Bina al-Furu ala al-Furu - min Kashshaf al-Qina
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- Bina al-Furu ala al-Furu - min Kashshaf al-Qina
Bina al-Furu ala al-Furu - min Kashshaf al-Qina (The Construction of Substantive Rulings upon Substantive Rulings in Kashshaf al-Qina) is a specialized jurisprudential study and doctoral dissertation by Hasanah bint Sa'id Mu'ayyad al-Qarni, presented in 1446 AH (2025 CE) at Umm al-Qura University under the supervision of Huwayda Bakhit al-Luhaybi al-Harbi . The work investigates the Hanbali methodology of deriving and linking secondary legal branches (furūʿ) directly from other substantive branches (bināʾ al-furūʿ ʿalā al-furūʿ), focusing on the commentary Kashshaf al-Qina by Mansur al-Buhuti .
Scope and Objectives
The study focuses on the section of marriage (Kitāb al-Nikāḥ), the unique legal characteristics of the Prophet (Khaṣāʾiṣ al-Nabī), and the chapter on physical defects in marriage (Bāb al-ʿUyūb fī al-Nikāḥ) in al-Buhuti's Kashshāf al-Qināʿ . Its declared aims include:
- Surveying and enumerating the instances where secondary rulings are built upon other secondary rulings within the defined legal chapters .
- Analyzing both explicit and implicit terminology used by Hanbali jurists to indicate such legal constructions .
- Clarifying the categories and principles of bināʾ and detailing al-Buhuti's specific method of constructing legal branches in his work .
Structure and Contents
The dissertation employs an inductive-analytical methodology and is divided into an introduction, two main parts, a conclusion, and appendices :
- Theoretical Section (al-Qism al-Naẓarī): Begins with an introductory overview of the concept, importance, rules, and general and specific categories of bināʾ, as well as its relationship to legal analogy (qiyās) and juristic derivation (takhrīj) . It includes a chapter introducing Kashshāf al-Qināʿ, its base text al-Iqna by Musa al-Hajjawi, and al-Buhuti's biography and sources . A second chapter examines the characteristics, structural forms, and expressions of bināʾ across Hanbali literature and in al-Buhuti's work specifically .
- Applied Section (al-Qism al-Taṭbīqī): Spans eleven chapters analyzing individual legal cases of bināʾ within the designated scope of the marriage chapters in Kashshāf al-Qināʿ .
Methodology and Findings
In her analysis, the author identifies roughly 140 legal branches constructed upon other rulings within the studied text . The study concludes that bināʾ is broader in scope than both takhrīj and qiyās, structured in three hierarchical ranks: bināʾ, followed by takhrīj, and then qiyās .
The author establishes that Hanbali expressions of bināʾ include explicit phrasings (such as bināʾan ʿalā, yatakharraju ʿalayh, and wa-ʿalā qiyās), as well as implicit indicators through similes, conjunctions, and causal particles . In the examined material, construction attributed to al-Buhuti accounted for sixty-five percent of the cases, while constructions stemming from al-Hajjawi represented forty-four percent . The study also identifies three unique derivations where al-Buhuti was unheralded by earlier Hanbali authorities .
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