نظرية النسخ عند الإمام الشافعي (دراسة تأصيلية، تطبيقية)

Abrogation (al-nāsikh wa al-mansūkh) is one of the established disciplines in Islamic jurisprudence, with clear occurrences in both the Qur'an and the Prophetic Sunnah. Among the most debated forms of abrogation are the abrogation of the Qur'an by the Sunnah and the abrogation of the Sunnah by the Qur'an. These issues have sparked considerable scholarly discussion and a variety of perspectives. Imam al-Shāfiʿī's theory of abrogation is distinguished by its unique methodological approach. He notably opposed the idea that the Sunnah could abrogate the Qur'an, based on a fundamental legal principle: the Qur'an is the primary source of Islamic law, while the Sunnah serves as its explanatory and subsidiary source. Thus, the Sunnah cannot abrogate what is foundational to it. Likewise, al-Shāfiʿī rejected the notion of the Qur'an abrogating the Sunnah unless there existed another authentic Sunnah explicitly supporting that abrogation. This study explores the issue of "abrogation in Prophetic Hadiths," with the aim of elucidating Imam al-Shāfiʿī's scientific methodology in addressing abrogation, particularly his position on Hadiths he chose not to act upon due to the absence of conclusive evidence for abrogation. One of the key findings is that al-Shāfiʿī did not recognize any reliable practical example of the Qur'an being abrogated by the Sunnah. Furthermore, he only accepted the abrogation of the Sunnah by the Qur'an if it was corroborated by another Sunnah that clearly abrogated the previous one. The study employed an analytical inductive approach by tracing al-Shafi'i's views on the issue of abrogation, particularly as presented in his book "Al-Risala."