اصطلاحات ِ امام کاسانی : بدائع الصنائع کے تناظر میں تحلیلی مطالعہ

Terminologies of Imām al-Kāsānī: An Analytical Study in the Perspective of Badā’i‘al-Ṣanā’i‘

Abstract

Al-Kāsānī’s Badā’i‘al-Ṣanā’i‘ is a remarkable rather most important legal manuals  of Ḥanafī School of Islamic Jurisprudence. Having strict systematic account of a number of legal areas, the book occupies authentic and vital place likewise “Hidāyah” by ‘Alī bin Abū Bakr al-Marghinanī among the other Ḥanafī sources. This is because Badā’i‘ al-Ṣanā’i‘ is considered to be a  significant source in term of providing solutions of the jurisprudential problems using causes and their effects systematically with sound methodical arguments. To comprehend the book, one needs to know its methodology, style in general, and its juristic terminologies in particular. The objective of the paper is to explain and define these terminologies. It is pertinent to mention that the terms which have been carried out may have been used in other jurisprudential sources but it would be with the context different from al-Kāsānī’s one. However, some of the terms are obvious in meaning but are ambiguous in al-Kāsānī’s context. Among these terms are Mashā’ikh, al-Aṣl, al-Nawādir, al-Fatāwā, al-Mukhtaṣar, Ẓāhir al-Riwāyah, al-Ā’thār, al-Fiqh, ‘An, ‘inda, Walnā ‘indanā, al-Amāli. Taking up these terms in special context of Badā’i‘ al-Ṣanā’i‘, detail analysis of the terms has been carried out with the help of other authentic relevant primary sources. Ending up terminological study, a brief gist, conclusion for and over view and general and specific recommendations as a way forward have been incorporated.