Ibn-e-Rushd's Methodology in Comparative Jurisprudence: An Analytical Study of Bidāyat al-Mujtahid

ابن رشد كا فقہ المقارن ميں منہج:بدایۃ المجتہد كا تجزياتى مطالعہ

Abstract

Fiqh, serving as the ethical and legal framework of Islamic life, has long guided Muslim communities. In the mid-20^th century, a collective endeavour emerged aimed at addressing contemporary challenges faced by the Muslim Ummah. This movement emphasized the importance of transcending individual jurisprudential schools of thought in favour of a unified, collective approach to problem-solving. Central to this paradigm shift was the concept of Fiqh al-Muqārin, or comparative jurisprudence. Across the Islamic world, jurisprudential opinions and principles of Ijtihād (independent legal reasoning) exhibit remarkable uniformity. Ibn-e-Rushd, in his seminal work "Bidāyat al-Mujtahid," elucidated a straightforward method for employing preference in legal matters based on clear arguments. His contributions not only enhanced the stature of jurisprudential discourse but also facilitated access to the decision-making processes rooted in Qur’ānic and Ḥadīth sources. This article delves into Ibn-e-Rushd's strategies and methodologies in the realm of comparative jurisprudence, offering a comprehensive analysis of his approach. Employing both exploratory and analytical methodologies, this research aims to provide insights into Ibn-e-Rushd's enduring influence on Islamic legal thought and his contributions to the development of jurisprudential discourse.