al-Ahkam al-Fiqhiyya allati qila فيها bil-naskh wa athar dhalik fi ikhtilaf al-fuqaha

al-Ahkam al-Fiqhiyya allati qila fiha bil-naskh wa athar dhalik fi ikhtilaf al-fuqaha (Legal Rulings in Which Abrogation Was Claimed and Its Effect on Juristic Disagreement) is a contemporary study in comparative Islamic jurisprudence and legal theory by Muhammad Ibrahim bin Sarkand Taaqibat Jamal al-Din al-…+1. The work gathers, analyzes, and contextualizes substantive legal issues across all major areas of Islamic jurisprudence wherein scholars asserted the occurrence of abrogation (naskh) al-Ahkam al-Fiqhiyya alla…+1.

Composition and Publication

The work originated as a doctoral dissertation submitted to the Department of Fiqh in the Faculty of Sharia at the Islamic University of Madinah Taaqibat Jamal al-Din al-…. Prepared under the academic supervision of Abd al-Aziz bin Mabruk al-Ahmadi, it was defended in 1430 AH (c. 2009 CE) and received an "excellent" rating Taaqibat Jamal al-Din al-…. It was subsequently published in its first edition by the Deanship of Scientific Research at the Islamic University of Madinah in 1432 AH / 2010 CE Taaqibat Jamal al-Din al-….

In his introduction, the author noted that while classical scholars authored numerous works devoted specifically to abrogation in the Quran and the Sunnah, they rarely compiled substantive legal rulings (ahkam fiqhiyya) where abrogation had been invoked within legal literature, prompting his comprehensive comparative collection al-Ahkam al-Fiqhiyya alla….

Structure

The book is arranged into an introduction, an extensive preliminary study (tamhid), five major parts (abwab), a conclusion, and scientific indices al-Ahkam al-Fiqhiyya alla…+1:

• Preliminary Study (al-Tamhid): Covers the theoretical foundations of abrogation, including its lexical and technical definitions, its distinction from specification (takhsis) and bada', its scriptural validity and divine wisdom, its conditions, categories, historical timeframe, ways of identification, and earlier literature on the subject al-Ahkam al-Fiqhiyya alla…+1.
• Part One: Ritual Purity and Prayer (al-Tahara wa-l-Salat) al-Ahkam al-Fiqhiyya alla….
• Part Two: Zakat, Fasting, and the Pilgrimage (al-Zakat wa-l-Sawm wa-l-Hajj) al-Ahkam al-Fiqhiyya alla…+1.
• Part Three: Sacrificial Offerings, Oaths, the 'Aqiqa, Hunting, Slaughtered Animals, Emigration, and Jihad (al-Adahi wa-l-Ayman wa-l-'Aqiqa wa-l-Sayd wa-l-Dhaba'ih wa-l-Hijra wa-l-Jihad) al-Ahkam al-Fiqhiyya alla….
• Part Four: Commercial Transactions, Marriage, and Related Domestic Contracts (al-Buyu' wa-l-Nikah wa ma yata'allaqu bihima) al-Ahkam al-Fiqhiyya alla…+1.
• Part Five: Homicides and Injuries, Prescribed and Discretionary Penalties, Judicial Administration, Testimonies, Dress, Medicine, Manners, and Miscellaneous Issues (al-Jinayat wa-l-Hudud wa-l-Ta'zirat wa-l-Qada' wa-l-Shahadat wa-l-Libas wa-l-Tibb wa-l-Adab wa-l-Manthurat) al-Ahkam al-Fiqhiyya alla…+1.

Methodology

For each legal issue addressed, the author identifies the ruling under study, names scholars who explicitly declared or claimed abrogation concerning it, and outlines the proof-texts used al-Ahkam al-Fiqhiyya alla…. He examines how affirming or rejecting abrogation served as a major cause for divergent opinions among jurists (ikhtilaf al-fuqaha), reviews the arguments of the various legal schools from original sources, discusses counter-arguments, and evaluates the evidence to determine the preponderant position (al-qawl al-rajih) al-Ahkam al-Fiqhiyya alla…+1. Prophetic traditions are documented and evaluated according to classical standards of hadith criticism al-Ahkam al-Fiqhiyya alla….