Dr. Abdulrahman Sabah Khaled Alsawagh*
Assistant Professor, Department of Jurisprudence and Principles of Jurisprudence, College of Sharia and Islamic Studies, Kuwait University, Kuwait
Issue: 98 | Pages: 229-246 | September 2024 |https://doi.org/10.54940/si66624046|PDF
Received: 27/11/2023| Revised:12/1/2024 | Accepted:28/1/2024
*Corresponding Author:[email protected]

Abstract
This study aims to examine the impact of juridical inference by Sharʻman qblnā on forming Islamic law rulings, elucidating its levels, types, and its relations with other jurisprudential sources and Madhhab's methodologies. The study adopted an inductive approach to trace applications of juridical inference by Sharʻman qblnā within jurisprudential works, a descriptive approach to delineate its levels and types, an analytical approach for its utilization or omission, culminating in a critical approach to evaluate its jurisprudential value and position amidst other sources. The study revealed the diversity of juridical inference by Sharʻman qblnā, ranging from being effective in forming Islamic law rulings to being ineffective with defined purposes. It was established that juridical inference by Sharʻman qblnā is not a mechanistic application, but rather intersects and interacts with other jurisprudential sources and Madhhab's methodologies, leading to its acceptance or rejection, thereby elucidating its inferential scope. The study also demonstrated the contemporary juristic exertion's utilization of this source, substantiating its enduring source-based effectiveness. The study concludes that examining the practical application of jurisprudential sources indicates its level of consideration and reveals its position on the map of juridical inference. Accordingly, it recommends prioritizing attention to the practical functions of jurisprudential sources in current legal training and authorship.

Keywords
Juridical Inference, SharʻMan Qblnā, Uṣūl al-fiqh.

How to Cite
Alsawagh, A. (2024), Juridical Inference by (SharʻMan Qblnā): "A Critical Study",Journal of Umm Al-Qura University for Sharia'h Sciences and Islamic Studies,Issue. 98. pp.229-246.https://doi.org/10.54940/si66624046

License
1658-8738/© 2024by the Authors. Published byJ. Umm Al-Qura Univ. Shariah. Sci. Islamic Stud.This is an open-access article distributed under the terms and conditions of thehttps://creativecommons.org/licenses/by-nc/4.0/