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Jurisprudence at Imam Abu Said Alkdma

Jurisprudence at Imam Abu Said Alkdma *

Through his book “Deemed”

D. Mustafa Saleh Pago

Professor at the Faculty of Sharia and Law. Muscat.


Study addresses the definition Imam Alkdma and heritage and characteristics of his works, and his fundamentalist approach, then rules of jurisprudence and its applications when Alkdma, and concentrated on the book What counts model. The rules take major known what her fork partial rules, and its applications on doctrinal issues.

And in accordance with the following elements:

1. Base: Things its purposes. And what the ramifications it:

  • Turning faith in special circumstances.
  • Consensual Holy Babh, every requirement violates the law void assets.
  • The difference between manslaughter and error in provisions.

2. Base: Uncertainty disappear, not the smallest doubt:

  • Rooming origin, and the survival of origin was on McCann.
  • Purity of the impurity Viewer.
  • Judgment in matters Almstbhatt.
  • Building on the safe side.
  • Adoption of the first asset of reservists.
  • Permissible in reserve capacity positions.
  • Balance between certainty and bases reservists.
  • Application Alastsahab principle in the state and innocence.

3. Hardship brings facilitation. And what the ramifications it:

  • Necessary, should not be exaggerated, which linked.
  • Unforgivable unforgivable stay in the Getting Started.
  • Origin and allowance are mutually exclusive, and the allowance takes the place of origin.

4. Base: Do no harm, and damage remains:

  • Error and warranty.
  • Balance between legitimate licenses, if necessary.
  • Not to lose money in Islam.

5. Base: Habit Court:

  • Custom and its impact on provisions.
  • Building provisions on names.
  • Provisions climate change names and conditions.
  • Rule for most of the cases.
  • Abra Ghalib is not common for Nader. The judgment given the often.

6. Different rules:

  • What is not to be but it is the duty of.
  • What is forbidden to take the campus given.
  • Campus do denied his request.
  • Can not be based on corrupt rule.
  • Reasoning and measure similarities in impurities.
  • Similarity does not require equal provisions need.
  • Certificate argument phenomenon.


Imam definition Alkdma:

Students complain of Omani heritage and informed of a dearth of information available about these men, despite the rumors about them of Mahmoud contribution in the scientific process for this generous country.

So do not claim to take the historical aspects of the Imam Alkdma; Because of the scarcity of sources that I wrote about, as usual kept dispersed nuggets do not give a comprehensive picture of these scientists, but they agree that the father Said Alkdma was world famous scientists Oman.

He Abu Saeed Mohammed bin Said bin Mohammed bin Said Naobei Alkdma. Naobei ratio to Alnab tribe of tribes otter bin Malik bin donkeys, and Alkdma relative to bruised, one of the villages of the area Bahla in Oman, though his native viewer specifically the town of villages bruised([1]). Where was his life and his death.

The studies suggest that the birth was the early fourth century AH, about five years and three hundred for Migration([2]). مستشهدة بحادثة تاريخية وهي أنَّ الإمام الكدمي تولّى مهمَّة حراسة السجن للإمام سعيد بن عبد الله بن محمد بن محبوب (Assumed the Imamate year 320 AH). And at the age of about fifteen.

The study was Nizwa egg Islam evacuated elders, including: Mohammed bin Canadian spirit of Ibn Arabi ([3]), Rmishqi bin Rashid ([4]), And Abu Hassan Mohammed bin Hassan Alenzue([5]).

And these elders were also described by sources imams in religion, and pillow for the righteous. It belongs to the fifth class of scholars Oman.

He was one of Oman's leading scientists investigators, to the point that if named ” Abu Said “; Intended is no other.

Contemporary scientists Abba Ibrahim Mohammed bin Said Alazkoa, and Abdullah bin Mohammed bin Abi ... and influential contemporary Imams equitable Saeed bin Abdullah al-Qurashi, and Rashid Bin Al Waleed Canadian Asamda Alenzue.

The Alkdma stated sphincter of imams Imam Said bin Abdullah ([6]) بخيرٍ، وأثنى عليه ثناء حسناً، وحفظ لنا سيرتَه وما جرى في إمامته من أحداث، وذكر حميدَ خصالِه، وأنَّه «كان رحمه الله لرعيَّته هيّنًا رفيقاً، بارًّا بهم شفيقاً، غضيضاً عن عوراتهم، مُقِيلاً لعثراتهم، بعيدَ الغضب عن مُسيئهم، قريبَ الرضى عن محسِنهم، مساوياً في الحقِّ بين شريفهم ودنِيِّهم، وفقيرهم وغنيِّهم، وبعيدِهم وعشيرهِم، مُنـزلاً لهم منازلهم، متفقِّداً لأمورهم وأحوالهم، ومشاوراً لمن هو دونَه…»([7]). To the latest description of Mhamayor which necessitated the people's satisfaction imamate([8]).

Grew up poor emboss life subsists from Palm one eat Tmrha, the vine and one sells fruit to the كسوته necessary.

He married women Mosrat they wish in his knowledge and asceticism in Mahin. And enriched conviction and devoted himself to science, attaining, then instruction and تأليفا.

In these meanings systems the Salmi verses said:

أبو سعيـد نخلـة وكـرمــة يملك كــان شاكرًا للنعمــة

منهــا طعامــه ومن كرمته ثيابه لا مـن غنـى زوجتــه

Due to his scientific position he had assumed the responses to the questions that were given to the Imam Hafs bin Rashid in advisory proceedings, and became a reference ruler in this field.([9]).

The sources did not save us the names of his students, but his son Saeed Bin Mohammed([10]). While contemporary affordable pool, which enabled him to establish a school and sheltered housing to students of science and Kvahm supplies life, Vetoalfdoa him from all countries, even the Islamic Maghreb([11]).

