Consensus of Imam Al-Shafi’i regarding personal status and crimes -Mukhtasar Al-Muzani- Collection and study

Authors

  • Dr. Amin Al-Amir

Keywords:

Consensus, Al-Shafi'i, Al-Shafi'i's Consensus, Al-Muzni's Summary, Personal Status, Felonies

Abstract

Collecting and Studying Personal Status and Felonies Consensus in Imam Al-Muzni's Summary

Consensus is of great importance in the Islamic law. Consensus is, however, considered more important if it is done by Imam Al-Shafi'i. Because of his importance and prestige, I carried out this research under the title "Collecting and Studying Personal Status and Felonies Consensus in Imam Al-Muzni's Summary". I collected the jurisprudential issues which Imam Al-Muzni recounted in his summary. I cited his text, analyzed and interpreted it, who agreed with him in consensus, and then the conclusion that I reached with the proof of the validity or invalidity of the told consensus.

The importance of such consensus lies in that they are holistic issues and subject to agreement among the jurists, in addition to their relevance to the social legal and felonious aspects. This research tries to collect Al-Shafi'i's consensual issues, in which I followed the analytical inductive method.

The jurisprudential consensus was also extracted from Al-Muzni’s summary, confining it to the consensus and its verbal derivatives on jurisprudential issues. The research included an introduction, a preface in which I showed a brief autobiography of Al-Muzni. I, then, explained the meaning of consensus. The research consisted of  two topics. The first topic was about Al-Shafi'i's consensus in personal status, which included eleven demands. The second topic was about his consensus in felonies, which included fifteen demands.

It was found out that all the told consensus is correct and fixed. Some of it is traced back to the social jurisprudence, which changes with time and place. Al-Shafi'i made such consensus in order to prove his jurisprudence and choice, and to respond to those who disagree with him. Therefore, the points of agreement on the subject of jurisprudential dispute was used.

إِجْمَاعَات الِإمَامِ الْشَّافِعِيِّ فِي الأَحْوَالِ الشَّخْصِيَّةِ وَالْجِنَايَاتِ  -مُـخْتَصَرِ الـْمُزَنِي- جَمْعًا وَدِرَاسَةً

Published

2023-06-30