Islamic Education , The Islamic Pedagogical Faculty in Zenica, University of Zenica , Zenica , Bosnia and Herzegovina
This paper examines the issue of contradictions between the clear (wāḍiḥ) meanings of the legislative text within the legal methodology (Uṣūlu-l-fiqh) of the Hanafi School of Law. The Hanafi School of Law categorized the clear meaning of the legislative text (wāḍiḥ) into four categories: ẓāhir, naṣṣ, mufassar and muḥkam. Through the examples, this paper analyses the legal rulings of Hanafi scholars and presents the results and consequences of their rulings on legal reasoning (ijtihād) in the Hanafi madhhab. As an introduction to this work, a brief explanation of the discipline of linguistics in Uṣūl-l-fiqh is given, in order to make this issue easier to understand. In the conclusion, the significance of the fact that the scholars of the Hanafi madhhab clearly defined the categories (wāḍiḥ) of the meaning of the legislative text was highlighted, that they could recognize these meanings and, according to this knowledge, prefer the stronger meaning in case of contradiction between them.
Authors retain copyright. This work is licensed under a Creative Commons Attribution 4.0 International License.
The statements, opinions and data contained in the journal are solely those of the individual authors and contributors and not of the publisher and the editor(s). We stay neutral with regard to jurisdictional claims in published maps and institutional affiliations.