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Chapter 1 of 52 min read
القوانين الفقهية: موسوعة ابن جُزيّ الفقهية المقارنة
Muhammad ibn Ahmad ibn Muhammad ibn Juzayy al-Kalbi al-Gharnati (d. 741 AH / 1340 CE) was a prominent Maliki scholar of Granada in Al-Andalus and the secretary of Sultan Abu Sa'id of Morocco, for whom the famous traveler Ibn Battuta dictated his travels. Ibn Juzayy was a man of broad scholarly cultivation, producing works in Quranic exegesis (his Tashil fi 'Ulum al-Tanzil is a respected tafsir), Arabic grammar, and Islamic law.
Al-Qawanin al-Fiqhiyyah fi Talkhis Madhab al-Malikiyyah wa al-Tanbih 'ala Madhab ash-Shafi'iyyah wa al-Hanafiyyah wa al-Hanabilah — 'The Legal Canons in Summarizing the Maliki School and Drawing Attention to the Schools of the Shafi'is, Hanafis, and Hanbalis' — is Ibn Juzayy's systematic compendium of Maliki fiqh with comparative notes on the other three schools. The full title captures the work's distinctive character: it is a Maliki fiqh text that simultaneously provides a concise introduction to the major positions of all four schools.
This comparative approach was unusual in the classical period, when school-based legal texts typically focused on presenting the positions of a single school without systematic comparison. Ibn Juzayy's decision to include comparative notes on the other schools made al-Qawanin al-Fiqhiyyah a uniquely valuable resource for scholars seeking to understand the landscape of Islamic legal opinion across the schools, as well as for Maliki practitioners who might encounter questions from members of other schools.
The work's format presents each legal topic first with the Maliki position, then with brief comparative notes indicating where the other three schools agree or differ and what the main points of divergence are. This comparative design required Ibn Juzayy to have a working knowledge of all four schools' positions, a level of breadth that reflects the Andalusian tradition's engagement with the diversity of Islamic legal thought.
Ibn Juzayy's al-Qawanin al-Fiqhiyyah became a valued reference in the Maliki world, particularly for scholars and judges who needed to understand the positions of other schools — a practical necessity in cosmopolitan cities where Muslims of different school affiliations sought legal guidance. It also served as a comparative introduction to Islamic jurisprudence for students beginning their study of legal diversity.