Principles of Islamic Jurisprudence by MH kamali

Principles of Islamic Jurisprudence by MH kamali

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Unformatted text preview: ets prior to their prophetic mission, and matters pertaining to the status of the individual or his duties prior to the revelation of the Shariah, and also logical and linguistic matters of remote relevance to the practical rules of fiqh tend to feature more prominently in the works of the Shafiis and Mutakallimun than those of the Hanafis. The Hanafis have on the other hand attempted to expound the principles of usul al-fiqh in conjunction with the fiqh itself and tend to be more pragmatic in their approach to the subject. In short, the theoretical approach tends to envisage usul 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. Three of the most important works which adopt the theoretical approach to usul al-fiqh are AlMu'tamad fi Usul al-Fiqh by the Mu'tazili scholar, Abu al-Husayn al-Basri (d. 436), Kitab al-Burhan of the Shafii scholar, Imam al-Haramayn al-Juwayni (d. 487) and Al-Mustasfa of Imam Abu Hamid alGhazali (d. 505). These three works were later summarised by Fakhr al-Din al-Razi (d. 606) in his work entitled Al-Mahsul. Sayf A-Din al-Amidi's larger work, Al-Ihkam fi usul al-Ahkam is an annotated summary of the three pioneering works referred to above. The earliest Hanafi work on usul al-fiqh is Kitab fi al-Usul by Abu al-Hasan al-Karkhi (d. 340) which was followed by Usul al-Jassas of Abu Bakr al-Razi al-Jassas (d. 370). Fakhr al-Islam al-Bazdawi's (d. 483) well-known work, Usul al-Bazdawi, is also written in conformity with the Hanafi approach to the study of this discipline. This was followed by an equally outstanding contribution by Shams al-Din alSarakhsi (d. 490) bearing the title, Usul al-Sarakhsi. A number of other ulema have contributed to the literature in both camps. But a difference of format which marked a new stage of development was the writing of handbooks in the form of mukhtasars with a view to summarise the existing works for didactic purposes. The next phase in the development of literature on usul al-fiqh is marked by the attempt to combine the theoretical and deductive approaches into an integrated whole which is reflected in the works of both the Shafii and Hanafi ulema of later periods. One such work which attempted to combine al-Bazdawi's Usul and al-Amidi's Al-Ihkam was completed by Muzaffar al-Din al-Sa'ati (d. 694) whose title Badi' alNizam al-Jami 'Bayn Usul al-Bazdawi wa al-Ihkam is self-explanatory as to the approach the author has taken to the writing of this work. Another equally significant work which combined the two approaches was completed by Sadr al-Shari'ah, 'Abd Allah b. Mas'ud al-Bukhari (d. 747) bearing the title AlTawdi...
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This note was uploaded on 04/13/2013 for the course ISLAM 101 taught by Professor Islam during the Spring '13 term at Harvey Mudd College.

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