al-Mukhtasar fi Usul al-Fiqh
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- Maktabat al-‘Ulūm wa-al-Ḥikam
al-Mukhtasar fi Usul al-Fiqh (The Abridgment in Legal Theory) is an introductory compendium on principles of Islamic jurisprudence (usul al-fiqh) by the contemporary scholar Abd al-Fattah ibn Muhammad ibn Musaylihi.
Purpose and Scope
Musaylihi compiled the work to simplify and facilitate access to legal theory by summarizing its core issues and maxims (qawa'id). In his introduction, he notes that he intended the text to serve as a sufficient primer for students with modest aims while acting as a foundation and stepping stone for those pursuing advanced study. The author also acknowledges the assistance and counsel of Ibrahim Zakariyya in preparing the text.
Content and Structure
The work begins with foundational introductory principles, including the definition of usul al-fiqh, its subject matter, its fruit, and its early development, noting that al-Shafi'i was the first to compile the discipline in an independent book, al-Risalah.
The text is organized systematically around major jurisprudential themes:
- Legal Rulings (al-Ahkam al-Shar'iyyah): Covers defining defining categories of defining norms, dividing them into defining rulings (al-hukm al-taklifi)—obligatory (wajib), recommended (mandub), prohibited (haram), disliked (makruh), and permissible (mubah)—and declarative rulings (al-hukm al-wad'i), which address causes (sabab), conditions (shart), impediments (mani'), validity (sihha), nullity (butlan), strict adherence (azima), and dispensations (rukhsa).
- Legal Evidences (Adillat al-Ahkam): Discusses primary and secondary sources of law, including the Quran, the Sunnah (with classifications of authentic, good, and weak narrations), consensus (ijma'), analogical deduction (qiyas), and the statements of the Companions (qawl al-sahabi).
Each topic is outlined with clear-cut linguistic and technical definitions, supplemented by analytical maxims (dawabit) and secondary qualifications to provide a concise yet comprehensive reference manual.
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