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Title: The Impact of Early Jurisprudential Methodology (Fuqaha and Mutakallimin) on Contemporary Jurisprudential Thought
Authors: Asif, Muhammad
Keywords: Religious Studies
Islamic Studies
Issue Date: 2021
Publisher: Islamia University, Bahawalpur.
Abstract: Muslims are unique in their endorsement of two basic sciences and intellectual invention: 1 Principles of Jurisprudence 2 Knowledge of the terminology and principles of Hadith. The first knowledge is to extract problems and to preserve the method of Ijtihad and to know the order 0f Shari'ah correctly.The second is for the investigation of the narrated hadith and the knowledge of the hadith of the Prophet for the sake of authentic, good, weak and subject matter. There are two methods in compiling the principles of jurisprudence. The method of the Hanafis is called the method of the Fuqahā and the method of all other fundamentalists is called the method of the Mutakallimīn or Shwafie. Similarly, in the interpretation of texts, both have adopted different methods. Both of them have divided the meaning of the word into clear and Ambiguous. Fuqahā have divided the word clear into four types Manifest, Explicit,Elaborated and Unalterally Fixed. And the word ambiguous is also divided into four types: Obscure,Difficult,Unelaborated and Unitelligible.And this is called Mutaqablaat. Mutakallimīn have divided the word Clear into two types Manifest and Explicit۔They also devided the word ambiguous into two types Unelaborated and Unintelligible.And in the same way, both of them have adopted different method in the mTuruq e Dalālāt. And they have divided it separately depends on. Which has an effect on the state of the order at the time of Inference rules. According to the Fuqahā, there are four ways Semantics methods:The Plain Meaning of the Text, The Connotation of the Text, The Implication of the Text and Requirement of the Text by Necessity. According to Mutakallimīn, there are two types of Semantic: pronounced and concept Semantic.The detailed arguments from which the Fuqahā and Mutakallimīn have inferred the rules are called the principles of ijtihad, through which the issues arising are resolved. Also some rules are coincidental and some are contradictory between Fuqahā and Mutakallimīn. After the period of stagnation and decline, the modern era has seen the rise of new trends in the compilation of the principles of jurisprudence. Some books on the principles of jurisprudence in the Arab region have tried to formulate in the style of French principles of law.And in the subcontinent too, an attempt has been made to formulate the principles of jurisprudence on the basis of Western principles of law. Books written on the principles of jurisprudence in modern times did not follow any particular method. Rather, the two methods have been combined in this way that the principles of jurisprudence come to the fore in a simple form.
Gov't Doc #: 25217
Appears in Collections:PhD Thesis of All Public / Private Sector Universities / DAIs.

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