Muhkem and Mutashabih in the Context of the Effect of the Differences of Qiraat on Intellectual Judgements: The Example of Jessas

Abstract

Although the source value, framework and boundaries of qiraat differences in the deduction of jurisprudential rulings have not been clearly determined, these differences have been an important source of reference in the deduction of rulings by jurists and have contributed to Islamic law. Al-Jasas, one of the important commentators and Hanafi jurists of the IVth century, also made use of the qira'at while expressing his opinion on a jurisprudential issue. In this study, the relationship between the science of qira'at and the discipline of fiqh is analysed within the framework of the concepts of muhkam and mushashabih, which have an important place in the terminology of the usul al-fiqh, and in the specific case of al-Jassas. In this context, his Ahkam al-Qur'an has been taken as a basis and sometimes al-Fusul fi'l-usul has been cited, and thus al-Jessas's method of ijijaj with the qiraat has been tried to be determined. Although some studies have been carried out in the context of the effect/contribution of qiraat differences on Islamic law, we have considered it a need to address this issue in the context of muhkam-mutashabih and aimed to provide a different perspective on the subject. In this study, some of the qiraat wajihs related to the ahkam were analysed as far as they are related to the concepts of muhkam-mu'tashabih and dealt with in the special case of al-Jassas, thus, the original aspects of his ideas were tried to be determined. Although the main theme of the study is the relationship between qiraat and fiqh, it presents a specific view when evaluated from this aspect. The study adopts a qualitative research method and employs the document analysis technique. As a result of the findings obtained from the study, it was seen that al-Jassas put forward original approaches by associating the concepts in question with the ways of qira'at. In the most general sense, al-Jassas made a categorical distinction between muhkamim and mutashabih, developed a methodology by assigning the mutashabih qiraat to the muhkamim qiraat and interpreting it in a way that does not contradict the muhkamim, and ultimately argued that each qiraat contains different jurisprudential benefits by taking into account the diversity of meanings implied by the word.