Concept and law of interpretation of legal text according to Islamic jurists = مفہوم التاویل وحکمه عند الاصولیین

Abstract

In this article the method of Fuqaha (who have deductive approach and mainly attributed to the Hanfis) and Mutakalemeen (theoretical approach adopted by the Shafi School and the Mutakllimun) has been enunciated along with characteristic of both methods and distinguished from each other. Furthermore, different kinds of interpretation of legal texts introduce by deductive approach has been discussed in detail. Moreover, their status, examples, conditions and the opinions of jurists have also presented in this regards. Afterwards, different kinds of interpretation of legal texts introduced by theoretical approach, and differences between these approaches have also been highlighted. The theoretical approach tends to envisage Usual-al-fiqh as an independent discipline to which the Fiqh must conform, whereas the deductive approach attempts to relate the Usul-al-fiqh more closely to the detailed issues of the furu-al-fiqh. When, for example, the Hanafis find a principle of Usul to be in conflict with an established principle of Fiqh, they are inclined to adjust the theory to the extent that the conflict in question is removed, or else they try to make the necessary exception so as to reach a compromise. The point in which both have adopted different point of view is the division of text, so the Fuqaha have divided it in to eight kinds as Zahir , Nas, Mufasar ,Muhkam, Khafi, Muskil , mujmal and Mutashbih, while Mutalaleemin have made three kinds of text as Zahir, Nas and Mujmal.

Keywords

• Fuqaha
• Hanafis
• Shafi
• s
• Principle
• Conflict.