al-Furuq al-Fiqhiyya li al-Dimashqi
- Author died
- 450 AH
- Editions
- T al-Hikma
al-Furuq al-Fiqhiyya (Juridical Distinctions) is a treatise on legal differences according to the Maliki school of jurisprudence, authored by the fifth-century AH scholar Abu al-Fadl Muslim ibn Ali al-Dimashqi (d. 5th century AH / 11th century CE) .
Background and Composition
Al-Dimashqi was known as Ghulam Abd al-Wahhab due to his long companionship and study under the Iraqi Maliki scholar al-Qadi Abd al-Wahhab al-Baghdadi (d. 422 AH / 1031 CE) . In the introduction to the work, al-Dimashqi stated that al-Qadi Abd al-Wahhab had recounted having authored a book titled al-Jumu' wa-l-Furuq, which was subsequently lost without being recomposed . Al-Dimashqi further noted that fellow scholars and peers in their circles had discussed scattered legal distinctions that remained difficult to memorize and master because they were dispersed across wider legal compendia rather than compiled into an independent treatise . In response, al-Dimashqi composed this work to assemble these distinctions in an accessible, concise format .
Structure and Methodology
al-Furuq al-Fiqhiyya is a compact work characterized by brevity, clarity, and precision . Al-Dimashqi limited his scope to obscure and intricate legal scenarios where outwardly similar cases yield differing legal rulings . The text typically adheres to a standardized structural formula:
- It opens each entry with the phrase: "A distinction between two issues" (farq bayna mas'alatayn) .
- It presents the two parallel legal cases that differ in their rulings .
- It highlights their apparent common ground, which would superficially suggest identical rulings .
- It introduces the phrase "the distinction between them" (al-farq baynahuma) before providing the underlying legal reasoning and justifying cause .
Within the text, al-Dimashqi cites his teacher al-Qadi Abd al-Wahhab by name seven times, transmitting distinguishing opinions from him, alongside rulings attributed to Malik ibn Anas and positions drawn from al-Mudawwana . Beyond mere transmission, the author frequently engages in legal analysis, formulating original distinctions, addressing scholarly differences, and evaluating competing rationales, at times deeming one distinction more analogically sound (aqyas) than another .
Transmission and Modern Editions
Manuscripts of the text are preserved, including a copy at the National Library of Tunisia (Dar al-Kutub al-Wataniyya) and an incomplete microfilm copy at the Islamic University of Madinah . The treatise was critically edited by Muhammad Abu al-Ajfan and Hamza Abu Faris, who established the text based on the Tunisian manuscript and collated it against other manuscript witnesses and Ahmad al-Wansharisi's 'Uddat al-Buruq . This edition was first published by Dar al-Gharb al-Islami in Beirut in 1992, followed by a second edition printed by Dar al-Hikma in 2007 .
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