Al Waraqat – A Classical Manual Of Usul Al-Fiqh


Al Waraqat – A Classical Manual Of Usul Al-Fiqh

Author: Imam Al-Haramayn Al-Juwayni

Compilation, Research and Commentary by: Muhammad Nabeel Musharraf

Al-Waraqat is a classical text on Usul al-Fiqh (principles of Islamic Jurisprudence) and is a useful book to understand basic elements of this field. Commentary has been prepared while referring to explanations from a number of renowned scholars and jurists such as Sheikh Ibn Al-Uthaymeen, Sheikh Abdur Rahman Ibn Nasir As-Saadi, Sheikh Saleh Al-Munajjid, Sheikh Dr. Bilal Philips,  Sheikh Muhammad Nuruddeen Lemu, Sheikh Yahya Adel Ibrahim, Sheikh Abu Zaid Zameer, Sheikh Salih Al-Fawzan, Sheikh Sajid Umar, Dr. Hatem Al-Haj, Dr. Hashim Kamali, Sheikh Saleh As-Saleh, Sheikh Yasir Fahmy Al-Azhari, and others.

About Imam Al Juwayni :

Al-Juwayni was born on 22 February 1028 in a village on the outskirts of Naysabur called Bushtaniqan in Iran. Al-Juwayni was a prominent Muslim scholar known for his gifted intellect in Islamic legal matters. Al-Juwayni was born into a family of legal study. His father Abu Muhammad ‘Abdallah b. Yusef al-Juwayni, was a well-known master of Law in the Shafi′i community as well as a Shafi’i teacher and his older brother, Abu’l-Hasan ‘Ali al-Juwayni, was a Sufi teacher of Hadith.

Al-Juwayni grew up in Naysabur, an intellectually thriving area drawing scholars to it. Naturally, Al-Juwayni did not have to search far for his education. At the time, the teachings of the Shafi’i school were closely linked to the Ash’arite theology which al-Juwayni decided to study for several years after the death of his father, though he would later regret the time he invested in studying and debating the school’s principles while on his deathbed. He took over for his father at this point and began his teaching career at only 19 years of age.

Al-Juwayni travelled to Mecca and Medina in search of an interim home. He taught and studied there in Hijaz for four years. During this time, al-Juwayni became hugely popularised because of his father’s prominence in the scholarly world, and his exile. He gained a large following and was invited back to Nishapur by the founder of the Shafii Madrasa, Khwaja Nizam al-Mulk. Upon his return, Juwayni was appointed to teach the doctrine of the Ash’arites at the Nizamiyya Madrasa until he died in 1085CE (which would turn out to be about 26 years). Al-Juwayni spent his life studying and producing influential treatises in Muslim government; it is suspected that most of his works  came out of this period after his return from Mecca and Medina.

He is the main figure among the fifth generation of al-Ash’ari’s students. Al-Bakhirzi compared him to al-Shafi’i and al-Muzani in fiqh, al-Asma’i in manners, al-Hasan al-Basri in preaching eloquence, and al-Ash’ari in kalâm.

Al-Juwayni was the teacher of one of the most influential scholars in the Islamic tradition al-Ghazali (May Allaah have mercy upon all of them).

Al-Juwayni’s works:

  • In Fiqh: Ghiyath al-Umam, Mughith al-Khalq, Nihaya al-Matlab fi Diraya al-Madhhab (“The End of the Quest in the Knowledge of the [Shafi’i] School”), his magnum opus, which Ibn ‘Asakir said had no precedent in Islam, and Mukhtasar al-Nihaya.
  • In Usul: al-Burhan, al-Talkhis, and al-Waraqat.
  • In Kalam: al-Shamil, al-Irshad, and al-Nizamiyya.

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