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KONTRADIKCIJA IZMEĐU JASNIH (VĀḌIḤ) ZNAČENJA ZAKONODAVNOG TEKSTA U HANEFIJSKOM MEZHEBU

By
Šukrija Ramić
Šukrija Ramić

Islamic Education , The Islamic Pedagogical Faculty in Zenica, University of Zenica , Zenica , Bosnia and Herzegovina

Editor: Nihad Čamdžić

Abstract

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.

References

1.
Marginānī B. A. ‘A.
2.
Naṣbur-rāje, Prvo izdanje. 1357.
3.
Tirmidī MIS.
4.
Ṭaḥāvī AMS. Šerḥu me‘ānī-l-ātār, Indija. 1302;
5.
Ṭaḥāvī AMS. 1406;

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