THE CONCEPT OF TARJĪḤ IN ISLAMIC JURISPRUDENCE: SADR AL-SHARĪ‘A’S ROLE AS A SCHOLAR OF PREPONDERANCE

Abstract

In Islamic jurisprudence, tarjīḥ refers to the process of selecting one opinion from among differing scholarly views within a legal school. This process is categorized into tarjīḥ based on the strength of narration (riwāya) and tarjīḥ based on the strength of evidence (dalīl). Scholars who engage in this practice are known as aṣḥāb al-tarjīḥ (scholars of preponderance). Sadr al-Sharī‘a, a prominent Ḥanafī jurist, is recognized as a fifth-tier mujtahid within this category, distinguished for his ability to evaluate legal evidence and apply tarjīḥ principles. This article examines the concept of tarjīḥ, its significance in Ḥanafī jurisprudence, and Sadr al-Sharī‘a’s contributions as a multifaceted scholar. His works, including Tanqīḥ al-Uṣūl, al-Tawḍīḥ, and Ta‘dīl al-‘Ulūm, demonstrate his expertise in fiqh, logic, theology, and philosophy, underscoring his enduring influence in Islamic scholarship.