Part 2: Al-Qawa'id Al-Fiqhiyyah and Related Vocabulary

12/11/2024

Book Title: Al-Qawâid Al-Fiqhiyyah (Legal Maxims of Islamic Jurisprudence) A Translated Compilation (القواعد الفقهية)
Author: Islamic University of North America (Mishkib) Islamic Studies English Program
Publisher: Mishkah (مشكاة)
Year of Publication: 2013 AD - 1434 AH
Field of study: methodology of Islamic Law / Jurisprudence

Table of Contents

Part II: Al-Qawa'id Al-Fiqhiyyah (Legal Maxims of Islamic Jurisprudence)
and Related Vocabulary
Back to: Legal Maxims of Islamic Jurisprudence (Usul Fiqh)

Part II: Al-Qawa'id Al-Fiqhiyyah (Legal Maxims of Islamic Jurisprudence) and Related Vocabulary (مَصَادِرُ الفِقْهيَّةِ وَالمصطلحات المتعلقة بها )

الفَرْقُ بَيْنَ القاَعِدِ ة ا لفِقْيِيَةِ وَالضَّابِطِ الفِقْيِى

Differences between the Legal Maxim of Islamic Jurisprudence and the Controller of Islamic Jurisprudence - Al-Qa'idah Al-Fiqhiyyah and Ad-Dabit Al-Fiqhiy

Ad-Dabit الضابط) literally means a block, which prevents things or matte rs from coming through or a controller that preserves and control strictly.67

In the context of Islamic law, Ad-Dabit (الضابط) is defined as the total rule which controls a set of branches (Furu'الفروع) that belong to one chapter of Fiqh,68

Scholars have differentiated between Al-Qa'idah Al-Fiqhiyyah and Ad-DO.bit Al Fiqhiy (1t,a controller of Fiqh) as follows:

1. Imam Ibn Nujai m69 said, "The difference between Ad-Dabit and Al Qa'idah is that Al-Qa'idah Al-Fiqhiyyah has embraced Furu' from several chapters of Fiqh, whereas Ad-DO.bit has included Furu' from one chapter of Fiqh."70

2. Imam as-SeyutJ'n said, "Al-Qa'idah Al- Fiqhiyyah includes Furu' from several chapters of Fiqh, whereas Ad -Dabit Al- Fiqhiy contains Furu' from one chapter."72

3. Perhaps the two previous definitions were taken from that of Imam As Subkkiy who said, "Most likely, Ad -Dabit Al-Fiqhiy is appointed to organize similar cases of one chapter of Fiqh."73

Hence the main two distinctions between Al-Qa'idah Al-Fiqhiyyah and Ad Dabit Al- Fiqhiy are:

1. Al-Qa'idah Al- Fiqhiyyah is more general and comprehensive than Ad Dabit Al- Fiqhiy since the former includes several chapters of Fiqh, whereas the latter contains only one.

2. Al-Qa'id ah Al- Fiqhiyyah has more exceptions than Ad -Dabit Al- Fiqhiy which controls one chapter of Fiqh, so there is not much room for exceptions.

Some scholars, on the other hand, did not differentiate between Al-Qa'idah Al Fiqhiyyah and Ad -Dabit Al-Fiqhiy. An example of those is Imam An- Nabolsiy74,

Following are some examples that demonstrate the difference betwee n Al Qa'idah Al-Fiqhiyyah and Ad -Dabit Al- Fiqhiy.

Ad-Dabit Al-Fiqhiy from the Sunnah:

Each of the following Had 1th represents Dabit Fiqhiy in its subject and covers a specific chapter:

أيما إيهاب دبغ فقد طهر

Narrated Qutiybah, Sufyan ibn 'Uyaynah and 'Abdul-'Aziz ibn Muhammad that Ziyd ibn Aslam that 'Abdur-Ra man ibn Wa'lah that Ibn 'Abbas: Allah's Messenger said, "Whichever animal skins be tanned, they grow Tahir (pure or clean)."75

The above Hadith stands for Dabit Fiqhiy in its subject (Taharah or purification) and covers an specific chapter of Taharah.76

الْبَيِّعانِ بالخِيارِ ما لَمْ يَتَفَرَّقا، فإنْ صَدَقا وبَيَّنا بُورِكَ لهما في بَيْعِهِما، وإنْ كَذَبا وكَتَما مُحِقَ بَرَكَةُ بَيْعِهِما.

