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 :
- Kitab al-Taharah (Ritual Purity)
- Kitab al-Salah (Prayer)
- Kitab al-Sawm (Fasting)
- Kitab al-Zakah (Almsgiving)
- Kitab al-Hajj (Pilgrimage)
- Kitab al-Nikah (Marriage)
- Kitab al-Buyu' wal-Mu'amalat al-Ukhra (Sales and Other Transactions)
- Kitab al-Ayman (Oaths)
- Kitab al-Nudhur (Vows)
- Kitab al-At'imah (Foods)
- Kitab al-Tibb (Medicine)
- Kitab al-Libas (Clothing)
- Kitab al-Wasaya (Bequests)
- Kitab al-Fara'id (Inheritance Shares)
- Kitab al-Hudud (Prescribed Punishments)
- Kitab al-Qisas (Retribution)
- Kitab al-Diyat (Blood Money)
- Kitab al-Qada' (Judiciary)
- 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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