Leading Role of Hanfi scholars in the constitution & compilation of the legal maxims
Abstract
The knowledge of the legal maxims 1s neither the outcome of Muslim scholars,
nor the product of their experience. None of the scholars of Islamic
jurisprudence chalked out these principles by himself, nor a specific team/board
of religious scholars form them by virtue of their knowledge and exalted
position. Even the credit does not go to the scholars of a particular area, era or
class.
Like other Islamic sciences, the legal maxims also originated from Quran and
Hadith. Quran & Hadith either directly mention these principles (in certain
cases) or it give such formula (in many cases) which enable a scholar to derive
these principles. We have a reasonable collection of such principles having its
origin in Quran or Hadith, later on known as “Qawa’ed Nassia’. Companions
of the Holy Prophet (SAW) and their disciples took guidance from these
principles & formula. Their follower scholars & judges went further ahead in
the same direction and consequently got success in compiling & forming the
knowledge of the legal maxims which are known as “Qawa’ed Mustanbata”.
Scholars of all the four sects of Islamic jurisprudence took active part in the
written efforts (of this field). Hence the important origins of these knowledge
were compiled. But it is a fact that the relevant scholars of Hanfi school of
thought were the torch bears in shaping the principles as a proper / specific
discipline. They played leading role from different aspects in constitution of this
knowledge. In the given article a scholastic effort has been made to discuss and
analyze this role of Hanfi scholars.
Dr Saleem-ur-Rahman, Dr Abdul-Qadir Suleman. (2018) علم قواعد فقہ کی تشکیل میں فقہائے احناف کا قائدانہ کردار, Hazara Islamicus, Volume 7, Issue 2.
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