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Custom-based Rulings
1 In surveying Hanafī fiqh books, one finds that jurists were aware of changes in custom, even rapid ones. See two (of many) examples in which Imām Marghīnānī cites “variance of time period” as direct cause for the switching of custom-based rulings.
Custom-based Rulings
1 In surveying Hanafī fiqh books, one finds that jurists were aware of changes in custom, even rapid ones. See two (of many) examples in which Imām Marghīnānī cites “variance of time period” as direct cause for the switching of custom-based rulings.
2 This, in itself, isn’t new. What I found to be interesting, though, is that – on many occasions – this turn over occurred within the lifetimes of the three Imāms themselves. In a span of < 30 years, customs changed and the Imāms rapidly adjusted their rulings accordingly.
3 Considering the current state of ijtihādī stagnation, this level of juristic agility among the Imāms teaches us lessons.
The Imāms
a. weren’t distant from real life
b. exhibited juristic agility in the face of changing trends
c. their fiqh wasn’t rigid, but evolving
The Imāms
a. weren’t distant from real life
b. exhibited juristic agility in the face of changing trends
c. their fiqh wasn’t rigid, but evolving
4 While there are dimensions of life beyond fiqh, these examples show that the Imāms were well-rounded.
Their juristic understanding was a malleable tool, suited to many scenarios.
Juristic skill or الملكة الفقهية isn’t usually the target of students, but perhaps it should be.
Their juristic understanding was a malleable tool, suited to many scenarios.
Juristic skill or الملكة الفقهية isn’t usually the target of students, but perhaps it should be.
5 These examples also show the service of later Hanafi jurists in recording time-based ruling variations, thereby providing a model for usūlī-based evolution. The question isn’t ever whether or not we need fiqh, but rather do we have what fiqh needs…
نعيب زماننا والعيب فينا
نعيب زماننا والعيب فينا
Allah, Exalted and Glorified be He, knows best.
May Allah’s infinite peace & blessings be upon Rasūlullāh, his pure progeny & folk, along with his gleaming companions, illuminated inheritors and all his loyal followers until the Last Day.
May Allah’s infinite peace & blessings be upon Rasūlullāh, his pure progeny & folk, along with his gleaming companions, illuminated inheritors and all his loyal followers until the Last Day.
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