al-Mutlaq wa al-Muqayyad
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- Deanship of Scientific Research at the Islamic University of Madinah
al-Mutlaq wa al-Muqayyad (The Absolute and the Qualified) is a specialized treatise on Islamic legal theory (usul al-fiqh) by the contemporary scholar Hamad bin Hamdi al-Saidi . The work investigates the hermeneutical rules governing unrestricted expressions (al-mutlaq) and qualified expressions (al-muqayyad), examining the theoretical disagreements among juristic schools and their practical effects on substantive law (furu al-fiqh) .
Origin and Publication
The work originated as an academic master's thesis submitted to the Department of Usul al-Fiqh in the Higher Studies division of the Islamic University of Madinah under the title al-Mutlaq wa al-Muqayyad wa Atharuhuma fi Ikhtilaf al-Ahkam (The Absolute and the Qualified and Their Impact on Juristic Disagreement) . Written under the supervision of Muhammad Abd al-Rahman Mandur, the dissertation was defended on 24 Muharram 1403 AH (1982 CE) . It was later published in Madinah by the university's Deanship of Scientific Research in 1423 AH (2002 CE) .
Purpose and Method
The author composed the study to provide an exhaustive treatment of the rules of absolute and qualified terms, noting that classical treatises on legal theory had treated the subject in general, summary terms compared to the extensive attention given to general (al-amm) and particular (al-khass) expressions . The study also aimed to demonstrate the harmony among scriptural proofs, clarify the methodological roots of legal divergence between the various schools, and connect theoretical legal principles directly to practical rulings .
In approaching the topic, the author defines each term linguistically and technically before presenting scholarly opinions and their supporting arguments . Counterarguments are addressed immediately after each proof, followed by comparative analysis and juristic weighing (tarjih) based on textual evidence and the higher objectives of Islamic law . In substantive legal applications, citations are drawn directly from the authoritative source texts of each respective madhhab . The footnotes systematically verify Quranic verses, provide hadith gradings and references to canonical collections, and offer brief biographical notices for mentioned scholars .
Structure and Content
The book is structured into an introduction, a preliminary study, three core parts (abwab), and a conclusion :
- Preliminary Study (Tamhid): Treats the division of significant expressions into the general and the specific, covering definitions, linguistic formulations, commands, and prohibitions .
- Part One: Explores the reality and signification of absolute and qualified speech in two chapters, analyzing linguistic and technical definitions, the distinction between the absolute and the indefinite noun (al-nakirah) or the general, and the legal status of each .
- Part Two: Discusses the qualification of the absolute by the qualified (haml al-mutlaq ala al-muqayyad) across three chapters. It addresses conditions of qualification, consensus and dispute, the causes of disagreement—including the opposing arguments surrounding divergent concepts (mafhum al-mukhalafah) and addition to the text (al-ziyadah ala al-nass)—and practical branches in ritual purification, prayer, penal laws (hudud), and expiations (kaffarat) .
- Part Three: Treats qualifying elements (muqayyidat), opening with the distinction between qualification (taqyid), specification (takhsis), and abrogation (naskh), followed by chapters on connected qualifiers (al-muttasilah) and detached qualifiers (al-munfasilah) .
- Conclusion: Summarizes the key results and findings deduced throughout the study .
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