Al Samarqand s Use of The Prophetic Had th in His Tuhfat al Fuqah


İSTANBUL ÜNİVERSİTESİ İLAHİYAT FAKÜLTESİ DERGİSİ, no.32, pp.217-250, 2016 (Peer-Reviewed Journal)


Al-­Samarqandi''s Use of The Prophetic Hadith in His Tuhfat al-­Fuqaha
Islamic schools of law agree on the validity of Sunna as the second source for inferring legal rulings. There is no disagreement between the two main approaches known as ahl al-­hadith and ahl al-­ra''y.
However, it became a misleading widespread argument that ahl al-­ra''y especially Hanafis rarely used hadith narration and that they preceded ra''y and qiyas over Sunna. This argument has no sufficient evidence .The Hanafi books, in fact, are full of hadith narrations whom they use as evidence against their opponents including the jurists of ahl al-­Hadith. As its status, Hadith precedes qiyas according to Hanafis just like others.
They do not ignore any Hadith narration, unless it fails to reach their authenticity conditions.
Again, this is something common among all jurists and schools of law .
This study investigates one of the well known law books of Hanafi school. It deals with the chapter of taharah for its Hadith content and the method of its author in using these narrations as evidence.
The most important results of this research are: al-­Samarqandi used Hadith narration in his book either as evidence for a ruling he relies on or to respond to his opponents. His use of Hadith narration has a primary significance, not a secondary one .
Keywords: Prophetic Sunna, Hanafi school, ijtihad, legal reasoning of ahl al-­ra''y.