مناهج القدماء في الاستدلال من ’’ شرع من قبلنا‘‘ دراسة تطبيقية Methodology of early Islamic Jurists in Inference from Shariah before Prophet (PBUH)

Abstract

The research article is an analytic study on a significant source of shariah laws i.e. shariah of Prophets before Prophet Muhammad (PBUH). The researcher has sought to enumerate different opinions of Jurists of early centuries (Mutaqaddimin), Hadith Expert (Muhadithin) and Principle jurists (usuliyin). These three groups of scholars have propounded differing considerations regarding the legal status of early shariah law i.e before Prophet Muhammad (PBUH). These differences led to multifarious opinions viz a viz sharia issues. Certain early Jurists have gave credence to its legal relevance while Ahl-al-Zahir and some Jafari Jurists don’t subscribe to this shariah source. The section who accept the legal status of early shariah law always suggest a carefull approach towards it, while in some instances they are quite reluctant whereas, a group of Hadith scholars have conditionally accepted the early shariah law of Prophets before Muhammad (PBUH). In our opinion, this last group of scholars are positing most accepted opinion in this regards.