
3. In it we have aimed to combine concision and explanation, despite the fact that they are rarely to be found in combination, and thus by the help of Allah it turned out to contain an ease of expression, to be subtle in its indications, complete in its meanings, but with so few words that those wishing to learn it by heart become devoted to it.”
He told the truth, may Allah be merciful to him, for all of these distinguishing qualities and more are to be found in the Qawānīn. It is the most comprehensive useful abridgement to be found in Mālikī fiqh, along with its drawing comparisons and parallels with the major madhhabs to such an extent that one of them said that it is an abridgement of the Bidāyat al-Mujtahid, but that is not correct, since its contents, in terms of derivative rulings, exceed by a great deal those of the aforementioned book. On the contrary, it is an abridgement of a great variety of books, and in terms of the methodological approach there is no relationship between the two books. - (Farīd al-Anṣārī, Mafhūm al-‘Ālimiyyah)
About the Contributor(s)
About the author
Ibn Juzayy al-Kalbi: Abu'l-Qasim Muhammad ibn Ahmad ibn Juzayy al-Kalbi al-Gharnati (693–741 AH / 1294–1340 CE) was an Andalusi polymath of Granada and one of the leading scholars of the late Nasrid era, Maliki in law. Born into the distinguished Banu Juzayy, a learned family of Granada, he gained an early reputation for piety and brilliance and was appointed imam and khatib of the city's Great Mosque while still young. His learning ranged across Qurʾanic exegesis, Maliki jurisprudence, the principles of law (usul al-fiqh), hadith, the variant readings of the Qurʾan, and the Arabic language and literature. Three works carry his name to later generations. Al-Tashil li-ʿUlum al-Tanzil is a compact, widely read tafsir prized for its clarity and balance. Al-Qawanin al-Fiqhiyya fi Talkhis Madhhab al-Malikiyya is among the most accessible late-classical Maliki fiqh manuals, often noting the positions of the other Sunni schools alongside the Maliki ruling. Taqrib al-Wusul ila ʿIlm al-Usul is a respected primer in legal theory. He also wrote on creed and on the qiraʾat. Devoted to learning and known for aspiring to martyrdom, he joined the defense of Muslim Andalusia and was killed at the Battle of Tarifa (the Rio Salado) in 741 AH / 1340 CE, at about forty-six. His son Ahmad later wrote a commentary on al-Qawanin. His books remain standard references in Maliki circles to this day.
About the translator
Asadullah Yate: Asadullah Yate is a British scholar and translator whose work has made several classical Islamic legal and devotional texts accessible to English readers. He completed his doctorate at the University of Cambridge in 1987, writing on Ibn Rushd (Averroes) as a jurist, and pursued traditional study within the school of Shaykh Dr. Abdalqadir as-Sufi. He translates from Arabic, Persian, German, and French, and has collaborated on translations from Turkish. Much of his output centers on the Maliki tradition and the legacy of the school of Madina. His translations include al-Mawardi's al-Aḥkam al-Sulṭaniyya (The Laws of Islamic Governance), published by Ta-Ha Publishers in 1996, Ibn Juzayy al-Kalbi's al-Qawanin al-Fiqhiyya (The Judgments of Fiqh), and Ibn ʿAshir's al-Murshid al-Muʿin, a foundational primer on the basics of the religion. He also rendered the Persian Sufi classic The Secret Garden (Gulshan-i Raz) of Mahmud Shabistari into English. Among his own writings are Islam in the School of Madina and Fair Trading, which treat Maliki jurisprudence and lawful commerce. He teaches Arabic and fiqh at the Weimar Institute in Germany, has served as imam and khatib at the mosque in Stralsund, and is a founding fellow of the Muslim Faculty of Advanced Studies. His translations are valued for their fidelity to the source texts and their readable English.
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