al-Qawanin al-Fiqhiyya

al-Qawanin al-Fiqhiyya (The Legal Ordinances) is a comparative legal manual by the Andalusian scholar Ibn Juzayy al-Kalbi (693–741 AH / 1294–1340 CE), summarizing the jurisprudence of the Maliki school alongside the positions of the Hanafi, Shafi'i, and Hanbali schools al-Qawanin al-Fiqhiyya+1.

Structure and Organization

Ibn Juzayy opens the work with a concise creedal exposition, stating that theological fundamentals (al-usul) take precedence over derived legal rulings (al-furu') Masadir al-Fiqh al-Maliki+1. He then divides the body of jurisprudence into two major divisions: acts of worship ('ibadat) and worldly transactions and legal interactions (mu'amalat) Masadir al-Fiqh al-Maliki+1.

Each division is structured into ten main books, and each book into ten chapters, establishing a framework of twenty books and two hundred chapters across both divisions Nataij al-Buhuth wa Khawa…+1:

• First Division (Worship): comprises ten books covering ritual purity, prayer, funerals, zakat, fasting and spiritual retreat, hajj, jihad, oaths and vows, foods, drinks, hunting, and animal slaughter, and sacrificial offerings, birth sacrifices, and circumcision al-Qawanin al-Fiqhiyya.
• Second Division (Transactions): comprises ten books covering marriage, divorce and related issues, sales, contracts resembling sales, adjudications and testimonies, chapters related to judicial procedures, bodily injuries and prescribed penalties, gifts and related transfers, emancipation, and inheritance shares and wills al-Qawanin al-Fiqhiyya.

The text concludes with an independent comprehensive book (Kitab al-Jami'), which contains twenty chapters Masadir al-Fiqh al-Maliki+1. Ibn Juzayy noted that he confined the book to this symmetrical scheme by pairing related subjects together, appending legal branches to their root cases, and gathering topics under single unified headings that other jurists dispersed across separate sections Nataij al-Buhuth wa Khawa…+1.

Method and Terminology

In presenting each legal issue, the author prioritizes the Maliki position before mentioning the doctrines of other jurists, either explicitly or through allusions Masadir al-Fiqh al-Maliki. If no disagreement is cited regarding a ruling, it generally indicates a consensus or absence of reported dispute on the matter Masadir al-Fiqh al-Maliki.

To maintain brevity, Ibn Juzayy established a standardized system of technical shorthand in his introduction Masadir al-Fiqh al-Maliki:

• Consensus (ijma' or ittifaq): denotes the consensus of the Muslim community Masadir al-Fiqh al-Maliki.
• The majority (al-jumhur): denotes general scholarly agreement, excluding anomalous views Masadir al-Fiqh al-Maliki.
• The four (al-arba'a): refers to Malik ibn Anas, al-Shafi'i, Abu Hanifa, and Ahmad ibn Hanbal, implying possible divergence outside their schools Masadir al-Fiqh al-Maliki.
• A group held (qala qawm) or contrary to a group (khilafan li-qawm): signifies positions outside the four mainstream Sunni schools Masadir al-Fiqh al-Maliki.
• The three (al-thalatha): denotes Malik, al-Shafi'i, and Abu Hanifa, signifying that Ahmad ibn Hanbal differed or that no ruling was transmitted from him on the issue Masadir al-Fiqh al-Maliki.
• The two imams (al-imaman): designates Malik and al-Shafi'i Masadir al-Fiqh al-Maliki.
• Dual pronouns (such as 'indahuma or khilafan lahuma): refer collectively to al-Shafi'i, Abu Hanifa, and Ahmad Masadir al-Fiqh al-Maliki.
• Internal Maliki terminology: al-madhhab refers to the school's doctrine; al-mashhur (which is typically stated first) indicates its dominant or well-known position amidst intra-school variance; phrases like qila kadha ("it is said") or ikhtulifa ("there is disagreement") signal internal differences; and two narrations (riwayatan) refers to two transmitted reports from Malik himself Masadir al-Fiqh al-Maliki+1.