摘要：The ijtihâd issues are among important problems of uṣûl al-fiqh (Islamic legal theory). Given al-beyân el-ijtihâd in the meaning of interpreting naṣṣ (text) and al-qiyâs el-jtihâd in the meaning of reaching a verdict of a new issue which is not determined by naṣṣ, it is possible to say that mujtahid (a jurist) is actively in the ijtihâd activity. Thus, the ijtihâd issues has been discussed in uṣûl al-fiqh since early period. The fact that Shâfi‘î refers to ijtihâd issues in his works which have arrived the present day shows that there is a rich accumulation of knowledge about ijtihâd discussions in early period. After Shâfi‘î, the issues were discussed by scholars of Islamic legal theory. Among the Shâfi‘î (uṣûl al-fiqh) works which have arrived the present day, the first work that deals with ijtihâd issues in an ordered, systematic and detailed way is the work of al-Mâwerdî’s el-Ḥâvi’l-Kebîr. In this study, al-Mâwerdî discusses many issues in uṣûl al-fiqh, especially the definition of ijtihâd, its types, the relation between ijtihad and qıyâs, the qualities of mujtahid, iṣâbet (right) and ḫaṭâ’ (fault) in ijtihâd and the provision of ijtihâd. The debates on the ijtihâd issues in Shâfi‘î uṣûl al-fiqh before al-Mâverdî are important our subject. Al-Mâwerdî’s view of uṣûl has a close relationship with the accumulation of uṣûl developed prior to him. Al-Mâwerdî mentions the views of many scholars who have contributed the accumulation of the sect in the ijtihad issues, especially Shâfi‘î. He refers to the views of scholars from sects other than Shâfi‘î in the issues he discussed. From this point of view, it is certain that to determine the ijtihâd issues in al-Mâwerdî’s el-Ḥâvi’l-Kebîr will also help us to determine the framework and course of debates on ijtihâd in the classical period.
其他摘要：The ijtihâd issues are among important problems of uṣûl al-fiqh (Islamic
legal theory). Given al-beyân el-ijtihâd in the meaning of interpreting naṣṣ
(text) and al-qiyâs el-jtihâd in the meaning of reaching a verdict of a new issue
which is not determined by naṣṣ, it is possible to say that mujtahid (a jurist)
is actively in the ijtihâd activity. Thus, the ijtihâd issues has been discussed
in uṣûl al-fiqh since early period. The fact that Shâfi‘î refers to ijtihâd issues
in his works which have arrived the present day shows that there is a rich
accumulation of knowledge about ijtihâd discussions in early period. After
Shâfi‘î, the issues were discussed by scholars of Islamic legal theory. Among
the Shâfi‘î (uṣûl al-fiqh) works which have arrived the present day, the first
work that deals with ijtihâd issues in an ordered, systematic and detailed way is
the work of al-Mâwerdî’s el-Ḥâvi’l-Kebîr. In this study, al-Mâwerdî discusses
many issues in uṣûl al-fiqh, especially the definition of ijtihâd, its types, the
relation between ijtihad and qıyâs, the qualities of mujtahid, iṣâbet (right) and
ḫaṭâ’ (fault) in ijtihâd and the provision of ijtihâd. The debates on the ijtihâd
issues in Shâfi‘î uṣûl al-fiqh before al-Mâverdî are important our subject. alMâwerdî’s
view of uṣûl has a close relationship with the accumulation of uṣûl
developed prior to him. al-Mâwerdî mentions the views of many scholars who
have contributed the accumulation of the sect in the ijtihad issues, especially
Shâfi‘î. He refers to the views of scholars from sects other than Shâfi‘î in the
issues he discussed. From this point of view, it is certain that to determine the
ijtihâd issues in al-Mâwerdî’s el-Ḥâvi’l-Kebîr will also help us to determine
the framework and course of debates on ijtihâd in the classical period.