Narrated Suleiman ibn Harb that Shu'bah that Qatadah that Salih Ab Al-Khail that 'Abdullah ibn Al-Ha rith that Hakim Ibn Hiza: Allah's Messenger said, "The seller and the buyer have the right to keep or return the goods as long as they have not parted or till they part. And if both the parties spoke the truth and described the defects and qualities (of the goods), then they would be blessed in their transaction, and if they told lies or hid something, then the blessings of their transaction would be lost." 77 Similarly, the above Hadith represents a Dabit Fiqhiy in its subject (selling) and covers a specific chapter of selling and trading.

Ad-Dabit Al-Fiqhiy from the sayings of the Fuqaha'. jurists):

It was narrated that Mujahid (a disciple of Ibn 'Abbas (d.104/722))78 said, "There should be 'Ushr (a 10% levy) upon whateve r is produced from the ground, more or less, whether the soil be wate red by the overflow of rivers or by periodical rains."79
It is known in Malikiy Madhhab's books more than others that there is a DO.bit Fiqhiy that specifies: "Water is Tahir (pure or clean), as long as its color, smell or taste does not change because of a substance which cannot be separated."

It is noteworthy to mention that the terminologies of Al-Qa'idah Al-Fiqhiyyah and Ad-Dabit Al-Fiqhiy were not distinguished by scholars except in later centuries.

الفَرْقُ بَيْنَ القاَعِدَةِ الفِقْهيَةِ وَالنَّظَرِيَةِ الفِقْيِيَة

(Al-Qa'idah Al-Fiqhiyyah and An-Nazariyyah Al-Fiqhiyyah ) Differences between the legal maxim of Islamic law and the theory of Islamic law

An-Nazariyyah literally means the theory, and it practically means:

The set of conceptions that are connected together, to prove the logical relationship between a set of premises and their outcomes.

Following are two opinions of Scholars concerning An-Nazariyyah Al Fiqhiyyah

The First one:
- "It is the large constitutions and conceptions forming a legal subjective system spreading in Islamic Fiqh. The elements of that system control sorts of judgments relating to the subject of that system such as the Notion of Ownership (and its reasons), the Notion of Contract (and the rules and results of the contract), the Notion of the Legal Capacity (and its opposites), and so on," Sheikh Mustafa Az-Zurqa stated.so
- "It is a group of similar judgme nts combined by one analogy or one controller such as the Rules of Ownership (in Sharl''ah) and the Rules of Guarantee. It is the fruit of the separated parts of Islamic Fiqh that a jurist ties them by Qa'idah (governs these separated parts) or by Nazar iyyah (combine them)," Sheikh Muham mad Abu Zahrah stated.81

The Second one:
The theory or An-Nazariyyah term does not come from our Shari'ah and it does not represent a meani ngful description as do the acceptable Islamic terms and vocabulary. "For example, we, Muslims, do not know ownership through resea rch or study rather through Islam: Allah, glory be to Him, has granted His slaves the right of ownership and descended bases of such in His Book and through His Messenger's tongue ; the nea rest proof of that is this Ayah:

هُوَ الَّذِي خَلَقَ لَكُم مَّا فِي الْأَرْضِ جَمِيعًا

(He it is Who created for you all that is on earth ...) (Surah 2. Al-Baqarah, Ayah 29)

In fact, Al- 'Urf (Tradition) is an Islamic secondary proof, in the eyes of Usuliyyin, Scholars trust texts) and Jurists, and is proved true as Hujjah (a reliable proof) by many Adillah Shar'iyyah. So, why people should say,

Nazariyyah Al-'Urf (Theory of tradition) instead of Dalil Al 'Urf (Proof comes from tradition), Haqq Al-'Aqd (Right of making a contract) instead of not Nazariyyah Al-'Aqd (Theory of making a contract),

Wajib Al- Iltizam (Duty of fulfillment) instead of Nazariyyah Al- Iltizam (Theory of fulfillment) and so on."82

Therefore, Al-Qa'idah Al-Fiqhiyyah might be deemed Dabit (controller) of Fiqh for An- Nazariyyah Al- Fiqhiyyah.

