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area of the law, such as naẓariyyat al-darūra (theory of necessity), naẓariyyat al-milkiyyah (theory of ownership), naẓariyyat al-'aqd (theory of contract), and so forth. This level of theoretical development marks a departure from the earlier style of juristic writing in fiqh, where topics were poorly classified, and themes pertaining to a particular area were scattered in different places. The naẓariyyāt literature seeks to overcome that, and offer a systematic treatment of its subject matter that aims to be self-contained and convenient to use.

The naẓariyyāt literature draws upon the combined resources of fiqh in all areas, including the qawā'id, the ḍawābiṭ and the furūq. Yet, the naẓariyyāt are usually not expected to reproduce the detailed formulation of these related branches, as theory-oriented works generally seek to be concise, and clear of repetition and unnecessary detail; it also incorporates new methods of writing and research which are more effective and less time-consuming.

The naẓariyyāt literature not only aims at improved forms and methods of writing, but often seeks to advance and develop some of the substantive aspects of the fiqh doctrines. With regard to the law of contract, for example, 'Abd al-Razzāq al-Sanhūri (d. 1969) has observed that the fiqh literature in this area is focused on the detailed exposition of a number of nominate contracts, and treats each contract separately. The Hanafi jurist 'Alauddīn al-Kāsāni (d. 589/1198) has thus dealt with nineteen nominate contracts, many of which have aspects in common, and, of course, they also differ in other respects. A perusal of the relevant literature of fiqh on contracts, al-Sanhuri noted, leaves the reader questioning (a), whether these could all be consolidated in order to highlight the features they all have in common; (b), whether the fiqh validates contracts other than these; and (c), whether the fiqh recognises the basic freedom of contract on the basis merely of an agreement which does not violate morality and public interest.⁴¹ Questions of this nature are likely to be addressed in the naẓariyyāt literature, which is better consolidated, and encompasses salient developments of interest to the subject.

The naẓariyyāt literature is not entirely without precedent in the fiqh works. With reference to the theory of contract, for example, we may note that significant progress had been made by the Hanbali ulama, Ibn Taymiyya (d. 728/1348) and his disciple, Ibn Qayyim al-Jawziyya, whose