Significant Features of Al-Jassas' Methodology for Deriving Legal Rulings From the Qur'an
Dissertation, University of Michigan (
1985)
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Abstract
Abu Bakr Ahmad ibn Ali AR-RAZI AL-JASSAS , a Hanafi jurist, exegete, and legal theorists, wrote a commentary on the Qur'an entitled Ahkam al-Qur'an with emphasis on the verses with legal import. In this work he attempts to deduce legal rulings from the Qur'an in a systematic and methodical fashion. I wish to determine some of the features of his methodology that are of primary importance to him in deriving his legal rulings. ;The approach used in this work is as follows. First, I identify his principles and methods of interpretation. Second, I examine his consistency in using them. Third, I assess his actual dependence on them for support of the legal ruling he derives. I began the first step by making a careful study of al-Jassas' Ahkam al-Qur'an. Al-Jassas usually mentions the principles he uses to interpret verses, and the study brought such principles to light. I fulfilled the second step by identifying the verses to which al-Jassas applies his principles and those to which he should have applied his principles but does not. The third step I completed by identifying the juristical proofs he relies on besides his principles for a given juristical ruling and by trying to determine whether the ruling would change in absence of those principles. Finally, by studying other exegetes' discussions of verses discussed by al-Jassas, I obtained a broader and more complete understanding of how Qur'anic verses can or should be interpreted. ;Al-Jassas uses various methods for various types of verses in the Qur'an to derive legal rulings from it. His methods do indeed help determine the legal rulings he derives. His consistent use of them signifies its importance to him. The methods he utilizes result, usually but not always, in the formulation of plausible legal rulings and convincing arguments. The few inaccurate legal rulings he arrives at are mainly due to a failure on his part to properly apply his principles and procedures