al-Mutaqad wa Atharuhu ala Masail Usul al-Fiqh
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al-Mutaqad wa Atharuhu ala Masail Usul al-Fiqh (The Creed and Its Impact on the Issues of Legal Theory) is a contemporary study on Islamic jurisprudence and theology by Abd al-Rahman ibn Ali al-Hattab, examining how theological dogmas underpin debates within legal theory (usul al-fiqh).
Background and Purpose
Al-Hattab composed the work after examining Dr. Khalid ibn Abd al-Latif's dissertation Masa'il Usul al-Din al-Mabhuthah fi Ilm Usul al-Fiqh (Issues of the Principles of Religion Examined in Legal Theory). Finding that the original dissertation contained extensive theological polemics and detailed refutations that deterred many specialists in legal theory, al-Hattab sought to refine and abridge the theological presentations while supplying the specific legal theory principles built upon them that had been omitted. The text began as personal working notes aimed at addressing a perceived deficiency in theological grounding among scholars of legal theory before being prepared for wider readership.
The author drew heavily on academic research dealing with the derivation and construction of legal theory from theological tenets (bina' al-usul ala al-usul), as well as sectarian doctrinal studies and causes of scholarly disagreement.
Methodology and Core Themes
The work distinguishes between theological matters mentioned only incidentally or exemplarily in legal theory books without bearing structural influence on legal principles—such as early debates on divine names, prophecy, and the imamate of Ali ibn Abi Talib—and theological premises that actively determine legal-theoretical rulings. Al-Hattab argues that understanding underlying creedal premises prevents internal contradiction and allows jurists to discern sound positions from theological deviations.
Nevertheless, the author notes that theological divergence in legal theory has a very weak impact on practical, substantive law (furu'). He attributes this to jurists having independent hermeneutical indicators for substantive legal cases, discrepancies between theoretical theology and actual legal practice, and the fact that substantive jurisprudence predated the emergence of dialectical theological sects.
Structure and Contents
The book is organized into an introduction and five chapters:
- Chapter One: Issues Pertaining to Monotheism and Divine Action (al-Tawhid): Covers seven topics, including the first duty incumbent upon the accountable individual, the proof for the obligation of rational inquiry (wujub al-nazar), the fulfillment of divine warnings, rational determination of good and evil (al-tahsin wal-taqbih al-aqliyyan), divine regard for the optimal (ri'ayat al-aslah), imposition of the unbearable (taklif ma la yutaq), and whether every jurist exercising independent reasoning arrives at the truth (al-taswib wal-takhti'ah).
- Chapter Two: Issues Pertaining to Divine Names and Attributes (al-Asma' wal-Sifat): Covers six topics: the designation and the named (al-ism lil-musamma), the non-scriptural usage of divine names, the divine attribute of Speech (sifat al-kalam), the divine attribute of Will (sifat al-iradah), divine wisdom in legislation (al-hikmah), and the metaphysical continuity of accidents (baqa' al-a'rad).
- Chapter Three: Issues Pertaining to Divine Decree (al-Qadar): Focuses on the capacity and efficacy of human action (qudrat al-abd).
- Chapter Four: Issues Pertaining to Prophethood (al-Nubuwwat): Examines prophetic infallibility (ismah) before and after mission, the nature of miracles, the abrogation of prior religious laws, Jesus's future descent, and the imamate of Ali ibn Abi Talib.
- Chapter Five: Issues Pertaining to Epistemology and Scriptural Reception (al-Istidlal wal-Talaqqi): Covers the moral probity of the Companions (adallat al-sahabah), divine inspiration (ilham), the interpretation of textual evidence according to intended usage, and the theological definition of Faith (haqiqat al-iman).
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