Received his words and written acceptance and satisfaction of imams population and the majority of the nation. A reference in the advisory opinion and judgments when Ibadi, making scientists in Amman call it: “Imam doctrine “.

Heritage Alkdma and his scientific:

The heritage Alkdma immortal is what his plan to his right of writings reflected the scientific stature and his presidency to the people of ijtihad, even counting Imam doctrine, and termed the Imam Salmi to call “Imam” In his book the East lights minds ([12]).

We refer to the most prominent writings that are mirror idea, and a testament to his status and methodology in scientific opinion and authoring.

These works reflect the personality encyclopedic wrote in the areas of faith and doctrine and history, a distinct style characterized by precision and rooting, objectivity and fairness, and commitment to scientific truth and evidence-based.

Sheikh Ahmed describes Siyabi thought Alkdma comprehensive and amplitude, «is lumpy speaker, and fundamentalist, and jurist, historian, and governing board, so his writings indicate useful value»([13]).

This fact is reflected in his books saved: Probity, and what counts, and the whole useful, and increase the book supervision Nasaboura.

Sheikh Ahmed says Khalili that «as a venerable scientist and he was brave bold, and so his views were consistent with his courage, which tells him as saying: “Encourages knowledge like Tora”. It is far from extremism and cheese, has said himself: Not the world of getting people to the pious, but the world of the fatwa people including a position in religion »([14]).

Books Alkdma:

Book integrity:

Contemporary Alkdma strife that erupted in Amman over the sacking of Moses ibn Musa Imam Salt ibn Malik, and Tolath Rashid bin Nadr ([15]), And the resulting coup and robbery of intense debate among scientists, between standing and متول and Mnbari of Moses and Rashid, they came out on the legitimate imam. I went to school Alrstaqah led pond to stress and innocence of Moses and Rashid, and took Alkdma reply school Alrstaqah, and adopt a moderate attitude of being non-patent. He wrote in his famous book “Integrity in the state of innocence and the Imamate”, Out of which the issue of jurisdiction and innocence, Mujbathma and Cheraúthma, and the separation of their provisions and analyzed by careful analysis, and this book is a philosophy of governance and legitimacy in Islam, including making it supported all subsequent writings Ibadi in this field.

Himself has indicated reason for writing a book rectitude, saying: «It as tested vulnerable Muslims to have their scholars in religion, the greater when the ordeal, and they opened the doors of sedition, and launched them tongues were booked, and emerged grudges were of modest means,… Prosecutors lot of science after that was a bit of science,… I Nkena said many of those reasons that are frequently by stating discourse, and long as the book, and inherited us Alahan and thresholds, not reported us to the benefit of no cure »([16]).

The reason the book was placed and the circumstances surrounding it, and the end of it, a rift and amortization discord with the affliction, and that is the interest and healing.

ويصف الشيخ أحمد الخليلي حال الناس إثر خلع الإمام الصلت بن مالك، إذ تأجَّجت فتنةٌ عمياءُ، «فنتج عن ذلك اختلافُ الآراء وكثرة التعصبات والغلوُّ بإعطاء القضية فوقَ ما تستحقُّ، وقد ضاق ضعفاءُ العلم ذرعاً من ذلك، ولم يدروا أيّ مسلك يسلكونَ، وبمن يقتدون حتى انبرى الإمامُ أبو سعيد فجلّى الموضوع أتمّ تجلية، وشرحه أوسعَ شرحٍ، في كتاب خصَّصه لذلك وهو كتاب “Incorruptibility” Which explain the provisions of the state and innocence and separated outlined by him of scientists, Vozah Star confusion for the truth, was worthy to be those after an imam »([17]).

In addition to the importance Streptococcus book; it is a source historically important to that era experienced Amman, and successively the events related to the political aspect, religious and social, a source of rich to study for those sensitive period that left their mark milestone in the scientific heritage of scientists Oman until the twentieth century.

Deemed book:

Noteworthy that this book was an explanation of the Mosque of Ibn Jafar Alozkoa, and this mosque of jurisprudence books approved in the advisory opinion and the judiciary in Amman, followed by Imam Alkdma explanation was the size of the “Deemed” تسعَ مجلَّدات، ولكنها فقدت ولم يَنجُ منها سوى جزأين، طُبعا في أربعة أجزاء، ويشهد لهذا القول مضمونُ الكتاب؛ إذ تناولَ الجزءان الأوَّلان منه قضايا العقيدة كالولاية والبراءة، بإسهاب، نظراً لحضورها القويِّ على الساحة الفكرية في عصر الكدمي، ثم بدء في الجزء الثالث في الطهارات بدءاً بأحكام الحيض، والاستحاضة، والاستنجاء، وأسآر الحيوانات، وحكم طهارتها، وختَمه بالوضوء وأحكامه، وهو ما اتَّصل تناوُلُه في الجزء الرابع مع مسائل الاغتسال من الجنابة، وأحكام الجنب، والحائض، ثمَّ شرَع في موضوع الصلاة في آخر الكتاب وانقطع.

If memorizing the whole book; ammunition doctrinal rich because of guaranteed Takrigat and breakdown of many issues still many of them, much needed today in our contemporary reality of calamities that occur taxpayers in Tharrat affairs and worship. There is no doubt that the same method includes transactions doors, Marriages, and felonies, and penalties.

Book supervision increases:

Still this book manuscript, which increases the book Overseeing matters of controversy Abu Bakr ibn al-Mundhir Alnisabure Shafei. Added to the views of scholars Ibadi in doctrinal matters before([18]).

Salmi says Sheikh: «Book increases supervision of Abu Said, too, because that track book supervision of Abu Bakr Mohammed bin Ibrahim famous son Mundhir Alnisabure deceased in the year 317 AH, collecting the doctrines of the nation, followed by Abu Said in every issue mentioned, Vsahh weakness, near and after»([19]). And benefited from Sheikh Mohammed bin Ibrahim Al-Kindi in long chapters of his book “Seed”. The Sheikh Ahmed bin Saud Al Siyabi that the workbook transfer most of this book([20]). Is nearly a second copy of the origin of the manuscript.

