Dirasa wa Tahqiq Qaida al-Asl fi al-Ibadat al-Man
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- Dār Ibn al-Jawzī lil-Nashr wa-al-Tawzīʿ
Dirasa wa Tahqiq Qaida al-Asl fi al-Ibadat al-Man (A Study and Verification of the Legal Maxim: "The Default Rule Regarding Acts of Worship is Prohibition") is a specialized jurisprudential monograph by Muhammad ibn Husayn al-Jizani examining the legal maxim that acts of worship are fundamentally impermissible unless substantiated by explicit scriptural evidence . The book was published in a single volume (111 pages) by Dar Ibn al-Jawzi in Dammam, Saudi Arabia, in 1431 AH / 2010 CE .
Background and Scope
The work investigates the legal and theological foundation governing acts of worship (ʿibādāt), positing that servitude to God requires adhering strictly to divine commands and avoiding innovations . In the introduction, al-Jizani categorizes previous scholarly discussions of this maxim across five major disciplines :
- Legal theory (uṣūl al-fiqh), within discussions of analogical deduction (qiyās), validity and corruption (al-ṣiḥḥa wa-l-fasād), presumption of continuity (istiṣḥāb), the role of the Lawgiver (al-ḥākim), and whether prohibition entails invalidity.
- Objectives of Islamic law (maqāṣid al-sharīʿa), under the classification of human actions into acts of worship and customary practices (ʿādāt), as well as discussions of devotional obedience (taʿabbud) versus rationalized justification (taʿlīl).
- Legal maxims (al-qawāʿid al-fiqhiyya), principally as a branch of the universal maxim "Certainty is not removed by doubt" (al-yaqīn lā yazūlu bi-l-shakk).
- Treatises refuting religious innovations (al-bidaʿ), including works such as al-Turtushi's Kitab al-Hawadith wa-l-Bida (Book of Incidents and Innovations), Ibn Taymiyya's Iqtida al-Sirat al-Mustaqim (Following the Straight Path), and al-Shatibi's al-Itisam (Holding Fast).
- Creedal theology (ʿaqīda), concerning the exclusive devotion of worship to God (tawḥīd al-ʿibāda) .
Structure and Contents
The monograph consists of an introduction, a preliminary chapter, four main chapters, and a conclusion :
- Preliminary Chapter (al-Tamhīd): Addresses the question of whether the default principle across Islamic law is devotional adherence (taʿabbud) or underlying rationale (taʿlīl), outlining the points of dispute, proofs, preferred stance, and practical legal outcomes .
- Chapter One: Defines the constituent terms of the maxim (aṣl, ʿibāda, and manʿ) individually before explaining its comprehensive meaning .
- Chapter Two: Documents the maxim by detailing its various phrasings, examining related principles in legal theory and jurisprudence, presenting textual and rational proofs, and compiling statements of classical scholars .
- Chapter Three: Outlines practical applications, including the principle that the Names and Attributes of God are restricted to scriptural designation (tawqīfiyya), the wording of invocations (adhkār) is tawqīfī, the prohibition against extremism in religion (al-ghuluww fī al-dīn), and miscellaneous derived rulings .
- Chapter Four: Formulates four subsidiary maxims stemming from the main rule:
- Worship is established only through scriptural text (lā tathbutu al-ʿibāda illā bi-tawqīf).
- The default rule for restricted acts of worship is that they must be performed as restricted (al-aṣl fī al-ʿibādāt al-muqayyada: al-ityān bihā muqayyada).
- The default rule for unrestricted acts of worship is flexibility and breadth (al-aṣl fī al-ʿibādāt al-muṭlaqa: al-tawsiʿa).
- What is prescribed in general terms does not signify that it is prescribed in a specific manner (mā shuriʿa min al-ʿibādāt ʿalā wajh al-ʿumūm lā yadullu ʿalā mashrūʿiyyatihi ʿalā wajh al-khuṣūṣ) .
The book concludes with a summary of findings and a bibliography .
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