Bughyat al-Muqtasid Sharh Bidayat al-Mujtahid
- Author died
- 1431 AH
- Editions
- Dār Ibn Ḥazm
Bughyat al-Muqtasid Sharh Bidayat al-Mujtahid (The Objective of the Prudent: Commentary on the Beginning for the Mujtahid) is an extensive commentary by the Saudi jurist Muhammad ibn Hammud al-Waeli (1359–1431 AH / 1940–2010 CE) on Ibn Rushd al-Hafid’s (d. 595 AH / 1198 CE) celebrated comparative jurisprudence manual, Bidayat al-Mujtahid wa-Nihayat al-Muqtasid.
Origin and Composition
The work originated from an oral teaching cycle delivered by al-Waeli at the Prophet's Mosque in Madinah. He had previously declined requests to teach there due to his administrative and academic commitments at the Islamic University of Madinah, but he began the commentary in 1416 AH after the annual pilgrimage concluded. He selected Bidayat al-Mujtahid because he had taught and examined it extensively at the university. The course spanned eight continuous years and comprised 849 recorded audio lessons.
The commentary was subsequently transcribed and edited for publication from the audio recordings by Kamila al-Kuwari and an editorial team.
Methodology and Characteristics
Al-Waeli’s commentary is characterized by several legal, pedagogical, and critical methods:
- Legal Theory and Maxims: The author explains legal maxims (qawa'id fiqhiyya) and principles of legal theory (usul al-fiqh) underlying Ibn Rushd's text—such as whether a minor ritual impurity is subsumed under a major one, the principle that custom is authoritative (al-'adah muhakkamah), and whether prohibition carries an intelligible rationale or is purely devotional.
- Supplying Omitted Positions: He identifies positions of Imam Ahmad ibn Hanbal that Ibn Rushd had omitted, demonstrating a thorough command of the Hanbali school.
- Hadith Criticism: Al-Waeli evaluates the authenticity and defects ('ilal) of transmitted narrations, distinguishes between prophetic traditions (hadith), Companion reports (athar), and general transmissions (khabar), notes when Ibn Rushd relied on weak proofs while excusing him on the basis that hadith was not his primary craft, and points out errors in Ibn Rushd's attribution of narrations.
- Lexical and Terminological Clarification: He explains obscure vocabulary occurring in the base text (such as jawzah and mudyah) and defines specialized terminology of the Maliki school.
- Independent Assessment: Rather than deferring automatically to the majority of scholars (jumhur), he weighs the evidence presented by all sides and prefers the opinion supported by sound proof and clear reasoning.
- Critique of Ibn Rushd: He points out structural inconsistencies where Ibn Rushd departed from his stated purpose of covering only major principles and instead indulged in detailed branches of Maliki jurisprudence to the exclusion of other schools. He also affirms traditional Sunni creed against theological and philosophical viewpoints found in Ibn Rushd’s writings.
- Pedagogical and Ethical Tone: Al-Waeli emphasizes practical illustrations to clarify complex rulings, urges students to avoid rigid intolerance in legal branches, and incorporates spiritual reminders, Arabic poetry, and moral instruction into his legal lectures.
Editorial Additions and Documentation
In preparing the spoken lectures for print, the editor instituted an apparatus to ensure textual precision and scholarly documentation:
- The base text of Bidayat al-Mujtahid was vocalized and distinguished from the commentary through contrasting print color.
- The positions of the four Sunni schools cited by Ibn Rushd were cross-referenced directly against authoritative reference works of each madhhab (such as Mukhtasar al-Quduri and Radd al-Muhtar for the Hanafis; the commentaries of al-Dardir for the Malikis; Minhaj al-Talibin and its commentaries for the Shafi'is; and Sharh Muntaha al-Iradat, al-Iqna', and Matalib Uli al-Nuha for the Hanbalis).
- Sections of Bidayat al-Mujtahid that al-Waeli had passed over during his live lectures were supplied by the editor in a different font color to complete the work, namely: chapters four and five of the Book of Purification (Kitab al-Tahara); the latter part of the Book of Pilgrimage (Kitab al-Hajj) from the consensus on repeating the pebble-throwing if it misses the 'Aqaba pillar; the conclusion of the Book of Divorce (Kitab al-Talaq); and the beginning of the Book of Theft (Kitab al-Sariqa) up to the consensus on amputating the left foot after the right hand.
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