The Jurisprudential Principles and Regulations in the Book of Marriage (Kitab-Un-Nikah) By Badai' Al-Sana'i: A Research and Analytical Study

Abstract

This article presents an analytical and literary introduction to the life and scholarly contributions of Imam ʿAlāʾ al-Dīn Abū Bakr al-Kāsānī (d. 587 AH)—one of the most distinguished jurists of the Ḥanafī school. Renowned for his exceptional intellectual depth, refined legal reasoning, and systematic methodology, al-Kāsānī occupies a central place in the history of Islamic jurisprudence. The paper highlights his early life, educational background, teachers, and the intellectual environment that shaped his scholarly personality. Special emphasis is placed on his magnum opus Badā’iʿ al-Ṣanā’iʿ fī Tartīb al-Sharā’iʿ, a monumental and comprehensive exposition of Ḥanafī fiqh. The article explores the unique features of this work—its structural organization, methodological clarity, reliance on Qur’an, Hadith, legal maxims, and juristic principles, as well as its extensive comparison of differing scholarly opinions. Furthermore, the article underscores al-Kāsānī’s mastery of legal reasoning, his ability to interlink jurisprudence with its foundational principles, and his contribution to fiqh, usūl al-fiqh, and juristic maxims. His personal qualities, elegant writing style, and notable historical anecdotes—such as presenting his masterpiece as mahr—are also briefly discussed. The conclusion reaffirms that al-Kāsānī’s legacy, particularly through Badā’iʿ al-Ṣanā’iʿ, continues to illuminate the path of students, researchers, and jurists, and remains a foundational source for the study and application of Ḥanafī jurisprudence.