al-Rudud wa al-Nuqud Sharh Mukhtasar Ibn al-Hajib

Author died
786 AH
Editions
Maktabat al-Rushd Nāshirūn

al-Rudud wa al-Nuqud Sharh Mukhtasar Ibn al-Hajib (The Refutations and Critiques: Commentary on Ibn al-Hajib's Abridgment), also titled al-Nuqud wa al-Rudud, is a three-volume commentary on legal theory (usul al-fiqh) by the Hanafi jurist al-Babarti (d. 786 AH / 1384 CE) .

Background and Composition

The work is a commentary on Mukhtasar al-Muntaha (also known as Mukhtasar Ibn al-Hajib), an abridgment by the Maliki jurist Ibn al-Hajib (d. 646 AH) of his own legal theory treatise, Muntaha al-Sul wa-al-Amal fi 'Ilmay al-Usul wa-al-Jadal . al-Babarti composed the work after completing his commentary on Adud al-Din al-Iji's theological work al-Mawaqif, titled al-Kawashef al-Burhaniyyah, whereupon he turned his scholarly attention to legal theory . He regarded Ibn al-Hajib's abridgment as the finest text in the field and considered the commentary written by his teacher al-Iji to be the preeminent commentary on it, having studied that commentary directly under al-Iji himself .

Methodology and Sources

al-Babarti utilized ten other commentaries on Ibn al-Hajib's abridgment that had come into his possession . These comprised seven widely circulating commentaries by prominent scholars—Qutb al-Din al-Shirazi, Rukn al-Din al-Mawsili, Jamal al-Din al-Hilli, Zayn al-Din al-Khunji, Shams al-Din al-Isfahani, Badr al-Din al-Tustari, and Shams al-Din al-Khatibi—as well as three lesser-known commentaries .

His method was to use al-Iji's commentary as the primary framework of his investigation, weaving into it selections from the other seven commentaries and occasionally from the remaining three . Where his analysis aligned with al-Iji, he maintained his teacher's position; where he differed or encountered opposing arguments from other commentators, he addressed their statements with critical appraisal (naqd) and systematic refutation (radd), giving rise to the book's title .

Academic Study and Editions

The text was edited and studied as academic dissertations submitted to the Islamic University of Madinah in 1415 AH (1994–1995 CE) by Tarhib ibn Rubay'an al-Dawsari and Dayfallah ibn Salih al-Umari, and it was published by Maktabat al-Rushd .

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