Comparative Study of the Methodology of Detecting and Establishing Laws of Figh from the Perspective of Sunni and Shia Scholars

The importance of the laws of Figh (Islamic jurisprudence) and their role in better understanding the laws of the sharia and the regulating of Figh teaching is clear for researchers in the field of jurisprudence. Although these laws do not have the same roles as the principle ones, they play an important part in the differentiated laws and parallelism of minor cases and applicability of each general law. Meanwhile, a question may arise by the researcher as to where these laws originate from, how they were formed, and where their bases are. Are these laws based on Quanic verses and traditions, have they been directly mentioned in texts and references of exegeses, or were they indirectly formed from clear manuscripts of the sharia? Perhaps the jurisprudent created them based on a collection of minor laws. This aim of this article "Comparative Study of the Methodology of Detecting and Establishing Laws of Figh from the Perspective of Sunni and Shia Scholars" has been to explain the methods of detection and to establish the laws of Figh by the Shia and Sunnis. We also aimed to state in detail the methodology of reaching these laws in each sect and to give examples of each case. The author concluded that the religious jurisprudent, in determining the laws, used the same references that they used to detect Figh issues. Although the two sects have common ways in this regard, there are also differences. For example, because Sunnis believe that rational proof, even if it is speculative, can be valid and used to prove sharia laws, they use it as rational reasoning for topics such as analogy and consideration of the public interest in discovering Figh laws. Also, since the AhulSunnat, in addition to complete induction that is considered as a proof by the Shia, they also consider imperfect induction that is speculative as proof. For some Sunni jurisprudents, induction is the most common methodology to discover Figh law. However, the Shia use some methodology to discover Figh laws that have not been seen in Sunni texts such as BanyehOqalah, rational common ideas, theological laws and the most important one is that the Shia due to using the traditions of the Ahul Bait (pbut) use common sense references which easily affect Figh laws directly. This article is based on library descriptive analysis such that main instruments used were credible Figh texts and Shia and Sunni Figh laws. We also reviewed the methodology Figh laws of extraction and briefly explained them.