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Fundamentalism and jurisprudential rules and controls look in the classification and installation

Fundamentalism and jurisprudential rules and controls look in the classification and installation *

Meets all the conditions legitimacy. Radwan Mr.

Professor of Islamic studies at the Lebanese University.

First: Rules and doctrinal fundamentalism

أ. Definition Qaeda idiomatically: Definitions abound for conventional base based on a defined understanding of the nature and functions. Vaharif Jerjani says: “It is a college issue applicable All fractions“([1]). And watched in this definition Fayoumi Alkova Althanue([2]); But agrees on استغراقها each molecules without exception some jurisprudence scholars such Taftazani([3]).

With. وأصحابُ هذه التعريفات تغلبُ عليهم الثقافة المنطقية والأصولية؛ ولهذا لا يهتمّون بالتمييز بين القاعدة الأصولية والأخرى الفقهية، كما أنّهم لا يهتمّون بالاستثناءات. And to alert Tajuddin Subki Femiz since the beginning of the definition of the maxim that it: “Macro command to which they apply many particles understand its provisions”([4]). Hamwi said: “The judgment of a majority rule applies to most Dziyate to know its provisions thereof”([5]).

Because here is not intended survey; but access to identifying the base is the premise of the work; has opted to reduce reached the Rocky Mohammed when he knew as a base: “Judgment based entirely legitimate evidence drafted abstract formulation of the Court, applicable to fractions for regularities or majority”([6]). Thus, the doctrinal base in a middle status between the upper limit is legitimate public assets - which proves its ruling himself - and controls jurisprudential. And on the assets of legitimacy here: Qur'an and Sunnah and what it rather than the provisions of the. The controls, which are the lowest of the rules; difference between them and al-Qaeda:

1- That al-Qaeda branches gathered from various doors.

2- The officer collected from one door.

So we get to the exact definition of Mokri jurisprudential base (Fundamentalism is not) In terms of the status and functions when she says: “Each Kelly is specifically of assets and other general mental meanings, and more generally of the contracts and the total private doctrinal controls “([7]).

With. Fundamentalist rules: Says Quraafi in Differences The Jurisprudence She: “Rules arising from the provisions of private Arabic words, and displays those vocalizations of copies and weighting toward: It is obligatory, and the Prevention of prohibition, and the formula pan, Nhozlk the”. Then he adds: “The output from this pattern, but the fact that the measurement argument, and one news, recipes and hardworking”([8]).

In fact, the authoritative measurement, single authoritative news, and who exercise civil diligence; all that is somewhat different from the terms that are Detectives ” Linguistic rules ” Judgmental institution to read texts. Then the Fundamentalist rules Non-verbal language or are not limited to what Quraafi said. The argument that the rule: “Malate consider religiously significant unintentional acts” Fundamentalist base is established interests and pretexts dams or groundbreaking, as established for the purposes of legality; with it is not a linguistic and do not fall under the aforementioned authoritative measurement and single news([9]). The same thing can be said about college rule argument: “Uncertainty disappear, not the smallest doubt”. It is a comprehensive base without having a relationship with language.

It seems that the fundamentalists and put the base: “Malate acts” And rules similar to the rules of language, within the context of one is: “Fundamentalist rules”, Mosque entirety or comprehensiveness, but considering the similarity in the job, despite the qualitative difference. The rule language, which states that it is something requires the prohibition on him, and rule that the public remains on the general meaning that is no evidence devote; Both nature College, enter below them many provisions; But discerning the key for them to Clethma fixed the same thing; since they Najmtan for . And vary authoritative measurement, single and authoritative news from the face to the effect that the two issues are not to Goatin. While arguably the single authoritative news is of supplies or Msttavat Authentic year; it can not be said also about the measurement. It is not a linguistic base, and the authoritative did not demonstrate the same text. Thus the matter with base: “Malate considered acts”;: “Uncertainty disappear, not the smallest doubt”([10]).

Which I reached behind it all; language that the rules set status or terminology caller directly related to the operative part of the text or to the crisis, while proven measurement bases considered Malate acts extrapolation of molecules law, the presumption of its mosques, the first: “Measurement” In terms of the ills of the provisions, and the second: “Malate considered acts” In terms of their ends.

Thus, the linguistic rules of a systematic nature; any related ways to read and interpret texts and interpreted, and the pillars of the whole; while a measurement, and characterized bases: “Malate considered acts”Or: “Uncertainty disappear, not the smallest doubt”, Of course تأصيلية; Therefore I see the distinction between the two first nomination linguistic rules, and the designation of the second fundamentalist rules. And the usefulness of that linguistic rules relating to substance-Shara, while the second related to Shara mind or wisdom.

Jhlan عدون. Jurisprudence: Confused scholars to distinguish between the fundamentalist rules, and jurisprudential rules, Verkazhon that their similarity in that both of them based on the extrapolation of the jurists. But - according to these- There are pan and especially. The College of fundamentalism comprehensive rules apply to other molecules; while the rule of jurisprudence rule Ogelba applies to most of its fractions. The rules reasoning, المآلات and the purposes and interests, holistic and comprehensive nor lagging behind; while connected jurisprudence Bdziyatea directly linked to and therefore suffered exceptions, and vary strongly in terms of general and particular([11]).

