Concept and law of interpretation of legal text according to Islamic jurists
Abstract
In this article the method of Fuqaha (who have deductive approach and
mainly attributed to the Hanfis) and Mutakalemeen (theoretical approach
adopted by the Shafi School and the Mutakllimun) has been enunciated
along with characteristic of both methods and distinguished from each
other. Furthermore, different kinds of interpretation of legal texts
introduce by deductive approach has been discussed in detail. Moreover,
their status, examples, conditions and the opinions of jurists have also
presented in this regards.Afterwards, different kinds of interpretation of
legal texts introduced by theoretical approach, and differences between
these approaches have also been highlighted.
The theoretical approach tends to envisage Usual-al-fiqh as an
independent discipline to which the Fiqh must conform, whereas the
deductive approach attempts to relate the Usul-al-fiqh more closely to
the detailed issues of the furu-al-fiqh. When, for example, the Hanafis
find a principle of Usul to be in conflict with an established principle of
Fiqh, they are inclined to adjust the theory to the extent that the conflict
in question is removed, or else they try to make the necessary exception
so as to reach a compromise.
The point in which both have adopted different point of view is the
division of text, so the Fuqaha have divided it in to eight kinds as Zahir ,
Nas, Mufasar ,Muhkam, Khafi, Muskil , mujmal and Mutashbih, while
Mutalaleemin have made three kinds of text as Zahir, Nas and Mujmal.
Abd-ul-Wahab Jan Al-Azhari, Dr Fazl-ur-Rahman. (2018) مفہوم التاویل وحکمه عند الاصولیین, Hazara Islamicus, Volume 7, Issue 1.
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