Matali al-Daqaiq fi Tahrir al-Jawami wa al-Fawariq
- Author died
- 772 AH
- Editions
- Dar al-Shorouk
Matali al-Daqaiq fi Tahrir al-Jawami wa al-Fawariq (The Risings of Subtle Points in Determining Commonalities and Distinctions) is a treatise on legal distinctions (al-furuq al-fiqhiyya) in Shafi'i jurisprudence by Jamal al-Din al-Isnawi (d. 772 AH / 1370 CE) .
Purpose and Scope
In his introduction, al-Isnawi notes that examining legal scenarios that share similar premises but yield differing legal rulings stimulates scholarly intellect and sharpens legal insight . He observes that previous Shafi'i scholars had authored works addressing this genre, dividing them into texts dedicated specifically to legal distinctions and broader works covering pedagogical riddles and tests of legal aptitude . Among earlier works he references are:
- al-Jam' wa al-Farq (Combining and Distinguishing) by Abu Muhammad al-Juwayni
- al-Wasa'il fi Furuq al-Masa'il (The Means Regarding Distinctions in Legal Issues) by Abu al-Khayr Salama ibn Isma'il Ibn Jama'a al-Maqdisi
- al-Mutarahat (Scholarly Interrogations) by Abu Abd Allah Muhammad ibn Ahmad al-Qattan
- al-Muskit (The Silencer) by Abu Abd Allah al-Zubayri
- al-Mu'ayah (Legal Conundrums) by Abu al-Abbas Ahmad ibn Muhammad al-Jurjani
Structure and Method
The work is organized according to the traditional thematic chapters of substantive jurisprudence (abwab al-fiqh) . Under each chapter, al-Isnawi presents pairs of similar legal cases (furu'), mentions the underlying common ground (al-jami') connecting them if it is not immediately apparent, and clarifies the essential legal distinction (al-farq) that accounts for their differing rulings . He generally documents and attributes the cases and distinctions to the classical sources from which he cited them . In total, the text encompasses 394 legal distinctions .
Manuscripts and Editions
Bibliographer Haji Khalifa recorded the work as a concise manual (mukhtasar), noting its opening phrase: "الحمد لله العليم بفوارق المشتبهات" ("Praise be to God, the Knower of distinctions between resembling matters") .
The work was critically edited by Nasr Farid Wasil as a doctoral thesis at the Faculty of Sharia and Law at Al-Azhar University in 1392 AH, and was later published in two volumes by Dar al-Shorouk in Cairo in 2007 CE . An original manuscript is preserved in the General Awqaf Library in Baghdad under manuscript number 3959 .
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