Tafsir al-Nusus fi al-Fiqh al-Islami
- Author died
- 1438 AH
- Editions
- al-Maktab al-Islāmī
Tafsir al-Nusus fi al-Fiqh al-Islami (Interpretation of Texts in Islamic Jurisprudence) is a two-volume contemporary work on Islamic legal theory (usul al-fiqh) by the Syrian scholar Muhammad Adib al-Salih (d. 1438 AH / 2017 CE), focusing on legal semantics, linguistic indications (dalalat al-alfaz), and rules of textual deduction .
Composition and Context
The work originated as al-Salih's doctoral dissertation submitted to the Faculty of Law at Cairo University, where he was awarded his doctorate with first-class honors and an exchange recommendation with foreign universities . The examination committee was chaired by the Egyptian jurist Muhammad Abu Zahra .
The work was first published by Damascus University in 1964 CE (1384 AH) . It was subsequently reissued in multiple editions by al-Maktab al-Islami in Beirut and Damascus, including a second edition, a third edition prepared in Riyadh in 1403 AH (1983 CE), and a fourth edition published in 1413 AH (1993 CE) .
Structure and Content
The book is organized into an introductory part (al-bab al-tamhidi), two main divisions (qisman), four thematic parts (abwab), and a conclusion (khatima), published across two volumes :
- Introductory Part: Covers textual interpretation in Islamic jurisprudence and modern positive law (al-qanun), addressing the concept of clarification (al-bayan) among legal theorists, the nature of textual interpretation, and legal schools of interpretation .
- Division One (Volume 1): Examines interpretive rules regarding textual clarity, ambiguity, and modes of legal indication .
- Part One: Analyzes clarity and ambiguity (al-wuduh wa-al-ibham), contrasting the Hanafi and theological (al-mutakallimun) classifications of clear (al-wadih) and ambiguous (al-mubham) expressions, followed by a study of reinterpretation (al-ta'wil), its conditions, legal ramifications, and the Zahiri stance .
- Part Two: Details modes of linguistic indication (turuq al-dalalat), comparing the Hanafi method ('ibarat al-nass, isharat al-nass, dalalat al-nass, and dalalat al-iqtida') with the mutakallimun framework of explicit (al-mantuq) and implicit (al-mafhum) meanings, along with civil law stances on implicit meanings .
- Division Two (Volume 2): Focuses on interpretive rules regarding the comprehensiveness of textual scope .
- Part One: Addresses general (al-'amm) and polysemous/homonymous (al-mushtarak) expressions, discussing debates over general phrasing, its legal force (definitive vs. probabilistic), and conflicting school stances such as those of the waqifiyyah .
- Part Two: Treats particular expressions (al-khas), including absolute and qualified terms (al-mutlaq wa-al-muqayyad), commands (al-amr), prohibitions (al-nahy), and their legal applications .
Method and Scope
Al-Salih's approach is comparative, systematically presenting the methodologies of classical usul traditions—primarily the Hanafi school and the mutakallimun majority—alongside points of intersection with modern statutory and constitutional legal interpretation . The author pairs theoretical linguistic and legal rules with practical branches of substantive law (al-furu'), illustrating how divergences in methodological rules yield differences in practical legal rulings (takhrij al-furu' 'ala al-usul) .
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