Principles of jurisprudence: a research review of the ancient and modern positions of certainty

اصولِ فقہ:قطعیت وظنیت کے قدیم و جدید مواقف کا تحقیقی جائزہ

Abstract

The debate has been going since ancient times among the Islamic Jurisprudents, whether the principles of Islamic jurisprudence are definitive (Qatee) or suppositional (Zanni). In order to impose orders on jurisprudential details, the generalities which are used as tool must be definite or their supposition is sufficient for the execution of orders. Before investigating the real problem, the place of dispute is determined and explained. In this issue, there is a difference of opinion among the scholars of Islamic jurisprudence in determining the place of conflict. The reason for the difference is that what is meant by the principles of jurisprudence that are disputed about the certainty and validity of them. In this research article we will talk about the different point of views of the Islamic jurisprudents and the point of conflict.