Taharah in Al-Qawanin al-Fiqhiyyah: Comparative Purity Law

The taharah chapter of al-Qawanin al-Fiqhiyyah exemplifies Ibn Juzayy's comparative method: presenting the Maliki position clearly, then noting where the other schools agree or differ and the significance of the differences.

On water, Ibn Juzayy presents the Maliki classification and then notes the significant differences. The Maliki school's approach to water quantity — practical assessment rather than the fixed two-qullah threshold — is contrasted with the Shafi'i and Hanbali two-qullah threshold. Ibn Juzayy notes that the Hanafi school also does not use the two-qullah threshold but distinguishes between flowing and standing water. These brief comparative notes orient students in the landscape of legal diversity without requiring them to study each school in depth.

On wudu, the comparative notes are most illuminating on the question of sequence (tartib). The Maliki and Hanafi schools do not require sequence in wudu — the four obligatory acts (face, arms, head, feet) may be performed in any order. The Shafi'i and Hanbali schools require sequence. Ibn Juzayy notes this clearly, explaining the evidential basis: the Quranic verse lists the wudu elements in a specific order, which the latter two schools interpret as obligatory and the former two interpret as descriptive.

On wiping the head, the comparative dimension is informative: the Maliki school requires wiping the entire head; the Shafi'i school requires wiping any part of it; the Hanafi school requires wiping a quarter; and the Hanbali school requires wiping the entire head but accepts a smaller amount as sufficient. Ibn Juzayy traces these differences to different readings of the same Quranic phrase, showing students how the same text can be interpreted differently by equally qualified scholars.

On the nullifiers of wudu, Ibn Juzayy's comparative notes reveal significant differences across the schools. The Maliki and Shafi'i schools agree that skin contact between a man and a non-mahram woman breaks wudu (with the Shafi'i school removing the desire qualification). The Hanafi school holds that such contact does not break wudu at all. The Hanbali school holds that contact with desire breaks wudu but contact without desire does not. These differences flow from different interpretations of the same Quranic verse.

For ghusl, the most notable comparative point is the Maliki requirement of rubbing (dalk) as obligatory, which none of the other three schools requires. Ibn Juzayy notes this as a distinctive Maliki position and explains its basis in the transmitted practice of Medina that Malik observed and transmitted.