Mabahith al-Amr allati Intaqadaha Shaykh al-Islam Ibn Taymiyya fi Majmu al-Fatawa
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Mabahith al-Amr allati Intaqadaha Shaykh al-Islam Ibn Taymiyya fi Majmu al-Fatawa (Legal Command Inquiries Criticized by Shaykh al-Islam Ibn Taymiyya in Majmu al-Fatawa) is a specialized treatise on legal theory (usul al-fiqh) by Sulayman bin Sulaym Allah al-Ruhayli . The work investigates legal topics concerning the concept of command (al-amr) that Ibn Taymiyya (661–728 AH / 1263–1328 CE) critiqued across the volumes of his compendium Majmu al-Fatawa .
Purpose and Background
Al-Ruhayli composed the treatise as part of a larger project aiming to restore legal theory to its early Salafi foundation and extract foreign elements—such as scholastic theology (kalam) and Aristotelian logic—that were integrated into usul works after al-Shafi'i . Identifying Ibn Taymiyya as a prominent analytical critic of post-classical legal theory, the author surveyed Majmu al-Fatawa to compile an encyclopedia of Ibn Taymiyya’s usul positions directly from his statements . The project was divided into sections, beginning with usul definitions and followed by critiques of usul doctrines, of which this treatise on the rulings of command served as the inaugural publication .
Method
The author adopted an inductive approach (istiqra'), examining all volumes of Majmu al-Fatawa to locate and compile Ibn Taymiyya’s discussions on disputed legal commands . The core text (matn) is constructed entirely from Ibn Taymiyya’s own words, harmonized and enclosed in quotation marks with volume and page citations to Majmu al-Fatawa . In the apparatus, al-Ruhayli documented Quranic verses, referenced and evaluated hadiths not found in the two Sahih collections, defined technical legal terms, provided biographical entries for cited authorities, and added explanatory footnotes .
Structure and Contents
The book is arranged into an introduction, a preparatory prologue, two primary inquiry chapters (mabhath), a conclusion, and analytical indexes :
- Prologue (al-Tamhid): Divided into two sections:
- A biographical sketch of Ibn Taymiyya covering his lineage, upbringing, characteristics, teachers, students, trials, works, and death .
- An analytical overview of Ibn Taymiyya’s critical methodology in Majmu al-Fatawa, detailing how he attributed erroneous views to theological sects (such as the Qadariyya, Jahmiyya, Mu'tazila, and Ash'arite theologians), highlighted internal contradictions, and linked usul divergences back to creedal disputes .
- First Inquiry (al-Mabhath al-Awwal): Focuses on the relationship between divine will (al-irada) and legal command (al-amr) . It explores the origin of the controversy in theological discussions of divine decree (qadar) and addresses the necessity of distinguishing between universal existential will (al-irada al-kawniyya) and religious legislative will (al-irada al-shar'iyya al-diniyya) . It reviews the positions of the Qadariyya and Mu'tazila, the Jahmiyya and Ash'arites, and the early consensus of the Salaf .
- Second Inquiry (al-Mabhath al-Thani): Addresses whether a single act can be simultaneously commanded and prohibited (al-'amal al-wahid hal yajuz an yakun ma'muran bihi manhiyyan 'anhu?) . It examines the foundational roots of the issue, details the competing opinions across legal and theological traditions, and establishes the preferred resolution based on Ibn Taymiyya's textual synthesis .
- Conclusion (al-Khatima): Summarizes the primary findings of the two inquiries, followed by reference and subject indexes .
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