The researchers provides other differences between the rules and linguistic fundamentalism on the one hand, and the rules of jurisprudence on the other hand; such as the difference in evolutionary history, and differences in function, and lead time, and subject, and the relationship of the provisions([12]).

The fact that the rules of the tongue and teleological reasoning and is a constituent college theory issues, which if he each Kaltalil on induction in origin; but they have fallen into a kind of fortitude and abstraction. And thus became a Muslim judge them on without rules related provisions, and related Paljziat controls fully attached. Valtalil, for example, is a fixed base College; The types of الأقيسة and constitute ills and are different rules of jurisprudence. The question that it is obligatory Faculty of fixed base; The types of obligatory once again intervened in the jurisprudence. As well as to say that the law of Malate and purposes of the interests of people are necessary; College base, but a statement of destination or deduced in molecules provisions; enters in the door of jurisprudence.

The truth is that the authors in the rules and differences and purposes were aware of all of this when Miyazawa between rules and other jurisprudence fundamentalism; making the first Multi science of jurisprudence, and make the second within the scope of the work of scholars in absorbing particles within the base and middle. They therefore need to know industrious rules fundamentalism, and the need for second “Jurisprudence” For مفتين, judges and teachers.

D. Jurisprudential controls: The Taj al-Din al-Subki that the difference between the base and the officer idiosyncratic jurisprudence that:

– القاعدة لا تختصّ ببابٍ كقولنا: “Uncertainty disappear, not the smallest doubt”; They are expanded to include branches and molecules of other jurisprudence doors, acts of worship, customs and transactions, such as: “Hardship brings facilitation”, And Abu Ammar Abdul Kafi: “Damage remains”…

– بينما لا تتّسع دائرة الضابط لأكثر من الجزئيات والفروع التي تندرجُ في بابٍ واحد؛ من مثل: “Each expiation caused by sin is immediately”([13]).

The scholars notes that scholars often called the base or vice officer.

In fact, what is known as the officer is a special case to be approaching a verdict in coming down or a few cataclysms. The real controls are rules that fundamentalism control Sharia material and her mind or wisdom; while jurisprudence includes electrolytes and Almtnatrat crowd disperse and rated.


Secondly: Evolving jurisprudence

Concerned with rules and theological fundamentalism permission and both Sharia law, which is God's speech on the actions of the subjects.

The first means that بمادته it verbally and style, the fact figuratively and idiomatically (Grammar), Or with reason (The rules fundamentalism on بالتعليل of the) Or wisdom (Rules relating to the purposes fundamentalism).

The jurisprudence partial means that judgments systems it related to the branches in different sections so that the rules appear middle, can be invoked to generate more of the provisions in times of calamity and Updates. Thus, the diligence and innovation - so to speak- But it was in the second era of identify periods of jurisprudence among the third and sixth centuries of migration; through jurisprudence and branches, particles, or the infinite realities, in the words of Imam Ghazali (505AH / 1111 AD) Due to the enormous ferry that texts Taatnahy and the facts do not Taatnahi!.

This has resulted from the development of the other schools of law, ways of thinking and acting that can be summarized as follows:

    1. Focus on regulation in idiosyncratic ways that blogging a bit strange; sense that the authors of the first three generations, what they were, and in addition to explain; but was being summarized or shortened, and then explain it to Manual or those acronyms. This applies to all other books of fiqh schools. In the Hanafi school, which did not leave شيخها Abu Hanifa books, has been collecting books Muhammad ibn al-Hasan al-Shaibani six (Known books Zahir novel) Ruling by the martyr, and shortened, then program Sarkhasi explain acronym, that appeared brief Tahhaawi and Kaddouri stood others Bashrhama and so. In school Maalikis was a long stick save Muwatta owner; But the work and effort has been focused on short Ibn Abi Zeid explained repeatedly that emerged over the centuries other acronyms. In the Shafi'i school, what explain one or added on mother-to-book Shafi; but اختصره Muzani and effort focused on a brief explanation Muzani. Hanbali has appeared owner الخرقي, then rolled annotations on الخرقي; most famous book is also known to the son of singer Qudamah([14]).

    2. Says Joseph Schacht J.Schacht and other([15]) The idiosyncratic blogging in its early stage, and that led to the extensive literature later; was the result of rivalry between the judges on the one hand and the other hand jurists (And those who worked teachers and مفتين, and remained outside the functions of the State either for زهدية reasons or political). It is evidenced by the responses known to my father Hanifa on Awzaa'i and Osman البتي and Ibn Abi Layla. Word Layth ibn Sa'd on the owner or his message to him, and answers Jabir bin Zaid. However, it is beyond it affects different jurisprudential traditions in the regions and curricula; such as Shafi'i difference with the owner, and Shibani. It is like Shibani named book: “Argument on the people of the city”. It is like the message of Abu Bakr Ibn Abi Shaybah in the end Classified by In response to the Abu Hanifa violating year. And soon became an art difference stable since written Mohammed bin Nasr Marwazi, (294هـ/906م) Known as: Different scientists, And Muhammad ibn Jarir al-Tabari (310هـ/922م) Known as: Different scholars. This art has been elevated as it is known to the ranks of comparative jurisprudence between different schools of law, and within each school in order to report the most correct opinion in the doctrine.

