استنباط احکام میں جمہور فقہا کا منہج اور دلالات: ایک تحلیلی جائزہ

Abstract

Present study focuses on Shāfi‘ī and other non-Ḥanafī (jumhūr and mutakallimīn) principles and methodologies of textual interpretation in the genere of Islamic legal theory. These principles formulated by jumhūr are based on deductive reasoning and strictly follow the texts (nuṣūṣ) of the Qur’ān and ḥadīth in order to extract meanings of words and juristic rules thereby. Four methods to deduce meaning from the text are common between Ḥanafīs and jumhūr. For Ḥanafīs they are called ‘ibārat al-naṣṣ, ishārat al-naṣṣ, iqtiḍā’ al-naṣṣ and dalālat al-naṣṣ, whereas they are named as manṭūq, īmā’, ishārah, iqtiḍā and mafhūm al-muwāfiq by Shāfi‘īs and jumhūr. Another method, which is highly regarded by mutakallimīn, and rejected by Ḥanafīs and termed as wujūh al-fāsidah, is called mafhūm al-mukhālif (taking opposite meaning due to the absence of the cause that binds to take straight meaning from the text). The article analyses nature, kinds, foundations and principles behind this method and conditions for using mafhūm al-mukhalif and suggests that although Ḥanafī theorists reject this method but somehow utilize it partially with different names and with certain conditions. Use of mafhūm al-mukhalif by jumhūr or mutakallimīn and its general rejection by Ḥanafīs is one of the reasons that in positive law Ḥanafī fiqh stands alone from the other schools (jumhūr).