al-Tahqiq wa al-Bayan fi Sharh al-Burhan fi Usul al-Fiqh
- Author died
- 616 AH
- Editions
- Dar al-Diya' (special edition for the Ministry of Awqaf and Islamic Affairs - State of Qatar)
al-Tahqiq wa al-Bayan fi Sharh al-Burhan fi Usul al-Fiqh (Arabic: التحقيق والبيان في شرح البرهان في أصول الفقه, lit. 'The Verification and Clarification in Commentary on al-Burhan in Legal Theory') is a comprehensive legal theory treatise by the Maliki jurist Ali ibn Isma'il al-Abyari (d. 616 AH / 1219 CE; other reports give 617 AH or 618 AH), commenting on and critiquing al-Burhan fi Usul al-Fiqh by Abu al-Ma'ali al-Juwayni .
Background and Methodology
The base text, al-Burhan, was known among scholars for its intricate phrasing and independent theoretical positions, earning it the reputation of an intellectual puzzle that posed significant interpretive difficulties . While al-Juwayni belonged to the Shafi'i school, early commentary on the work was notably dominated by Maliki scholars . Taj al-Din al-Subki attributed this attention to two main factors: al-Juwayni's divergence from certain positions of Abu al-Hasan al-Ash'ari, which Maliki jurists sought to defend, and al-Juwayni's critique of Malik ibn Anas on topics such as public interest (al-masalih al-mursalah) .
Following the critical approach initiated by Abu Abd Allah al-Maziri, al-Abyari constructed al-Tahqiq wa al-Bayan not merely as an explanatory gloss, but as an extensive critical investigation and rebuttal (istidrak) of al-Juwayni's arguments . Scholars have noted that al-Abyari engaged in critical correction of al-Juwayni far more than standard text commentary . It represents one of the earliest and most complete surviving full commentaries on al-Burhan .
Reception and Influence
al-Tahqiq wa al-Bayan became a central reference for later legal theorists engaging with al-Burhan. Abu Yahya Zakariyya ibn Yahya al-Sharif al-Hasani al-Maghribi compiled a synthesis titled Kifayat Talib Ilm al-Bayan fi Sharh al-Burhan, merging the commentaries of al-Maziri and al-Abyari . Later jurists, including Nasir al-Din ibn al-Munayyir in his own works on al-Burhan, drew directly upon al-Abyari's commentary across numerous legal issues .
Manuscripts and Editions
An early manuscript containing the first volume of the commentary, transcribed during al-Abyari's lifetime in 614 AH, is held at the Murad Mulla Library in Istanbul . The text was edited by Ali ibn Abd al-Rahman Bassam al-Jaza'iri and published in four volumes by Dar al-Diya' in Kuwait in collaboration with the Ministry of Awqaf and Islamic Affairs of Qatar .
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