The influence of the actions of the companions on the formation of Hanefi usul (Based on the el- Fusul fi'l-usul wri̇tten by cessas)

This study aims to examine the place and function of the practice of the Companions (ʿamal al-ṣaḥāba) within the framework of Ḥanafī legal theory, specifically through the foundational work al-Fuṣūl fī al-Uṣūl by Abū Bakr al-Jaṣṣāṣ. The research investigates the extent to which the practice of the Companions functioned not merely as a subsidiary legal proof but also as a foundational and formative element contributing to the construction of legal methodology. In this context, the study identifies how al-Jaṣṣāṣ employed the practice of the Companions within his systematic treatment of uṣūl al-fiqh and which types of legal evidence and methodological principles were supported by reference to it. The first chapter explores the epistemological status of the Companions in Islamic law and presents an overview of how the Ḥanafī school conceptualized the notion of ṣaḥāba. It first examines the general perception of the Companions in Ḥanafī literature and then analyzes al-Jaṣṣāṣ's particular approach to the concept in relation to the function of their practice. Furthermore, the conceptual boundaries of the notion of ʿamal al-ṣaḥāba are clarified through its comparison with closely related concepts such as qawl al-ṣaḥāba (opinion of the Companions), ijmāʿ al-ṣaḥāba (consensus of the Companions), and the ʿamal of the People of Medina. This analysis aims to provide a comprehensive theoretical framework for understanding the epistemic role of Companion practice. The second chapter, based on the theoretical framework constructed in the first, systematically examines how the practice of the Companions appears in al-Jaṣṣāṣ's al-Fuṣūl and what kind of methodological implications it entails. Following al-Jaṣṣāṣ's own sequence of legal principles, the study investigates how Companion practice is referenced in relation to core uṣūl topics such as general and specific (ʿāmm–khāṣṣ), clarification (bayān), command and prohibition (amr–nahy), abrogation (naskh), reports (khabar), consensus (ijmāʿ), legal reasoning (ijtihād), and analogical deduction (qiyās). Each reference is analyzed in its textual and contextual dimensions.