أثر قطعية المباحث اللفظية على المنهج المعرفي الأصولي: الرازي والشاطبي نموذجان

Abstract

Muslim scholars agreed to accept an epistemological shari`ah method as “principles of Islamic jurisprudence” (Uṣūl al-Fiqh). Each school of thought has its own Islamic legal principles as epistemological criteria. Therefore, most of influential Islamic sects on Islamic thought have principles of Islamic as their own epistemological method; and principles of Islamic represent epistemological method of different schools of thought among Muslims. Philosophy has an influence on development and formulation of this epistemological method, particularly in classifying definitive (final) or even hypothetical deductive in original sources of Islamic law. The philosophers have argued that deduction of finality (definitive) is a form of rational inferences and is not empirical statements. Based on this classification, a hypothesis formulation can be achieved through deductive methods. Al-Razi pioneered debate on hypothetical deduction in his book, al-Mahsul. He argued that definitive aspect does not merely exist in literal discussions. However, al-Shatibi, a thinker, who was first person, introduced this discussion in al-Muwafaqat. He argued that the principles of Islamic law are definitive and religious knowledge is equivalent to rational knowledge. He thus believed that definitive aspects of principles of Islamic are derived from philosophical method called induction. This induction method can be benefitted in legal matters, as well as in arguments in prohibition of differences that are only limited to a few matters of ijma`. Therefore, it makes a disagreement of opinions is justifiable in every legal matter.