Assistant Professor, Department of Islamic Sects, University of Religions and Sects, Qom, Iran,
Abstract
The Abāḍīyyah fiqh is a middle ground between the Zahiri and Hanbali approaches on one side and the Hanafiyyah Fiqh on the other side. Although this jurisprudence was established in Iraq, it does not follow the methods of the Hanafi or Muʿtazilite schools. The Abāḍīyyah jurisprudence is neither purely literalist nor purely rationalist; rather, it interprets those apparent meanings that do not accord with reason. It should be noted that the fatwas of the Abāḍīyyahs are sometimes reconciled with the Maliki jurisprudence, sometimes with the Hanafi, and sometimes with the Jaʿfari (Shiʿi) traditions. The contemporary Ebāḍhī approach and structure proceed with a tripartite division of inferential sources. The sources of legislation in Abāḍīyyah are the Qur’an, the Sunnah, and reasoning; consensus (ijmaʿ), analogy (qiyās), and istidlāl (the act of reasoning) are regarded as forms of ra’y (opinion). Typically, istidlāl in Abāḍīyyah means analogical reasoning, juristic preference (istihsan), and considerations of maslaha mursala (unrestricted public interest). This article, using a descriptive-analytical approach and a library-based methodology, engages in the reconstruction, renewal, and the new structural arrangement of Abāḍīyyah jurisprudence sources and methods of inference in the contemporary period.
