فقہ اسلامی پر شاخت کے اعتراضات کا جائزہ

A Review of Schacht's objections on Islamic jurisprudence

Abstract

The Qur'an and the Ḥadīth, which are acknowledged as islamic sources, are the cornerstones upon which Islamic Jurisprudence is diligently constructed. Throughout Islamic history, Muslim scholars have been resorting to these sources to find answers to the diverse needs and problems of Muslim society. However, Orientalists and Joseph Schacht in particular, contend that the Islamic law was practically destroyed after the constructive phase, which led to the emergence of legal activity that was repetitive and unoriginal. The legal fields of Islamic studies have been significantly impacted by Schacht's views of the nature of Islamic law. Schacht had two strategies available to him either to make his determinations from an investigation of the first sources of Islam or to involve the works of early researchers as sources. He embraced the last option course. Consequently, it is completed a thorough investigation of these compositions to figure out what there may be in them that drove Schacht to his decisions. His work on Islamic law offered western Islamicists a broad survey and detailed description of many of the component parts and methodological tools of Islamic law. In this article the attention is drawn to significance and durability of legal logic in Islamic law and it is contended that Schacht has not only overgeneralized the facts but also used sources arbitrarily and made arbitrary decision.