al-Madkhal ila Dirasat al-Madaris wa al-Madhahib al-Fiqhiyya
- Author died
- 1433 AH
- Editions
- Dar al-Nafaes for Publishing and Distribution
al-Madkhal ila Dirasat al-Madaris wa al-Madhahib al-Fiqhiyya (Introduction to the Study of Jurisprudential Schools and Rites) is a contemporary work on Islamic legal history and methodology by Umar Sulayman al-Ashqar (d. 1433 AH / 2012 CE) .
Purpose and Scope
The author composed the book as an introductory guide for students and researchers in Sharia faculties at both undergraduate and postgraduate levels . Al-Ashqar noted that many students suffered from deficiencies in understanding the historical development of legal schools, distinguishing authentic doctrines within a madhhab, and identifying authoritative reference literature; he designed the work to equip researchers to navigate and verify the authoritative sources (al-kutub al-muʿtamada) of each legal school with precision .
Structure and Contents
The book is organized into an introduction and three major parts (abwāb):
- Part One: Jurisprudential Schools (al-Madāris al-Fiqhiyya): Opens with a definition clarifying that a legal school refers to a methodological orientation and collective scholarly approach rather than a physical institution . While classical scholars traditionally recognized two primary early currents—the School of Hadith based in Medina and the School of Opinion (Ahl al-Raʾy) centered in Kufa—al-Ashqar identifies three major schools by classifying the literalist school of Dawud al-Zahiri (Ahl al-Ẓāhir) as an independent third tradition due to its distinct methodological foundations . It devotes separate chapters to the School of Hadith, the School of Legal Reasoning, the Zahiri school, and concludes with a comparative evaluation of the three currents .
- Part Two: Jurisprudential Rites (al-Madhāhib al-Fiqhiyya): Divided into two chapters. The first examines the formation and evolution of madhhabs, defines the term madhhab linguistically and technically, refutes the erroneous attribution of every subsequent development to the founding imam, and details the historical methods employed by jurists to edit, refine, and verify authentic school positions (taḥqīq al-madhhab) across multiple inquiries . The second chapter focuses on the four extant Sunni madhhabs—Hanafi, Maliki, Shafi'i, and Hanbali—profiling the life, foundational principles (uṣūl), prominent teachers, students, geographic diffusion, specialized terminologies, and authoritative sourcebooks of each .
- Part Three: The Muslim's Stance Toward the Imams and the Ruling on Imitation: Analyzes the concept of taqlīd (following legal authority without direct proof), refutes claims declaring strict adherence to a specific madhhab obligatory, and outlines the specific circumstances wherein legal imitation is permissible .
Publication
The book was published in Amman, Jordan, by Dar al-Nafa'is, with an initial edition appearing in 1416 AH . It subsequently went through multiple editions, including a second edition in 1418 AH (1998 CE) , a third in 1423 AH , and a fourth in 1427 AH (2007 CE) spanning approximately 280 pages .
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