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Mustafa Sa’id al-Khin’s Thesis on Juristic Differences

06 Oct

The late great shaykh, Dr Mustafa b. Sa’id b. Mahmud al-Khin al-Maydani al-Shafi’i (may Allah have mercy on him), was one of the eminent scholars of Syria in the 20th Century. Growing up in the conservative Damascus suburb of Maydan (Midan in the local dialect), he attended the lessons of the noble Hassan al-Habbanaka al-Maydani, from the age of nine. He quickly rose to prominence and became a teacher of Shari’ah and Arabic at universities in Syria and Saudi Arabia during the 1950s and 60s. He later traveled to Egypt to obtain his PhD, whilst already a distinguished scholar, from al-Azhar in 1971. I am attaching the thesis, titled, ‘Athar al-Ikhtilaf fi al-Qawa’id al-Usuliyah fi Ikhtilaf al-Fuqaha.’ 

https://islamclass.files.wordpress.com/2013/10/d8a7d8abd8b1-d8a7d984d8a7d8aed8aad984d8a7d981-d981db8c-d8a7d984d982d988d8a7d8b9d8af-d8a7d984d8a7d8b5d988d984d98ad8a9-d981db8c-d8a7d8ae.pdf

In this thesis, the shaykh elaborates how the legal principles (usul) upon which the scholars built their schools lead to differences in law (furu’). This is a subtle point that is lost on many students. Towards the end of the thesis, the shaykh shows how these different usul lead to different furu in marriage. 

This is a brilliant book which should be required reading by all serious students of knowledge. 

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8 Comments

Posted by on October 6, 2013 in Uncategorized

 

8 responses to “Mustafa Sa’id al-Khin’s Thesis on Juristic Differences

  1. Bilal Ali

    October 7, 2013 at 1:30 pm

    Reblogged this on at-Tahawi.

     
  2. Imran

    November 14, 2013 at 11:25 pm

    Salam.

    Do you know if anyone is translating this into English?

     
    • Al-Asiri

      November 22, 2013 at 7:33 am

      Wa ‘alaykum salam. I doubt it’ll be translated anytime soon, though I can see the benefit of such a work among English-speaking Muslims.

       
  3. Imran Khan

    January 15, 2014 at 5:44 pm

    A good book on juristic differences that is recently published by Fons Vitae is Shah Wali Allah’s Treatises on Islamic Law: Two Treatises on Islamic Law by Shah Wali Allah Al-Insaf fi Bayan Sabab al-Ikhtilaf and Iqd al-Jid fi Ahkam al-Ijtihad wa-l Taqlid. It is available on Amazon.

     
    • Al-Asiri

      January 17, 2014 at 3:09 pm

      Jazak Allahu khayran for your valuable contribution. I am unfamiliar with the book but will try to acquire a copy on my next trip to Europe insha’Allah.

       
  4. Nazim kokni alhindi al shafi

    May 8, 2014 at 5:19 pm

    Does any body knows the translation of al fiq al minhaji into english , so please describe thats name.

     
  5. Muhammad Faadil Latief

    June 4, 2014 at 8:19 am

    How can I obtain a copy of Shaykh Mustafa al-Khin’s book called “al-Kaafi al-Waafi” in Usul Fiqh?

     
    • Al-Asiri

      June 4, 2014 at 1:33 pm

      Al-salamu alaykum. You can probably find it at neelwafurat.com in bookstores in Madinah such as al-Maghamasi, Dar al-Zaman, etc.

       

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