Mizan al-Usul fi Nataij al-Uqul
- Author died
- 540 AH
- Editions
- Matabi' al-Dawhah al-Hadithah
Mizan al-Usul fi Nataij al-Uqul (The Scale of Principles in the Outcomes of Intellects) is a foundational treatise on legal theory (usul al-fiqh) composed by the Hanafi jurist and theologian Ala al-Din al-Samarqandi (d. 539 AH / 1144 CE; also reported as 540, 552, or 553 AH) .
Background and Methodology
In the prologue, al-Samarqandi establishes that legal theory (usul al-fiqh) is intrinsically a branch of speculative theology (usul al-kalam), asserting that any systematic exposition of legal principles must necessarily align with the author’s theological convictions . He critiques earlier literature on usul al-fiqh, noting that many treatises were produced either by Mu'tazila scholars—who diverged from the Sunni majority on foundational theological principles—or by traditionalist scholars (Ahl al-Hadith) who differed from the Hanafi school in practical legal rulings (furu'); he argues that uncritical reliance on either tradition leads to doctrinal or juridical errors .
Al-Samarqandi further classifies earlier Hanafi treatises into two main categories:
- Highly rigorous works composed by masters of both theology and law—such as Abu Mansur al-Maturidi's Ma'akhidh al-Shar' and Kitab al-Jadal—which later fell out of circulation due to their demanding technical language or student neglect .
- Well-arranged works whose authors focused purely on deriving legal principles from transmitted texts without thorough grounding in theological subtleties, occasionally leading them to inadvertently adopt opposing theological positions on certain points .
To bridge this divide, al-Samarqandi designed Mizan al-Usul to establish Hanafi legal theory upon clear theological foundations rooted in orthodox Maturidism while systematically evaluating differing viewpoints .
Structure and Scope
The book is structured around four primary divisions (fusul):
- Legal Rulings (bayan al-ahkam), discussing the nature of rulings, the Lawgiver, and normative categories .
- The Sources of Rulings (fi bayan ma tu'rafu bihi al-ahkam), exploring textual and rational proofs including the Quran, the Sunnah, consensus, and analogy .
- Conflict of Evidence (ta'arud al-adilla), outlining principles of reconciling apparently conflicting textual indicators and preference methods .
- Legal Capacity and Accountability (ahliyyat al-ahkam), examining the conditions of human capacity, impediment, and responsibility .
The text is noted for its ordered sequencing, logical progressions between issues, and clear delineations between valid and invalid arguments .
Manuscripts and Publication
Manuscript copies of Mizan al-Usul are preserved in various collections, including the Murad Mulla Library and Istanbul University in Turkey, Princeton University in the United States, and the Biruni Institute of Oriental Studies in Tashkent .
The work was edited and published for the first time by Muhammad Zaki Abd al-Barr and released under the auspices of the Department for the Revival of Islamic Heritage in Qatar . The edition relied primarily on Murad Mulla Manuscript No. 719, completed on 16 Ramadan 772 AH in the locality of 'Ussan near Aleppo, alongside Manuscript No. 97 from the Riwaq al-Arwam collection at Al-Azhar (National Library of Egypt, No. 26559 B) .
Answer updated