The Fundamental Differences Related to Legal Rulings and Rational Rulings: From the Book "Al-Tahqiq Wal-Bayan Fi Sharh Al-Burhan" by Al-Abyari

Abstract

This research examines the Fundamental  Distinctions between legal and rational rulings, as presented in Imam al-Abyari's book, "Al-Tahqiq wal-Bayan fi Sharh al-Burhan" , The research employs inductive, analytical, descriptive, and historical methodologies. It concludes that these fundamental differences are not merely terminological distinctions, but rather have direct implications for understanding legal rulings and constructing legal reasoning. Distinguishing between legal and rational rulings, between rational and legal good and evil, and between rational and legal obligation helps identify the source of obligation and the method of establishing a ruling. It also contributes to understanding the disagreements surrounding religious obligations before the advent of Islamic law and the rulings on actions before the revelation of legal rulings. Furthermore, Imam al-Abyari's focus on these fundamental differences lies in clarifying the point of contention rather than simply transmitting opinions. He presents the various schools of thought, weighs them against each other, and discusses the objections raised against them, reflecting the nature of the legal methodology that characterizes his book.