Whole useful provisions of Abu Sa'eed:

For many Academy fatwas in various sections of Islamic jurisprudence collected in a large book “Whole useful provisions of Abu Sa'eed”، The edition of the Ministry of National Heritage and Culture in Oman in four volumes. Perception method in the diligence and style in solving the problems faced by people in their working lives, and in these fatwas image for Alkdma which Ayesh people's concerns and went down to their reality guide and directed, see the people to the provisions of their religion even worship God informed and insight, it also has a picture of society and what was .

History and poetry:

The Abu Sa'eed book Alkdma in history named “Altarichaat”, But no reservation days, and can not be talking about it for just a title.

Sources also saved us of Alkdma hair Nonath which coined the events of his time, a historical picture also important to those facts, and personal vision perspective Imam Abu Said.

There is also a system by an answer to his father happy.([21]).

Properties Alkdma in authored:

Adoption directory:

This is reflected in the building Ajthadath the requirements of evidence law, and lack of reverence for men, despite their appreciation and familiarity with their opinions. It is saying: «When we say the words Muslim, but bear in mind denominations and respond inclinations, and Allaah. And look at this and not taken from our saying only what he agreed right and right » ([22]).

Speaking on the impurity dead animal in which no blood and basing some scholars to taste and custom, said: «I like the Forbidden vermin such as snakes and Alomahi and the like; because you eat meat and nothing more Kasba, and the like; is it, like: Insects that Tstkhbutha souls. The position of similarities but it is in most in Moklha, and proof of this to say the verse: ) And replace them with good things and prohibits them as abominations (([23]). And we have to Sacred wife Shara, and not given to Astqmarh » ([24]).

Intellectual independence and humility:

Characterized Alkdma intellectual independence with humility in his views, including the adoption of a: “And me”, And sometimes says: “I”Or: “With me”Or: “As I”. It is a function of the phrases independence in thought, and humility in the position, and the realization of opinion in understanding the evidence and texts, or the views of former jurists.

Literature with the offender and the likelihood excuse him:

It was Alkdma president Alenzuanah School moderate stance of Musa ibn Musa and Rashid bin Nadr. When isolating Salt ibn Malik, he did not renounce Moses and Rashid, but endured them an excuse, contrary to the position of the hard-pond case we have considered, and committed people the belief of innocence. A narrow something where people were Capacity.

Adoption of Justice of the opinions and views:

«Depends not say our people do not accept it unless it accepts Justice, there is no difference between the words of those who say that everyone. It agreed saying Justice is justice, and him to rely, and has a take, and to Him we base, and if it goes as saying of Justice, it is not permissible to accept unfair it,… We do not say that none of the Muslim converts scientists say religion other than what Justice agreed, and is contrary to justice, only to have him on the face of mistake or slip repent distortion([25]) The meaning of what is said about who was quoted. Or the impact that came about.

It may be the right of our people, scientists say, and agreeing to our companions in the sense of religion and opinion.

Not respond to a creature something [As well as] Of Justice, and may it not be accepted from a creature is contrary to justice, may not be of the debt may provisions provisions fads and analyze land and the prohibition of halal, and the rule of his claims. All of that is not permissible to accept falsehood of it, and restore the right of which violates the provision of justice with the knowledge Bbatal or ignorantly »([26]).

Approach fundamentalist Alkdma:

Also confirms Sheikh Ahmad Al-Khalili that Alkdma was in Him of Jurisprudence spins with a deep directory of careful thought, due to the complex assets, and to the side of the disputed assets Kalkies, and approval, and sent interests, and rooming originally ([27]). Although not passionate terms that drawer scientists assets.

And it depends Koran primarily in Ajthadath, then the Sunnah not Etjaozhma to the opinions of men, even if the views of the majority of scholars, including his opinion on the income of the mosque and the imam is delivering to Friday, has adopted the correct year in that and that he should kneel rak'ahs, and that does not rate a year .

And heading to the Holy devise him judgment and likely when differences of opinion, he said the necessity for the washing of the impurity of women, whether Jnaptha in vigilance or dreamlike; proven name impurity, and denote the Quranic text: ) So let man created () Created from a water flush () Emerges from between the backbone and the ribs (([28]). وفي آية أخرى قال: ) I created man from a sperm gametes Neptlah فجعلناه Hearer, Seer (([29]). وفسَّر الأمشاج بالمختلط، «وهو في معنى اختلاط نطفة الرجل ونطفة المرأة، وهما الأبوان، وقد سمَّاه الله كلَّه خَلْقَهُ، وسمّاه الله كلَّه ماءً دافقاً… When he called the name janaabah this sense they were both side, agreed that sense, which is agreed in the name and meaning of men and women on both ([30]).

As he thought should be congregational prayer on the Senate, and they are is not presumably Kvaúaa as goes the majority of scholars, and quoted saying e: «And my hand I was thinking of ordering that بحطب Faihtab then ordered to pray Faazn and then ordered a man فيؤم people and then go against the men and burn their homes» ([31]). He said that this threat is evidence should be the group of individuals, and that the establishment of the Prophet with his companions was not raising the necessity of them, despite the lack of them retarded at the time of the Messenger of Allah e.

As me evidence of measurement and adopted in tipping some interpretations, such as saying that ghusl one woman who met them more than one event; analogy is obligatory to wash one of the colorful Jnapth, and the consensus that ablution lifts all the events that preceded it, no matter how many and varied ([32]).

Elsewhere provides Alkdma to distinguish between obligations different, it is obligatory for him ablution not يجزيه him washing janaabah «even think ablution in Washing is not acceptable, and he has to perform ablution to monopolize; because obligatory not included in the duty, to what some have said, so to say : Wash menstruation does not fall in the uterus, and gasoline, janaabah laundering and laundering of menstruation ([33]).

