The Judgements of Fiqh [1] : New,
Al-Qawanin al-Fiqhiyyah,
Volume 1 - 'Aqidah & Ibadat,
*[A5+] Paperback - 385 pages,
by Ibn Juzayy al-Kalbi [d.741h],
Translated by Asadullah Yate,
Published by Diwan Press.

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Description :

Al-Qawanin al-Fiqhiyyah fi Talkhis Madhhab al-Malikiyyah wa-t-Tanbih ‘ala Madhhab ash-Shafi‘iyyah wa-l-Hanafiyyah wa-l-Hanbaliyyah. The Judgments of Fiqh in Summation of the Maliki Madhhab, drawing attention to the Shaf‘i, Hanafi and Hanbali Madhhabs.


The works of Ibn Juzayy, including his tafsir and this work of fiqh, partake of a particular miraculous quality of the last of the Messengers of Allah, may Allah bless him and them and grant them peace: they unite concision and comprehensiveness. He said, “I was given concise comprehensive speech (Jawami' al-Kalim).” (Al-Bukhari (7013) and Muslim (523)).


The comprehensive character of this book is evident enough in that the author presents both the range of judgements within the school of the People of Madinah as well as the range of judgments among the madhhabs at large, something ordinarily encompassed in multi-volume tomes by erudite scholars, but here achieved with concision in a single modest Arabic volume. It is comprehensive also in covering not only ‘aqidah and ‘ibadat, in volume 1 of our translation, but also mu'amalat, and other matters ordinarily regarded as being under the rubric of tasawwuf, and yet others pertaining to history, i.e. the sirah of the Messenger a, the khulafa’ and Andalus, in volume 2.

 

“It is the most comprehensive useful abridgement to be found in Maliki fiqh.”
(Farid al-Ansari, Mafhum al-'Alimiyyah).

 

Moreover, the author escapes entirely the trap that lies in wait for such an ambitious project: the cleverness that dazzles but confuses. His main concern is to say with clarity what the din is, and then to note the legitimate differences, and sometimes the illegitimate ones in order to dismiss them. To show the spectrum of valid differences is vitally important in the age of literalism that says “tell me the sahih hadith so that I can act on it” or in its Maliki version, “tell me the well-known judgment (mashhur).”


The author carefully lets the reader know the well-known judgment (mashhur) but sets it within the spectrum of valid judgments from the luminaries among Malik's students, such as Ibn al-Qasim, Ashhab, Asbagh, Ibn Wahb and Ibn al-Majishun et al, who, it is important to remember, may have been acting on and speaking by what they learnt from Malik, unless, as with the case of Ibn al-Qasim in the Mudawwanah when he specifically says on occasion that he heard nothing from Malik about an issue but his own opinion is such-and-such.
 

Lastly the work has another quality, which it shares with the Risalah of Ibn Abi Zayd al-Qayrawani, and which is easy enough to overlook: the narrative quality of someone who is recording what he knows rather than laboriously researching in various learned tomes and then writing down his results.

 

 

Ibn Juzayy al-Kalbi :

He is Abu-l-Qasim Muhammad ibn Ahmad ibn Juzayy al-Kalbi. He was from Granada in Andalusia and was born in 693 AH into a distinguished and noble family and died shahid (martyr) at the great battle of Tareef in 741 AH. He was a qadi, grammarian, faqih, commentator on the Qur’an and poet. Among his teachers were Ibn az-Zubayr, Ibn Rashid, Qadi Ibn Bartal, the khatib at-Tanjali and Abu-l-Qasim ibn Shat.

Among his works are :

---Wasilah al-Muslim fi Tahdhib Sahih Muslim,
---Al-Aqwal as-Sunniyyah fi Kalimat as-Sunniyyah,
---Taqrib al-Wusul ila ‘ilm al-Usul,
---An-Nur al-mubin fi Qawa‘id ‘Aqa’id ad-Din,
---Tasfiyyah al-Qulu fi Wusul ila Hadrah ‘allam al-Ghuyub,
---Al-Mukhtasar al-bari' fi Qira’ah Nafi'
---Kitab at-Tas-hil li ‘Ulum at-Tanzal.
 