For instance, Qa'idah Fiqhiyyah saying:

العبرة في العقود بالمقاصد والمعاني لا بالألفاظ والمباني

(Al-'ibrah fi al-'uqud be al-maqasid wa al-ma'ani la be al-alfaz wa al mabani) The crucial point in contracts is their goals and meanings not their words or forms," is simply Dabit Fiqhiy in a particular aspect of Naza riyyah al-'Aqd and so on. The Nazariyyah Fiqhiyyah, thus, may embrace Al-Qawa'id Al-Fiqhiyyah, and an-Nazariyyah may be preponderant Qa'idah including many Nazariyyat (plural of Nazariyyah) associated by one tie such as Naza riyyah ad-Da rurah . Theory of necessity) and Nazariyyah al-'Urf (Theory of tradition) which encompass many Qawa'id.83 It is important to note that there are scholars who never separate Al-Qa'idah Al Fiqhiyyah from an-Nazariyyah Al- Fiqhiyyah.

In conclusion:

Al-Qa'idah Al-Fiqhiyyah are different from an-Nazariyyah Al- Fiqhiyyah in:

i. It is a Shar'iy (Islamic) Hukm/ matter/case while an-Nazariyyah Al Fiqhiyyah is a study that assembles subjects and Ahkam of Islamic Fiqh.

ii. To establish Al-Qa'idah Al-Fiqhiyyah, it needs one of Islamic sources (i.e. the Qur'an, Sunnah or Ijma ); however, an-Nazariyyah Al-Fiqhiyyah could only need the study of written works of Islamic Fiqh.

iii.    An- Nazariyyah is a matter that is logically authenticated by proofs but Al-Qa'id ah is established by proofs or Adel/ ah Shar'iyyah.

iv.    Scholars have inferred Al-Qa wa'id from texts of the Qur'an, Sunnah and/or goals of Shariah for establishing Ahkam for clear questions and cases. An -Nazariyyah, however, has been contingent on the soul's and intellect's views, which are subjected to true/false.

v.    Al-Qa'idah Al-Fiqhiyyah contains, in itself, Hukm, which judges all branches of such a Qa'idah. For example the Qa'idah :

اليقين لا يزول بالشك

(Al-yaqin la yazul be ash-shakk) (Certainty is not overruled by doubt,", holds a Hukm in every case including certainty and doubt. Such is contrary to an-Nazariyyah Al-Fiqhiyyah which does not hold Hukm in itself like Nazariyyah Al-Melkiyyah, Theory of ownership) and so on.

vi. An-Nazar iyyah Al-Fiqhiyyah includes pillars and conditions contrary to Al-Qa'idah Al-Fiqhiyyah.

الفَرْقُ بَيْنَ القواَعِدَ الفِقْهيَةِ وَاالقواَعِدَ الأُصُولِيَة

- Al-Qa'idah Al-Fiqhiyyah and Al-Qa'idahAl-Usuliyyah

The Differences between the legal maxim of Islamic law and the legal maxim, which belongs to methodology in Islamic jurisprudence

Perhaps, the first one who made a distinction between Al-Qa'idah Al-Fiqhiyyah and Al-Qa'idah Al-Usuliyyah (methodology in Islamic Law) was Imam Al Qarafiy 84 who said, "The great Shariah has included Usul (plural of Asl: origin) and Furu' of Islamic Law. Besides, Usul of Shariah are divided into two parts. The first part is called Usul Al-Fiqh (methodology in Islamic Law) and most of it are Qawa'id eliciting rules from Arabic words. These Arabic words usually encounter An- Naskh (Abrogation) and Tarjih (favouring) such as Al-Amr (ordain ment) that means obligation and An -Nahyu (prohibition) that means prevention, and so on. The second part is Qawa'id Fiqhiyyah Kulliyyah (Normative legal maxims) that embraces secrets and the wisdom of the Shariah; and each Qa'idah contains countless branches of Islamic Law which are not mentioned in Usul Al-Fiqh."85

Following are some of the differences between Al-Qa'idah Al-Fiqhiyyah and Al Qa'idah Al-Usuliyyah:

1. Al-Qa'idah Al- Fiqhiyyah is an all-inclusive or a preponderant case and its parts are some questions of Fiqh. Besides, its subject is always an action of a man, whereas Usul Al- Fiqh are Dabit (a controller) of Fiqh and a balance of correct deduction.

2. Al-Qawa'id Al-Usuliyyah are all-encompassing and general, including all their parts and subjects; however, Al-Qawa'id Al-Fiqhiyyah are prepondera nt, including most their pa rts and they have some exceptions.

