What is the best method for comprehending and studying the maxims of Islamic jurisprudence? And has anyone engaged in hadith compiled a work in this discipline?
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The Shaykh : Yes.
The questioner : A student of knowledge observes in the books of the maxims of Islamic jurisprudence various works differing in their methodologies and schools of jurisprudence, such as *Al-Qawa'id* by Ibn Rajab, *Al-Ashbah wa al-Naza'ir* by Ibn Najim al-Hanafi, *Al-Ashbah wa al-Naza'ir* by al-Suyuti, and other books. These books differ in the number of maxims of Islamic jurisprudence they list; some bring them to fifty, and some to ninety-nine, as one of the Hanafis did in his book *Sharh al-Qawa'id al-Fiqhiyyah* according to the journal. Is there a book by one of the scholars who followed the path of the people of hadith that was composed on the maxims of Islamic jurisprudence, or what is the best method for comprehending and studying the maxims of Islamic jurisprudence?
The Shaykh : As for whether there is a book, that is something I do not know.
As for how! That is by following up all the books that were written, differing in schools of jurisprudence and inclinations, whether from the Hanafis, Shafi'is, Malikis, Hanbalis, or Zahiris, such as *Al-Ihkam fi Usul al-Ahkam* by Ibn Hazm al-Andalusi al-Zahiri, and also by al-Amidi and others. In reality, this requires a very broad scholarly preparation to be able to prefer one maxim over another, because this preference cannot be possible except if he has knowledge of the Book and the Sunnah. Indeed, this knowledge is what will help him prefer one maxim over another, because if the maxims are not built on solid foundations from the Book and the Sunnah, they will be like many of the jurisprudential opinions that were not built on the evidence of the Shari'ah. Rather, the maxims of this type are more dangerous than the jurisprudential opinions, because many and very many matters will be built upon them. Therefore, mastering the maxims for the one who wants to be on clear understanding of his religion is the most obligatory matter before he begins to derive rulings. So he must be well-versed in looking at everything that was written in these scholarly books of principles, and he must set for himself, as they set for themselves, from the maxims what his soul is reassured by and his chest opens to. The reality that I have observed from all the books I have looked into is that the book of Ibn Hazm on the principles, which I mentioned just now, is the best of these books in terms of its methodology, because every maxim he places, he brings the evidence from the Book or the Sunnah, whereas the other books of principles very rarely do what he does and argue with his evidence. This is what can be said regarding this question.
The questioner : A student of knowledge observes in the books of the maxims of Islamic jurisprudence various works differing in their methodologies and schools of jurisprudence, such as *Al-Qawa'id* by Ibn Rajab, *Al-Ashbah wa al-Naza'ir* by Ibn Najim al-Hanafi, *Al-Ashbah wa al-Naza'ir* by al-Suyuti, and other books. These books differ in the number of maxims of Islamic jurisprudence they list; some bring them to fifty, and some to ninety-nine, as one of the Hanafis did in his book *Sharh al-Qawa'id al-Fiqhiyyah* according to the journal. Is there a book by one of the scholars who followed the path of the people of hadith that was composed on the maxims of Islamic jurisprudence, or what is the best method for comprehending and studying the maxims of Islamic jurisprudence?
The Shaykh : As for whether there is a book, that is something I do not know.
As for how! That is by following up all the books that were written, differing in schools of jurisprudence and inclinations, whether from the Hanafis, Shafi'is, Malikis, Hanbalis, or Zahiris, such as *Al-Ihkam fi Usul al-Ahkam* by Ibn Hazm al-Andalusi al-Zahiri, and also by al-Amidi and others. In reality, this requires a very broad scholarly preparation to be able to prefer one maxim over another, because this preference cannot be possible except if he has knowledge of the Book and the Sunnah. Indeed, this knowledge is what will help him prefer one maxim over another, because if the maxims are not built on solid foundations from the Book and the Sunnah, they will be like many of the jurisprudential opinions that were not built on the evidence of the Shari'ah. Rather, the maxims of this type are more dangerous than the jurisprudential opinions, because many and very many matters will be built upon them. Therefore, mastering the maxims for the one who wants to be on clear understanding of his religion is the most obligatory matter before he begins to derive rulings. So he must be well-versed in looking at everything that was written in these scholarly books of principles, and he must set for himself, as they set for themselves, from the maxims what his soul is reassured by and his chest opens to. The reality that I have observed from all the books I have looked into is that the book of Ibn Hazm on the principles, which I mentioned just now, is the best of these books in terms of its methodology, because every maxim he places, he brings the evidence from the Book or the Sunnah, whereas the other books of principles very rarely do what he does and argue with his evidence. This is what can be said regarding this question.