al-Irab an al-Hayra wa al-Iltibas al-Mawjudayn fi Madhahib Ahl al-Ray wa al-Qiyas
- Author died
- 456 AH
- Editions
- Dār Aḍwā’ al-Salaf
al-Irab an al-Hayra wa al-Iltibas al-Mawjudayn fi Madhahib Ahl al-Ray wa al-Qiyas (The Clarification of Confusion and Ambiguity Found in the Schools of Opinion and Analogy) is a polemical and jurisprudential work by the Andalusian Zahiri scholar Ibn Hazm (384–456 AH / 994–1064 CE), dedicated to critiquing the methodology and legal rulings of jurists who rely on legal reasoning (raʾy) and analogical deduction (qiyās) .
Subject and Methodology
The work represents Ibn Hazm’s detailed critique of the doctrines and substantive rulings of the jurists of opinion, engaging directly with the methodology of the Hanafi school and other adherents of analogical reasoning . In it, Ibn Hazm compiles numerous legal and hadith proofs to scrutinize and contest non-textual juristic extrapolation, aiming to demonstrate internal inconsistencies and perceived ambiguities in the doctrines of his theological and legal opponents . The text is written in Ibn Hazm's characteristic argumentative tone, featuring extensive analytical counterarguments, direct refutations, and uncompromising critiques of established school doctrines .
Preservation and Publication
Long considered lost or inaccessible, a surviving portion of the treatise was preserved in manuscript form and brought to the attention of scholars through the guidance of the Moroccan scholar Muhammad ibn al-Amin Bukhabza .
This surviving fragment was edited and studied by Muhammad ibn Zayn al-Abidin Rustam as a doctoral dissertation at Cadi Ayyad University in Beni Mellal, under the academic supervision of Zayn al-Abidin ibn Muhammad Belafrej . The critical edition was subsequently published in Riyadh by Dar Adwa' al-Salaf in 1425 AH / 2005 CE .
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