Fiqh Principles and Legal Maxims in “Kitab al-Ayman” of al- Bada’iʿ al-Ṣana’iʿ Fi Tartib-i- Shara’i: An Analytical Study

Abstract

This research paper explores the juristic principles (uṣūl wa ḍawābiṭ fiqhiyyah) found in Kitab al-Ayman (Book of Oaths) within Bada’iʿ al-Ṣana’iʿ fī Tartib al-Shara’iʿ, written by the eminent Ḥanafi jurist Imam Abu Bakkar al-Kasani (d. 587 AH). The study highlights al-Kasani’s methodological depth in interpreting the concept of Yamin (الیمین) oath, through both textual evidence and rational analysis. It classifies the foundational fiqh principles he used—such as the primacy of intention, the sanctity of Allah’s name, and the sequential obligation in expiation (kaffarah)—and evaluates their application in various juristic scenarios. The research concludes that Kitab al-Ayman serves not only as a detailed legal text but also as a rich source of applied fiqh methodology, balancing ta‘lil (rational reasoning) and naql (textual transmission) in a unique juristic synthesis.