Derivation of Subsidiary Rulings from Foundational Legal Principles According to Sheikh Ibn ‘Uthaymeen - May Allah Have Mercy on Him - in His Commentary on Al-Nawawi’s Forty Hadiths

Abstract

This study aims to identify and examine eight uṣūlī principles (legal maxims) either explicitly stated or implicitly referenced by Shaykh Muḥammad bin Ṣāliḥ Al-ʿUthaymīn (may Allah have mercy on him) in his commentary on Al-Arbaʿīn Al-Nawawiyyah (The Forty Nawawī Ḥadīths). The research explores the subsidiary rulings (furūʿ) that the Shaykh deduced from these principles, highlighting the logical connections between each ruling and its corresponding legal foundation.

The significance of this research lies in its integration of jurisprudential theory (uṣūl al-fiqh) with applied law (fiqh), thereby bridging the gap between abstract legal principles and their practical applications. The study is anchored in the renowned compilation al-Arbaʿīn Al-Nawawiyyah, in which Imām Al-Nawawī collected Prophetic traditions that encapsulate the core principles of Islam. Shaykh Ibn ʿUthaymīn’s commentary is particularly distinguished by his method of deriving uṣūlī principles from these traditions and employing them to formulate insightful juristic judgments.

The choice of this topic is further justified by the enduring scholarly relevance and widespread acceptance of Al-Arbaʿīn Al-Nawawiyyah, a concise yet profound work revered across generations for its comprehensive reflection of Prophetic guidance.

The study adopts a deductive-analytical approach, tracing legal principles (uṣūl) and their respective rulings (furūʿ) within the commentary. It includes references to Qur’ānic verses, verification of ḥadīths, clarification of complex terms, and biographical overviews of key figures mentioned in the text.

Key findings of the research include:

• Al-Arbaʿīn Al-Nawawiyyah represents a concise yet foundational work that encapsulates the essential tenets of Islamic jurisprudence.
• Shaykh Ibn ʿUthaymīn skillfully extracted significant uṣūlī principles from these ḥadīths and employed them to derive practical legal rulings.
• The research underscores the need for greater academic engagement with the methodology of deriving furūʿ from uṣūl, whether through transmitted sources or independent juristic reasoning (ijtihād).