3. Al-Qa wa'id Al-Fiqhiyyah, deals with bra nches of Islamic Law, while Al Qawa'id Usuliyyah is independent of Islamic Law's bra nches, since an independe nt scholar must abide by them in order to infer one rule or more from sources of Sharl'ah.

4. Al-Qa'id ah Al- Fiqhiyyah and Al-Qa'id ah Al-Usuliyyah include ]uz'iyyat.

5. Al-Qa wa'id Al-Fiqhiyyah are the cases that Ahkam of Fiqh fall under. These Ahkam of Fiqh are concluded by independent scholars based on the methodologies of Usul Al-Fiqh. If a jurist considers them as partial Ahkam, then they are not Qawa'id Fiqhiyyah. If, however, they were considered as all-inclusive cases (under them partial Ahkam fall), then they are Qawa'id Fiqhiyyah.

Definition of the similar matters and the counterparts - Al-Ashbah Wan-Naza'ir (تَعْرِيفُ الأَشْبَاهِ وَالنَّظَائِر )

"Al-Ashbah" (لأَشْبَاهِ) is the plural of "Shebh" (شبه) or "Shabah" (شبه) which literally means similitude and resembla nce.

Imam An- Nasafiys 6 said, "If an incide nt or a case, has no solution or an answer, we resort to its Shabah (a similar) incident and case which already have a solution or an answer." 87

"Al-Naza'ir" النَّظَائِر), on the other hand, is the plural of "Al-Nazir" (النظير) which linguistically means an equal or a counterpart. Although linguists consider "Al -Mathهl" (المثيل, match), "Ash-Shabih" (الشبيه, a similar one) and "An-Nazir" (a counterpart) as having one meaning, jurists do not. They state the difference between the terms as follows:

"Al -Mumathalah" (المماثلة, exact equivalence) necessitates equality on all aspects of a particular matter.

"Al-Mushabahah" (المشابهة, likeness) necessitates sharing in most aspects.

"Al-Munazarah" (المناظرة, not exact equivalence) necessitates sharing at least one aspect of a specific matter.

Numerous books were written under the title Al-Ashbah Wan-Naza'ir.

Following are some examples of these books:

i. Imam Muqatil Ibn Suleiman Al- Balkhl' (d.150/767), wrote Al-Ashbah Wan-Naza'ir fi Tafser Al-Qur'an Al-'Azim in the first centu ry A.H.

ii. Al-Khalid Ibn Abu Bakr (d.380/990) and Abu 'Uthman Sa'l'd (d.390 /1000) wrote Al-Ashbah Wan-Naza'ir men Ash'ar Al Mutaqademin wa Al-lahiliyyah wa Al-Mukhadramin.

iii. Imam As-Seyuti wrote Al-Ashbah wan-Naza'ir fi An-Nahw.

iv. At the beginning of the eighth century A.H., jurists wrote in Al-Qawa'id Al-Fiqhiyyah such as Ibn Al-Wakass and Ibn Nujaim Al-Hanafiy.

v. Some examples in the science of Al-Qawa'id Al-Fiqhiyyah, were written by Imam Jalalud- Din As-Seyuti in his book Al-Ashbah Wan-Naza'ir fi Qawa'id wa Furu' Fiqh Ash-Shafi'iyyah.

The studying of Al-Ashbah Wan-Naza'ir helps scholars develop the ability to distinguish the exact meaning of words that could have the same meaning if they were used alone in one context, and different meanings when they are used in the same paragra ph or context. Followi ng are some examples of that:

A Faqir (the poor person who does not beg) and Miskin, the poor person who begs),89

B. Kafir (disbeliever) and Mushrik (polytheist),

C. Iman (Faith and trust in Allah ) and Islam

D. Mutlaq Al-Ma' (مطلق الماء) is not similar to Al-Ma' Al-Mutlaq الماء المطلق). The former means water in general (pure/impure), but the latter means specific water (pure water).

E. Opinions, in Usul Al-Fiqh, are varied in the meaning of An -Naskh (Abrogation) i.e. is it Raf' (Termination) or Al-Bayan (disclosure or revelation).

