THE THEORY OF STATEMENT ACCORDING TO IMAM AL-SHAFI’I COMPARED TO IBN HAZM AND ITS IMPACT ON ESTABLISHING EVIDENCE

Prof. Ammar bin Abdullah Nasih Alwan

Abstract: It is a matter of fact on which researchers will not disagree that every disagreement which arises in any branch of knowledge has its defining roots and philosophy with its adherents. In this research, I will try to demonstrate that it was linguistic disagreement as the basic source from which jurisprudential disagreements emerged both in the principles (usul) and branches (furu). Imam Shafi'i - may Allah have mercy on him and may Allah bless him – who was authority on both language and Shariah held that the Holy Quran contains explanation of everything for the purpose of guidance as the Quran testifies about it : “One day We shall raise from all Peoples a witness against them, from amongst themselves: and We shall bring thee as a witness against these (thy people): and We have sent down to thee the Book explaining all things, a Guide, a Mercy, and Glad Tidings to Muslims”( 16:89). Imam Shafi' in accordance to his theory demonstrated how to come over difficulties in understanding the Quran and he impressed scholars by his inferential genius. Therefore, I will demonstrate how Imam Shafi'i according to his theory included analogical deduction in his method whereas Ibn Hazm’s theory of explanation remained limited to the Quran and the Sunnah; both of these trends had significant impact on laying down the principles of Islamic jurisprudence.