MAḤMŪD ZAMAKHSHARĪ'S METHOD OF ARGUING THE ISSUES OF TRANSACTION

Аннотация

Maḥmūd Zamakhsharī is a great mufassir, mutakallim, jurist who came from Movarounnahr. When the scientific, cultural and economic situation in Mā Warāʾ al-Nahr was in decline, Maḥmūd Zamakhsharī served to revive and restore science with selfless scientists. Ten of his works are known today, and scientific researches on these works continue without stopping. Key words: Nuʿmān ibn Thābit, Maḥmūd Zamakhsharī, ibn Khallikān, Ḥājjī Khalīfah, Muḥammad ibn Idrīs ash-Shāfiʿī, Ru’ūs al-masā’il, Tāj al-tarājim, al- Aʻlām. "Ruusul-Masail" was listed by Qazi Ibn Khallikon among the works of Zamakhsharī in "Wafayat al-A'yan1". Khairuddin Zirikli "al-A'lam2" and Ibn Qutlubgha "Taj at-tarojum3" have mentioned the same thing.Also, in the works of Haji Khalifa "Kashf az-zunun" and Ismail al-Baghdadi "Hidayat al-arifin" they gave information about the presence of "Ruusul-masail" written by Zamakhshari. It is noted in the sources that Maḥmūd Zamakhsharī had published works under the name "Ruusul-masail" before some authors, especially those who worked in the field of jurisprudence. According to the work "Kashf az-zunun", Abul-Fath Salim ibn Ayyub ar-Razi, who was born in 447 Hijri, had a jurisprudential work called "Ruusul-masail". Abulhasan al-Muhamili (born in 415 A.H.) also has a work of the same name, which mentions the reasons and proofs of fiqh issues. It is also said that Imam Nawawi, who was born in 676 Hijri, had a work of the same name. However, "Ruusul-Masail" written by Zamakhsharī is more famous than other works written under this name due to the fact that it covers the issues related to the sects in Islam in a comparative way, the concise expression method is used, and the book is written in an easy to understand, fluent language. won and became the leader among the works 1 Qozi ibn Xallikon. Vafayot al-a’yon anbau abna az-zaman. – V:5.– Bayrut: Dor sodir,1997. – B.169. 2 Xayruddin az-Zirikliy. Al- Aʻlām. – V:7. – Dor al-ilm lil-malayin, 2002. – P.178. 3 Ibn Qutlubgha, Tāj al-tarājim fi tabaqotil-hanafiya. www.alwarraq.com. – V:1. – P.24 94 CURRENT APPROACHES AND NEW RESEARCH IN MODERN SCIENCES International scientific-online conference written on "ilm al-khilaf", i.e. the summary method of comparative jurisprudence. The main theme of the work is to explain important jurisprudential issues in a short and succinct manner within the framework of madhhabs. Of course, the author's ability to find solutions to the issues and problems covered in this comes from the depth of his knowledge. The style of short and succinct presentation of issues is used in jurisprudence, and it can be felt that the author Zamahashari was influenced by such a "brief" style. The reason for using abbreviated method is also educational, that is, to make it easier for students to learn and remember. Researchers have recognized "Ruusul-Masail" as an important source for the comparative study of sects. Although the work is wonderful, they emphasized that it covers all fields of jurisprudence and explained it as follows: will have enough information about their views. If a muntahi who has reached a high level in science reads, he will remember what he learned about sects." "Ruusul-Masail" is written in a comparative style, and it should be noted that the author presents two, and in some cases, three sects' views on the same issue. The work shows Zamakhshari's deep knowledge of issues related not only to one jurisprudential sect, but also to other sects. Allama presented the proof of each sect along with its issue. "Ruusul-masa'il" "Book of Hajr" mentions 5 issues that are disputed between the Hanafi and Shafi'i sects. The dictionary meaning of Hajr is absolute prohibition. "Hajr" in Shari'i istilah means restricting ownership of something through words. Another definition is: "Financially limiting ownership." In "Kanz ad-daqoeq" it is defined as: "Hajr is a limitation in words, not in actions."4 In the 197th issue of the book, Zamakhsharī notes the following: "Restricting a free person from the ability to act is false in our opinion. According to Shofei, it is permissible if a free person is a fool and a spendthrift”5. Our argument in this matter is as follows: "Liberty and maturity are the two reasons that prohibit the restriction of the capacity to act. If we restrict the freedom and freedom of speech, the possibility (authority) given to him by Sharia will disappear. Imam Shafei documented the following in this matter: "If a person spends foolishly, his case deserves consideration. The judge should restrict him from entering into financial relations, so that his property does not go to waste. He is 4 Abul Barakot Abdulloh ibn Ahmad an-Nasafiy. Kanz ad-daqoiq. –Madina: Dar as-siraj, 2011. – P..571 5 Chester Beatty Library. CBL AR 3600. – P.53. 95 CURRENT APPROACHES AND NEW RESEARCH IN MODERN SCIENCES International scientific-online conference treated like a smart, wasteful juvenile. The intended meaning is to protect property from loss. Becaus