al-Risala al-Nadiyya fi al-Qawaid al-Fiqhiyya
- Author died
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- Editions
- Maktabat al-‘Ulūm wa-al-Ḥikam
al-Risala al-Nadiyya fi al-Qawaid al-Fiqhiyya (The Dewy Epistle on Legal Maxims) is a concise treatise on Islamic legal maxims by the contemporary scholar Abu Salsabil Abd al-Fattah ibn Muhammad Musaylihi .
Purpose and Method
Musaylihi composed the work as an accessible introduction to the science of legal maxims (al-qawaʿid al-fiqhiyya), seeking to establish foundational principles with their textual proofs, clear phrasing, and abundant practical examples . In the introduction, he emphasized the close interconnection between substantive legal maxims (al-qawaʿid al-fiqhiyya) and principles of legal theory (al-qawaʿid al-usuliyya), comparing them to two full siblings emerging from the same niche .
Structure and Contents
The author divided the treatise into five primary sections (mabahith) followed by a concluding maxim:
- First Section: The ten preliminary principles (al-mabadi al-ashara) of the science of legal maxims .
- Second Section: Six key introductory distinctions, examining the connection of legal maxims to other Islamic disciplines, the distinction between legal maxims and principles of legal theory, the difference between a general legal maxim (qaida) and an area-specific regulatory rule (dabit), the differences between maxims and legal distinctions (furuq), the distinction between a legal maxim and broader legal theory (nazariyya), and the categories of legal maxims .
- Third Section: The overarching general maxim that "religion is built upon securing benefits and warding off harms" (الدين مبني على جلب المصالح ودرء المفاسد), to which all other maxims trace back .
- Fourth Section: The five major normative maxims (al-qawaid al-khams al-kubra), from which many subsidiary rules derive .
- Fifth Section: A selection of miscellaneous individual maxims chosen for their frequent application across substantive law (al-furu) .
Musaylihi concluded the work with the joint legal and theoretical maxim: "Forgiveness for error, forgetfulness, and duress" (العفو عن الخطأ والنسيان والإكراه), expressing the hope that God would forgive inadvertent oversights within the book .
Reception and Publication
The work received written endorsements from contemporary scholars. Mustafa al-Adawi reviewed the text from a hadith perspective, noting that the author took care to substantiate arguments with authentic narrations and incorporated numerous scholarly benefits . Abd al-Munji Sayyid Amin commended the book for its clarity, logical organization, combining of textual evidence with applied examples, and grounding in legal theory . The treatise was published by Maktabat al-Ulum wa-l-Hikam .
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