The Sheikh Khalili that Alkdma see different inference asset which, in contrast to the pond, which says: «The measurement can only be agreed on the origin».

It also has the jurisprudence has hidden measurement in many issues.([34]).

Much as it was meant inferences when weight inferred accepted rules fundamentalism. Such as providing verses significance peremptory significance presumptive, and offers private public, and the entry of women in the general letters of the Koran contained format male discourse believers and so on except what the evidence of competence to men, may also specializes women's speech does not enter the men. It employ this rule unnecessary uterus for men and women, the receipt of verse exporter word “Those who believe” To tell the truth, the Almighty: ) O ye who believe if you have to pray فاغسلوا your faces and your hands to the facilities and wipe برؤوسكم and your feet to the ankles if you side Vatehroa (([35]). «أنَّ الخطاب عامٌّ يشمَل الرجال كما يشمل النساء؛ ولأنَّ خطاب الشارع الذي يُلزِم الرجالَ بأمرٍ من أمور الشريعة يلزمهنَّ أيضا، ما لم يَردْ دليلٌ على خصوصيته للرجال دون النساء» ([36]). The striking examples of the Koran ([37]).

And see that it is something forbidden him, at the door of relieving himself said: «If relieving himself was ordered, but that it is required to complete purity, so not relieving himself disallowed; because it's something forbidden him»([38]).

At the door discretionary find evidence Alkdma means attention and clear Sent interests, and base great care Alastsahab, and manifested itself in many of his opinions jurisprudence, which is in fact the base rather than doctrinal fundamentalist base. And we'll show some of their models applied soon.

Takrigat Alkdma:

This fundamentalist approach, The jurisprudential Takrigath says about Sheikh Ahmed Al Siyabi: «Was considered Takrigath episodes of evolution of Islamic legislation Ibadi, and those Altakrijat is a matter of graduation branches on the branches, it is having little opinions former; show him that another opinion, and that the meaning of graduation at Abu Said ... This introduces the issue of passport cause said third ([39]). A fundamentalist controversial issue.

He has a long debate between the fundamentalists on this issue, on the basis that former and there are two differences'd bring the words of the third, a view turning; because the authoritative consensus list in case of agreement, but the difference is not carrying a sign binding prevent subsequent events say last, but .

It is therefore likely that it is permissible; because the first row is not a consensus to prevent the creation of a third say, and does not carry the concept of consensus and authoritative([40]).

Jurisprudence when Alkdma:

After explaining the approach Alkdma fundamentalist jurisprudential Takrigath, نعرج rules of jurisprudence and their applications, an area president for this search. It is fitting that we are treading a brief statement of the concept and the importance of these rules, and an overview of its development; even reflected the role Imam Alkdma in this field, and complete image of this contribution in mind.

Jurisprudence, concept, and its importance, and its evolution:

Al Qaeda in the terminology: «Universal applicable to all fractions([41]). Or: «College of issue where it involves force the provisions of molecules theme»([42]).

And jurisprudence are issues attributed to the College jurisprudence; addressed doctrinal provisions, however, that these rules doctrinal agreement were not in place in the defined despite the clarity of meaning, and suffice Ptarevi:

First, it: «Rule applicable Ogelba most Dziyate»([43]).

Al Sheikh Mustafa defined blue as: «Assets jurisprudential College in brief constitutional texts, containing general legislative provisions in the incidents that fall under the theme» ([44]).

Femizatha summarize عبارتها and abundance of significance, as it includes many provisions may Ttozaaha many doors doctrinal. Has been formulated in two or three words, such as base: “Damage remains”, And base: “Things its purposes”.

It is noticeable that these rules are not absolute, but are exceptions; therefore considered majority rules, as amended by the time and interest demands justice this character, and peer mutatis plaudits which violates assets Oalkies.

And the importance of the rules reflected in the fact that the perception of jurisprudential principles and reveal her paths, and adjust the many branches of Jurisprudence and controls make it valid for conservation, and affordable for the application, which is then directed to the work of al-Faqih and the judge in the treatment of multiple calamities in the lives of people.

Sheikh Mustafa blue: «Were it not for these rules remained jurisprudence branches scattered, may conflict manifestations without assets stuck out of ideas, and highlights the ills University, and legislative appoint trends, and pave including ways assay and homogenizing ([45]).

But you can not rely on these abstract rules without taking into account what is of exceptions, it is the provisions of the majority as noted above; Therefore it was decided that: «Fatwa may not, as required by the rules and regulations; because they are not college but the majority» ([46]).

According to the magazine explained provisions Adliya: «The Shara rulers unless an explicit stand on the transfer; do not rule based only on the base of one of these rules ([47]).

With the exception of some rules by which the texts of revelation and assets legislation; it is not right to build on these rules without regard to what addresses the issue or matter of texts or other evidence. Therefore these rules were not jurists constitutions provisions to eliminate ([48]).

Did not put these rules one sentence, but grew writings in them through the process of Islamic jurisprudence, especially in eras prosperity, and got up at the hands of senior jurists doctrines of the people of graduation and weighting, Astenbata connotations of legislative texts public, and the principles of jurisprudence, and the ills of the provisions and decisions of mental ([49]).

It is not known precisely each specific base date is set, but what was the text of Hadith, such as saying e: «Do no harm»([50]). Most of the rules are being desirability of her words by scholars, after passing through the stages of trading and refinement and modification, and then adopt a rule and codified, and has embarked on collecting these rules in the works of independent at a later stage, after it had been scattered in the codes of the various schools of jurisprudence. The Hanafi won prized record and edit, and exchange of scholars to take advantage of them then ([51]). The oldest arrived from those codes Abu Hassan Hanafi Karkhi, (Died in 340 AH). The books evolved rules, especially in the seventh century, it was a book: “Provisions in the interests of the rules creatures” Ezz Bin Abdulsalam (Died in 660 AH) And: “Differences” Shahabuddin Quraafi (Died in 684 AH).

