Al-Waraqat of al-Juwayni with the Commentary of al-Hattab al-Maliki
Written by Imam al-Haramayn al-Juwayni (d. 438/1085), the teacher of Imam Abu Hamid al-Ghazali (d. 505/1111), this text is an introductory work to the science of jurisprudence (usul al-fiqh). It introduces all the main subject headings of jurisprudence as well as providing a brief commentary and explanation. This is a unique work as it has no shortage of commentaries ranging from the short to the lengthy and is an indispensable text for the student of Islamic law. The text will use the commentary (sharḥ) of Muhammad b. Muhammad al-Hattab
Objectives and learning outcomes of the course
On successful completion of this course, students will:
- have acquired a good understanding of the core jurisprudential principles of the post-classical Shafi period.
- have acquired knowledge of the insights and critical comments of a senior Maliki scholar on the text of al-Waraqat.
- have gained a good understanding of the way jurisprudential principles are applied to deduce legal rulings or adjudicate conflicting rulings.
In these lectures students will learn about:
- The Categories of Rulings in Sharia as well as Definitions of Other Essential Legal Terms
- Categories of Phrases
- Commands and Prohibitions
- Universal and Particular Applicability
- Ambiguity and Clarification
- Evident Statements
- Actions of the Prophet (Allah bless him and give him peace)
- The Abrogating and the Abrogated
- Scholarly Consensus
- Declarative Statements and Reports
- Analogical Reasoning
- Prohibition and Permissibility
- The Order of Precedence in which evidence is cited
- The Attributes of those Who Give Legal Edicts and their Petitioners
- Rulings Pertaining to Personal Reasoning.
- The text of al-Waraqat.
- Reading the course materials.
- Preparing to contribute to class discussions.