الاختيارات الفقهية لابن الملقن من خلال كتابه الأشباه والنظائر:دراسة فقهية مقارنة [The Jurisprudential Preferences of Ibn al-Mulaqqin in His Book Al-Ashbāh wa al-Naẓāʾir: A Comparative Fiqh Study]

Abstract

Ibn al-Mulaqqin is regarded as one of the independent jurists (mujtahids) of the Shāfiʿī school, a distinction clearly reflected in his book al-Ashbāh wa al-Naẓāʾir. In light of the limited specialized studies examining his legal opinions and their evidential foundations, this research seeks to highlight aspects of his jurisprudential choices in the areas of worship, transactions, and family law. It aims to explain the features of his jurisprudential approach in al-Ashbāh wa al-Naẓāʾir, clarify the issues in which he disagreed with the Shāfiʿī doctrine and study them comparatively, present his most significant choices, and analyze his manner of presenting legal questions. The study adopts both an analytical approach—by examining his views, clarifying his reasoning, and assessing them in relation to the authoritative Shāfiʿī position—and a comparative approach by weighing his choices against those of other schools. Ibn al-Mulaqqin relied heavily on the works of Ibn al-Wakīl and Ibn al-Subkī, and while his method of legal reasoning generally followed the Shāfiʿī framework, thereby confirming his place among the school’s mujtahids, the conciseness of al-Ashbāh wa al-Naẓāʾir does not fully reveal his scholarly depth. For this reason, the study recommends further examination of his jurisprudential positions in more extensive works, particularly ʿUmdat al-Muḥtāj Sharḥ Minhāj al-Nawawī, recently published but not yet thoroughly explored. In addition, the research sheds light on the methodological foundations of Imām al-Shāfiʿī (may Allah have mercy on him) in legal classification, drawing on evidence from his seminal work al-Umm, with particular reference to the chapters on numbers, ẓihār, liʿān, and intentional wounds. The significance of the study lies in the eminent position of Imām al-Shāfiʿī in jurisprudence and legal theory, and in the central importance of al-Umm for the Shāfiʿī school and the four Sunni schools more broadly. Methodologically, the study follows an inductive–deductive approach, structured into an introduction, five chapters, and a conclusion that summarizes the key findings and recommendations, foremost among them the necessity of grounding contemporary scholarship in the works of earlier authorities.