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Methodology of Ahn?f and Zaw?hir Jurists in Deriving Rulings and Its Current Ideality

Abstract

Islamic Shar??a gives importance to intellect as well as imitation. For better comprehension of imitation, it is necessary to have perception. Intellect is helpful for imitation to interpret comprehensively. There is no dissension in imitation but for Intellect having a difference in way of thinking and intelligence quotient, there might be dissension. In Islamic Jurisprudence, there are five schools of  Fiqh  (?anaf?, M?l??, Shafi??, ?anbl?, and ??hir?). Each one has its principles of interpretation. There is a dire need for comparison among these schools of Fiqh. In this article, it has been tried to compare the principles of interpretation between the Hanafi and Zaheri schools of Fiqh. Islamic law regulates the practical affairs of life such as virtual laws, family matters, financial matters, banking laws, judicial proceeding affairs, inheritance, and criminal laws. In this article, an introduction of both jurisprudential scholars, Imam Ab? ?an?fa and Imam Ab? Dawud ??hir? including their famous students who have a great contribution, has been discussed. A valuable discussion has also been done on their principles of interpretation. These two schools of  Fiqh have two different origins and places, but both follow Qu?r?n, Sunnah/?adith, and Ijm?? as the primary sources of interpretation while other sources such as Qiy?s, Isti?san, Shara? m? Qabl, Urf are quite different. ??hir? scholars do not accept Qiy?s and Isti?san as a source of interpretation, but they accept Dal?l and Istashab as a primary source of interpretation.