Realizing separate matters between two similar questions - Al-Furuq Al-Fiqhiyyah (الفُرُوقُ الفِقْهيَة)

At the beginning of the fourth century, Al-Qawa'id Al-Fiqhiyyah became an autonomous science. Through the following, we will try to realize the meaning of "Furuq" (Differences).90 'Umar Ibn Al-Khattab was called "Al Faruq" because he was the one who distinguished the true (Islam) from falsehood (disbelief).91

However, the science of Al-Furuq practically means realizing separate matters between two similar questions.92

Probably, the first one who had written in this topic was Imam Ibn Seridj 93. The mission of this science is to disclose the discrepancies of the causes and rules in the fiqh questions that are closely related to each other, or the questions that are similar only in their forms.

An example would be in the question whether a piece of speech is considered a Shahadah (testimony) or a Riwayah (narration of the Hadith of the Prophet both are Akhbar ( news), but they are different in the following:

1. Ar-Riwayah is a report from the Prophet, in contrast, Ash Shahadah belongs to the judge to prove judgments.

2.    Ash-Shahadah needs more than one person, while Ar-Riwayah does not.

3.    Ash-Shahadah requires only men in some cases, whereas Ar-Riwayah does not.

4.    Slaves are not allowed to bear the responsibility of Ash-Shahadah , while in Ar- Riwayah they are allowed.

5. The one who repented from telling lies is not permitted to narrate Hadith, but in Ash-Shahadah he is.

6. Ash-Shahadah comes after one person or some people file a lawsuit and an official summons by the judge; however, Ar-Riwayah does not.

Finally, one can establish a similitude between Al-Furuq Al- Fiqhiyyah and Al Ashbah Wan-Naza'ir, where both of them handle branches of Fiqh or similar questions. However, Al-Ashbah Wan-Naza'ir is wider in scope and it includes Al-Furuq Al- Fiqhiyyah.

Footnote

67 Muhamm ad Ibn Ya 'qub Al-Fairozabadl, Al-Qamiis Al-Muhlt, p.911. Beirut, Lebanon : Dar Ihya Al-Turath Al 'Arabiy, 2"d. ed., 1420/2000.

68 Dr. Musfir Ibn 'Ali Ibn Muhammad AI-Qahtaniy , Manhaj Istinbat Ahk am An-N aw azil Al-Fighiyy ah Al Mu 'ah sirah, p.448. Saudi Arabia: Omm Al-Qura University, printed no. 3010200000376 8.

69 Zain-ud-Dln Ibn Ibrahim Ibn Muhammad among the greatest scholars of Hanafiy Madhhab (d.970/1562) and have written several books such as Al-Ashbdh wan-Naza 'ir, Al-Bahr ar-Ra 'iq fl Sharh Kanz Ad-Daqa 'iq, Ar-Rasa 'ii az Zeiniyya h, etc. See Al-A 'liim by Az-Zarkkall, Vol. 3, p. 64.

70 Muhammad 'Amim-ul-Ih san Al-Barakti Al-Mujaddadiy , Qawa'id Al-Figh, p. 50. Karachi: As-Sudf Publishers Press, 1407/1986.

71 'Abdur-Rahman Ibn Abu Bakr Ibn Muhammad Ibn Sabiq-ud-Din Al-Khudairi Jalal-ud-Din among the greatest scholars and historians and he authored about 600 books. Born in Cairo (d.911/1505). See Al-A'Iam by Az Zarkkali, Vol. 3, p. 301.

72 As-Seyiiti, Al-Ashbah Wan-Naza 'ir, p.47.

73 'Abd-ul-Wahhab Ibn 'Ali Ibn 'Abd-ul-Kafi As-Subkkiy, Al-Ashbah Wan-Naza 'ir, p. 21. Beirut, Lebanon: Dar Al-Kutub Al- 'Ilmmiyyah Press, Volume 2, 1st. ed., 1411/1991.

74 'Abdul-Ghani Ibn Isma 'il Ibn 'Abdul-Ghani, a great scholar of religion and literature born in Damascus (d.1143/1731). See Al-A 'Iam by Az-Zarkkali, Vol. 4, p. 32.

75 It is hasan (good) hadith, Al-Jami'As-Sahih Sunan At-Tirmidhi, chapter: The dress, 1728, verified by Ahmad Shaker and others, and it is authenticated by Nasir-du-Din Al-Albaniy. Beirut, Lebanon Dar Ihya' At-Turath Al 'arabiy Press. Volume 5.

