The Evident Memorandum: A Translation and Commentary for Ibn al-Mulaqqin al-Shāfiʿī’s Al-Tadhkirah fi al-fiqh

This volume contains an original commentary for Al-Tadhkirah (The Memorandum), a legal primer for Islamic Law according to the later scholars of the Shāfiʿī school by Ibn al-Mulaqqin, an Egyptian scholar who died in 804 AH/1401 CE. The commentary introduces essential evidence for the core issues of Islamic Law from its primary sources (the Quran, Sunnah, legal analogy, and scholarly consensus).

The Arabic text of Al-Tadhkirah is approximately 8,500 words in length. It is two hundred words longer than Abū Shujāʿ al-Aṣfahānī (b. 433AH/1042CE)’s Matn al-ghāyat wa-l-taqrīb (published as The Ultimate Conspectus). Although the two are roughly the same size, Ibn Mulaqqin’s style is more economical than Abū Shujāʿ’s, allowing him to cover more within the same word count. And while Ibn Mulaqqin discusses more issues, he does occasionally skip a few details that Abū Shujāʿ includes.

The primary sources for comments in this book are Ibn Mulaqqin’s books of fiqh, including Sharḥ Mukhtasar al-Tabrīzī, ʿUjālat al-muḥtāj, and Khulāṣat al-fatāwī. The bulk of the commentary comes from Sharḥ Mukhtaṣar al-Tabrīzī. Comments and hadith in the commentary can be sourced back to either one of Ibn Mulaqqin’s fiqh texts or a Shāfiʿī fiqh text through an appendix that cross-references each chapter and section in this book against its sources.  Each hadith mentioned in the book is traced back to its primary sources, along with a reference to one or more of Ibn Mulaqqin’s hadith works. In the few instances where a hadith is not included in one of Ibn Mulaqqin’s works, it is referenced it to a Shāfiʿī text that does. Through this, readers can be assured that the hadiths cited here are ones that Shāfiʿīs themselves use.

Readers will find the book most beneficial after reading The Accessible Conspectus and Sharh al-Waraqat.

This book offers a detailed presentation of the theory of Muslim law (usul al-figh). Often regarded as the most sophisticated of the traditional Islamic disciplines, Muslim jurisprudence is concerned with the way in which the rituals and laws of religion are derived from the Qur’an and the Sunna – the precedent of the Prophet. Revelation, which is given to man to restore unity and help him achieve a just and devout order in society as well as in the soul, must be interpreted so as to render it practicable in every culture, while not betraying its spirit and immutable provisions. To achieve this, additional sources of legal authority are recognized, including consensus (ijma), analogical deduction (qiyas), public interest (maslaha) and local customary precedent (urf). In employing these, the jurist guards the five principles which it is the purpose of Islamic law to uphold, namely, the right to life, sound mind, property, lineage and religion.