امام شعرانی رحمۃ اللہ علیہ اور شاہ ولی اللہ رحمۃ اللہ کے نظریۂ تطبیق کا تقابلی جائزہ (عقودِ مالیہ کا اختصاصی مطالعہ)

Comparative Study of The Theory of Conformity by Imam Sha’rani and Shah Wali Allah: A Specific Study of Financial Contracts

Abstract

Differences in jurisprudential perspectives have existed since the time of the Companions of the Holy Prophet which led to the emergence of four distinct schools of thought in Islamic jurisprudence. For centuries, scholars have strived to create uniformity among varying opinions of these schools regarding various jurisprudential issues. Imam Abdul Wahab Sha’rani and Shah Waliullah Dehlavi emerged as prominent figures in this effort, having developed methods to reconcile divergent interpretations, proving beneficial for the Ummah.

This paper presents an analytical and comparative study of the theory of conformity proposed by Imam Abdul Wahab Sha’rani and Shah Waliullah Dehlavi, specifically focusing on financial contracts. The significance of this research lies in the examination of these esteemed scholars' insights on financial contracts, with practical relevance to contemporary complexities in Islamic finance.

Imam Sha’rani's teachings are encapsulated in al-Mizan al-Kubra, and Shah Waliullah's works, namely Al-Maswa Sharh al-Muta and Masfa Sharh al-Muta, which form the basis of the comparative analysis. Each scholar's theory consists of two stages. Imam Al-Sha’rani's approach centers on intensity and reduction in dealing with jurisprudential differences, evaluating every problem on these two levels. Conversely, Shah Waliullah identifies five forms of conformity, with the first form prevalent in various Fiqh issues related to financial contracts. He advocates prioritizing opinions that align more closely with hadith, emphasizing its significance in shaping jurisprudential perspectives.