al-Istidrak al-Fiqhi Taseelan wa Tatbiqan
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- al-Istidrak al-Fiqhi Taseelan wa Tatbiqan
al-Istidrak al-Fiqhi Taseelan wa Tatbiqan (Juristic Rectification: Theoretical Foundations and Practical Applications) is a contemporary treatise in Islamic jurisprudence by Majmoul bint Ahmad ibn Humayd al-Jadani, examining the principles, criteria, and historical applications of legal rectification (al-istidrak) in Islamic law .
Composition and Purpose
The work was originally prepared as a master's thesis in jurisprudence at Umm al-Qura University under the supervision of Abdullah ibn Atiyyah al-Ghamidi during the academic year 1433–1434 AH (2012–2013 CE) . It was later published in Mecca by al-Multaqa al-Ilmi li al-Nashr wa al-Tawzi' in 1435 AH / 2014 CE .
Al-Jadani articulated that her motive for writing the book was the lack of studies establishing the theoretical and codified rules of juristic rectification, despite the prevalence of practical case studies, and a desire to contribute to modern critical scholarship in jurisprudence . She noted the scarcity of foundational literature as a central difficulty in composing the study .
Structure and Content
The book combines theoretical grounding with applied juristic examples and is structured into three main parts, followed by a conclusion and recommendations :
- Part One: Defining Juristic Rectification covers the definition of istidrak and related terms—such as criticism (naqd), annotative critique (tankeet), additions (ziyadat), legal editing (tahrir), revision (tanqih), refining (tahdhib), correction (tashih), tracking errors (ta'aqqub), and glossing (ta'liq) . It examines the foundational roots of rectification in the Quran, Sunnah, and universal rational principles, as well as its pillars and conditions . It also classifies the types of rectification across cognitive categories (conceptions, assertions, and rationales) and practical domains (legal verdicts, judicial rulings, governance decisions, moral policing [hisbah], teaching, and social behaviors), alongside its purposes, rhetorical and thematic styles, and places of occurrence in juristic texts .
- Part Two: Standards and Methodologies of Juristic Rectification investigates the benchmarks used to validate rectification—including textual evidence, legal theory rules, legal maxims, the higher objectives of Islamic law (maqasid al-shari'ah), rational principles, authoritative school doctrines, and expert testimony from other fields . It then analyzes the methods of rectification: the textual/transmitted method (al-manhaj al-naqli), the rational method (al-manhaj al-aqli), and the integrated method (al-manhaj al-mutakamil) .
- Part Three: Etiquette and Effects of Juristic Rectification details the reciprocal and specific manners required of both the rectifier and the person rectified . It assesses the influence of rectification on jurisprudential trends, authorship, human knowledge, and social relations .
In the work's conclusion, al-Jadani recommended establishing specialized units for criticism and rectification within research centers and incorporating the methodology of critique and rectification into Sharia college curricula .
Reception and Scholarly Assessment
In a subsequent study on rectification in legal theory (al-Istidrak al-Usuli), researcher Iman bint Salim Qabbus recognized al-Jadani's work as a pioneering effort in theorizing rectification . However, Qabbus recorded several points of disagreement, stating that al-Jadani's definition of istidrak was too narrow and differing with her on its essential pillars and applied scope .
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