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مجلة قطاع الشريعة والقانون
كلية الشريعة والقانون بالقاهرة
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| Abstract: |
Abstract: Among the evidence discussed in the old books of Islamic jurisprudence (Usul), the work of the people of Mecca was mentioned, yet these books touched upon it with hesitation, not thoroughly examining or researching it. It was believed that it did not receive much attention from the esteemed jurists, including the four main ones. However, the reality is different, as Imam Al-Shafi'i, the Meccan seeker of knowledge, showed interest in it in many aspects of his jurisprudence.
It became necessary to highlight this evidence, preparing it for research and discussion. Through it, I attempted to emphasize the validity of the work of the people of Mecca and the permissibility of following their practices, along with some applications of Meccan jurisprudence.
One of the most famous figures associated with the work of the people of Mecca is Imam Al-Shafi'i – may Allah have mercy on him. He grew up and learned sciences, ranging from Arabic to Hadith to jurisprudence, in Mecca. Abu Al-Walid Al-Makki, the jurist, Musa bin Abi Al-Jaroud, stated: "We, along with our associates from the people of Mecca, used to discuss that Al-Shafi'i studied the books of Ibn Jurayj from four individuals: from Muslim bin Khalid, Saeed bin Salim – both were jurists – and from Abdul Majeed bin Abdul Aziz bin Abi Ruwad. He was the most knowledgeable among them in the books of Ibn Jurayj. He also studied from Abdullah bin Al-Harith Al-Makhzumi, a person of high reliability, known among his people as 'Nasser Al-Hadith'. Through this study, we will elucidate this."
This research follows a methodology of induction, followed by analysis and deduction. The study concludes with several results and recommendations, the most important of which is the consideration of the consensus of the people of the two holy cities – Mecca and Medina – especially after clarifying that the people of Mecca had a recognized and practiced method according to Imam Al-Shafi'i, and the people of Medina had their method preferred over the singular reports according to Imam Malik.
Keywords: People of Mecca, Meccan jurisprudence, divergent evidence, custom and tradition, Imam Al-Shafi'i
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