Jurisprudential Maxims and their Applications Extracted from the Book Al-Maslak Al-Mutaqassiṭ fī Al-Mansak Al-Mutawassiṭ by Imam: Mullā ʿAlī Al-Qārī (d. 1014AH)

Abstract

This study addresses the jurisprudential Fiqh and foundational Usul maxims and their applications in the jurisprudence of Hajj and Umrah rituals Manasik, as presented in the book "Al-Maslak al-Mutaqassit fi al-Mansak al-Mutawassit" by Imam Mulla Ali al-Qarid (1014AH), which is a commentary on "Lubab al-Manasik wa 'Ubab al-Salik" by Imam Rahmatullah al-Sindid (d: 993AH).  The research problem highlights that although these maxims were fundamental to al-Qari's reasoning and rulings in his commentary, they have not been systematically compiled and analyzed specifically within the context of this work on Manask.  The study aims to identify and extract the most prominent Fiqh and Usul maxims relied upon by al-Qari, explain them, and analyze how he employed them to establish rulings and address issues related to Manasik according to the Hanafi school.  The research utilized an inductive methodology to trace the applications of these maxims in "Al-Maslak al-Mutaqassit", a descriptive methodology to define the maxims, scholars, and books, and an analytical methodology to link the maxims to specific legal rulings and demonstrate their impact. The study reveals al-Qari's extensive reliance on maxims such as "Matters are determined by intentions", "Hardship begets facility", "Certainty is not over ruled by doubt", "Averting harm takes precedence over achieving benefit", and the Usuli distinction between "Fardh" Obligatory by definitive proof and "Wajib" Obligatory by probable proof, among others, thereby clarifying his robust foundational and jurisprudential methodology in dealing with the rulings of Manasik.