Judge Al-Baydawi's choices in citing the actual Sunnah as evidence, from his book "Al-Minhaj" (A Fundamental Study)
Abstract
This research deals with Judge Al-Baydawi's choices in inferring from the actual Sunnah, focusing on his approach in his book "Al-Minhaj", as Judge Al-Baydawi is considered one of the most prominent scholars of the principles of jurisprudence. In his book, he demonstrated precision and rigor in dealing with legal evidence. It becomes clear from studying "Al-Minhaj" that Al-Baydawi did not accept any action attributed to the Prophet, may God bless him and grant him peace, as legislative evidence in an absolute manner. Rather, he distinguished between different types of actions. He believed that actions issued by the Prophet, may God bless him and grant him peace, by way of general legislation (worship) are considered evidence, while actions related to human or natural customs or those issued for a specific reason are not considered evidence in themselves unless there is other evidence of their legislation. He was also concerned with the context and circumstances of the prophetic action, and distinguished between what was specific to the Prophet, may God bless him and grant him peace, and what was general to the nation. This study demonstrates that Al-Baydawi's approach was based on scrutiny and examination, and emphasizes the importance of understanding the actual Sunnah within its correct framework, far from superficial reasoning, which makes him a model to be emulated in the research of the principles of jurisprudence.
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