Muhammad Anwar Shah Al-Kashmiri and his Thought of Jurispudence

Muhammad Anwar Shah Al-Kashmiri is an Indian scholar who made an effort to ground jurisprudence issues with abiding by traditional science and law understanding and became prominent as the pioneer of Islam law tradition from this aspect at a period when modernity established a powerful domination on Islam thought history. Works of Kashmiri who worked to analyze religious-legal text throughout his education and training life which lasted more than forty years and tried to identify norm-purpose relation, provided abundant bases which confirmed basis thesis of Hanafi doctrine which he belonged to, could contribute a lot to Islamic law accumulation with its aspects which include unique enquiry and fixation. Analyzing jurisprudence thought of Kashmiri is also valuable in terms of shedding light on legal accumulation of Indian subcontinent where a big transformation occurred intellectually in XIX and XXth century. This research aims to analyze distinguishing patterns of law thought of Kashmiri and factors which caused this thought to be created. The thesis has one introduction and two main parts. In introduction part, framework and resources of the research and information related to purpose and importance of the subject were talked about. In the first part, biography, scientific personality and historical background of law thought of Kashmiri were talked about and then theoretical framework and characteristic features of thought of jurisprudence were presented. In the second part in which his direct views on procedure issues were dealt with, his information theory built with his jurisprudence procedure concepts was touched; and then his procedure thoughts were approached based on the evaluations of resource (evidence), provision, interpretation (wording), and opinion (ijtihad) concepts of the classical procedure systematic. In this regard, grades and preference theory, applied in legislation and revealing of provisions to characterize the distinguishing feature of the law thought, were examined under different titles. Keywords: Indian Subcontinent, Kashmiri, Grades, Wording, Interpretation