    3. Focus on Altqaid; This concept as a form of organization of the working principles in the doctrine. But there was keen to reduce those rules, and in that competition; so only do four or five bases, and enumeration issues falling below. It began Karkhi Hanafi and contemporary son of the pool Ibadi, followed by others. The story of Abu Taher Dabbas Hanafi famous; as it is said to be Re all the view of Abu Hanifa to seventeen base; but seven of them knew only, Qllaha the Shaafa'is to four or five which is also known as: “Uncertainty does not fade with skepticism”, And Abu Ammar Abdul Kafi: “Hardship brings facilitation”, And Abu Ammar Abdul Kafi: “Damage remains”, And Abu Ammar Abdul Kafi: “Habit Court”, And Abu Ammar Abdul Kafi: “Things its purposes”.

    4. Discontinuity between the science of jurisprudence above its major rules and jurisprudence centered explanation of abbreviations, and branching rules of jurisprudence, and support this or that doctrine in the scope of the rivalry between the schools, and the competition between senior scholars. This does not mean that the purposes of the legislation and philosophy major, it was clear from the outset; But the decision Shafei in the letter the late second century; especially into account the measurement guide, and the Palace of diligence to understand the illness or discovered; What were re-examined, even in the era of prosperity Almatzlah in . And thus broke the rules fundamentalism, which was considered of particular linguistic fixed and absolute, broke away from the jurisprudence that was supposed to reflect the philosophy of through diligence in devising provisions on the basis of which.

    It seems to me that this development in ways Authoring Altqaid, aimed at making “Tradition” Doctrinally solid, which limits the possibilities of refurbishment but بالانشقاق; was behind the boom in the seventh and eighth centuries of migration in the jurisprudence of interests and purposes, in books and rules differences([16]). He wanted the book Purposes Since Ibn Aqeel (513هـ/1119م)At the beginning of the sixth century reconnect assets branches to launch a major discretionary movement, of course, fell for technical reasons only. He also wanted the book Rules By delivery to hundreds since the seventh century, out of إلزامات and Tadhaiqat Investigation of illness in the measurement, amid overwhelming criticism of Greek logic control of the measurement idiosyncratic([17]).

    Thirdly: In the analysis and synthesis

    Abu Zaid الدبوسي said (430هـ/1038) In ” Evidence calendar “: Reached from Abu Hanifa (150هـ/767م) He said Yusuf bin Khalid azimuthal(190هـ/805م): “Every hard-working are right, and the right when there is one God. Between those who missed what God is right in his right”([18]). It is known that the same is narrated from Abu Hanifa contemporary Obeid-Allah ibn al-Hasan Amber (168AH / 784 AD) Judge Basra, and thinker Mu'tazili Hisham Alfoti, (220هـ/835م), And newborn bin Aban Alcrapasa, (226AH / 840 AD), Amr ibn Bahr bigeye (255هـ/868م) ([19]). While remember that Abu Hanifa sources and Amber were of Murji'ah; the Alcrapasa was close to the people talk; while he was Alfoti, as previously say, Matzlaa, as well as bigeye. That is clear that the three (Amber, Alfoti and Alcrapasa) They were originally considered this argument verbally or Aatviadea, they wanted to get away from the atonement, which popularized the Islamic difference in the second century; while Abu Hanifa was in favor launch freedom of diligence in the jurisprudence of branches, as well - of course- To avoid the effects of variation in assets.

    Although everyone in the second century of what they acknowledge the discretionary difference in beliefs; has been the fact that the attraction was severe on the air the events of the first century of the companions, as it was in reality not a direct entrance to those events in which two: Issues of faith and destiny. It could be argued here that the argument: “Every hard-working rightly” Was the beginning of separation between scholars and speakers towards the adoption of difference or diligence in jurisprudence, and prevent or denied in beliefs. The conviction appeared proverb jurisprudence of those messages exchanged in the difference between the scholars of followers and their followers, and the previously mentioned. But at the same time began the search for controls and standards can be invoked in different conditions in the branches. So soon began Responses to “Corrected” These toward going to be “And the right one” Not when God Almighty only;, but when people, and to proceed in order to confirm the report read assets speech of God, and that speech or evidence, arguments and sources deposited([20]).

    Hence focused effort Imam Shafi'i (204هـ/819م) In Message And mother On the report of assets or forensic evidence in the first, and the application of this approach (Difference uncontrolled) In the second book([21]).

    What was important Shafei and his peers until soft hand report of assets or evidence of legitimacy. Has prevailed at the time the argument continued Ben tender (131هـ/748م) , Who is credited with founding retire, and argument: “The right to know of the faces of four: Talking Book, and the news of the community it, and the argument mind, and the consensus”([22]). So focused his effort Message A critique of the concept of community news person, who was comparing Year Among scholars personnel and their followers (Including the Abu Hanifa and Malik). He saw Shafei and talk to the owners of the year have the authentic, not for meeting people; but to trust Besdorha the Prophet u who does not speak about passion, the text of the Koran. And so it is limited to adjust the modalities and Rod talk (Or Sundays news about the words of the Prophet, peace be upon him and do his), Who becomes the year followed when you think about the health of predominance attributed to the Prophet, peace be upon him. The third directory or third origin: Consensus; has said Shafei Bhadjith, also ensuring that the Koran “Follow the path of the believers”([23]).

