al-Furuq lil-Karabisi

Author died
570 AH
Editions
Ministry of Awqaf of Kuwait

al-Furuq (Arabic: الفروق, also known as al-Furuq fi furu' al-Hanafiyyah) is a specialized treatise on Hanafi substantive legal distinctions by the Persian jurist Abu al-Muzaffar As'ad ibn Muhammad al-Karabisi (d. 570 AH / 1174 CE; also reported as 539 AH) .

Subject and Structure

The work is dedicated specifically to the genre of legal distinctions (al-furuq al-fiqhiyyah), distinguishing between outwardly similar cases within substantive law rather than combining distinctions with other legal arts . al-Karabisi arranged the book sequentially according to the standard thematic chapters of Islamic jurisprudence (abwab al-fiqh) .

Under each chapter, he presents a substantial collection of similar legal questions, articulating the subtle doctrinal difference (al-farq) that leads to diverging legal rulings between each pair of similar cases . In various instances, he provides more than one legal distinction for a given pair of similar cases . al-Karabisi also frequently names the source texts from which he drew individual cases or specific distinctions . In total, the compendium encompasses 779 distinct legal distinctions .

Influence and Reception

al-Karabisi's methodological framework served as a primary model for subsequent Hanafi scholars writing on the genre of legal distinctions . His method was adopted by Ahmad ibn Ubayd Allah al-Mahbubi (d. 630 AH) in Talqih al-uqul fi furuq al-manqul, as well as by Ahmad ibn Muhammad al-Ardistani in his own treatise al-Furuq, and in an anonymous manual titled al-Furuq ala madhhab Abi Hanifa .

Editions

The text was edited by Muhammad Tammum and reviewed by Abd al-Sattar Abu Ghuddah, published in two volumes by the Ministry of Awqaf and Islamic Affairs in Kuwait in 1402 AH / 1982 CE .

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