Uyun al-Adilla fi Masail al-Khilaf bayn Fuqaha al-Amsar
- Author died
- 397 AH
- Editions
- T Asfar
Uyun al-Adilla fi Masail al-Khilaf bayn Fuqaha al-Amsar (Sources of Evidence on Disputed Questions Among Regional Jurists) is a classical Maliki treatise on comparative Islamic jurisprudence by Ibn al-Qassar (d. 397 AH / 1007 CE).
Purpose and Structure
Ibn al-Qassar composed the book in response to students requesting a compilation of the legal proofs concerning disputed questions between Imam Malik ibn Anas and other regional jurists, systematically demonstrating the evidentiary arguments supporting the Maliki school.
Before presenting specific legal cases, Ibn al-Qassar prefaced the work with an introductory treatise on legal theory (usul al-fiqh) outlining key Maliki principles so that readers could follow the foundational rules behind individual applications. The overall work was extensive; al-Adfuwi noted, as recorded by al-Maqrizi, that Ibn Daqiq al-Id possessed a copy of Uyun al-Adilla spanning around thirty volumes with his marginal notes.
Method and Content
The work operates in the genre of high-level legal divergence (al-khilaf al-ali). In each chapter, Ibn al-Qassar outlines the disputed legal ruling, presents the positions and textual proofs of opposing schools, and subsequently articulates the Maliki arguments, responding in detail to objections and evaluating differing points of interpretation.
Throughout the text, Ibn al-Qassar relies heavily on the juristic selections of his teacher Abu Bakr al-Abhari. He frequently substantiates rulings through the normative practice of the people of Medina (amal ahl al-Madina)—such as in discussions of the call to prayer—and the authoritative verdicts of the Companions, especially the early caliphs.
Reception and Abridgment
The book received significant acclaim among contemporary and later scholars across legal traditions. Abu Ishaq al-Shirazi observed that he knew of no better Maliki work on comparative legal divergence. When al-Qadi Abd al-Wahhab discussed scholars with the Shafi'i jurist Abu Hamid al-Isfara'ini and brought up Ibn al-Qassar's treatise in defense of Malik's school, al-Isfara'ini remarked: "Your companion left nothing for anyone to say." It served as a source for later scholars such as al-Qarafi, Ibn Rushd, and al-Hattab.
Al-Qadi Abd al-Wahhab abridged the treatise in a summary known as Uyun al-Masail (also titled Uyun al-Majalis or Ikhtisar Uyun al-Adilla), containing 1,440 issues, in which he copied Ibn al-Qassar's wording verbatim or slightly summarized it to facilitate memorization of the school's positions.
Surviving Manuscripts and Editions
The full original work has not survived intact. Four major manuscripts are preserved across two historic libraries:
- Volume 1 is held at the library of El Escorial (Ms. 1088), containing the book of purification (Kitab al-Taharah) and portions of the book of prayer (Kitab al-Salah).
- Volumes 18, 28, and 31 are preserved in the library of the University of al-Qarawiyyin in Fez (Ms. 467), covering sections on marriage, oaths and vows, jihad, the poll tax, charitable dues, financial restrictions, legal settlements, debt assignments, sureties, partnerships, agency, acknowledgments, contractual manumission, and inheritance shares.
Modern printings include an edition of the legal theory introduction and Kitab al-Taharah edited by Abd al-Hamid ibn Sad al-Saudi (Riyadh, 1426 AH / 2006 CE), and a comprehensive edition of all surviving parts edited by Ahmad ibn Abd al-Salam Maghrawi (Dar Asfar, Kuwait, 1441 AH / 2020 CE), based on his doctoral research at Cadi Ayyad University in Marrakech.
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