A Literature Review in Qawâʿid al-Fiqhiyyah: al-Ashbāh wa al-Nazā’ir of Ibn Nujaym and Related Works


In the 8th century, Shafıî jurists brought together and developed qawaʿid literature of fiqh under the umbrella of Ashbâh and Nazâ’ir. Ibn Nujaym, one of the 10th century Hanafî jurists, took this effort of Shafıî jurists and contributed to the principle-based approach of fiqh thought within the Hanafî doctrine. Although the first books on the qawaʿid literature were written by Hanafis, it cannot be said that their contribution to the development of this literature is as much as other fiqh schools. However, the fact that there are more than forty studies on the work named al-Ashbâh wa al-Nazâ’ir authored by Ibn Nujaym on qawâʿid literature shows that this literature is on the agenda of Hanafis again. The fact that other fiqh schools could not reach this position of I bn Nujaym in the Ashbâh literature and that it is the only work written with this name in the Hanafî school formed the basis of this research. In this study, the literature formed around Ibn Nujaym’s al-Ashbâh was examined by searching from bibliographies and library indexes, especially manuscripts. Those whose copies (nuskhas) were grouped and classified as commentary (sharh), gloss (hashiyya), supergloss (taʿlîqa), poem, treatise, tertîb and translation. In addition, brief information about these studies and necessary revisions were given, and manuscripts/printed books were cited as references. In this respect, the study presents the comprehensive information about the literature formed around Ashbâh, and it can be regarded as a preliminary study for that part of the literature whose manuscript copies are not available.


Ibn Nujaym al-Ashbâh wa al-Nazâ’ir fiqh legal maxim commentary gloss supergloss.