The Proof in the Principles of Jurisprudence
| Author | Al-Juwayni |
|---|---|
| Language | Arabic |
| Subject | Principles of Islamic jurisprudence and Islamic Law |
Publication date | 12th century |
| Publication place | Persia |
Al-Burhan Fi Usul al-Fiqh (Arabic: الـبـرهـان في أصـول الـفـقـه) or The Proof in the Principles of Jurisprudence is a 12th-century treatise written by Imam al-Haramayn al-Juwayni the leading legal theorist of his time.[1] A highly celebrated work of Al-Juwayni on Usul Al-Fiqh. It is regarded as one of the four pillars of the field of legal theory. The other three including 1. Al-Ghazali who authored al-Mustasfa fi 'ilm al-isul 2. Al-Qadi Abd al-Jabbar who authored al-Qadi's al-`Umad; 3. Abu al-Husayn al-Basri who authored al-Basri's al-Mu`tamad (commentary on al-`Umad).[2]
Content
This book discusses in detail the science of principles of jurisprudence which consists of eight main discussions, namely Al-Bayan (lucidity), Al-Ijma (consensus), Al-Qiyas (analogical reasoning), Al-Istidlal (deduction), Al-Tarihat (observation), Al-Naskh (abrogation), Al-Ijtihad (independent reasoning) and Al-Fatwa (ruling). The writing of the book begins with a discussion on how to learn a science in its Introduction and then followed by the core discussion of the book. Many scholars praised this book for being very comprehensive in explaining the science of Usul Al-Fiqh.[3]
In his book Al-Burhan, al-Juwayni has touched on the subject of Sharia objectives explaining:[4]
"One who cannot understand the inherent objectives in the Sharia orders and prohibitions, he cannot trace out the wisdom of legislating the Sharia.
In his book Al-Burhan, with a unanimous agreement amongst the legal scholars. He explains what a Mufti is supposed to be and do:[5]
Regarding the qualities of a mufti and the disciplines that he must master: … it is imperative that the mufti must be a scholar of language, for the Shariah is [in] Arabic. … it is imperative that he be a scholar of syntax and parsing … it is imperative that he be a scholar of the Quran, for the Quran is the basis of all rulings …
Knowledge of textual abrogation is indispensable; and the science of the fundamentals of jurisprudence (usul) is the cornerstone of the whole subject … He should also know the various degrees of proofs and arguments … as well as their histories. [He should also know] the science of Hadith so that he can distinguish the authentic from the weak; and the acceptable from the apocryphal … [He should also know] jurisprudence.…
Moreover, having ‘legal intuition’ (fiqh al-nafs) is needed: it is the capital of anyone who derives legal rulings … scholars have summarized all this by saying that a mufti is ‘someone who independently knows all the texts and arguments for legal rulings’. ‘Texts’ refers to mastering language, Qura’nic exegesis and Hadith; while ‘arguments’ indicates mastering legal theory, analogical reasoning of the various kinds, as well as ‘legal intuition’ (fiqh al-nafs).
See also
References
- ^ Leaman, Oliver (2 May 2006). The Qur'an An Encyclopedia. Taylor & Francis. p. 335. ISBN 9781134339754.
- ^ Ahmed, Ahmad.a (15 March 2012). The Fatigue of the Shari'a. Palgrave Macmillan. p. 73. ISBN 9780230340367.
- ^ "Kitab Al-Burhan Fi Ushul Al-Fiqh (PDF)". laduni.id.
- ^ FAHED, DR. OBAIDULLAH (2015). OBJECTIVES OF SHARIAH (INTRODUCTION AND APPLICATION) (SELECTED PAPERS OF THE WORKSHOP ORGANIZED BY THE ISLAMIC FIQH ACADEMY OF INDIA IN COLLABORATION WITH THE INTERNATIONAL INSTITUTE OF ISLAMIC THOUGHT U.S.A. ON DECEMBER 21-25, 2003 IN NEW DELHI) مقاصد الشريعة [انكليزي]. Dar Al Kotob Al Ilmiyah دار الكتب العلمية. p. 198. ISBN 9782745183316.
- ^ "ISIL Juristic Approach: A Scholarly Criticism". aboutislam.