Then authoring movement peaked in the eighth and ninth centuries AD. We saw the books: “Nazaa'im” Tajuddin Subki (Died in 771 AH), And Jalaluddin Suyuti (Died in 911 AH)([52]).

The shares Islamic scholars from different schools of law, to the enrichment of jurisprudence codification, and liberation, and an explanation and revision. However, the share Ibadi it was something easy, and the contribution was submerged, compared Bamoosoat numerous jurisprudential دونوها, since we did not find – As we saw – The author of an independent in the rules they have.

The first topic pond care through inherently doctrinal issues in his wonderful book: “Whole”, And did not realize Hoh Subsequent in the Orient, as we found the same attention to the sign Nafusa Mountains Sheikh Amer Shammakhi in his book: “Clarification”, Amounted to employ these rules a high degree of Sheikh Abdul Aziz Thamini in his book: “Nile”, And continued to march pole imams M'Hamed Tfayyesh in his encyclopedia: “Explain Nile”, As reported by Imam Salmi jurisprudence five major: “Explain sorties sun”, Said as the basis of jurisprudence of the Ibadi school; said:

أمَّـا اليقينُ فــهْوَ لا يُزيـلُهُ إلاَّ يـقينٌ مثــلُه حصولُــهُ

وإنمـا الأمـور بالمقاصـــدِ والضرُّ مـرفـوعٌ بلا معـانِـدِ

ويُجلَب التيسيـرُ بالمشـــقَّةِ إذ ليس في الدين عـذاب الأمّـةِ

وإنَّ للعادة حكمــاً فعلَـى ما قد ذكرتُ أسَّس الفقهَ الأُلى([53])

The divisions of these rules; have varied curriculum authors, famously divided into five major rules mentioned, and subdivided by numerous partial rules. Also divided Shatby into two presidents, the first rules of jurisprudence, and the rules for the purposes of the second.

These rules fall under basic sections are:

1- قواعدُ تتعلَّق بالمصلحة والمفسدة بدرجاتها الثلاث: Necessary, Alhajih, and desirable.

2- وقواعدُ تتعلَّق برفع الحرج.

3- وقواعدُ تتعلَّق بمآلات الأفعال، ومقاصدِ المكلَّفين.

4- وقواعدُ تتعلَّق بمنع الضرَر وإزالتِه عند وقوعه.

We will try to summon Applied examples contained in the book what counts as the first category to the extent possible, a major revenue base, then subsumed beneath or nearly. This classification personal endeavor is subject to enrich and corrigendum.

Forum rules when Alkdma:

While proven and Rhode some rules on the lips of the Messenger of Allah e what to whom God of conciseness of speech, such as saying: «Do no harm»([54]). And saying: «Burden of proof on the plaintiff and the right on the evil»([55])؛ فإنَّ من المقرَّر تاريخيّاً تأخُّرَ تدوينِ القواعد الفقهية باعتبارِها صياغةً فنيَّةً دقيقةً لأحكامٍ أو مبادئَ فقهيةٍ جامعةٍ؛ ولذلك وجدنا الكدميَّ يتناولُ مفهومَ هذه القواعدِ في تطبيقاته الفقهيَّة من كتابه المعتبر بصفةٍ أساسيةٍ؛ لأنَّه المجالُ الفقهيُّ الوحيدُ الذي يُعتبر تأليفاً مستقلاًّ له، أمَّا زياداته على كتاب الأشراف فهو عملٌ متمِّمٌ، وإن كان ذلك لا يقلِّل من أهميته العلمية.

The texts of some of these rules offer during Alkdma analysis of the doctrinal issues addressed in the: “Deemed”; Therefore extrapolation of his books was a step necessary to monitor these rules in the mysteries of the literature.

It is obvious to the reader a sense of normative jurisprudence when Alkdma in his book: “Deemed”; What the contents of his analysis of melancholy Taeselah to the provisions, either by reference to the textual evidence, or to jurisprudential bases supplied by stipulating sometimes, and often sense.

I was able to hurry to monitor some of these rules applied in part, introduce outlined in the following paragraphs:

The first rule: Things its purposes ([56]).

These top five major bases, and is already a lot of sub-rules relating to particular purposes, but is the mother of the rules of the purposes in Islamic law, and based on the Hadith: «Actions are but by intentions»([57]). A modern Jalil much, a great impact on all acts charged([58]); Because intention distinguish worship from habit, and to distinguish between degrees of worship of imposition, and years, and needless to vary the provisions of the acts on the basis of the purposes and intentions, but agreed in appearances and manifestations.

Was demonstrated hiring Alkdma to this rule in many issues, limit ourselves to models of these issues:

Determining the intention of the washing janaabah:

And determining the intention of washing is Dharoa of its parts and the health of prayer owner, it hit him janaabah night he did not know it until it became, so he ghusl of free wanted to him to and cooling, or other other reasons, he did not intend that the washing of impurity, did not know it until bathed, . This does not count the first wash, and re-washing intention of janaabah, and repeat the prayer; because it does not fit that only faith ([59]). The word I said cuddly parts washing first. Then a Alkdma difference between science this Paljnabh man before washing but forgotten, this is excused avail himself of his, فيجزيه wash first, but if he did not know until bathed; is not acceptable, and it washed again([60]).

At the door Zakat, «If a man were to ratify five dirhams to the poor, then consider if his two hundred dirhams had prevented Hula, that was not acceptable for charity»([61]); The lack of intent to perform this duty, although to get the effect appearance of the output value of Zakat imposed.

Turning faith in special circumstances:

If it can not achieve faith intended by charge; turned into what can be in the eyes of Islam, such as the intention of fasting, like someone became fasting days of Ramadan believes it goes, a scientist that of the month of Ramadan; the opinion Alkdma that his intention is impossible naafil to duty, nor . Not turning intention casual as long as the duty of fasting has come. And some believe it allowance for differences in faith, it does not automatically turn, but human belief([62]).

