al-Muttali ala Daqaiq Zad al-Mustaqni «Fiqh al-Jinayat wal-Hudud»
- Author died
- 1438 AH
- Editions
- Dār Kunūz Ishbīlyā lil-Nashr wa-al-Tawzī‘
al-Muttali‘ ‘ala Daqa’iq Zad al-Mustaqni‘: Fiqh al-Jinayat wal-Hudud (The Examiner of the Intricacies of Zad al-Mustaqni‘: The Jurisprudence of Felonies and Prescribed Penalties) is a four-volume treatise on Hanbali criminal law and penal jurisprudence authored by Abd al-Karim al-Lahim (d. 1438 AH / 2016 CE) . The work provides an exhaustive, systematically organized commentary and analysis of the chapters on homicides, injuries, and fixed punishments from the classical Hanbali manual Zad al-Mustaqni‘ fi Ikhtisar al-Muqni‘ by al-Hajjawi .
Background and Context
The book forms part of al-Lahim's broader multivolume jurisprudential project dedicated to explaining and structuring the legal topics of Zad al-Mustaqni‘ . As noted in the author's preface to this section, he prepared and published Fiqh al-Jinayat wal-Hudud as a continuation of his earlier installments on financial transactions (Fiqh al-Mu‘amalat al-Maliyyah) and family law (Fiqh al-Usrah), intending it for readers, researchers, and instructors .
Scope and Structure
The work is organized into detailed thematic subjects (mawdu‘), chapters (mabhath), sections (matlab), and specific legal points (mas’alah / juz’iyyah) . Its subject matter is divided across four volumes:
- Volume 1: Opens with the jurisprudence of felonies (jinayat), examining the linguistic and technical definitions of offenses, their legal rulings, foundational proofs, the methods of establishing guilt (such as clear testimony [bayyinah] and confession [iqrar]), the types of transgressions, and the provisions governing retaliation (qisas) for homicide and bodily harm .
- Volume 2: Treats the financial compensation for injury and loss of life (diyat), concluding the broader topic of felonies with the rules of qasamah (compounded oaths taken in unresolved homicide claims) .
- Volumes 3 and 4: Dedicated to the jurisprudence of prescribed penalties (hudud), detailing the offenses, statutory punishments, procedural requirements, and discretionary sanctions (ta‘zir) .
Method and Analytical Style
Al-Lahim's presentation is characterized by rigorous classification, analytical outlining, and systematic substantiation . For each legal question, he delineates the exact ruling, provides its textual proofs (adillah) from the Quran and the Sunnah, and presents the underlying legal and rational justification (al-tawjih or al-dalil min al-ma‘qul) .
He distinguishes between general and specific legal categories; for example, he examines jinayah in its general sense as any transgression against religion, intellect, body, honor, or property, before focusing on its specific technical meaning in Hanbali fiqh as unlawful physical aggression against the body entailing retribution, monetary indemnity, or expiation . When evaluating legal positions and procedural outcomes, he explicitly addresses hypothetical scenarios and diverging legal interpretations with their corresponding arguments .
Publication History
The first edition of al-Muttali‘ ‘ala Daqa’iq Zad al-Mustaqni‘: Fiqh al-Jinayat wal-Hudud was published in Riyadh by Dar Kunuz Ishbilya li-l-Nashr wal-Tawzi‘ in 1432 AH / 2011 CE, in four printed volumes .
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