Course Name: Intermediate Islamic Law III
This course aims to introduce the student to Islamic legal reasoning by providing transmitted and analytical evidence for the legal opinions of the Ḥanafī school. One of three texts are studied as per instructor’s choice: 1)Al-Ikhtiyār by Abd Allāh b. Mahmud al-Mawṣilī (d. 683/1284). The author’s own commentary on his legal compendium al-Mukhtār, which is considered one of the foundational texts of the Ḥanafī school. Al-Ikhtiyār, which is distinguished by its comprehensive language, is also a work of tarjīḥ (legal preference) in that it identifies the opinions according to which fatwas are issued.
2)Sharḥ al-Wiqāyah by ʿUbayd Allāh b. Masʿūd (d. 747/1346). The author comments on his grandfather’s (Tāj al-Sharīʿah) al-Wiqāyah. Each legal issue and its ruling are coupled with proof from either primary sources of Islamic law or deduced maxims. The author also weighs multiple opinions within the school and offers his preferences. Sharḥ al-Wiqāyah is arguably the best stepping stone to al-Marghīnānī’s al-Hidāyah at the advanced level.
3)Fatḥ Bāb al-ʿInāyah, also known popularly as Sharḥ al-Nuqāyah, is the masterful commentary of Mullā ʿAlī b. Sulṭān Muḥammad al-Qārī (d. 1014/1605) on Ṣadr al-Sharīʿah ʿUbayd Allāh b. Masʿūd al-Maḥbūbī’s legal text al-Nuqāyah. Al-Qārī’s work is distinguished by its masterful amalgam of legal discussions from the various renowned commentaries on Imam al-Marghīnānī’s al-Hidāyah, including Ibn al-Humām’s Fatḥ al-Qadīr and al-Zaylaʿī’s Naṣb al-Rāyah.
Introduction to Legal Reasoning in the Ḥanafī School: al-Ikhtiyār li-Taʿlīl al-Mukhtār III