Sacred compromise does not allow:

This falls under the rules of the purposes assigned. And that in order to designate agree to the intent of the street, but his work was in vain for the invalidity of his purpose, whether it's really a solo, or an agreement or a condition between the two in a contract or transaction.

Therefore the text Alkdma: “Requirement violates the law void assets”. The meaning of the Hadith: «Each condition is not in the book of God is false ([63]).

This rules proposed by Sheikh Mustafa blue added to the sum stipulated in judicial judgments magazine.

In this sense, decides Imam Alkdma that it is not permissible to use بالنجاسات general of the object, and is not permitted to sell under any circumstances, «if it Trazia that [Buyer and seller] The note of it; since the introduction of the damage from the buyer himself, and everything from the damage he tricked, and all tricked is false, and may not be sold, a fitting »([64]).

The difference between manslaughter and error in provisions:

«Me that if left in the position and the light in ablution little or a lot on manslaughter for leaving, though not leave prey whole, even if it may leave less than the amount of fingernail; it will be like that of those who left hurtful of Jawarh wudoo, in the sense of what is different. The outgoing hurtful thing I have of Jawarh wudoo the hurtful Kaltark, if left to oblivion hurtful of Jawarh wudoo less than the amount of the nail mistake until he prayed, Vmaa it was said: Do not restart it in the past of prayer, and told him to pray for the repatriation left a little or a lot… But if mentioned before the prayer Vmaa it comes out in the agreement means that the wash left whatever it is that he left behind… And if he prayed before the wash as it was had left, he re-Prayer »([65]).

«If this does not invalidate ablution Bmmash impurity from the face did not spoil from two angles, and so on, and certified this in one place of the body also proven in more than one place, and if not proven total did not prove part, if not proven in hurtful and light has not been proven in other, and if ([66]).

In corruption fasting alibi and lying deliberately, and eating and drinking and sexual intercourse by mistake, as well as spoil the prayer if he worked pursuant deliberately out about them, as well as Hajj and Umrah and ablution, «the corruption embedded in the thing of it without anything, if duty and was all rotten corruption in part, ole . All that was signed by corruption is corrupt, not embedded in it, which is one thing »([67]).

The second rule: Uncertainty disappear, not the smallest doubt ([68]).

This major jurisprudential rules, application has been demonstrated with sub-bases with Alkdma in very many questions from the book what counts. And adopted in Tharrat door and displays one of the doubts and delusions. It is these issues:

«From finds some wetness on mentioned or prevalent Clean it might spoil his garment, and if he meant it looked found nothing has come out, and maybe look did not see anything, Fnah it did not know drove him something this time or did not come out of it, there is nothing wrong even knew he was out . That's because we build these things on certainty, if look and did not see anything, or nothing has come out of it there is significant uncertainty in([69]).

And display the same issue in another place and after that «does not have sight or touch even يستيقن that something has come out of it, because the basic principle is that the purity until proven list has given that he has passed everything»([70]).

At the door Tharrat always Male Offers impurity on purity, they remain so until changed by reason to exit Purity, even if weak or potential, «If endured a first Valtharh in the meaning of the verdict, following a ruling that the original purity if it is not by the way in ([71]).

In matters of impurity, if a man side and then he prayed one prayer or a few prayers and then is not certain of washing janaabah, governance he bather even know for sure that he did not take a bath. If you could go back and condemns prayers must uterus, not normally known for his left. And come out on the meaning of reassurance, Valodu is unusual omissions rights in most cases, not uterus as well as when Alkdma. Flmh Paljnabh sure, a conviction even knows he has bathed; because the uncertainty does not go away with skepticism ([72]).

The difference in eating chicken meat, which subsists on dirt and impurities, and spent that judgment based on the name, if we considered Majesty was unclean and forbidden to eat meat, but were not Majesty remained on the original of the solution eat her flesh like other birds may eat the flesh. «Albeit the Alasturabh hand are Valasturabh do not require conversion provisions ([73]).

At the door of rights; if he knew that he had then he has nothing of the rights of other people and the like, and then he did not know then is performed by or they do not, it comes under the same must be proven performance of this provision in his right, had not left him with certainty and confidence. As well as the hajj and zakat of the rights of God([74]).

Though there is accurate detail and differentiate between the types of duties and rights, repeated in the day or year, etc. Aitakerr, and excused the delay and no excuse, and the impact on doubt and uncertainty in the performance. Overall, officer: «That everything from things and the order of things in the religion of Allah, the Almighty, and every rule in the old what Allah has permitted and the sanctity of the campus, and all the rights set forth in the law of God Almighty, and all of the provisions of the law, all this whole proceeding assets described him . If proven these provisions it is fixed even removes out like, every rule would remain constant at the proven assets not only eliminated by virtue of a fixed like him remove it. If still a provision of the these ephemeral Vosolh rights until proven out like ([75]).

Base Alastsahab:

This rule is present in the book: “Deemed” Prominently hardly devoid of Investigation Study of the book, which is mostly in the door Tharrat.

This rule document hadeeth of the Prophet e one who breaks wind doubt that it does not stop until you hear a sound or notice a smell([76]).

It models:

Saying in Tharrat: «Me it comes out that if the impurity بنجاسة learned on his clothes or his body was on this out is to say, although he did not know Valnjaash itself, in the judgment, even knew that her ex or tranquility. This does not damage the boy under any circumstances; because the boy is worshiper purity of impurity, not purity. What proved the impurity is unclean until the government knows that her »([77]).

Said: «All true that unclean corrupt; is corrupt unclean in power until valid purity by virtue of or including no doubt by virtue of reassurance, if defeated rule to check on the meaning of rule of purity. Everything is true purity and proved it; is in immaculate rule until valid impure including no doubt the judgment or reassurance »([78]).

