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Bidayah al-Mujtahid |بداية المجتهد ونهاية المقتصد

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Bidayah al-Mujtahid |بداية المجتهد ونهاية المقتصد

Bidayah al Mujtahid wa Nihayah al-Muqtasid, translated into English as “The Distinguished Jurist’s Primer” is the fiqh book taught in Madeenah Islamic University. It is the core subject and text for those in the faculty of Shariah and is studied for the duration of the 4 year bachelors course.

“Ibn Rushd was a Maliki Jurist (Qadi) but presents the views of other schools (Hanifi, Shaf’ee, hanbali & Zahiri) with the usual Respect and objectivity. This book is among the best known example of the Shari’a science of Ilm al Khilaf (the knowledge of variant ruling) It is one of the most well known works of ilm-ul- Khilaf, a discipline that records and analyses the differences among Muslim Jurists.

Ibn Rushd’s Bidayat al-Mujtahid (The Distinguished Jurist’s Primer) occupies a unique place among the authoritative manuals of Islamic law. It is designed to prepare the jurist for the task of the mujtahid, the independent jurist, who derives the law and lays down precedents to be followed by the judge in the administration of justice. In this manual Ibn Rushd traces most of the issues of Islamic law, describing not only what the law is, but also elaborating the methodology of some of the greatest legal minds in Islam to show how such laws were derived.

This text provides a still-relevant basis for the interpretation and formulation of Islamic law. Combining his legal and philosophical knowledge, Ibn Rushd transcends the boundaries of different schools and presents a critical analysis of the opinions of the famous Muslim jurists and their methodologies.

The legal subject areas covered include marriage and divorce; sale and exchange of goods; wages, crop-sharing and speculative partnership; security for debts and insolvency; gifts, bequests and inheritance; and offences and judgements.”

There are only a few explanations available, including a 4 volume sharh by Maajid al-Hamwy but the best of them is the 2 volume sharh by Shaykh Abdullah Zaahim – however, this is incomplete and only explains the section of Taharah and Salah which you learn in semester one and two in kuliyyah al-Shariah. This explanation was originally started by our shaykh, Muhammed bin Naasir al-Suhaybanee while he was head of the factulty in Madeenah University.