His son, Abu Abdullah Muhammad ibn Juzayy al-Kalbi (d. 758 AH), the scribe of the Rihlah of Ibn Battuta, is sometimes confused with him.

 

 

Table of Contents :

---Dedication,
---Ibn Juzayy al-Kalbi,
---Translator’s Preface,

---Author’s Introduction,
------An explanation of the terminology of the book,
------An explanation of the arrangement of the book,

---The Opening Discourse Concerning What is Necessarily True in Matters of ‘Aqidah,
------1. The Existence of the Creator, His Majesty is Majestic & His Favour is Cherished,
------2. The Attributes of Allah, Exalted is He & Mighty is His Affair & His Authority is Overwhelming!
-------'Life'
-------'Power'
-------'Will'
-------'Knowledge'
-------As for 'Hearing and Sight'
-------'Speech'
------3. The Beautiful Names of Allah, Exalted is He,
------4. The Tawhid of Allah, Exalted is He,
--------Supplement: The various groups holding to contradictory interpretations of Tawhid,
--------A Sufi indication,
------5. Tanzih - Freeing Allah, Exalted is He, of any defect,
--------Note.
------6. Iman in the Angels of Allah, His Books, His Messengers,
----------1. Those miracles whose soundness we may be absolutely sure of and so we may use as proof,
----------2. Those transmissions about which we are absolutely sure on account of their multiple occurrences,
----------3. Those narrated on this matter by single persons,
------7. Iman in the Abode of the Akhirah,
----------1. Iman in the Barzakh, i.e. the interspace after death, and in the punishment in the grave,
----------2. The questioning of the two Angels,
----------3. The raising up of the creation from their graves,
----------4. The reckoning up of actions,
----------5. The settlement of accounts between the slaves,
----------6. The weighing up of one's actions in the scales,
----------7. The giving of the record (of one's actions) either in the person's right or left hand,
----------8. People's passing over the Sirat,
----------9. The Pool of the Prophet,
----------10. The intercession of the Prophet for his Ummah,
----------11. The entry of people into the fire,
----------12. Entering the Garden.
------8. Imamate,
-----------1. Affirmation of the imamate of the Four Khalifahs,
-----------2. The conditions of imamate.
------9. Iman and Islam,
-----------1. What they mean,
-----------2. The legal rulings covering both,
-----10. Holding fast to the Sunnah,
-----------1. Refraining from Innovation,
-----------2. Rational examination and theoretical speculation as opposed to imitation and following others (taqlid).

---Part 1,

---[1]. Purification,
------Introduction,
---------1. Kinds of purification,
---------2. Conditions for the obligation of purification,
------1. Wudu'
------2. Things which invalidate Wudu'
------3. Ghusl i.e. The ritual washing of the whole body,
------4. Those matters which make the Ghusl obligatory,
------5. Water,
------6. Najasat - ritually impure things,
------7. Istinja' - and associated matters,
------8. Tayammum,
------9. Wiping over khuffs and splints/ligatures/bandages,
------10. Menstruation, bleeding after childbirth, the period of purity, and the istihadah.

---[2]. The Salat,

---[3]. The Salat Over the Dead,

---[4]. Zakat,

---[5]. Fasting And I‘tikaf,

---[6]. Hajj,

---[7]. Jihad,

---[8]. Oaths And Vows,

---[9]. Food, Drink, Hunting and Slaughtering,

---[10]. ‘Id Sacrifices, ‘Aqiqah and Circumcision,

 

 

 

 

Also see The Judgements of Fiqh, Volume 2,

 

More books on Fiqh,
Also see Theology books,
Also see Maliki related works.
 

 

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*Dimensions : 23.5 x 15.5cm.