Sharh al-Waraqat fi Usul al-Fiqh - al-Diddu
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- Sharh al-Waraqat fi Usul al-Fiqh - al-Diddu
Sharh al-Waraqat fi Usul al-Fiqh (Commentary on the Leaflets in Legal Theory) is an instructional commentary by the contemporary Mauritanian scholar Muhammad al-Hasan al-Dadu al-Shinqiti on al-Waraqat fi Usul al-Fiqh, the classical introductory manual on Islamic jurisprudence written by Abu al-Ma'ali al-Juwayni (419–478 AH / 1028–1085 CE) .
Background and Purpose
The base text, al-Waraqat, was authored by the Shafi'i jurist and theologian al-Juwayni of Nishapur as an elementary manual introducing beginning students to essential terminology and core concepts in legal theory (usul al-fiqh) . In his commentary, al-Dadu notes that the title's use of waraqat—a plural of paucity in Arabic denoting a small number of sheets—underscores the manual's conciseness and pedagogical focus on fundamental principles without overwhelming learners . He highlights that al-Waraqat has enjoyed enduring acceptance across Islamic intellectual history, being widely studied, memorized, versified, and commented upon across generations .
Method and Content
Al-Dadu introduces the discipline of usul al-fiqh by framing it as the "economy of Islamic law" (iqtisad al-shari'ah): just as economics manages unlimited needs through limited resources, legal methodology enables jurists to address an endless succession of novel cases and contemporary circumstances (al-nawazil wa-l-waqa'i') through a bounded corpus of textual sources, including the approximately 500 legal verses of the Quran, bounded hadith collections, and agreed-upon consensus points . He outlines the historical emergence of the field following the generation of the Successors (al-Tabi'un), citing Muhammad ibn Idris al-Shafi'i (150–204 AH) as the first scholar to compile an independent work on the discipline . He also delineates the two classical traditions in usul writing:
- The Method of the Jurists (tariqat al-fuqaha'), associated with Hanafi scholars, who derive abstract rules inductively from specific legal rulings and opinions transmitted from early authorities .
- The Method of the Theologians (tariqat al-mutakallimin), followed by Maliki, Shafi'i, and Hanbali scholars, which establishes theoretical principles first and cites individual rulings primarily as illustrations .
In his clause-by-clause commentary, al-Dadu clarifies al-Juwayni's definitions, starting with the opening formula and the dual definition of usul al-fiqh—first as a genitive compound (al-ma'na al-idafi) and second as a designated proper name for the independent discipline (al-ma'na al-laqabi) . He explores the epistemological foundations of the work, including the division of knowledge into necessary (daruri) and acquired or theoretical (nazari), the degrees of human cognition ranging from certainty (yaqin) and preponderance (zann) to doubt (shakk) and misconception (wahm), as well as linguistic divisions such as declarative (khabar) and performative (insha') speech, literal (haqiqah) and figurative (majaz) usage, and the legal implications of commands and prohibitions .
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