Usul ash Shashi : New English Transl.
Principles of Islamic Jurisprudence -
*[A5+] Large Paperback - 309 pages,
by Nizam ad-Din Shashi,
Translated by Dr. Mansur Ali,
Published by Turath Press.

 

Description :


How is one to wade through the apparent welter of irreconcilable primary Islamic sources? What is one to do when faced with opposing practices of the Prophet, may Allah bless him and grant him peace, on the same issue? When is a practice deemed necessary or recommended? These are some of the topics discussed in usul al-fiqh. Loosely translated as principles of Islamic jurisprudence, usul al-fiqh is the legal theory which underpins Islamic positive law and practical ethics.



The book Usul ash-Shashi is an isagogic opuscule on legal theory according to the Hanafi School of Law. It is widely favoured and accepted in the dars e nizami syllabus of South Asian seminaries and their sister institutions outside of the Asian Subcontinent despite little being known of its author.



The translation will appeal to a wide readership in particular to elementary students of Islamic law and to those that are interested in legal theory.




About the Author : Imam Nizam ad-Din ash Shashi, may Allah have mercy upon him. Hailing from the Islamic hinterland of Transoxiana (ma wara' an-nahr), Shashi is credited to have written this very successful opus. Legend says that he wrote the book at the age of fifty and called it Kitab al-Khamsin (The Book of Fifty). Despite little being known of the author, Allah Most High has accepted his work and it is widely studied and read throughout the Muslim World.








Table of Contents :


---Publishers Foreword,
---Translator's Introduction,
------Introduction to the Science of Usul al-Fiqh,
---------Hadd,
---------Ism,
---------Mawdu,
---------Thamarah,
---------Fadl,
---------Wadi,
---------Istimdad,
---------Nisbah,
---------Hukm ash-Shari,
---------Masa'il,
------About the author of Usul ash-Shashi,
------About the Text of Usul ash-Shashi,
------Legal Norms in Hanafi Fiqh,
------Works on Usul ash Shashi,
------About the Translation,
------Dedication.


---Introduction,

---First Topic : The Book of Allah, subhanahu wa ta'ala,

------Khass and 'Amm : The Specific and General Expressions,
------Mutlaq and Muqayyad : The Absolute and Qualified Expressions,
------Mushtarak and Mu'awwal : The Homonym and Diverted Expressions,
------Haqiqah and Majaz : The Literal and Metaphorical Expressions,
------Isti'arah : Identification of the Patterns of the Simile,
------Sarih and Kinayah : The Explicit and Metonymic Words,
------Mutaqabilat : The Counterparts,
------Those Things that Lead to the Literal Meanings of Words Being Disregarded,
------Muta'alliqat an-Nusus : Textual Relations,
------Amr : The Imperative,
------The Absolute Imperative,
------The Requirement of the Imperative,
------That Which is Commanded with Regards to the Time of Performance,
------Goodness of Al-Ma'mur bih,
------The Original Offering and the Replacement Offering,
------Nahi : The Prohibition,
------Identifying the Methods of Knowing the Implications of the Texts,
------Explanation of the Meaningful Particles,
------The Particle Waw,
------The Particle Fa,
------The Particle Thumma,
------The Particle Bal,
------The Particle Lakin,
------The Particle Aw,
------The Preposition Hatta,
------The Preposition Ila,
------The Preposition 'Ala,
------The Preposition Fi,
------The Preposition Ba.
---Wujuh al-Bayan : Methods of Clarification,
------Bayan at-Taqrir : Clarification of Ratification,
------Bayan at-Tafsir : Clarification of Explanation,
------Bayan at-Taghyir : Clarification of Alteration,
------Bayan ad-Darurah : Clarification of Necessity,
------Bayan al-Hal : Clarification of Circumstance,
------Bayan at-'Atf : Clarification of Conjunction,
------Bayan at-Tabdil : Clarification of Change.


---Second Topic : The Sunnah of the Messenger of Allah, ?,

------Types of Report,
------The Authority of the Khabar al-Wahid,


---Third Topic : Ijma - Consensus,

------The Authority of Ijma,
------'Adam al-Qa'il bi al-Fasl : Non-Existence of an Opinion Distinguishing Between Two Issues,
------Duties of a Mujtahid.


---Fourth Topic : Qiyas - Analogical Reasoning,

------The Authority of Qiyas,
------The Shar'i analogy,
------Ways of Recognising the 'Illah,
------Questions Directed at Qiyas,
------Cause of a Ruling, Its Effective Cause and it's Conditional Clause,
------Types of Sabab,
------Causes of Shar'i Rulings,
------Mawani : Legal Impediments,
------Al-Hukm at-Taklifi : Types of Defining Law,
------'Azimah and Rukhsah : Resolution and Dispensation
------Al-Ihtijaj bi la Dalil : Legal Arguments without Evidence.


---Appendix : Introduction to the Arabic Edition,
---Bibliography,
---Index.







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*Dimensions : 22.9 x 15.4 x 2.4cm.