By A cura di Alessandro Bausani
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Claiming that the [companions] lacked comprehensive principles is a claim of their ignorance and an impolite position toward them, in addition to indicating [Juwayni’s] ignorance of their affairs . . Yet, we know that Abu Hanifa was indecisive in some issues, and Malik (d. 12 Open Questions 33 Juwayni has an understanding of the difference between the work of Abu Hanifa and Shafi‘i as that of an inventor of the categories of the questions versus a cautious evaluator of the evidence supporting any position on these questionss.
Is reason, unaided by revelation, capable of arriving at binding answers to moral and religious questions (al-hukm qabl wurud al-shar‘ ; al-tahsin wa al-taqbih al-‘aqliyyan)? n 2. ) (shar‘ man qablana) a continue to be sources of Islamic norms after Muhammad’s revelations, which are the final revelations? 3. Is it possible for the Shari‘a to be silent about a given question even during its normal life of functioning as a theoretically comprehensive system (khuluww al-ashya’ ‘an hukm al-shar‘ ma‘a baqa’ al-Shari‘a ‘ala nizamihaa)?
Or does it allow gaps and vacuums? The standard Sunni juristic answer is “no,” it could not bear vacuum; and the reason is the potency of analogical reasoning. Analogy is meant to cover the area of ostensible Shari‘a silence by extending the logic of its explicit regulations to those areas where the Shari‘a “appears” silent. This is not taken to be a mere presumption; in reality, it seems to work. If this is the case, then the Shari‘a’s silence is only something of an optical illusion, suffered by those who have not developed good Shari‘a lenses.