    If other scholars of the second half of the second century have faced problems prove one authoritative news, and Authentic consensus, as a legislative source; the most complex problem was the protest of the judgment, or the argument of reason, according to the interpretation and son continued to tender. The shortened Shafei the road or on the speakers, or he walked on the same approach as in the cases of news and consensus; when he went to that Ijtihad (Mental) Manual also is the fourth;, but a specific form of meditation or mental reasoning is the measurement (On fixed asset: Quran and Sunnah). This is the secret annoyance Shafei and owners talk of the argument: “Every hard-working rightly”; It means that the speaker can create conditions; any that could be a street, and the right that there is no street but God Almighty. And the Koran in the eyes of Shafi'i, and according to his understanding of some verses, inclusive, comprehensive and included everything or that it included all provisions and all ills. This is the work of al-Faqih is limited to the discovery of governance through the discovery of the illness between the University of emerging realities, and what it entailed and embraced the text and correct prophetic news([24]). If incident ينضبط the Baalth; rule outs for veteran jurist (Industrious) The المتفهمة reading of the text of the reasoned statement of its assets language which rotates between fact and metaphor, and in particular, burner and copied, and the overall and restricted… Etc.([25]).

    Under the weight of struggle with Mu'tazilis and philosophers permission, and compete with political power and, prevailed approach Shafei Altaesela and explanatory. Became assets assets legitimacy to language, but what is known as rules fundamentalism فاقتصر the the “Discovery” Ills, which is the main work required according to the Shafi'i jurist. The “Purposes of the law” Have been neglected or entrusting her as one of the speakers Investigation faith, not of Investigation Principles. Hanafi was forced to save their doctrine to the acquisition of knowledge to speak, and adjust views first Gelém and second Bmruyat the modernists. The plaudits have, and which is not subject to controls Shafei in measurement, it has gone to that measure cryptic. And puzzled Maalikis in “The work of the people of the city” In “Sent interests”, A legacy of the pre-stage Shafei and owners talk; Villtoa the original first year in general, and made the second start of achieving suffixes assigned to in Investigation illness in measurement.

    Those who refused to comply with the new jurisprudence has diminished sects and still, or turned into a few schools.

    In fact, the Jurisprudence Is a direct result of unintended for two by majority owner Message And intercourse science and his generation.

    The first command: Makassed separation of assets and jurisprudence.

    It II: Building legitimacy asset building formality arbitrator.

    Islamic historians will recall that the first without jurisprudential rules for a particular doctrine is Abu al-Hasan al-Karkhi (340هـ/951م) Who wrote a private message in assets over the branches Tap. The Me Later Abu Hafs Umar bin Ahmed Nasafi (537هـ/1142م) Stated examples and an explanation of what analogues Hute of assets and rules. Karkhi said to be taking the rules Abu Taher Dabbas, as already mentioned, and added the group came in thirty-nine base (It is printed with the establishment of the Debussy is known as)([26]). And his way of working that goes to the collection of isotopes and likes in Jurisprudence molecules in various doors and summarized or يجردها the relatively abstract base. One example is the rule that he has to: “Muslim-mounted things goodness and even shows other payment”. And al-Qaeda planned to: “The situation of the significance of the article also”. And al-Qaeda planned to: “Question and the speech is going uncle and prevailed not what deviated Wonder”. The rule that the: “Reservists in God's legal rights, and rights of other people may not be”. And the rule that it: “If ever (Referee) Diligence does not terminate diligently like him, and terminate the text”([27]).

    The same thing he was doing Karkhi and Nasafi from the collection of likes and partial isotopes under the base, I'm doing pool (362هـ/972م) In “Whole“. We can monitor these ongoing process by Induction When I'm swimming, better than we could have Karkhi; because the book of Ibn pool “Whole” We got a full([28]). He stated, for example, he devised base: “A virtue of necessity ” Of the following particulars:

    – أنّ للمجاهد، وكذلك المطلوب من قِبل عدوٍ يخافُهُ أن يصلّيَ كلٌّ منهما بحسب قدرته.

    – وأنَّ المريض الذي لا يجد السبيل إلى الانتقال والتحوّل إلى جهة القبلة يصلّي حسب وجهته التي هو عليها.

    – وجواز صلاة الفريضة على ظهور الدواب عند الاضطرار.

    – وجواز تغطية المحرم رأسه إذا اضطُرّ إلى ذلك.

    – وجواز الأكل من أموال الناس لمن اضطُـرَّ إلى ذلك.

    The son did the same pool with other doctrinal rules of such:

    – “Hardship brings facilitation”.

    – “Every act of his family issued Vnfazh depends on leave from his right authorized”.

    – “Sin can only be of Qassed need”.

    – “Money only pay Balbana the”

    – “If signed permission is still prevention”.

    – “If the hypothesis must describe fallen been removed”.. Etc.([29]).

