Tariqat al-Khilaf fi al-Fiqh bayn al-A'imma al-Aslaf
- Author died
- 552 AH
- Editions
- Maktabat Dār al-Turāth
Tariqat al-Khilaf fi al-Fiqh bayn al-A'imma al-Aslaf (The Method of Juristic Disagreement in Jurisprudence Among the Early Forebears) is a treatise on comparative Islamic jurisprudence and juristic dispute (ilm al-khilaf) by the Hanafi scholar al-Ala al-Asmandi (488–552 AH / 1095–1158 CE) . The work examines contentious legal questions disputed among the early founding jurists of the legal schools, articulating and defending Hanafi positions while responding to differing viewpoints .
Background and Composition
The author, Abu al-Fath Muhammad ibn Abd al-Hamid al-Asmandi al-Samarqandi—frequently titled "al-Ala al-Alim"—was a prominent Hanafi jurist, dialectician, and legal theorist born in Samarqand . Known for his multi-volume notebooks (ta'liqa) and writings on dialectics and disputed issues, al-Asmandi designed the treatise to provide a methodical examination of substantive points of divergence among the schools .
In the introduction to his legal theory work Badhl al-Nazar fi al-Usul, al-Asmandi explained the genesis of his theoretical writing through its connection to Tariqat al-Khilaf, stating that when he initially compiled Tariqat al-Khilaf, he embedded throughout its disputed substantive legal issues only what was strictly necessary of legal theory (usul al-fiqh) in a concise and measured manner . Because several of his close associates sought an independent and exhaustive treatment covering all chapters of legal theory, he subsequently composed Badhl al-Nazar fi al-Usul as an expansive counterpart .
Content and Methodology
The work belongs to the genre of high comparative jurisprudence (al-khilaf al-ali), which focuses on major legal cruxes that divided the leading juristic authorities of the early generations . In structuring the text, al-Asmandi systematically organizes legal topics across traditional fiqh categories—including ritual purity, prayer, and zakat—formulating each contested problem, setting forth the arguments and textual or rational evidence of rival schools, and validating the preferred Hanafi stance through dialectical refutation and justification .
Editions
The treatise has been published under variants of its title:
- An edition edited by Muhammad Zaki Abd al-Barr, published by Maktabat Dar al-Turath in Cairo .
- An edition edited by Ali Muhammad Mu'awwad and Adil Ahmad Abd al-Mawjud, published by Dar al-Kutub al-Ilmiyya in Beirut (1st ed., 1413 AH / 1992 CE) under the title Tariqat al-Khilaf bayn al-Aslaf .
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