Tahqiq al-Murad fi anna al-Nahy Yaqtadi al-Fasad
- Author died
- 761 AH
- Editions
- Dār al-Kutub al-Thaqāfiyyah
Tahqiq al-Murad fi anna al-Nahy Yaqtadi al-Fasad (Realization of the Objective Regarding That Prohibition Entails Invalidity) is a treatise on legal theory (usul al-fiqh) by the Shafi'i scholar Salah al-Din al-Alai (694–761 AH / 1295–1359 CE), dedicated to examining whether a divine prohibition entails the invalidity or nullity of the prohibited act .
Composition and Purpose
Al-Alai states in his introduction that the question of whether a prohibition implies invalidity (fasad) is among the most essential and fundamental principles of Islamic jurisprudence, serving as the foundational basis to which numerous subsidiary rulings (furu') are traced and upon which the divergent deductions of the legal authorities are anchored .
The author completed writing and composing the treatise in early Sha'ban 743 AH in Jerusalem .
Structure and Content
The treatise is organized into structured chapters (fusuul) addressing theoretical premises and analytical divisions :
- Linguistic and Legal Modalities of Prohibition: Al-Alai analyzes the particle and verb form of prohibition (la taf'al), cataloging its various scriptural applications, including absolute prohibition (tahrim), reprehensibility (karaha), guidance (irshad), warning (tahdhir), belittlement (tahqir), supplication (du'a'), and equivalence (taswiya) .
- Divisions of Prohibited Acts: The book details how prohibitions attach to different elements of an act, categorizing them into:
- Prohibitions returning to the essence of the act itself (dhat al-manhiy 'anh), such as injustice or falsehood .
- Prohibitions returning to an intrinsic description or inseparable quality (wasf al-manhiy 'anh), such as usurious transactions (riba) or fasting on the day of Eid .
- Prohibitions returning to an external, separable factor (amr kharij), such as transactions conducted during the Friday prayer call or price manipulation (najsh) .
- Definitions of Validity and Invalidity: The author delineates the technical definitions of validity (sihha) and invalidity (fasad) across acts of worship ('ibadat) and contractual transactions (mu'amalat), contrasting the positions of the theologians (mutakallimun) and the jurists (fuqaha'), alongside the distinctive distinctions made by the Hanafi school regarding corruption (fasad) versus absolute voidness (butlan) .
Transmission and Editions
The treatise was transmitted and studied directly under al-Alai by his contemporaries, as documented in transmission registries such as Ibn Hajar al-Asqalani's al-Majma' al-Mu'assas . A manuscript colophon records a transcription completed in mid-Rajab 807 AH in Jerusalem by Muhammad ibn Muhammad al-Wasiti al-Shafi'i . In Kashf al-Zunun, Haji Khalifa recorded a work under the exact same title attributing it to Shihab al-Din Ahmad ibn Muhammad al-Khalili (d. 805 AH) .
The text has been published in modern critical editions:
- Edited by Ibrahim Muhammad Salqini, printed by Matba'at Zayd ibn Thabit in Damascus (1395 AH / 1975 CE), and later issued by Dar al-Fikr in Damascus (1402 AH / 1981–1982 CE) .
- Edited by Muhammad Ibrahim al-Salafiti, published by Dar al-Kutub al-Thaqafiyya in Kuwait .
Answer updated