Kitab al-Minhaj fi Tartib al-Hujajكتاب المنهاج في ترتيب الحجاج
Book details
- Author
- Baji, Abu al-Walid (d. 474/1082) أبو الوليد الباجي ed: Abd al-Majid al-Turki
- Publisher
- Dar al-Gharb al-Islami, Beirut
- Published
- 2014
- Language
- Arabic
- Format
- Hardcover
- Pages
- 310 pp
- Dimensions
- 17 x 24 cm
- Age group
- Adult
- ISBN-13
- 9789933281205
- Topic
- Usul - Islamic Jurisprudence - ijtihad
- Item #
- 83056
«The Book of al-Minhaj in Arranging Arguments» by the judge and a poet of Andalusia, Imam Abu al-Walid Sulayman al-Baji (Maliki). Imam al-Baji (403/1013 - 474/1082). In his legislative work, the jurist refers to the Quran, deriving from its text general principles upon which to base his methodology. He draws inspiration from its surahs for a moral philosophy that guides him, and extracts from its verses fundamental issues upon which to base his rulings. Imam al-Shafi'i clarified the path when he established the principles of jurisprudence in «Al-Risalah,» stating in its introduction that «no calamity befalls any of the followers of God's religion except that in the Book of God there is evidence of the path of guidance therein.» Similarly, the mujtahid turns to the Prophetic hadith, finding it complementary, clarifying, and completing the Quran, and thus adopting it as if he had taken it from the Quran. In establishing the science of the principles of jurisprudence, al-Shafi'i intended to establish ijtihad (independent reasoning) on logical, objective, and sound foundations. Therefore, he differentiates between mursal (opinion) with its flaws, such as istihsan (approval), viewing it only as «pleasure» or «arbitrariness,» and he clarifies true ijtihad based on a principle from the Quran or hadith. In his view, ijtihad is never done except based on a request for something, «and a request for something can only be made with evidence, and evidence is analogy.»
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