And said, stressing that sense: «Originally sentenced to impurity itself, in terms of what they were, when Miss misplaced something of Purity did not know what purity is unclean even knows the purity of governance. These two two Aloslan which they work »([79]).

In the dispute over the purity of the chicken that sponsor dirt and impurities, cited the words of some: It Mstrabh; grazing dirt, but I do not turn this rule in Roth Sarh not even be Jalala not be confused with other impurity Tharrat. Everything on the origin of Purity even valid impure, and impurity even valid purity, and what was its origin unclean is unclean forever »([80]). The striking example Basba and pork, if solitary unclean Otama clean only «this is not turning to his prohibition on the analysis, not to the purity of impure» ([81]).

The chicken comma Taher unanimous, and permissible to eat meat, «do not like to adjust his from other birds Tahir only witness and evidence, though his right corruption Khozgah of road Alasturabh on is something like the meaning of asset equivalents with us, and lookalike of the meanings of assets recognized in the inter bird ([82]).

Originally the survival of what was on the McCann:

«Everything will be on a fixed origin is the rule, whether it is on any of the faces of pure or even true corruption or becomes not permissible under any circumstances of the case» ([83]).

«فالحائض judgment in all things the same rule menstruating throughout the period of survival of menstruation, so wash washing, which allows her to pray, and to be pure including entitles intercourse with her husband» ([84]).

«It has been proved that the idolaters and others who responded text banning them, and they are menstruating until your case this description, and cleaned off. As well as bleeding following childbirth until she becomes pure of mortality, and pleura even removes impurity panning, and uncircumcised adult men even go away with him that status, all those not enter someone mosque mosques only after purity, and also does not enter Chapel taken for prayer; because in the rule of the mosque » ([85]).

Purity of the impurity Viewer:

«Vmay, it comes out in the general meaning of the words of our companions to say one safe confidence argument in saying in the purity of impurity may defiled and purity, and impurity purity can impure.

And with me, it comes out to be an argument in the purity of uncleanness not be an argument in uncleanness Purity; first because purity from impurity; because Islam is better than infidelity; out because things pure even valid impure; Because impurity the incident Tharrat and purity original([86]).

Then between that one authoritative news in Tahir impurity or purity unclean regard to the provisions of reassurance to the provisions of the judiciary that can not differ ([87]).

Judgment in matters Almstbhatt:

Male sanctity of wild animals from animals and Alnoacr fowl, and that his illness often eaten impurities, as «almost over the case to be eaten impurities. When she must distrust of this face and, if the meaning of not eat impurity confused with other she has sentenced Majesty and the prohibition of the flesh, and the abomination of all of sense of Rtobadtha and all touched or touched Rtobat. Each Mstrab rulings confusion. Each Mhkol Join even knows what helmed for the event shapes to purity unquestionable, or uncleanness unquestionable, abides his ruling on what is true in it, Vlzim these beasts and the bird of cultivars ... rule shapes and stand and hate to eat their meat, ... not be judged . If there is no particular Tahir and found the problem in this case and taboos particular Alnjdzisat; This was first suspended from the taboos and best be used in the first sense, without taboos and impurities([88]).

Building on the safe side:

Asked about a woman whose husband divorced her Vhadt menses third, and it was her period of ten days, and saw purity Five days later, her husband to take her back? : No, I do not like to get married until after ten days when she had her period.

As well as that had been cleared of Hadtha third and did not find water Vtimmt after the time for prayer, not of her husband, which I have reviewed their own. The delayed washing or tayammum for the review her husband, I do not think that audited.([89]).

Adoption of the first asset of reservists:

«It won judgment has caught the rule of assets, and take by virtue of assets and unbend almost estimated the performance of many of his affairs that God Almighty. Because religion is pleased to give him the right to recognize the rule of assets, expansion and assist in the performance of the assumed upon([90]).

Permissible in reserve capacity positions:

«Use used meanings of reservists in positions please the leeway in the selection positions; no that Bdhar, to use precaution when choosing, did not hide his breed disadvantages of the most harmful leave statutes or delayed all the time, and left to attend groups. And when having governance and generate fear damage »([91]).

Balance between certainty and bases reservists:

In matters of doubt in the impurity and says events: «I like the meaning of this rule unless located there something like certainty thus becomes plagued so to the meaning of the rule of certainty defender.

As well as I have come in like this if found almost taste the blood in it or knew him in the nose, and more like this is also the wind out of the anus, or in the sense except you was يستاك or other, did not يستيقن.

As well as I that this is similar to what comes out of the anus or by men or women, all of that with me either. He got out the meaning of the two opinions, and the introduction of a stronger sense of judgment in opposition to the devil, and precautionary did not hide the entry of doubt and obsessive…

But maybe he was leaving judgment and request exaggerated out of such a breed him in the same doubt and obsessive that comes out accompanied by the meanings of irony governance and reservists from leaving the statutes at the time, and left to attend groups, as well as hardship and embarrassment if the track it all at once, . I have that in this case and even cut doubt about himself it follows rule which builds on the basis of certainty and the exclusion of opposition Satan; because if obeyed these whispers of lost him attend groups with her family, and his death, however, the thrill realized others who committed governance and taking provisions and unbend it…

I have come out of all this on the meaning of the provision in all that purity; because the basic provisions that things on the purity, unless it is proved in view of other. And therefore the meaning of the rule of purity and light or other even true with him from which there is no doubt. And he does not have, if they feel that opposition Satan so did يستيقن about something that busies himself in the eyes and touched, and I would love to spend on what it is until يستيقن »([92]).

Application Alastsahab principle in the state and innocence:

Not only did Alkdma Applying these rules to the doctrinal field, but the expansion to the subject of religion and state and patent issues. And it makes sense, these rules are considered starters years in reasoning, and including Alastsahab Base: Any survival of what was on what was even given why change it, because it is the list on the basis of common mentality among the people, they have based in Haggaghm and مناظراتهم, and they build on their judgments and conclusions.