    And apologize to those historians to developers of the rules of the particles; that scholars doctrines top, with the exception Shafei, what wrote the assets legitimacy that relied upon and Illtoha; therefore came the following generations to rely on curriculum based approach to extrapolate the particles to set rules to enable them to use sustained in the facts emerging!; Therefore claimed that there are two or two approaches Vqhien the:

    – نهج الشافعي والمتكلِّمين.

    – ونهج الفقهاء الآخرين.

    The Shafi'i begins approach of colleges to the particles, and The scholars Alohnav the approach and the other begins from molecules to colleges([30]); They lack in the beginning to تقعيد assets, as did Shafei!.

    The truth is that all this is not right. Valhafie who was Mhgosa compromise approach Mu'tazilis mental issues legislature, set up building a formality contrary view of separation and control, out of my way rooting and reasoning, فجرد assets; to remove them from rational Mu'tazilis wasteful, and thus Qdahm without means of trying to build a system, text Vodaf impact assets in devising branches or . Proof of two things happen:

    أ- أنّ الفقهاء الشافعية هم أكثر المدارس الفقهية استعمالاً للقيـاس الأرسطي؛ لأنّ منهجهم تجريدي وتعليلي؛ فنتائجه متضمّنة في مقدماته. These are the main two features to the logic of Aristotle, less pain Ghazali Shafie: “It is not known logic does not documenting his knowledge”؟!.

    With- أما الأمر الثاني فهو أنّ الفقهاء الشافعية أنفسَهُم عندما اضطُرُّوا للتقعيد الفقهي، لجأوا للاستقراء، ولاعتبار الجزئيات. After that they went away, returned to the author in the graduation branches on assets, to re-connect their bases derived by extrapolation explanatory approach and Altaesela. Ghazali, who sees the foregoing in the infallibility logic or Almath and necessity for diligence idiosyncratic, come back to say contradicted himself: “The texts Taatnahy, and the facts and not Nawaazil Taatnahy”!.

    However, the problem that someone said and wrote of forethought mental independence in enactment, except perhaps for virtual and Ibn Hazm (456هـ/1063م) And unequivocal manner, out of income is impossible to say the difference. Ibn Hazm has denied that the measurement be evidence, resorted to derive directly from the Quran and Sunnah. But what he could not find his judgment in the Quran or Sunnah explicitly or interpretation; fact or metaphorically, he said the launch of consideration, unmoved Shafi'i interpretation of verse: ) We have neglected nothing in the book (([31]).

    Fourth: Conclusion and results

    Try Shaafa'is in to “Jurisprudence rules” Door rework some verses and hadiths or implications in the rules, as they did in the last four or five rules known:

    “Uncertainty disappear, not the smallest doubt”, And Abu Ammar Abdul Kafi: “المشقة تجلبُ , And Abu Ammar Abdul Kafiيسير”, And Abu Ammar Abdul Kafi: “Damage remains”, And Abu Ammar Abdul Kafi: “Habit Court”, And Abu Ammar Abdul Kafi: “Things its purposes”.

    But they were able to follow this process to Tadhirha فلجأوا such as Hanafi Ibadi and Maalikis are induction([32]).

    And so it was Jurisprudence The beginning of the differences in the books out on the issue of separation of assets legitimacy (Except linguistic) All branches of jurisprudence and its fractions.

    But Almntoma broke completely with the advent of Jurisprudence interests Which manifested itself Travch in that its beginnings were at the hands of the Hanbali jurist Ibn Aqeel (513هـ/1119م) Who said: “Shafie said: Not only what policy approved by Shara. The truth is that what was actually a policy be with him closer to the goodness of people, and far from corruption, but did not put him the messenger, not down by the revelation… The signs appeared of Justice, and resulted in the face in any way whatsoever, cable release and the law of God and religion”([33]).

    The Karkhi Hanafi still believes that “Differentiate between the judgment and wisdom bug the accusation is positive and wisdom is positive”([34]), Came Shafi'i jurist Izz al-Din Ibn Abd al-Salam (660هـ/1261م) To a huge write a book is “Provisions in the reform of the rules creatures”, Which goes to the law are all based on the interests of the slaves brought and ward off evil about them([35]). At a time when the Ibn Taymiyyah (728هـ/1327م) Writes in the criticism of Aristotelian logic and measurement idiosyncratic building it, and see that the problem of the problems his faculties, while based jurisprudence branches on partial([36]); Was his student Ibn (751هـ/1350م) Puts his “Roads wisdom” To build on the provisions interests. And it peaked with Quraafi (684هـ/1285م) In Differences, And Shaatibi (-790هـ/1388م)

    In “Approvals”; Which has become the wisdom of her mind, or Sharia purposes (Means the interests of people necessary) Is the incubator of everything else, and not only in Islam; but as Shaatibi said: “It has been said (Any interests of people) Into account in each religion”([37]).

    Jurisprudential rules were two main (In addition to simplifying the jurisprudence doctrines and organization):

    First: Reconnection between reality and legitimacy to the assets renewal kinetics of diligence and innovation, and enable the jurist to exercise its mission in the follow-up “Facts that do not Taatnahy”.

    Second: Service of judges and muftis in the process of prudence law, and its application in people's lives, and in solving their problems.

