al-Lubab fi Fiqh al-Sunnah wal-Kitab

Author died
1438 AH
Editions
Maktabat al-Sahaba

al-Lubab fi Fiqh al-Sunnah wal-Kitab (The Essence in the Jurisprudence of the Sunnah and the Book) is a contemporary comprehensive legal manual written by the Syrian scholar Muhammad Subhi Hallaq (d. 1438 AH / 2017 CE), expounding Islamic jurisprudence through direct derivation from the Quran and the Prophetic Sunnah .

Composition and Purpose

Hallaq completed the composition of the work in Sanaa on the morning of Friday, 29 Shawwal 1420 AH (4 February 2000 CE) . In the introduction, he stated that his motivation was to make Islamic jurisprudence accessible to Muslims in a clear and uncomplicated style, avoiding specialized jargon and hypothetical scenarios that have not occurred . He aimed to present legal rulings accompanied by their textual proofs, unify Muslims upon the Quran and Sunnah, and eliminate sectarian bias (al-ta'assub al-madhhabi) and blind imitation (taqlid) of any single legal school . While emphasizing respect for the early jurists, Hallaq maintained that their statements must be weighed against primary texts rather than given precedence over them .

Structure

The author organized the work into nineteen main books covering the classical chapters of Islamic law :

  1. Kitab al-Taharah (Ritual Purity)
  2. Kitab al-Salah (Prayer)
  3. Kitab al-Sawm (Fasting)
  4. Kitab al-Zakah (Almsgiving)
  5. Kitab al-Hajj (Pilgrimage)
  6. Kitab al-Nikah (Marriage)
  7. Kitab al-Buyu' wal-Mu'amalat al-Ukhra (Sales and Other Transactions)
  8. Kitab al-Ayman (Oaths)
  9. Kitab al-Nudhur (Vows)
  10. Kitab al-At'imah (Foods)
  11. Kitab al-Tibb (Medicine)
  12. Kitab al-Libas (Clothing)
  13. Kitab al-Wasaya (Bequests)
  14. Kitab al-Fara'id (Inheritance Shares)
  15. Kitab al-Hudud (Prescribed Punishments)
  16. Kitab al-Qisas (Retribution)
  17. Kitab al-Diyat (Blood Money)
  18. Kitab al-Qada' (Judiciary)
  19. Kitab al-Jihad (Jihad)

Methodology

Hallaq detailed a seven-step methodology in the author's preface :

  • Source selection: Gathering legal material from exegeses of legal verses of the Quran, hadith commentaries focused on legal understanding (fiqh al-hadith), and evidence-based comparative and school-specific jurisprudence manuals .
  • Weighing opinions (tarjih): Adopting the opinion supported by the strongest proof without sectarian partiality, aligning with any school when its position matches textual evidence .
  • Hadith documentation (takhrij): Classifying narrations and restricting legal proofs to authentic (sahih) and good (hasan) hadiths while rejecting weak (da'if) reports, even in the domain of virtuous acts (fada'il al-a'mal) . The author accepted the mursal narrations of Companions, prioritized solitary reports (ahad) over the practice of the people of Medina ('amal ahl al-madinah), and acted upon solitary reports even when they diverged from analogical deduction or established general principles .
  • Consensus (ijma'): Upholding verified consensus where no valid disagreement was recorded .
  • Analogical reasoning (qiyas): Employing sound analogy when the effective cause ('illah) uniting the original and novel case is manifest, without apparent or hidden disparities or conflicting texts .
  • Textual vocalization: Adding vowel markers and diacritics to obscure names, titles, locations, and difficult hadith expressions .
  • Contemporary jurisprudence: Addressing modern legal questions in light of the overarching rules, principles, and juristic determinations of Islamic law .

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