Islamic Legal Maxims
Consisting of Al-Karkhi's Al-'Usul
Arabic text, English Transliteration, English Translation & Imam al-Nasafi's Commentary
Includes Notes & Short Historical & Biographical Introduction by the Translator : Justice Dr. Munir Ahmad Mughal
Paperback 97 Pages
Publisher : Istinarah Press
About The Book
This is an English translation of the classical work on Hanafi Fiqh known as Usul al-Karkhi by Imam Abul Hasan al-Karkhi (d. 340 AH) of Baghdad, Iraq.
It includes a brief commentary by Imam al-Nasaf, mostly by way of an example
The appreciation and understanding of these maxims is a requirement to truly extract the correct judicial rulings from the four sources of Islamic law:
- The Qur’an,
- Ijma and
This edition was rendered into English by Justice Munir Ahmad Mughal from the Punjab University Law college in Lahore, Pakistan.
The oldest collection of Legal Maxims that has reached to us is the Risalah 'usul,-al-Karkhi (260AH-340AH).
By deep study of these 'usul it reveals that they are inclusive of qawa'id, dawabit, 'usul, and kulliyat. Some of them have the status of such general kulliyat that can be declared as the collective asset of Islamic Fiqh and some 'usul are such which may be useful in knowing the effective cause of Fiqhi values and to know the solution of Fighi problems according to the Hanafi way of proving a thing (istidlal) and the Hanafi style of logical deduction on a legal question (ijtihad) by a learned and enlightened doctor (Mujtahid).
"...The style of Imam Karkhi is that he states the legal maxim in a small sentence while Imam Nasafi gives brief example. The principle and the example are so concise that a person who is not well-versed in Figh he is not in a position to easily get benefit of it. Here it should be remembered that the legal maxims of Imam Karkhi have undergone the process of refinement in the later centuries and almost all the maxims at present are not in their original shape that was given to them by Imam Karkhi. For instance, out of the ninety nine legal maxims given in Al-Majallah only one maxim (article no. 4 of Al-Majallah) is partially stated according to the form of the first maxim of Al- 'usul of Imam Karkhi. Otherwise, all the remaining maxims are present in Al-Majallah so far as their meanings are concerned, but the words and statements are not the same which were given to them by Imam Karkhi."
- Legal Position of Maxims
- Exception to the Legal Maxims
- View of Joseph Schat on Legal Maxims in Traditions
- Kinds of Legal Maxims
- Sources of Legal Maxims
- Books on Legal Maxims
- Maxims under Latin and Ango-Saxon Law
- Life Sketch of the Author
- Life Sketch of the Commentator
- Arabic Text of the Legal Maxims, with Transliteration of Arabic into English,
- English Translation and al-Nasafi's Commentary containing the examples and translator's Notes
About The Author
Abu'l-Hasan al-Karkhi was a Hanafi faqih who wrote al-Usul. d. 340H, He is among those who is known as al-Mujtahidin Fi'l Masa'il, He was a contemporary of Imam Ibn Majah, Abu Daud, Timidhi and Nasa'i.
About The Commentator
Imam Umar bin Muhammad bin Ahmad bin Ismail bin Muhammad bin Luqman al-Hanafi whose title was Mufti al-Thaqalayn Najmuddin Abu Hafs al-Nasafi.
He was born in a town called Nasaf near Samarkand in Turkestan. He was a great Hanafi scholar and author of some one hundred books on such diverse topics as fiqh, literature, tafsir and so on.
He wrote a short, succinct and accurate summary of the authentic Muslim beliefs in his popular work, Aqaa 'id an-Nasafi.
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