    I remember that American students of Arab origin years ago wrote a thesis entitled Approximate: “Is it possible for litigants and witnesses to reverse expect the judge rule that `certain al-Maliki in a feud in front of him in Fez in the eighth century AH??”, The student tried to answer this question many through fatwas books and chaos, then abbreviations doctrine. Then search led him to the books of jurisprudence, and his answer was in the affirmative. It is known that the authors of the Judicial judgments magazine Ottoman, Dug around percent base of the Hanafi school books (In most relied on likes and isotopes to Ibn Najim, which carries a lot about Suyooti Shafei!) And put it in the introduction to the magazine as a legal materials ready([38]).

    We all know that Islamic jurisprudence of different nature from assets and configurations laws of modern civilization. However, some of its rules and controls and Tgarirath entered into a number of laws, In Lesson academic year. We are in need to read this doctrine not to the point of interest in the present and by; but also that history has not been written yet. There is no doubt that the fundamentals of jurisprudence needy than other sciences to Critical Readings. And Allah is the before and after.


    [1]) Jarjaani: Tariffs, Scientific Library, Beirut, CT. Third, 1994, p 171.

    [2]) Abu stay Alkova the: Colleges, investigation and dissemination of Adnan Darwish, Mohammed al-Masri, i. Damascus. 4, pp. 48, Fayoumi: Lamp enlightening, p 510 (Material: Sat), And Althanue: Scout conventions Arts, m 2, p 1176. Compare Ali Ahmad Nadwi: Jurisprudence, Dar pen in Damascus, the fifth edition in 2000, pp. 39-61, and Jacob Abdul Wahab Bahasin: Jurisprudence, majority Library in Riyadh, i. II 1999, pp. 15-39.

    [3]) Taftazani: Waving the clarification 1/104. And compare Balaqrafa: Differences, published revive Bestsellers in Egypt, 1344 AH, 1, pp. 2-5.

    [4]) Taj al-Din al-Subki: Nazaa'im. Achieve the existing Adel Abdul Ali Mouawad. Scientific Library of Beirut, 1421, 10, pp. 11-12. And look for Sheikh Ahmed Zarqa: Explain the rules of jurisprudence. Provide Mustafa Zarqa and Abdul Fattah Abu gland. Review Abdul Sattar Abu gland. Dar Muslim West Beirut, 1983, pp. 26-28.

    [5]) Hamwi: Gomez eyes Insights explain the book likes and isotopes, the dissemination of scientific Library, Beirut 1985, M-1,

    P 15. And compare Sheikh Mustafa Zarqa: Entrance idiosyncratic. Publishing house thought, 2/947

    [6]) Mohammed Rockies: Altqaid theory idiosyncratic and their impact on different jurists. Publications of the Faculty of Arts at the University of Mohammed V, chain letters and theses No. 25, 1994, pp. 57-68. Compare him now; Mohammed Alrougui: Jurisprudence through the book supervision of Qazi Abdul Wahab al-Baghdadi. Publishing house research studies. Dubai, 2003, pp. 157-171. Compare Dr. Mohammed Zoheily: Jurisprudence on the Hanafi, Shafi'i, Kuwait University, 1999, pp. 18-20.

    [7]) Mokri: Rules. Achieve Ahmed bin Abdullah bin Humaid. Umm Al Qura University, 1 m / 212-213. And compare Balbahasin: Jurisprudence, previous source, p 40-41. And see bulletin Mohammed Bin Mohammed Aldrdabi to a Mokri book: Jurisprudence rules 1/53-54.

    [8]) Compare Berhana to: Dam excuses in Islamic law, Beirut, 1985, pp. 156-159 where he explained in detail discrimination Quraafi in the differences. See offer'm Hamid Mokri rules, previous source, p 1/107-108. Compare Muhammad Secretary Ould Mohamed Salem bin Sheikh: Taking into account the difference in the Maliki school and its relationship with some of the assets of doctrine and rules of, Dar research and studies in Dubai, 2002, pp. 125-131.

    [9]) Compare the differences between the rules and jurisprudence fundamentalism: Bahasin, pp. 137-142, and Nadwi, pp. 67-71, and Mohammed Zoheily, pp. 2-22, Alcentov: Rules fundamentalism, op cit, pp. 46-54. And divides Dr. Jamal Eddine Attia, in his book: Endoscopy idiosyncratic, 1987, pp. 77-80 bases into four sections: Fundamentalist rules, and the rules of words, grammar, and jurisprudential rules. In relation to comprehensive and focus on jurisprudence there, according to his point of view three types of rules: College rules of origin, and common rules between doctrinal sections of different sections, and common rules of jurisprudence doors one partition Kalabadat the transaction or.

    [10]) Quraafi: Differences, m 1 / r 2. Compare Muhammad bin civil Alcentov: Fundamentalist rules when Judge Abdul Wahab al-Baghdadi, publishing house research and studies in Dubai, 2003, p 46.

    [11]) Compare the Rocky Mohammed criticism of overlap in terminology and definitions;: Theory of jurisprudence Altqaid, op cit, pp. 57-59, and cash الباحسين: Jurisprudence, op cit, pp. 100-106.

    [12]) Compare the differences Aqrafa 1/2 In terms of a clear distinction between the rules and jurisprudence fundamentalism. See Nadwi: Jurisprudence, op cit, p 68. See rules jurisprudence Bahasin, op cit, pp. 118-123.

