Al-mustasfa min 'ilm al-usul () or On Legal theory of Muslim Jurisprudence is a 12th-century treatise written by
Abū Ḥāmid Muḥammad ibn Muḥammad al-Ghazali (Q.S). While Ghazali was deeply involved in
tasawwuf
Sufism ( ar, ''aṣ-ṣūfiyya''), also known as Tasawwuf ( ''at-taṣawwuf''), is a mystic body of religious practice, found mainly within Sunni Islam but also within Shia Islam, which is characterized by a focus on Islamic spirituality, r ...
and
kalam
''ʿIlm al-Kalām'' ( ar, عِلْم الكَلام, literally "science of discourse"), usually foreshortened to ''Kalām'' and sometimes called "Islamic scholastic theology" or "speculative theology", is the philosophical study of Islamic doc ...
,
Islamic law
Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the ...
and
jurisprudence
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning a ...
formed the core of his concerns.
Structure
Most of Ghazali's activity was in the field of
jurisprudence
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning a ...
and
theology
Theology is the systematic study of the nature of the divine and, more broadly, of religious belief. It is taught as an academic discipline, typically in universities and seminaries. It occupies itself with the unique content of analyzing the ...
. He completed this book towards the end of his life. The book described:
The Sharia rules
The Sharia rules were further categorized into following:
* The Essence of the Rules
* The Categories of the Rules
* The Constituents of the Rules
The Sources of the rules
The Sources of the rules included:
* The First Principal Sources (
Quran
The Quran (, ; Standard Arabic: , Classical Arabic, Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation in Islam, revelation from God in Islam, ...
and
The Book of Abrogation)
* The Second Principal Sources (
Sunnah
In Islam, , also spelled ( ar, سنة), are the traditions and practices of the Islamic prophet Muhammad that constitute a model for Muslims to follow. The sunnah is what all the Muslims of Muhammad's time evidently saw and followed and passed ...
)
* The Third Principal Sources (
Ijma
''Ijmāʿ'' ( ar, إجماع , " consensus") is an Arabic term referring to the consensus or agreement of the Islamic community on a point of Islamic law. Sunni Muslims regard ''ijmā as one of the secondary sources of Sharia law, after the Qur ...
)
* The Fourth Principal Sources (
Rational Proof and
Istishab
Istishab ( ar, استصحاب ) is an Islamic term used in the jurisprudence to denote the principle of the presumption of continuity. It is derived from an Arabic word ''suhbah'' meaning accompany. It is one of the fundamental principles of the ...
)
References
{{Reflist
Books by Al-Ghazali
Books about Islamic jurisprudence
12th-century books
Persian literature