Yaqoub al-Bahisin
- Died
- 1443 AH
- Born in
- -
Yaqoub al-Bahisin (d. 1443 AH / 2022 CE) was a scholar of Islamic jurisprudence and legal theory (usul al-fiqh) who taught at the College of Sharia at Imam Mohammad Ibn Saud Islamic University in Riyadh.
Early Life and Education
Yaqoub ibn Abd al-Wahhab al-Bahisin belonged to an established Najdi family that had migrated to Iraq. He was born in al-Zubayr and completed his primary and secondary schooling in the city of Basra.
He pursued his higher studies in Egypt at al-Azhar, graduating from its College of Sharia in 1951 CE. He later returned to al-Azhar for graduate work, earning a higher diploma in the history of jurisprudence in 1965 CE and a higher diploma in usul al-fiqh in 1966 CE. In 1972 CE, he completed a two-year higher diploma in literary and linguistic studies at the Institute of Arab Research and Studies of the Arab League, and earned his doctorate from the College of Sharia and Law at al-Azhar University.
Academic Career and Scholarship
Al-Bahisin taught in secondary schools and teachers' institutes in Basra, instructing in Arabic language and literature, child psychology, educational psychology, and teaching methods. He subsequently joined the University of Basra as a lecturer, teaching in the College of Law and later the College of Law and Economics, where he gave courses on the law of endowments (awqaf), bequests (wasaya), inheritance (mirath), and legal theory. He later served on the faculty of the College of Sharia at Imam Mohammad Ibn Saud Islamic University in Riyadh.
His scholarship focused on legal theory, jurisprudence, and legal maxims (al-qawa'id al-fiqhiyya). In al-Furuq al-Fiqhiyya wal-Usuliyya (Legal Distinctions in Substantive Jurisprudence and Legal Theory), he examined the theoretical, descriptive, and historical development of the science of legal distinctions. In al-Takhrij 'inda al-Fuqaha' wal-Usuliyyin (Legal Derivation among Jurists and Legal Theorists), he analyzed the methodology of deriving subsidiary rulings and extracting theoretical principles from the statements of earlier jurists. His treatise Raf' al-Haraj fi al-Shari'ah al-Islamiyyah (The Removal of Hardship in Islamic Law) addressed the textual and rational proofs for the alleviation of hardship, defining it as preventing or mitigating excessive difficulty for legal subjects.
Answer updated
List of Works
al-Furuq al-Fiqhiyya wal-Usuliyya: Muqawwimatuha, Shurutuha, Nash'atuha, Tatawwuruha is a specialized treatise on Islamic legal methodology. It provides a theoretical, descriptive, and historical foundation for the science of legal distinctions ('ilm al-furuq) in both substantive jurisprudence (fiqh) and legal theory (usul al-fiqh).
al-Takhrij inda al-Fuqaha wa al-Usuliyyin: Dirasah Nazariyyah Tatbiqiyyah Ta'siliyyah is a study on Islamic jurisprudence and legal theory. It provides a theoretical, applied, and foundational treatment of legal derivation (takhrij) across both legal and theoretical disciplines.