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The uṣūlī basis of Imam Al-Shāfiʿī's criticisms directed at the Iraqi school: With reference to the principal evidences (Al-Adillah al-aṣliyyah) of islamic jurisprudence

2025
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Advisor: Prof. Dr. Aydın Taş

Abstract (EN)

In this study, the foundational methodological principles behind the criticisms directed by Imam al-Shafi'i at the Iraqi school in the context of the primary legal sources are examined. The study consists of an introduction, four main chapters, and a conclusion. In the introduction, the topic, its scope, purpose, significance, methodology, main sources, and previous studies on the subject are discussed. The first chapter analyzes the criticisms that Imam al-Shafi'i made toward the Iraqi school within the context of the Kitāb and the wording-meaning (lafẓ–maʿnā) framework. The second chapter focuses on his criticisms within the context of the Sunnah, the third on ijmāʿ (consensus), and the fourth on qiyās (analogical reasoning). A qualitative research method was adopted in this study. Within this framework, the works of Imam al-Shāfiʿī were primarily used as sources, followed by the early writings of scholars from the Iraqi school on uṣūl al-fiqh (principles of Islamic jurisprudence) and furūʿ al-fiqh (branches of Islamic jurisprudence). In addition, relevant contemporary studies were also consulted. The criticisms by Imam al-Shafi'i of the Iraqi school regarding the primary sources are concentrated on certain points. These include: insufficient adherence to the proper order of legal evidences; abandoning the apparent meanings of the texts without clear evidence and turning instead to hidden interpretations; rejecting many sound Sunnah reports due to requiring additional criteria besides the chain of narration; accepting silent consensus (ijmāʿ sukūtī) as a valid proof; considering the agreement of scholars in their own region as ijmāʿ; and lacking a clearly defined approach to qiyās. The main objective of Imam al-Shafi'i's criticisms on these issues is to establish the legal evidences on a solid basis, to prevent qiyās and ijtihād not grounded in those evidences, and thereby preserve the objectivity of Islamic law by protecting it from subjective interpretations.

Author

Ömer Aykal

How to Cite

Ömer Aykal (Doctorate thesis). The uṣūlī basis of Imam Al-Shāfiʿī's criticisms directed at the Iraqi school: With reference to the principal evidences (Al-Adillah al-aṣliyyah) of islamic jurisprudence, 2025, Dicle University.

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