al-Takhrij inda al-Fuqaha wa al-Usuliyyin

al-Takhrij inda al-Fuqaha wa al-Usuliyyin: Dirasah Nazariyyah Tatbiqiyyah Ta'siliyyah ("Legal Derivation According to Jurists and Legal Theorists: A Theoretical, Applied, and Foundational Study") is a work on Islamic jurisprudence and legal theory by Yaqoub ibn Abd al-Wahhab al-Bahisin (d. 1443 AH / 2021–2022 CE), published by Maktabat al-Rushd in Riyadh al-Takhrij inda al-Fuqaha….

Background and Purpose

The author composed the work after teaching the subject of deriving legal branches from fundamental principles (takhrij al-furu' 'ala al-usul) to postgraduate students at Imam Muhammad ibn Saud Islamic University al-Takhrij inda al-Fuqaha…. Finding no unified curriculum or comprehensive source addressing the subject at the time—and noting that postgraduate curricula such as that at Umm al-Qura University covered definitions, origins, sources, and distinctions from related genres—he compiled his research to provide a theoretical, applied, and foundational treatment of takhrij across legal and theoretical disciplines al-Takhrij inda al-Fuqaha…+1.

Structure and Contents

The book is structured into an introduction (tamhid), two main parts (bab), and a conclusion (khatimah) al-Takhrij inda al-Fuqaha…+1:

• Introduction: Examines the linguistic origins of the term takhrij, distinguishing its technical meanings among hadith scholars from its usage among jurists and legal theorists al-Takhrij inda al-Fuqaha…+1.
• Part One (Types of Derivation): Divided into three chapters covering the main categories of takhrij:
  1. Takhrij al-usul min al-furu': Deriving fundamental principles from existing legal branches, its historical development, examples, and the ruling on attributing such derived principles to the founding imams al-Takhrij inda al-Fuqaha…+1.
  2. Takhrij al-furu' 'ala al-usul: Constructing branch rulings upon fundamental principles, including a survey of key historical works written in this field, such as Ta'sis al-Nazar, Takhrij al-Furu' 'ala al-Usul, Miftah al-Wusul, al-Tamhid, and al-Qawa'id wa al-Fawa'id al-Usuliyyah al-Takhrij inda al-Fuqaha…+1.
  3. Takhrij al-furu' 'ala al-furu': Deriving new branch rulings by analogizing them to established branch rulings within a school of law al-Takhrij inda al-Fuqaha…+1.
• Part Two (The Derivers and Derived Rulings): Divided into three chapters addressing the practitioners of takhrij and the nature of the derived rulings:
  1. The ranks of derivers (mukharrijun) within the biographical ranks (tsabaqat) of jurists al-Takhrij inda al-Fuqaha….
  2. The conditions and scholarly qualifications required for practitioners of takhrij al-Takhrij inda al-Fuqaha….
  3. The classifications, authority, and nomenclature of extrapolated legal rulings (al-ahkam al-mukharrajah) al-Takhrij inda al-Fuqaha…+1.
• Conclusion: Presents practical applications of takhrij to contemporary legal issues based on the principles and branches of earlier imams, followed by an evaluation of the historical impact and shortcomings of relying on extrapolated legal tradition al-Takhrij inda al-Fuqaha…+1.