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Abstract

Allama Ala' al-Din al-Kasani (d. 1191 CE), a prominent Hanafi jurist, is renowned for his magnum opus, Bada'i' al-Sana'i' fi Tartib al-Shara'i' (The Marvellous Arts in the Arrangement of the Laws). This extensive work, running into seven volumes in modern print, is not merely a commentary on his teacher al-Samarqandi's Tuhfat al-Fuqaha' but rather a systematic and comprehensive exposition of Hanafi fiqh.
While the term "thematic interpretation" might not have been explicitly used in the classical usul al-fiqh (principles of jurisprudence) literature in the way it is discussed today, we can discern elements of thematic organization and interpretation in al-Kasani's approach within Bada'i' al-Sana'i'. Here are some aspects of his style that reflect a thematic understanding of Islamic law:
Systematic Arrangement: The very title of his book, "in the Arrangement of the Laws," indicates a deliberate effort to organize the legal rulings in a structured and logical manner. He doesn't just present individual rulings; he groups them under specific thematic chapters and sub-chapters. This arrangement allows for a holistic understanding of related legal issues.
Comprehensive Coverage: Al-Kasani aims for a thorough treatment of various legal domains. Within each thematic chapter (e.g., on marriage, divorce, sales, etc.), he delves into numerous related issues, exploring different scenarios and rulings. This comprehensive approach reflects an understanding of the interconnectedness of legal topics within a broader theme.
Outlining Principles: Before delving into the details of each chapter, al-Kasani often begins with an outline, clearly stating the subjects he intends to cover. This methodological clarity helps the reader understand the scope and thematic focus of the subsequent discussion.
Integration of Underlying Rationale: While primarily a work of furu' (detailed legal rulings), Bada'i' al-Sana'i' implicitly reveals the underlying rationales and principles behind the specific rulings through the way al-Kasani presents and discusses them. By juxtaposing different rulings within a thematic framework, he allows the reader to discern the broader objectives and considerations of the Shari'ah related to that theme.
Comparison and Contrast: In his exposition, al-Kasani often compares and contrasts different rulings within the same thematic area, highlighting the nuances and distinctions based on varying circumstances. This comparative approach aids in a deeper understanding of the thematic coherence and the specific application of general principles.
Influence of Usul al-Fiqh: Although not explicitly focused on usul, al-Kasani's interpretations are undoubtedly informed by the principles of Hanafi jurisprudence. His thematic organization and the way he derives and presents rulings reflect the underlying methodologies of legal reasoning within the Hanafi school.
It's important to note that al-Kasani's work is primarily a detailed manual of Hanafi law. His "thematic interpretation" is manifested in his systematic organization, comprehensive treatment of related issues, and the implicit illumination of underlying principles within specific legal domains, rather than an explicit methodological framework of thematic analysis as might be found in later works focusing on the philosophy or objectives (maqasid) of Shari'ah.
Despite its methodological clarity, Bada'i' al-Sana'i' did not have an immediate major impact on the development of Hanafi law, perhaps overshadowed by other contemporary works like al-Marghinani's Al-Hidayah. However, its modern print edition in the 20th century has brought it significant attention, and it is now considered a central text in Hanafi academic institutions.