فقہ حنبلی کی ادلہ اجتہاد

Abstract

This paper presents a critique of Hambali school of thought which is one of the four important sects of the Muslims. This school of thought was founded by Imam Ahmed bin Hambal, who was a great scholar of Hadith and jurisprudence of his times. The Hambali school of thought, while deriving fundamental Islamic principles, relies on the direct source; here, the direct source means the Holy Qura’n and the Hadith, which, according to the Hambalis, also provide a foundational base to this school of thought. However, in the absence of clear indictment in the direct source, individual/group opinion( Qiyas )and general consensus( Ijma’a )are called forth respectively. Nonetheless, individual/group opinion is exercised only in rare cases. Other important sources in Hambali jurisprudence include Fatawa’ Sehabah, Istashaab, Al-Masaleh-ul-Mursalah and sadde Zarae. Besides these sources, Hambali school of thought gives much importance to the scholarly judgments. In most cases, the scholarly judgments are considered self-sufficient for deriving principles of Fiqh. These scholarly judgments are documented in the volumes of Hambali jurisprudence such as Raozatun-Nazir, al-Mukhtasar fi Asoolul-Fiqh, Qawaidul-Asool and Mukhtasar Raozatun-Nazir, al-Mukhtasar.