أدوات النقد الفقهي عند الإمام الشوكاني دراسة تحليلية في المنهج والتطبيقات الباحث أيمن بن إبراهيم هيجان

The present research aims to elucidate the definition of "tools" and clarify the concept of "juristic criticism" from both linguistic and technical perspectives. It provides a comprehensive biography of the religious and scholarly life of Imam al-Shawkani, detailing his juristic orientation (Madhab), his most prominent mentors and disciples, his major literary contributions, and the historical context of his passing. Furthermore, the study explores Imam al-Shawkani's methodological framework for juristic criticism, specifically his application of critical tools through an analysis of selected legal issues. In these instances, he employs a critical approach grounded in Sharia evidence, foundational legal principles (Usuli), and linguistic rules, while explaining the specific style adopted in addressing these matters. The methodology adopted for this research is the inductive-deductive approach. This involves an extensive survey of the instances in which Imam al-Shawkani utilized critical tools—comprising textual evidence, foundational principles, and linguistic frameworks—followed by the deduction of the underlying methodology and the specific style adopted in addressing these juristic matters. The findings of the research conclude that the critical method is a vital academic tool present across most disciplines, not confined to jurisprudence alone, but extending to Hadith sciences, creed (Aqidah), and beyond. It further establishes that Imam al-Shawkani is among the foremost scholars who actively integrated this juristic critical style into his scholarly life and literary output. Key recommendations of this study include: a renewed emphasis on the biographies of scholars to understand their religious and intellectual contexts; a dedicated focus on the application of juristic criticism tools (evidentiary, foundational, and linguistic); and the implementation of training programs for students and researchers in Sharia sciences. Such training should aim to foster the juristic faculty (al-Malaka al-Fiqhiyya) and refine scholarly knowledge through the practice of criticism in general, and juristic criticism in particular. Keywords: Tools of Criticism – Juristic – Imam al-Shawkani.  

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