شرائع سابقہ کی حجیت کے اصولی معیارات امام ابن تیمیہ کی اجتہادی آراء کے تناظر میں ایک تجزیاتی مطالعہ

The Authoritative Status of Previous Divine Laws: An Analytical Study in Light of the Ijtihādī Opinions of Imam Ibn Taymiyyah

Abstract

This analytical study investigates the epistemological and juristic foundations of the validity (ḥujjiyyah) of pre-Islamic divine laws (Sharāʾiʿ Sābiqah) in light of the ijtihādī framework developed by Ibn Taymiyyah (d. 728 AH). It addresses a fundamental question in Islamic legal theory: Are the rulings of previous prophetic legislations binding upon the Muslim ummah if not explicitly affirmed or abrogated by the Sharīʿah of Muḥammad (peace be upon him)? Positioning Ibn Taymiyyah's thought between rigid literalism and uncritical transference, this study reveals his nuanced methodology that balances continuity of divine legislation with the autonomy of Islamic law. He affirms that any previously revealed ruling may be accepted as part of Islamic Sharīʿah only if it is not abrogated and does not contradict Islamic texts—emphasizing that silent transmission (sukūt) in itself does not confer legal authority. Drawing upon key texts such as Majmūʿ al-Fatāwā, this article highlights Ibn Taymiyyah’s unique differentiation between narrative-historical transmission and prescriptive legislation, his distinction between confirmative and merely descriptive Qur'anic references, and his emphasis on the universality of maqāṣid al-sharīʿah. His position serves as a mediating stance between classical ḥanafī accommodationism and ẓāhirī rejectionism. The study further explores the implications of this principle for contemporary usūl al-fiqh, particularly in regard to legislative sovereignty, interpretive autonomy, and jurisprudential consistency within the Ummah. Ibn Taymiyyah’s framework provides a principled yet dynamic model of legal continuity that preserves the integrity of the final revelation while acknowledging the divine origin of previous legislations under strict hermeneutical conditions.