Jami al-Masail wa al-Qawaid fi Ilm al-Usul wa al-Maqasid
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- Dar al-Lu'lu'ah lil-Nashr wa-al-Tawzi'
Jami al-Masail wa al-Qawaid fi Ilm al-Usul wa al-Maqasid (The Compendium of Issues and Principles in the Science of Legal Theory and Legal Objectives) is a multi-volume contemporary treatise on Islamic jurisprudence and legal theory authored by Abd al-Fattah ibn Muhammad ibn Musaylihi . The work systematically combines traditional legal theory (usul al-fiqh) with the higher objectives of Islamic law (maqasid al-shariah) .
Purpose and Methodology
The author prepared the work to integrate the two primary branches of legal theory: the first investigating textual proofs, modes of deduction, and the qualifications of the jurist; and the second addressing maqasid, which examines the underlying rationale and wisdom behind divine rulings . Musaylihi emphasizes the practical application of theoretical rules to substantive jurisprudence (fiqh), theology (aqidah), and contemporary reality, aiming to connect legal rulings with social circumstances and customs while maintaining established legal constants .
In the preparation of the work, the author received editorial and research assistance from several colleagues and students of knowledge, including Muhammad Jad, Ahmad Izzat, Majdi Mahmud, Ibrahim Zakariyya, Umar al-Sayyid Umar, Sayyid Suwaylim, Muhammad Nabil, and Mahmud al-Awfi, who assisted in checking the authenticity of the cited hadiths .
Structure and Contents
The work is organized across four main volumes:
- Volume 1 (Preliminaries): Divided into four chapters covering misconceptions raised against usul al-fiqh and their rebuttals, the ten foundational principles of the science, its historical emergence and developmental stages, and introductory concepts and terminology .
- Volume 2 (Legal Evidences): Dedicated to the proofs and sources of Islamic legal rulings (adillat al-ahkam) .
- Volume 3 (Methods of Derivation): Contains nine chapters covering linguistic and interpretive derivations, including commands (al-amr), prohibitions (al-nahy), the general and specific (al-amm wa al-khass), the absolute and qualified (al-mutlaq wa al-muqayyad), the apparent and interpreted (al-zahir wa al-muawwal), the unelaborated and clarified (al-mujmal wa al-mubayyan), explicit and implicit significations (al-mantuq wa al-mafhum), abrogation (al-naskh), and the hierarchy of evidences alongside contradiction and preference (tartib al-adillah wa al-taarud wa al-tarjih) .
- Volume 4 (Ijtihad, Fatwa, Taqlid, and Maqasid): Comprises two chapters; the first focuses on independent reasoning (ijtihad), issuing legal opinions (fatwa), and legal conformity (taqlid), while the second covers the objectives of Islamic law (maqasid al-shariah) .
The book concludes with a dedicated practical section providing applied drills and exercises for the principles of usul al-fiqh to cultivate legal and analytical skills in students and researchers .
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