An Analytical Study of the Methodology, Intellectual Style, and Salient Characteristics of Taʾsīs al-Naẓar

Abstract

This article presents an analytical study of Taʾsīs al-Naẓar by Imām Abū Zayd al-Dabūsī (d. 430 AH), focusing on its methodology and distinctive scholarly features. The study emphasizes the importance of legal maxims (al-qawāʿid al-fiqhiyyah) and principles of juristic disagreement (uṣūl al-khilāf) as essential tools for understanding Islamic jurisprudence and resolving complex legal issues. It argues that al-Dabūsī’s work occupies a unique position in the intellectual history of Islamic law by systematically identifying the foundational principles that underlie juristic differences. The article highlights the author’s distinctive method of presenting each rule under the heading of “aṣl” (principle), avoiding lengthy theoretical explanations and direct citation of evidences, while instead clarifying concepts through multiple applied legal examples (furūʿ). It further examines the structured organization of the book into eight major categories of disagreement, covering differences among leading Ḥanafī jurists and between the Ḥanafī school and other prominent legal authorities such as Mālik, al-Shāfiʿī, and Ibn Abī Laylā. Moreover, the study demonstrates that Taʾsīs al-Naẓar preserves valuable material from extinct legal schools, thereby contributing to the protection of early Islamic legal heritage. The article concludes that this work represents one of the earliest systematic contributions to the science of juristic disagreement and remains a significant reference for scholars of Islamic legal theory and comparative fiqh.