استنباطِ احکام میں فقہائے احناف اور اہل ظواہر کا منہج اور عصری معنویت

Methodology of Ahnāf and Zawāhir Jurists in Deriving Rulings and Its Current Ideality

1. Dr. Abdul Ghaffar,
Associate Lecturer,
Department of Islamic Studies,
The Islamia University of Bahawalpur, Punjab, Pakistan

2. Dr. Muhammad Asif
Visiting Lecturer,
The Islamia University of Bahawalpur, Punjab, Pakistan

Abstract:

Islamic Sharīʿa gives importance to intellect as well as imitation. For better comprehension of imitation, it is necessary to have perception. Intellect is helpful for imitation to interpret comprehensively. There is no dissension in imitation but for Intellect having a difference in way of thinking and intelligence quotient, there might be dissension. In Islamic Jurisprudence, there are five schools of Fiqh  (Ḥanafī, Mālḳī, Shafi՚ī, Ḥanblī, and Ẓāhirī). Each one has its principles of interpretation. There is a dire need for comparison among these schools of Fiqh. In this article, it has been tried to compare the principles of interpretation between the Hanafi and Zaheri schools of Fiqh. Islamic law regulates the practical affairs of life such as virtual laws, family matters, financial matters, banking laws, judicial proceeding affairs, inheritance, and criminal laws. In this article, an introduction of both jurisprudential scholars, Imam AbŪ Ḥanīfa and Imam AbŪ Dawud Ẓāhirī including their famous students who have a great contribution, has been discussed. A valuable discussion has also been done on their principles of interpretation. These two schools of Fiqh have two different origins and places, but both follow Qu՚rān, Sunnah/Ḥadith, and Ijmā՚ as the primary sources of interpretation while other sources such as Qiyās, Istiḥsan, Shara՚ mā Qabl, Urf are quite different. Ẓāhirī scholars do not accept Qiyās and Istiḥsan as a source of interpretation, but they accept Dalīl and Istashab as a primary source of interpretation.

Keywords: Ḥanafī, Ẓāhirī, Qu՚rān, Ḥadith, Sunnah, Ijmā՚, Qiyās,  Istiḥsan, Urf, Istisḥab, Dalīl

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