al-Masail al-Fiqhiyya fi Daw Ma اتفق عليه fi al-Taharat
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- al-Masail al-Fiqhiyya fi Daw Ma اتفق عليه fi al-Taharat
al-Masail al-Fiqhiyya fi Daw Ma اتفق عليه fi al-Taharat (al-Masāʾil al-Fiqhiyya fī Ḍawʾ Mā Uttufiqa ʿAlayh fī al-Ṭahārāt, lit. 'Juridical Issues in Light of What Is Agreed Upon Concerning Purifications') is a contemporary treatise on comparative Islamic jurisprudence by Abd Allah Nadhir Qashlan, dedicated to compiling legal rulings in the chapter of ritual purification (ṭahārah) that are agreed upon across the four major Sunni schools of law.
Composition and Background
The work originated as a graduation thesis submitted to the Ma'had al-Fath al-Islami in Damascus during the academic year 1420–1421 AH (1999–2000 CE), prepared under the supervision of Shaykh Ahmad Umar al-Masri. In his dedication, Qashlan acknowledged the founder of the institute, Muhammad Salih al-Farfur, along with several scholars and teachers who guided him, including Adib al-Kallas, Abd al-Fattah al-Bizm, Husam al-Din al-Farfur, and his father, Nadhir Ahmad Qashlan.
Purpose and Scope
Qashlan compiled the work to address what he observed as a prevalent focus among jurists on points of disagreement (khilāf), as seen in classical works such as Ikhtilāf al-ʿUlamāʾ by Muhammad ibn Nasr al-Marwazi. His aim was to gather the points of consensus among jurists to facilitate memorization and reference, prevent unjustified claims of disagreement in settled issues, and establish a clear baseline of agreed-upon rulings in purification so that disputed issues could be readily recognized.
The author observed that earlier classical treatises focusing on consensus, such as al-Ijmāʿ by Ibn al-Mundhir and Marātib al-Ijmāʿ by Ibn Hazm, were relatively concise, did not extensively detail subsidiary rulings (furūʿ) or chapter divisions, and typically omitted textual proofs. In contrast, Qashlan sought to provide detailed coverage with supporting evidence for each point of agreement.
Methodology and Sources
The author adhered to a structured comparative methodology:
- Gathering legal issues agreed upon among the four Sunni Imams—Abu Hanifa, Malik ibn Anas, al-Shafi'i, and Ahmad ibn Hanbal—or their authoritative school positions relied upon for legal verdicts (al-muftā bih).
- Citing supporting textual evidence for each consensus from the Quran, the Sunnah, and narrations from the Companions (āthār), alongside occasional rational deductions and analogical reasoning (qiyās).
- Handling divergent internal positions within a school by adopting the authoritative fatwa position; when an alternative school position aligned with the remaining three schools, he occasionally adopted it while clarifying the non-standard selection in the footnotes to highlight shared ground and minimize dispute.
- Highlighting significant points of divergence where consensus was absent by indicating whether a single school differed or if the jurists were evenly split into two groups.
- Providing definitions for legal terms from standard reference works of the schools, identifying difficult vocabulary, and incorporating specialized indexes for Quranic verses, hadiths, and cited references.
Structure
The treatise is organized into thematic chapters (fuṣūl), sections (mabāḥith), and sub-sections (maṭālib). The first chapter, dedicated to Purification (al-Ṭahārah), is structured into eight sections:
- The linguistic and juridical definition of purification.
- The importance of purification.
- Conditions governing the obligation of purification.
- Categories of purifying agents (al-muṭahhirāt).
- Categories and legal classifications of water.
- Legal rulings on leftover water and utensils used by animals and humans (al-asʾār).
- Rulings regarding well water (al-ābār).
- Categories of intrinsically pure substances (al-aʿyān al-ṭāhirah).
Reception and Appraisal
The book received a formal commendation (taqrīẓ) from the Syrian scholar Muhammad Abd al-Latif Salih al-Farfur, written on 13 Jumada al-Thaniyya 1424 AH (11 August 2003 CE) in Damascus. While praising the thesis as a promising scholarly contribution, al-Farfur offered critical notes on the original manuscript, advising the author to review minor grammatical slips, standardize source attribution, and rely primarily on authoritative books of fatwa within each school rather than introductory teaching manuals. He also advised against rushing into publication before thorough revision. Qashlan noted that he implemented these recommendations, revising and editing the text prior to its printed publication.
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