POSTED ON November 23, 2022 2:52 am
Ushul Fiqh Abu Zahrah.pdf !!INSTALL!!
Ushul Fiqh Abu Zahrah.pdf
Dhara’i’ (pl. dhar’at, miss. dhurat) is a term which is generally accepted as a law-making tool and not limited merely to the determination of legal, legal-moral, or lexical rules. In modern parlance, it refers to a creative and pragmatic approach towards a problem in order to arrive at a solution that satisfies all the conflicting and contradictory requirements. It should be noted that the term has a slightly different status in the two branches of Islamic jurisprudence, namely, the fiqh and the mufti. In fact, not only are the two theses sharply distinct in character, they have a mutual dependence. So far as the fiqh is concerned, the end of the entire quest must be the appearance of a practical solution in accordance with the guidelines that the traditions of the Holy Prophet, may Allah bless him and grant him peace, have laid down. For this purpose, it is necessary to define the concept of dhara’i’. In the fiqh, it is the element of judgement, in the interpretation of the direct texts, or the application of general principles.
This concept was first articulated by the pioneers of modern fiqh, such as al-Shafi’i and al-Mawardi. In their Muwatta’, they distinguished three categories of rules, namely: a) rules of the text, which are the fundamental guidelines of the Qur’an and the sunnah; b) rules of inference which are inferred from these two sources; and c) rules of application which are determined based on the fundamental guidelines and the fundamental rules of inference. Other fiqh scholars like al-Qurtubi, the Grand Mufti of Egypt, Ibn al-Juwayni, Ahmad al-Da’ud and others have highlighted the importance of the concept of dhara’i’ in fiqh al-mu’tamid. The Turkish scholar, Aydin, has noted the two kinds of dhara’i’: positive and negative. Although the development of fiqh is going on to a certain extent, there is no doubt that dhara’i’ has remained the lifeblood of modern fiqh. If the aforementioned requirement is adhered to, no one will be in a position to argue that fiqh has become a mere ‘bookish thought’, since it is intimately related to the functions of man and his day-to-day activities. There are still many fiqh scholars in the world who believe that it was due to the tendency to focus on the wrong elements that we find such an immense disparity between the accepted laws and their application.
Two categories of fuqaha are usually mentioned in the text books on fiqh: those who lived from the time of the Prophet, may Allah bless him and grant him peace, and those who lived after the Second Generation. It is said that there are no detailed books on fiqh from the latter, which is a topic for another book; I am concentrating on those who lived from the time of the Prophet, may Allah bless him and grant him peace, who introduced the great scholars of the Third Generation. Two of them are quoted in Ushul-fiqh as follows:”Muhammamd Ibn al-Jafri said: ‘He who says: “I understood this from al-Jazari” will not be rewarded…. The news of the success of the lawyers was carried to Ibn Abi….
The other category is the older generation. This category has been mentioned for the first time in the book by Ibn al-Hajar al-‘Asqalani. He writes: “The older generation is the generation which followed the companions of the Prophet, may Allah bless him and grant him peace. Its legislators and experts on the law, on the jurisprudence and the rules of ijtihad, like At-Tirmidhi and Ibn al-Hajar (al-Asqalani), followed in the footsteps of al-Shafi`i, al-Zamakhshari, al-Asqalani and al-Nawawi. At-Tirmidhi said: ” The older generation is the generation which followed the companions of the Prophet, may Allah bless him and grant him peace…. Usul al-fiqh. A different lesson from the same book [Ahmad ibn Fadlan, 1978]… Men needn’t be scholars to write like Ibn Taymiyya, but all Muslim persons have the skill to write like him and so we have a great and comprehensive book on usul al-fiqh in the world. Usul al-fiqh. By MN Musharraf Sheikh Yahya Adel Ibrahim, Sheikh Abu Zaid Zameer. Sheikh Salih Al-Fawzan,.. Ahmad ibn Sha’ban. Takhassul ar-ruh bi ‘l-usul al-fiqhi. ‘Ahmad Ibn Muhammad bin Abu Zurr’….