قول الصحابي عند الإمام الشافعي "دراسة تحليلية من كتابه "الأم

Abstract

This article discusses an important jurisprudential issue related to one of the sources of reasoning by Imām Al-Shāfi’ī, especially in his book (Al-umm), which is the opinions of (Saḥābah) the Companion. This article collects all the clear texts that are directly related to the companion's opinion in each book (Al-umm), and mentions the jurisprudential events that were mentioned because of them. It aims, therefore, to prove that Imām Al-Shāfi’ī considered the statement of the Companion to be one of the sources of legislation in Islamic jurisprudence, and that it comes after the Qur'ān and Sunnah and before Qiyās. This article also explains - inference from the texts of Al-Shāfi’ī - the different cases of the companions saying, such as the state of the companions ’consensus and their difference, and the criteria for weighting between the opinions of the companions of jurisprudence in the case of their difference. In the end, the article concludes that Al-Shāfi'ī considered the statement of the Companion as a legal evidence in itself, and that it is part of the Prophet’s Sunnah, and that the difference of the Companions does not preclude taking some of their sayings. This result is different with the well-known from Shāfi'ī's sayings in the books of Fundamentals of Jurisprudence that were written after him, even books written by jurists belonging to the Shāfi’ī school of thought. The article relies on the method of extrapolating all texts in the book (Al-umm) in order for the result to be an unquestionable affirmation, and for it to be a reference for all texts related to the subject in this book.

Keywords

• opinion
• companion
• al-umm