"الہدایہ، کتاب الوقف میں صاحبینؒ کے فقہی آراء کا علمی تجزیہ"
DOI:
https://doi.org/10.63163/srh355Abstract
This article presents a scholarly analysis of the juristic opinions of the two prominent disciples of Imam Abu Hanifa, namely Imam Abu Yusuf and Imam Muhammad al-Shaybani (commonly referred to as Sahibain), within the context of the chapter of Waqf in Al-Hidayah by Burhan al-Din al-Marghinani. The study aims to highlight the interpretive diversity within the Hanafi legal tradition by examining how the views of Sahibain contribute to the formulation, development, and practical application of waqf-related rulings.
By employing a qualitative and comparative methodology, the research explores key legal issues discussed in Kitab al-Waqf, focusing on areas where the opinions of Sahibain either converge with or differ from those of Imam Abu Hanifa. Special attention is given to the legal reasoning (ta‘lil) and evidentiary bases (adillah) underlying their positions. The article also investigates how Al-Hidayah synthesizes these differing views and presents them in a structured legal framework that has been influential in Hanafi jurisprudence.
The study concludes that the opinions of Sahibain play a significant role in shaping the practical application of waqf law within the Hanafi school. Their juristic contributions not only reflect methodological depth but also demonstrate the dynamic nature of Islamic legal interpretation. This research contributes to a better understanding of intra-school diversity and the evolution of waqf jurisprudence in classical Islamic law.
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