| 520 |
|
|
|b Praise be to God and peace and blessings be upon our master Muhammad, the Messenger of God, and upon his family and those who follow him This is an abstract of a research paper entitled “Particularizing the definitive text by means of the speculative and its effect on Islamic jurisprudence”. The resources for this paper include principles of jurisprudence (usul al-fiqh), jurisprudence (fiqh), exegesis (tafsir), and traditions (hadith). The paper comprises an introduction, three chapters, and a conclusion. The Introduction It includes a definition of general text (al-‘amm), its different kinds, and the ex-planation of each kind; a definition of particularization (takhsis), kinds of speci-fiers; the meaning of definitive (maqtu’) and speculative (maznun). Chapter 1 It discusses the particularization of Qur`anic verses and sunna mutawatra (hadiths that go back to a large number of Companions, all of which support one another) by means of al-khabar al-ahad (solitary hadiths-traditions that go back to only one or very few Companions). The chapter includes: - Scholarly opinions on particularizing Qur`anic verses and the sunna mutawatra by means of al-khabar al-ahad; - The effect of legal divergence on particularizing Qur`anic verses and sunna mutawatra by means of al-khabar al-ahad on Islamic jurisprudence. Chapter 2 It discusses particularizing Qur`anic verses and sunna mutawatra by means of analogy (qiyas). The chapter discusses: - Scholarly opinions particularizing Qur`anic verses and the sunna mutawatra by means of analogy. - The effect of legal divergence on particularizing Qur`anic verses and sunna mutawatra by means of analogy on Islamic jurisprudence. Chapter 3 It discusses particularizing Qur`anic verses and sunna mutawatra by means of al-qira`a al-shadha (extra-canonical reading). The chapter discusses: - Scholarly opinions on particularizing Qur`anic verses and the sunna mutawatra by means of al-qira`a al-shadha. - The effect of legal divergence on particularizing Qur`anic verses and sunna mutawatra by means of al-qira`a al-shadha on Islamic jurisprudence. Conclusion It comprises the results reached, the most important of which are: - For the majority of scholars, the sphere of particularization is wider than that for Hanafi scholars. - The dominant opinion of scholars is the permissibility of particularizing the definitive by means of the speculative. There are many instances of Islamic legal rulings in which speculative texts particularize definitive ones. - By reflecting on the opinions of Islamic legal theorists on particularization of the general by means of analogy, it becomes evident that this includes all kinds of analogy-whether definitive or speculative-which particularize general texts. I ask God to grant us sincerity and benefit us from what He teaches us and praise be to God, Lord of the worlds.
|
