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Bidayat al-Mujtahid Wa Nihayat al-Muqtasid
The Distinguished Jurist's Primer

by Ibn Rush-
Translated by Professor Imran Ahsan Khan Nyazee
Reviewed by Professor Mohammad Abdul Rauf
Volume 1 PAPER BACK 660 Pages
Volume 2 PAPER BACK 675 Pages

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.

Imran Nyazee is Assistant Professor at the International University, Islamabad. He is currently in charge of training and publications at the Shari’ah Academy, a unit of the International Islamic University.

The well known Book on Khilaf, a discipline that records and analyses the differences among Muslim Jurists.

"My purpose in this treatise is to lay down in it for myself, by way of remembrance, the issues (Masa'il) of the Ahkam that are agreed upon and those that are disputed, along with their evidences, and to indicate those bases of the disputes that resemble general rules and principles, for the Faqih (jurist) may be presented with problems on which the Shara' (law) is silent"
The issues are mostly those that are expressly stated in the Manthuq (unstated text of the Nass), or are closely related to those that are so stated. They are the issues agreed upon by the Muslim Fuqaha (jurists) since the generation of the Sahabah (Companions - God be pleased with them) till such time that Taqlid (following qualified scholarship) was rampant, or those over which a difference of opinion among them became widely known-
"Taken from the Preface by Ibn Rushd "

Ibn Rushd was a Maliki Qadi but presents the views of other schools ( Hanifi, Shaf'ee and hanbali) 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 knows works of ilm-ul- Khilaf, a discipline that records and analyses the differences among Muslim Jurists.

It is part of a series of Arabic Works, made available in English by the "Center for Muslim Contribution to Civilization".

The Quality of Translation and Print is as high as the Level of this Work.

Contents Volume 1- Bidayat al Mujtahid

Preface of Bidayat al Mujtahid

Published By Garnet UK

Vol. I • 660 pages • 240 x 168 mm • Paper £22.00 • ISBN 1 85964 138 5
Vol. II • 676pp • 240 x 168 mm • Paper £22.00 • ISBN 1 85964 139 3
Vol. I • 660pp • 240 x 168 mm • Cased £60.00 • ISBN 1 87393 813 6
Vol. II • 676pp • 240 x 168 mm • Cased £60.00 • ISBN 1 87393 893 4

Reviews
‘an extremely high quality translation of an important Islamic document’
Dialogue

‘Ibn Rushd’s classic work occupies a unique place among the authoritative manuals of Islamic Law.’
Dialogue

‘These two volumes together provide a very valuable insight into the legal work that Ibn Rushd undertook.'
Journal of Islamic Studies

‘this translation will be of particular interest to both the academic, the lawyer, as well as the teacher and student of comparative legal/cultural studies...an excellent choice [was made] in undertaking this translation.’
Yearbook of Islamic & Middle Eastern Law

‘The translator of the book, Imran Ahsan Khan Nyazee, should be applauded for his work in rendering this invaluable piece of Islamic jurisprudence into English.’
Islamonline

 

Read:
About Ibn Rushd
  Preface to Bidayat al Mujtahid by Ibn Rushd      Contents Volume 1 Bidayat al Mujtahid

"And clothe not Truth with falsehood, nor conceal the Truth when you know (what it is)." [Al-Baqara: 42]


 

 
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