الإمام المرغيناني ومنهجه في الترجيح الفقهي من خلال كتاب الهداية

Authors

  • Anwar Khan PhD Scholar, Sharīʿah (Islamic Law & Jurisprudence), Faculty Sharīʿah & Law, International Islamic University, Islamabad. Author
  • Omar Abdul Fattah Ex. Assistant Professor, Faculty Sharīʿah & Law, International Islamic University, Islamabad. Author

DOI:

https://doi.org/10.63878/aaj1342

Keywords:

Imām al-Marghīnānī; al-Hidāyah; Ḥanafī jurisprudence; juristic methodology; legal reasoning; tarjīḥ (juristic preference); qiyās; istiḥsān; Islamic law.

Abstract

This study examines the scholarly personality of Imām Burhān al-Dīn al-Marghīnānī (d. 593 AH) and his juristic methodology through his celebrated work al-Hidāyah, one of the most authoritative and widely taught texts in Ḥanafī jurisprudence. The research aims to highlight the Imām’s academic status, his upbringing, travels, teachers, students, and major writings, with particular emphasis on the scientific value of al-Hidāyah and the reasons behind its enduring prominence and reception among scholars.

The paper introduces al-Hidāyah in terms of its title, size, manuscript tradition, reasons for composition, period of writing, printed editions, and primary sources, and then surveys the major scholarly efforts devoted to it, including memorization, commentaries, marginal notes, critical editions, and ḥadīth verification works. These efforts demonstrate the exceptional position the book occupies within Islamic legal studies.

The core of the study focuses on al-Marghīnānī’s method of legal reasoning and preference (tarjīḥ) in al-Hidāyah. It analyzes his reliance on the Qurʾān, Sunnah, statements of the Companions and Successors, alongside rational tools such as analogy (qiyās), juristic preference (istiḥsān), and consideration of interests. The research also clarifies his distinctive style, including presenting rulings before proofs, delaying the strongest evidence for emphasis, employing specific terminology of preference, and skillfully combining transmitted and rational evidence.

The study concludes that al-Hidāyah represents a distilled synthesis of Ḥanafī jurisprudence and a coherent methodological framework for juristic preference, and that al-Marghīnānī stands among the leading authorities of tarjīḥ and verification in the Ḥanafī school, whose contribution significantly shaped its legal and methodological development.

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Published

2025-09-24

Issue

Section

Islamic Studies

How to Cite

الإمام المرغيناني ومنهجه في الترجيح الفقهي من خلال كتاب الهداية. (2025). Al-Aasar, 2(3), 111-131. https://doi.org/10.63878/aaj1342