منهج الاستدلال والترجيح عند الإمام القرافي

Abstract

This research attempts to study the method of inference (istidlal) and preference (tarjih) as explicated by Imam Shihab al-Din al-Qarafi in his various works whether the ones that deal with the formulation of usul theories and principles or those that address the jurisprudential application of those theories and principles. In pursuance of this، the researcher has attempted to highlight the unique intellectual personality of Imam al-Qarafi as well as what he represented in the Maliki school of law. The study begins by explaining his intellectual development and his legal interpretations within the Maliki school of law. This research is divided into three chapters. The first chapter concerns the personality of Imam al-Qarafi، his connection with the Maliki school of law and the impact of the school on him and on the followers of the school that came after him. The second chapter seeks to uncover the method of inference with respect to the sources of shariah, both agreeable and disagreeable. In this chapte, the researcher also focuses on the Qawaid Fiqhiyyah according to al-Qarafi based on his argumentations. The third chapter of the study explores the methodology employed by al-Qarafi in making the preference among the conflicting proofs in the principles of Islamic law by formulating inner aspect of preponderance that is related to the validity of the text and its wordings, and the outer aspect of it which substantiates the derived rule. In this regard، the aspects relating to the formulation of principles and making preference based on Maqasid are very prominent. All these are supported by practical applications from al-Qarafi.