76 Dr. Muhammad Bakr Isma'il, Al-Qawa'id Al-Fighiyyah baiyn Al-Asalah Wat-Taw jih, p.8. Cairo, Egypt: Dar Al Maniir Press, 1st. ed., 1417/1997.Egypt: Dar Al-Maniir Press, 1st. ed., 1417/1997.

77 Summarized Sahih Al-Bukhari Arabic-English, chapter: Bargains, 996. by Dr. Khan, Muhammad Muhsin. Riadh, Saudi Arabia: Dar-us-Salam Press, 1415/1994.

78 Mujahid Ibn Jabir Abu Al-Hajjaj Al-Makkiy, one of the greatest Imams of Explanation of the Qur'an, see Sayar A'Him An-Nubala' , Muhammad Ibn Ahmad Ibn 'Uthman Adh-Dhahabi, Vol. 4, p. 449. Verified by Shu'iyb Al Ama'ut. Beirut, Lebanon Ar-Risalah Foundation Press, 1413/1993.

79 Al-Qasim Ibn Salam, "Kitab Al-Amwal ", p. 674 in Al-Qawa'id Al-Fighiyyah by Dr. An-Nadawi, p. 49. Zakah means a certain fixed proportion of the wealth (2 1h %) of every Muslim to be paid yearly for the benefit of the poor in the Muslim community. The payment of Zakah is obligatory as it is one of the five pillars of Islam. Zakah is the major economic means for establishing social justice and leading the Muslim society to prosperity and security.

80 Az-Zurqqa , Al-Madkhal, Vol. 1, p.253

81 Muhammad Ahmad Mustafa Ahmad Abu Zahrah, Usfil Al-Figh , p. 10, Dar AL-1-Fikr Al- 'Arabiy, 1377/1958.

82 Dr. Al-Bornû, Al-Wajîz, pp.91-93.

83 The previous source, pp. 11-12.

84 Abu Al- 'Abbas Shihiib-ud-Din Ahmad Ibn Idris As-Sanhajiy among the greatest scholars of Malikkiyyah born and died in Cairo (d.684/1285). See Al-A 'Iam by Az-Zarkkall, Vol. 1, pp. 94-95.

85 AI-Qarafiy , Anwar AL-Boriig, Vol. 1, p. 7.

86 Nejm-ud-Dln 'Umar Ibn Muhammad Ibn Ahmad Ibn Isma'll AbU Hafs As-Samarqandiy An-Nasafiy (d.537/1142). See Al-A 'liim by Az-Zarkkall, Vol. 5, pp. 60-61.

87 Nejm-ud-Dln 'Umar Ibn Muhammad Ibn Ahmad Ibn Isma'll Abu Hafs As-Samarqandiy An-Nasafiy , Talabat At Talab ah fi Istilahat Al-Fug ahii ' p . 130. Verified by Khalid 'Abdur-R ahman. Beirut, Lebanon: Dar an-Nafii'is Press,
t . ed. 1416/1995.

88 AbU 'Abdullah Muhammad Ibn 'Abdullah Ibn 'Umar Ibn Makki ash-Shaf'iy born and died in Egypt called Ibn Al-Murhal, a great Faqih and Poet (d.716/1316). See Al-A 'liim by Az-Zarkkall, Vol. 6, p. 314.

89 Imam Malik said this explanation, in the book of ibn Sahniin; this is the fourth opinion out of nine opinions. See Al-Jami ' le Ahkam Al-Qur 'an by AbU 'Abdullah Muhammad ibn Ahmad Al-Ansiiriy AI-Qurtubiy (d.671/1273). Cairo: Dar Ash-Sha 'b, Volume 8.
90 Plural of "Farq" and it literally means differences.

91 Al-Fairozabadi, Al-Qamfis Al-Muhit, p.1215.

92 Muhammad Yasin Ibn 'Isah Al-Fadani, "Al-Fawaid Al-Jenniyyah Hashiyat Al-Mawahib As-Sunniyyah 'ala Al Fara 'id Al-Bahiyyah, " Vol. 1, p. 1 in Al-Qawa 'id Al-Fighiyyah, ed. by Dr. Nn-Nadawi , p. 68.

93 Ahmad Ibn 'Umar Ash-Shafi 'iy the greatest Faqih of Shafi'iyyah in his time born and died in Baghdad (d.306/918). See Al-A 'lam by Az-Zarkkali, Vol. 1, p. 185.