اقوالِ فقہاء میں ترجیح کے اصول:فقہ حنفی کے تناظر میں ایک مطالعہ

Principles of Priority in the Sayings of Jurists: A Study from the Context of Hanafi Jurisprudence

Abstract

While giving a fatwa in jurisprudence, Mufti Muqlid will give a fatwa on the religion of the Ashab e Tarjeeh. Ashab e Tarjeeh are silent on an issue, He will give preference to one opinion over another opinion in the fatwa through priority of adherence. There are different forms of preference of adherence. Some of them are: When there are two sayings or two hadiths narrated from Imam Abu Hanifa in any issue, then the one which is later will be taken or the one whose adoption is proved by Imam Abu Hanifa himself, and if there is a saying from Imam Abu Hanifa. If the preference is not proven, then the one that was adopted by Imam Abu Yusuf will be followed. Then the saying or tradition that was adopted by Imam Muhammad will be followed. Zofar and Imam Hassan bin Ziyad have given authority. If there is a difference between the preference of Imam Abu Hanifah and the Sahbain, then we will see if the mufti is qualified for ijtihad, then he will be given authority, and if he is not among the people of ijtihad, then Imam He will accept the opinion of Abu hnifah. From the words of Allama Ibn Najeem, it is known that when one of the Sahibs agrees with Imam Abu Hanifa, then the opinion of Imam Abu Hanifa will be valid. If there are different views, then Mufti Mujtahid has the authority and Mufti who is not Mujtahid must follow the opinion of Imam Abu Hanifa. Yes, if the basis of disagreement is Sabba-e-Sita, then the words of the Sahibin will be followed. Admitting Sabba-e-Sita is mandatory for a mufti.