+

ABSTRACT

 The book Nayl al Awtār SharÍ Muntaqā al Akhbār is considered as one of the most important books written by al-Imām al-Shawkāni (1172 H-1250H) in the field of Fiqh al-×adīth. It is also considered as a scientific and encyclopedic work in the study of Islamic Jurisprudence and Tradition of the Prophet (al-Fiqh and al-×adīth) which shows a great effort done by al-Imām al-Shawkāni as an eminent jurist. This study aims to gather and analyse juristic preferences (al-TarjīÍāt al-Fiqhiyah) found in this book with conce

ntration on transaction section (Qism al-Mu’āmalāt). Using the comparative and analytical study, the researcher has discussed some important examples of the juristic preferences and come up the methodology followed by al-Imam al-Shawkani in his preference, as well as its significant effect on al Ijtihād , al Tajdīd, al-Taqrīb Baina al Mazāhib, and the possibility of benefiting from those preferences in the recent juristic implementations. The study reached to the following conclusions, first, al-Imām al-Shawkāni's methodology of juristic has characteristics of moderate Ijtihād, that is, it follows only the Adillah (Proofs) not opinion of any scholar from mazahīb (School of Fiqh), it does not consider riwāyāt transmitted by untrusted-narrator, taking into consideration weak (non-authentic) Hadīth which is supported by other narration, and referring to valid Qawā’id Fiqhiyah and Ushūliyah.

Second, The study also found that al-Imām al-Shawkāni's methodology of preference is characterized by some sort of Taysīr (making easy) and SamāÍah (tolerance), being far away from prejudice (al Ta’assub), and following others without dalil (al-Taqlīd), and generally following al-Mazāhib al-Fiqhiyah. Finally, the study showed that it is important to utilize al-Imām al-Shawkāni’s juristic preferences in order to activate al-Tajdīd and al-Ijtihād, and to accomplish the idea of bringing Mazāhib closer together, as well as to achieve the Islamic revivalism to be able to cope with modern time and to get Islamic solutions for the ever-changing challenges and problems of Muslim Ummah. Full Thesis (In Arabic).