The relationship between uṣūl and furū in İbn Rushd's understanding of fiqh

This study aims to present the jurisprudential contributions of Ibn Rushd al-Ḥafīd, who is well-known as a philosopher but also served as a distinguished jurist and chief judge. jurisprudential thought has been examined through his works al-Ḍarūrī and Bidāyat al-Mujtahid. The study consists of five main chapters. In the first chapter, Ibn Rushd's life is briefly discussed, along with information on the twenty-eight juridical works attributed to him. The second chapter explores his theory of legal rulings, covering terms such as wājib (obligatory), mandūb (recommended), ḥarām (unlawful), makrūh (reprehensible), mubāḥ (permissible), ṣiḥḥa (validity), fasād/buṭlān (invalidity/corruption), adāʾ (performance), qaḍāʾ (deferred performance), iʿāda (repetition), ʿazīma (rigorous practice), and rukhṣa (dispensation practice). The third chapter examines the sources of Islamic law according to Ibn Rushd, addressing the unanimously accepted sources Kitāb, Sunnah, ijmāʿ(consensus), istiṣḥāb (presumption of continuity), and qiyās (analogical deduction) as well as the disputed sources, including qawl al-ṣaḥābī (the sayings of a Companion of the Prophet (pbuh)), sharʿ man qablanā (revealed laws preceding the sharī'ah of Islam), istiḥsān (juristic discretion), maṣlaḥa (public interest), sadd al-dharāʾiʿ (blocking the means), and ʿamal ahl al-Madīna (the practice of the people of Medina). The fourth chapter delves into Ibn Rushd's understanding of dalālah (indications), focusing on alfāz (textual indications), mafhūm (the implied), and qarīna (circumstantial evidence). It further analyzes dalālat al-alfāẓ (the textual indications) through naṣṣ (the explicit), mujmal-mubayyan (the concise-elucidated), and ẓāhir-muʾawwal (the apparent-the interpreted). Additionally, dalālat al-mafhūm (implied meaning) is discussed in terms of iqtiḍāʾ (the required meaning), mafhūm al-muwāfaqa (the aggreement meaning), khitāb (addressed speech), and the indications of commands and prohibitions. In the last part, the study examines the indications of the Prophet's actions and tacit approvals (fiʿl and taqrīr). The fifth and final chapter discusses Ibn Rushd's views on ijtihād (legal reasoning) and taqlīd (imitation), the hierarchy of shar'i (legal) evidences, and the issue of taʿāruḍ (conflict). Additionally, each chapter includes examples illustrating the application of uṣūl (legal theory) in furūʿ al-fiqh (substantive law), comparing Ibn Rushd's approach to that of the Mālikī school to highlight the relationship between legal principles and their practical implications in his jurisprudential thought.