    [13]) Compare the differences cited by scholars jurisprudential between al-Qaeda and the officer; Muhammad Rockies: The rules of Islamic jurisprudence through the book supervision of Qazi Abdul Wahab al-Maliki, Dar pen in Damascus and the Islamic Fiqh Academy in Jeddah, 1998, pp. 112 - 113 (It is similar to the aforementioned his book about Judge Abdul Wahab and printed in Dubai), And Mohammed Zoheily: Jurisprudence, op cit, pp. 19-20, and Nadwi: Jurisprudence, op cit, pp. 46-52. In fact, the difference one, confined to the base includes a variety of issues from various doors; while featuring officer issues limited jurisprudential door of one.

    [14]) There are three types of studies of the history of Islamic jurisprudence: Offers descriptive wrote all the doctrine in various ages, and offers comparison of topics, doors and books in different schools, and academic tracking to a single subject (Such as jurisprudence) In other classical jurisprudence. In recent decades, increased attention to two things: Some of the major figures in jurisprudence, political and cultural contexts for the emergence and evolution of doctrines. However, studies on the working methods of the jurist is still rare. Compare, for example, the excellent descriptive study of Muhammad Ibrahim Ali: Convention doctrine when Maalikis, the House Research and Studies in Dubai, 2002. And compare a relatively old book is idiosyncratic endoscopy for Jamal Eddine Attia (1987).

    [15]) Compare: – Joseph Schacht, An introduction to Islamic Law (Oxford, 1964).

    Norman Calder: Studies in early Muslim Jurisprudence (Oxford 1993).

    And see a different opinion about the emergence of the first jurisprudence and developments: Harald Motzki: The Origins of Islamic Jurisprudence. Suffer 2002.

    And compare this early stage studies; Radwan Mr.: Blogging and jurisprudence and the state, looks at the emergence of Islamic jurisprudence; diligence magazine number 2, Winter 1989, p 5.38, and Radwan Mr.: Sir books, and the emergence of the issue of the homes; in the work of the Conference: Arab and Muslim heritage in external relations. Issuance of the Institute of Arabic manuscripts. Cairo, 2003, pp. 415-435.

    Islamic Jurisprudence historians is that the delay in the emergence of jurisprudence jurisprudence is normal. Therefore يكتفون the Ptadid names and addresses of written rules and controls since the differences Karkhi (-340E) And after. With some of them noticed a dichotomy between fundamentalist rules and jurisprudence on matters of process; compare the beauty Eddine Attia: Endoscopy idiosyncratic, op cit, pp. 68-72, and Alcentov: Fundamentalist rules when Judge Abdul Wahab, op cit, pp. 32-36, and Mohammed Alrougui: Jurisprudence through the book supervision, op cit, pp. 193-209, and الباحسين: Jurisprudence, op cit, pp. 297-390, and Nadwi: Jurisprudence, op cit, pp. 57-157. It is known that adult innovators in the rules and interests, perceived dissidents for violating the doctrine assets; such as Hanbali: Ibn Aqeel, toffee and Ibn Taymiyyah.

    [16]) Was our teacher Ali Sami Nashar was published late forties dissertation research methods when Muslims and criticism of Aristotelian logic. He then appeared messages Suyooti and son of the minister to veto Aristotelian logic, which includes an old Nicola and quotations. However, the book of Ibn Taymiyyah: Respond to المنطقيين, remains the most important thing was issued for this area

    [17]) Abu Zeid الدبوسي the: Evaluating the evidence in jurisprudence. Gave him and achieved Sheikh Khalil Mees. Muhammad Ali Beydoun publications, scientific books House, 2001, p 406

    [18]) Compare for الآمدي in Clinch, 4/154-157, and winning from Ermoa crop. Study and investigation Abdel Salam Mahmoud Abu Naji. Islamic orbit House, 2002, 3/272-284. See Joseph Van S: The beginnings of Islamic thought, formats and Dimensions. Deployment of funk. Casablanca 2000, pp. 104-107. But van as an independent study on amber, a apparently مرجئ and not Matzlaa as the book says jurisprudence. The Male van as bigeye in this context.

    [19]) Compare the son of Sheikh: Taking into account the difference in the Maliki school, op cit, pp. 217-219.

    [20]) The letter to the Shafii (560 And Beyond): “Said: فإني أجد أهل العلم قديماً وحديثاً مختلفين في بعض أمورهم فهل يسعُهُم ذلك؟ قال؛ فقلتُ له: The difference of the two sides, one Muharram I do not say that in the other. Said: What is the difference forbidden? : All what God raised the argument in the book or on the tongue Nabih provided for us, does not solve the difference for his knowledge… The Maklfoa the diligence has represented you Balqublh and certification, etc. ..”. And compare the issue of difference; Rockies: Altqaid theory idiosyncratic and their impact on different jurists, op cit, pp. 207-251.

    [21]) Abu Hilal military: First, to achieve Mohammed al-Masri. Damascus, 2/124. And compare a broad analysis of the issue in my book: Nation, community, power, Beirut, 1985, pp. 147-150.

