The Foundations of Jurisprudence - Sharh Al-Waraqât Of Imam Al-Juwaynî, Explained 'Abd Allah Salih by Al-Fawzân

This book is a brief explanation of the waraqât imâm al-harmayn in the science of the foundations of jurisprudence. I paid particular attention to using a simple style and clear expressions, all illustrated by examples.

This commentary originated from a series of lessons I gave to students at a mosque. Several brothers have expressed the wish to see me edit this commentary. I had initially abstained by advancing that many works of explanation and commentary existed for the waraqât. In front of their insistence, justified by the added value of these courses, I implored the help of Allah to answer their request.

The waraqat are a composition summarized in the science of the foundations of jurisprudence. It is attributed, notoriously, to the imam of the two holy places. This is one of the most famous summaries in this field, if not the best known. It addresses the main questions of this science, in a very concise style.

Allah (SwT) has allowed this composition to be favorably and widely received. Students, in the past and today, compete in its memorization, because of its conciseness and its scientific richness. Currently, its memorization and study are on the agenda of many scientific seminars.

More than one scholar has explained and expounded the meanings of the terms employed. Thus, comments and annotations were produced abundantly. Several scholars have written this short in the form of poetic verses to simplify memorization.

The foundations of jurisprudence constitute an eminent and rich science, which allows those who study it to be able to deduce from the Texts the legal rules they contain and this, from sound bases and authentic principles. The science of jurisprudence rests on these foundations and the jurist can only become acquainted with the practical legal rules after having learned the foundations of jurisprudence. The same goes for the traditionalist and the exegete.

The fundamentalist feels confidence and appeasement before the works written by the jurists of Islam, because they are based on sound rules and foundations.

The first scholar to have written an independent book about the science of the foundations is Imam Muhammad Ibn Idris al-Shâfi'î (150-2014H). after him, many scholars wrote books, more or less voluminous, sometimes in poetic composition. Thus, this science has become an object of independent study, with the chapters defined, the issues analyzed, such as the science of monotheism, jurisprudence and haith.

The author of these waraqâts and the sheikh of the Shafiites, Abû al-Ma'âlî'Abd al-Malik Ibn 'Abd Allah Ibn Yûsuf Ibn Muhammad al-Juwaynî, a native of Juwayn, a locality near Nishapur, he was born in 419H and studied jurisprudence from his father as a child. He went to Iraq, then to Mecca where he lived for four years. He also went to Medina where he gave legal opinions and taught. He then received the nickname Imam al-Haramayn. Then he returned to Nishapur where the vizier Nizam al-Mulk built him a school – the nizamiyya. He taught there and great scholars attended his classes.

In his beginnings, abû al-Ma'âlî adhered to the doctrine of the speculative theologians in the chapter of the Divine Names and Attributes, following the path of the Mutazilites and the Acharites. He had read extensively the works of Abu Hashim the Mutazilite and had no deep knowledge of the sayings [of the Ancients]. These two facts therefore had a significant impact on his thinking. However, later he adopted the path of the Elders (Salaf), as reported by the Sheikh of Islam Ibn Taymiyya.

Abu al-Ma'ali himself expressed his adoption of the path of the Ancients when he mentioned his belief in the Divine Names and Attributes in al-risala al-nizamiyya: "The opinion that we accept, the belief with which we worship Allah, is that we need Elders of the community. Follow-up takes precedence, the indisputable textual evidence on this point indicates that the unanimity of the community is an argument to be followed, Most of the Act goes back to this principle..."

Abu al-Ma'ali died in 478H in Nishapur. He left numerous works in the science of the foundations of religion, in jurisprudence, the divergences and the foundations of jurisprudence.