''فقہی ارتقاء ''کے ''استشراقی مکاتب فکر''کاتعارفی وتجزیاتی مطالعہ (حلاق کے افکار کا خصوصی مطالعہ)

An Introductory and Analytical Study of "Orientalist's Schools of Thought" of "Jurisprudential Evolution". (Special Study of Hallaq's Thoughts

Abstract

"Tfqh fy̰ ạldy̰n (acquiring deep understanding of religion)" is the basic requirement of religion. For such purpose Muslim scholars are striving from the formative period to this day. Fiqh was developed for the understanding (systematic study) of rulings related to practical life. With development of Fiqh, Muslim scholars also worked on principles of jurisprudence (Usul-e-Fiqh). Even though the main source of Fiqh and Usul-e-Fiqh is the Qur'an and the Sunna, for determination the will of Almighty Allah the personal efforts of the jurists have a great role in its evolution. That's why Orientalists call the collection of jurisprudence a human effort. Despite differences in the description of the stages of jurisprudential evolution in orientalist’s thoughts, there is commonality in the basic philosophy of "jurisprudential evolution". Contemporary orientalist Wael Hallaq has tried to present Islamic law in a coherent and systematic form based on the historical evolutionary process. Based on the historical and gradual evolution of jurisprudence in the light of Wael Hallaq's ideas, orientalist’s thoughts can be divided into different schools. Here is a detail of these different orientalist’s schools of thoughts about basic ideology of Fiqh.