Justifying with Wisdom between both Al-'Amidi and Al-Baydhawi

Abstract

This research deals with an important issue of the fundamentals of jurisprudence, which is: “justifying with wisdom”, as we presented it in the opinions of two great scholars in the principles of jurisprudence, namely Al-A'amidi and Al-Baydhawi.

The research aims to clarify the concept of wisdom that is to be made a justification, to discern whether wisdom can be controlled, and to elucidate the conditions of wisdom when considered in the justification.

The research dealt with the definition of justification according to Al-'Aamidi and according to Al-Baydhawi, the definition of wisdom, what is meant by justifying with wisdom, the opinion of each of Al-'Aamidi and Al-Baydhawi in the justification with wisdom, and finally the discussion of opinions and balancing among them.

The analytical approach, the comparative approach, and the deductive approach were relied upon.

The researchers reached a number of results, the most important of which are:

1 - The definition of the cause differs between both Al-Aamidi and Al-Baydhawi, as it is for Al-Aamidi the motive and for Al-Baydhawi the “identifier”.

2- The meaning in which the disagreement occurred in the justifying with wisdom is the first meaning.

3- The premises that we made for a specific result showed us that Al-Aamidi believes in the absolute prohibition, not as detailed in his books.