THE SIGNIFICANCE OF AL-ASHB?H WA’L-NA??’IR OF IBN NUJAYM

Abstract

Al-Ashb?h wa’l-Na??’ir ‘al? Madhhab Ab? ?an?fa al-Nu‘m?n is a seminal text in the field of legal maxims/principles (al-qaw?‘id alfiqhiyyah) compiled by the ×anaf? scholar Zayn al-D?n b. Ibr?h?m b. Mu?ammad, known as Ibn Nujaym. Compiling on al-qaw?‘id al-fiqhiyyah under the title al-ashb?h wa’lna??’ir started in the 8th/14th century by the ShÉfi‘?s. In fact, nearly all compilations in the genre by this title are by ShÉfi‘?s, with the exception of Ibn Nujaym, who states in the introduction to his book that he was inspired by a ShÉfi‘? work. After a brief introduction to Ibn Nujaym and the genre of al-qaw?‘id al-fiqhiyyah, this article offers a critical view of Ibn Nujaym’s book, with attention to the subjects it discusses, to what extent, if any, he follows Shafi‘? legal opinions, what distinguishes his writing from theirs, and the importance of the book within the ?anaf? school context. The author argues that the al-Ashb?h wa’l-Na??’ir of Ibn Nujaym was the first text compiled in the field of legal maxims/principles within the ?anaf? school after a period of neglect that had lasted about five centuries