العدد الرابع والعشرون - الجزء الأول (النسخة الكاملة)

Abstract

Knowledge of the operative causes-the jurisprudential reasoning as used in in justifying al-ahkam (shari'ah provisions) becomes an indispensable science manipulated by al-mujtahideen (authoritative jurists) for deducting al-ahkam.In this research, I draw upon Imam al-Ghazali's legacy as a leading authoritative voice of al-Madhhab al-Shafi'i, (The Shafi'i School) targeting the operative causes.Drawing on specific supporting cases, al-Ghazali postulates a consensus among scholars on employing jurisprudence as a means of Tahqiq al-Manat (seeking verification of the validity of the causes beyond al-ahkam).Many nullifiers of Qiyas (the deductive analogy) validate ijtihad (interpretation using reason) for revising al-Manat in al-ahkam since al-Manat is known via the text and not by deduction.Ijtihad in Takhreej al-Manat (extracting and deducing the operative causes) is another postulation: when prohibiting specific illegal activity in a specific place without discussing its operative causes while only mentioning its provision and place.For instance, the prohibition of drinking alcohol whereby we deduce al-Manat by ijtihad-the type of jurisprudence which causes much debate.It is also worth mentioning other three methods for proving the operative cause: textual evidence, consensus, and deduction.