Principles of Jurisprudence Science And its Epistemological Dialectical Evaluation Among Islamic Scholars

الملخص

This study deals with Jurisprudence principles as a result of Islamic knowledge’s evolution and development. Jurisprudence means the bases and principles of jurisprudence and legal thought in Islam. The dialectical evolution of Islamic sciences yields this philosophical and legal knowledge, which reflects Islamic teaching and methodology. Axle: The field of this research is Islamic study meanly Jurisprudence (principles of jurisprudence) to show its development and its value. The importance of the subject comes from this mentioned science, besides its demonstration here, principles of jurisprudence had been established to clarify the ways of deduction, and then through dialogue we reach judgements, and this is a rational way. The researcher encountered a deduction method here. The research dealt with this cognitive issue from a philosophical dialectical point of view. Because we have a result and outcome from dual and multiple relations this unique science. The dialectal argument was an old philosophical method, though it has been renewed, and it was the same method that Imam alshafie applied when he wrote the first book in this field. Principles of jurisprudence had been developed from Islamic law to give a basic legal framework to enhance jurists to make the best judgement. This method is called the way of jurists or fughaa (Ahnaf), the other way is by making a more abstract framework and generalization, in order to deal with more issues, and this is called the way of mutakalmiin or philosophers’ method (shafiiyya). The first way is uprising argument method while the other is descending argument.