    [22]) There is calendars Makhltfah the among non-specialists in to experience the Shafi'i jurisprudence, most notably in recent years, the writings of Hassan Hanafi and Mohammed Abed al-Jabri, Nasr Hamed Abu Zeid. However, the book our teacher Sheikh Muhammad Abu Zahra Shafei is still better to read Shafi'i jurisprudence system technically.

    [23]) See calendar of evidence of Debussy, op, pp. 407-416. Look: Diligence for Jouini (مستل from the book: Proof in jurisprudence) Ø. Thought House, 1414, pp. 36-45, and the son of the values ​​of nuts: Media sites. Egypt Bulletin, 1/78-89. And see this problem; Ibn al-Shaykh: Subject to dispute, op cit, pp. 221-242.

    [24]) Compare the message of Imam Shafei. Achieve Ahmed Shaker, 1940 Pp. 486-512.

    [25]) “Assets on which our companions throughout the books of the world's point of Imam Abu al-Hasan al-Karkhi mark examples and said analogues and شواهدها to the Imam Najm al-Din Abu Hafs Umar bin Ahmed Nasafi”; And the message on page 80-87 of the book initiated the establishment of the consideration for Debussy. Published Khanji library; It is a catalog of the old edition. The bulletin on it has in 1994. See: Endoscopy idiosyncratic to Jamal Eddine Attia, op cit, p 81.

    [26]) Karkhi assets, source, p 85-86.

    [27]) Compare that Ibn pond and his understanding and rules; Zahran bin Khamis bin Mohammed al-Masoudi: Imam Ibn al-Salimi pool Pahlavi and idiosyncratic role in the Ibadi school through his book mosque. I 1, 2000; pp. 66-130.

    [28]) Whole Book 1/578 498/2, 75.421-422, 543. See book Masoudi: Son pool, op cit, pp. 144-145.

    [29]) Speaking of jurisprudence book about two ways to write assets: Way Shaafa'is and speakers, and jurists general method starting Balahnav the. Compare Muhammad Abu Zahra: Jurisprudence, pp. 10-15, and Abdul Wahab Abu Sulaiman: Thought fundamentalist deployment of Mecca, pp. 60-72, and Jamal Eddine Attia, endoscopy idiosyncratic, op cit, pp. 25-40.

    [30]) Compare Anwar Khaled Zoubi: Virtual son of Andalusian packages, theory of knowledge and research methods, Dar al-Bashir in Amman, 1996, pp. 120-126, 140-152.

    [31]) Says Quraafi in”Differences”: 2/115:: Rules of jurisprudential great amount College… Containing the secrets of al-Shara and his rule; each base of branches in countless law, which did not mention anything in jurisprudence originally”.

    [32]) Authoring began in the early doctrinal differences as well; Compare book differences Qazi Abdul Wahab al-Baghdadi al-Maliki (-422AH / 1030 AD); And another for contemporary younger Muslim Damascus; see: Doctrinal differences of Qazi Abdul Wahab and its relationship with Damascus to differences Mahmoud Salama Ghiryani. Dubai, 2003.

    [33]) Ibn Aqil seems to mention it in his book: Arts, who lost most of it. And transportation quote him here reported'm nuts values ​​in wisdom roads in legitimate politics. Scientific Library. Beirut, 1995, pp. 10-11. The scholars had considered stakeholders in different ways, as already mentioned, and within that rule jurisprudential argument: “The disposal of the flock entrusted Imam interest”; Compare Muhammad Rockies: Altqaid idiosyncratic, op cit, p 61 (Quoting likes and isotopes for the resettlement).

    [34]) Karkhi assets, source, p 85(From under)(References: Vague).

    [35]) Izz al-Din Ibn Abd al-Salam: Major bases marked by the rules of the verdicts in the interests of creatures. Hammad and impartial investigation Osman conscience. Dar Pen Damascus, 2000, 1, p 39: “Sharia all containing over bringing benefits all, دقها and mostly, to ward off evil whole دقها and mostly. Do not find God, but a judgment brought for the benefit of immediate or delayed, or prevent corruptive urgent or futures”.

    [36]) Ibn Taymiyyah stated in respond to المنطقيين, and in articles Group in”Set aside logic”. And compare بعلاء to Din Hussein Rahal: Features and controls diligence when Shaykh al-Islam Ibn Taymiyyah. Dar valuables in Jordan. 2002. Pp. 132-147, 189-193.

    [37]) Shaatibi: Approvals, Manar Press in Egypt, 1914, 1/38, 2/10. And jurisprudence relationship purposes; see Jamal Eddine Attia: Activate the purposes of Sharia. Publication of the International Institute of Islamic Thought. Ø. Dar thought Damascus. 2001. Pp. 206-209.

    [38]) Jamal Eddine Attia: Endoscopy idiosyncratic, op cit, p 74, and Mohammed Sidky bin Ahmed Borno: Encyclopedia of jurisprudence, a special bulletin, 1416, m 1, pp. 44-49.


    * Jurisprudential evolution science symposium in Amman during the fourth century AH “Legal rules model”.

    The Ministry of Awqaf and Religious Affairs _ Oman

    This article contains Comment (1)

    One Response “Fundamentalism and jurisprudential rules and controls look in the classification and installation”

    1. Alskrata Moulay Abdelaziz says:

      Thank you very much and keep me the definition of legality and rule May God our reward

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