al-Tamhid fi Usul al-Fiqh
- Author died
- 510 AH
- Editions
- Markaz al-Baḥth al-‘Ilmī wa-Iḥyā’ al-Turāth al-Islāmī - Jāmi‘at Umm al-Qurá
al-Tamhid fi Usul al-Fiqh (Paving the Way in Legal Theory) is a treatise on Islamic jurisprudence and legal theory by the Hanbali jurist and legal theorist Abu al-Khattab al-Kalwadhani (432–510 AH / 1041–1116 CE) .
Scope and Methodology
Originally composed as a single extensive volume, the work is classified among the major comprehensive manuals in Hanbali legal theory . Al-Kalwadhani begins the text by examining the definition of jurisprudence (fiqh) and legal theory (usul al-fiqh), setting forth both their linguistic and legal meanings .
The author adopted the methodology of early legal theorists, presenting the doctrines of jurists across schools while giving precedence to the positions of Ahmad ibn Hanbal . Each legal question is supported by textual evidence, rational derivation, and systematic legal reasoning (ta'lil) . Throughout the book, al-Kalwadhani addresses potential counterarguments, responds to opposing views, and clarifies the positions he considers correct and preponderant . In citing his teachers, he frequently uses the phrase "our shaykh said" (qala shaykhuna), intending thereby either al-Qadi Abu Ya'la or Abu al-Hasan al-Tamimi .
Reception and Transmission
The book was documented by bibliographers and historians, including Ibn Rajab in al-Dhayl 'ala Tabaqat al-Hanabila, al-Dhahabi in Siyar A'lam al-Nubala'—where he referred to it as Kitab Usul al-Fiqh—and Mujir al-Din al-'Ulaymi in al-Manhaj al-Ahmad . Later Hanbali scholars relied directly on its contents, including Ibn al-Lahham in al-Qawa'id al-Usuliyya and Ibn al-Najjar al-Futuhi in Sharh al-Kawkab al-Munir .
Surviving manuscripts include:
- A complete copy preserved in the Zahiriyya Library in Damascus (MS 2801, 221 folios), transcribed from an exemplar in the handwriting of Ibn Qudama .
- A manuscript preserved at Imam Mohammad Ibn Saud Islamic University, transcribed in 1353 AH .
- Two manuscripts in Medina: one at the library of Ribat Mazhar and another at the library of Shaykh Muhammad Mazhar al-Faruqi (MS 31, 300 folios), both transcribed in 601 AH .
Editions
Al-Tamhid fi Usul al-Fiqh was edited by Mufid Muhammad Abu 'Amshah and Muhammad ibn 'Ali ibn Ibrahim and published in four volumes by the Center for Scientific Research and Islamic Heritage Revival at Umm al-Qura University in Mecca in 1406 AH .
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