The jurisprudencial methodology of İmam İsnawi


Thesis Type: Doctorate

Institution Of The Thesis: Bursa Uludağ University, Turkey

Approval Date: 2020

Thesis Language: Turkish

Student: LAITH MOTEI YAHIA ALAZAB

Supervisor: Halil İbrahim Acar

Abstract:

This Study is concerned with the fundamentalist approach of Imam Al-Asnawi, Sheikh of Shafi'i school of thought in the eighth century AH. In this Study, the researcher tackles Al-Asnawi's personal and scientific biography and reviews the importance of studying his Usûli approach in our contemporary time. Moreover, the researcher touched upon Al-Asnawi Usûli approach in detail, in the most important topics of Islamic jurisprudence research among Usûlis in general and among Shafi’i Usûli scholars in particular. The Study consists of an introduction, three chapters, and a conclusion. Chapter One discusses the biography of Imam Al-Asnawi; His life, his works, his collection of different sciences, his students, his professors for whom he received Sharia sciences and Arabic language, and the circumstances of the era in which he lived from the political, cultural and scientific standpoint. Chapter Two discusses the approach of Imam Al-Asnawi in the legal evidence (sources of Islamic legislation). It tackles Al-Asnawi's viewpoint of the four agreed upon evidence: The Holy Qur’an, the Sunnah of the Prophet, al-ijma' wal-qiyas "consensus and analogy", as well as his viewpoint of the controversial evidence: (The companions’ sayings, istishâb, istihsân, convention, unspecified public interests, Sadd Al-Dhara'i "blogging the means" and shar'u man qablana). Chapter Three deals with the Al-Asnawi's approach and his Usûli views, in the main Usûli topics: Lack of clarity and clarification, Al-Nasikh Wal Mansukh "the abrogated message and the abrogating one ", command and prohibition, and public and private. This was done by extrapolating all of his Usûli books. Chapter Four contained Al-Asnawi's approach and his Usûli views in the remaining Usûli topics: Conflict and weighting, ijtihad and Taqleed, and the foundations of the fatwa.