مفہوم مخالف کی حجیت میں فقہاء کرام کی آراء کا تحقیقی جائزہ

The Legal Authority of Mafhūm Mukhālif in Islamic Jurisprudence: An Analytical Study of Juristic Opinions

Abstract

This research explores the concept of Mafhūm Mukhālif—known as the argument from silence or Dalīl al-Khitāb within Islamic jurisprudence. The study provides a linguistic and terminological definition of Mafhūm Mukhālif and distinguishes between its various forms, including Mafhūm Muwāfaqah and Mafhūm Mukhālif, detailing their applications and scholarly conditions. Drawing from the views of major schools of Islamic law, Hanafi, Maliki, Shafi’i, and Hanbali. The research critically analyzes the debate regarding the evidentiary status of Mafhūm Mukhālif. While Shafi’i, Maliki, and Hanbali jurists generally accept the authority of Mafhum Mukhalif, Hanafi scholars largely reject its legal application, except in certain contexts such as penal laws. The study presents the arguments of both proponents and opponents, using examples from Qur‘anic verses, Prophetic traditions, and juristic applications. Furthermore, the research examines the principles, conditions, and limitations of using Mafhūm Mukhālif as a source of legal deduction, highlighting areas of consensus and divergence among jurists. Concluding, the paper emphasizes that understanding the role of Mafhūm Mukhālif is essential for interpreting legal texts, revealing the nuanced methodologies underpinning Islamic jurisprudence.