«If it is proven him or it mandate a Balrfaah from all of have mentioned, you will not turn from it, and may not leave what he has to, it even true with him against what lifted him from the jurisdiction of this guardian of the rule of truth one who shouted the provisions of the truth, or . Unless true with the truth of what proves to him and from the state and LES. All this from acquitted of Les this which may come true with his right to judge, it is permissible to him innocence, who was acquitted of Les this after knowing Alambtri of Leh it is being handled, he did not know that he took without right, and endured his general object of the right »([93]).

The third rule: Hardship brings facilitation ([94]).

تحدَّث عن وجوب التبوُّل بعد نزول المنيّ من جماع أو احتلام، لإراقة ما في مجرى البول من بقية المني، وإذا ترك البولَ لعذر، ثمَّ خرج منه المني بعد ذلك؛ فيرى عدمَ وجوبِ الغسل عليه؛ «لأنه لم يفرّط في استبراء المنيّ كما يستبرئُ صاحبُ البول في بوله؛ ولأنَّه قد كان له العُذر في أنَّه لم يجد البولَ عند الغسل، والمعذورُ مقبولٌ عذرُه ولا يلزَمه حكم التفريط على أيّ وجهٍ من الوجوه، ولا في أيِّ معنى من المعاني؛ لأنَّ غسله من الجنابة تمَّ على قدر احتياطه دون تفريطٍ منه»([95]).

Necessary, should not be exaggerated, which linked:

«Me that I'm originally Tahir Whatever the case, what is left has a name in consumer impurity; first because it is a taboo in origin, and salutes, forced himself without taboos originally I. Unless predominantly Muharram analyst Visthlkh. فيصير حكمه حكمه، وينتقل إليه معناه واسمه، فهنالك يكون عندي مثله، فإذا صارَ مثله فبأيِّهما شاء أحيى نفسه إن كان مما يحيي ويعصم، وهو من النجاسات، وأمَّا إذا كان مما لا يحيي ولا يعصم وهو من النجاسات التي أجمعوا عليها ولا يوجد عندهم اختلاف في نجاستها؛ فلا يجوزُ في حال اضطرارٍ ولا غيره؛ لأنَّه إنما جاز الانتفاعُ بالمحرَّم لإحياء النفس به، فإذا كان هذا النجس لا يعصم ولا يحيي فهو على حاله من التحريم، ولا يجزيه أيَّة رخصة»([96]).

In terms of pleurisy and menstruating women and they ممنوعان from entering mosques, said license entering without an excuse, and that is water washing in the mosque, or يمرا mosque for water; «because that is something necessary when necessary, but that may not only tayammum Upper Egypt to reach its goal ([97]).

As well as the man hit by impurity is in the mosque, he must get out if knowing it, only to have his excuse of fear for himself, or an expectation of damage to his property, or religion, or damage from cold or free or rain, or any facet of necessity([98]).

Aspects of necessity as well as tayammum when new causes, a lack of water or the inability to use, «and if were not having to use of fear or harm, but the excuse that allows its use, كصلاة Eid and funeral prayers, if there is the fear Fouathma, or fear harm to ([99]).

Unforgivable unforgivable stay in the Getting Started ([100]).

Cited the issue of a person who has wudoo impurity, but does he have washed before ablution or ablution, or washed and light it?, Said Ibadi agreement that ablution is invalidated, both came out of the person who has wudoo or to امسته other.

Then he talked about the amount, and some believe not revoked if not blood poured forth, and was less than fingernail, that does not invalidate wudoo when some Ibadi, and illness «that opposition impurity ablutions Advanced realize the meaning of the license more than provide impurity before ablution New. That is understandable; because the meanings of veto in the General things closer than building assets to corrupt, and building originally corrupt inflicted meanings consensus Pfsadeh more than oppositions corrupt him is proven and work on the future of its affairs ... and not the past Kalmstqubl in many of the provisions of Islam, which takes place ([101]).

Origin and allowance are mutually exclusive; because wildcard takes the place of origin:

أورد آية الوضوء التي شرعت التيمُّم كذلك، وجعلته للمريض والمسافر، وذكر أنَّ «المريض بمنـزلة المسافر الذي لم يجد الماءَ، فالمريضُ الواجدُ للماء ولكنَّه غير قادر على استعماله بسببِ مرضه فإنَّه يكون بذلك بمنـزلة المسافر في ثبوت التيمم، وعليه في ذلك ما هو في معنى العذر، فإذا استحال عن حُكم الغسل، ففي معنى الاتِّفاق أنَّه يجب عليه التيمُّم، فإذا ثبت عليه معنى الغسل على قول من يقول بذلك، وقدر على شيء منه كان الغسل قائماً بحكمه في معنى الاتفاق، فإذا ثبت في البدن شيءٌ لا يمكن غسلُه كان في معنى الاعتبار والنظر أنَّ ذلك عندي يخرجُ في معاني أحكامه على معنين:

One if it is proved by washing in any way still him rule tayammum, it does not meet the in denominator commissioning not legitimate judgments, but it is a مخاطب one… »([102]).

Then he stated that excuse if it is proved in most of his body, at least to his right, flies his washing to tayammum not meet him wash and tayammum together.([103]).

He spent passport if intercourse with a menstruating woman becomes pure and تيممت because there is no water; because tayammum takes the place of washing when there is no water ([104]).

RULE: Do no harm, and damage remains ([105]).

Male difference in eating abomination taboo or is owned when necessary to Tngeh self destruction, and most likely I; because it does not guarantee it, and sin is raised from the owner, other than consuming people's wealth is subject to warranty. ثمَّ زاد توضيحَ القول الثاني الذي قضى أن ليس لهذا المضطرِّ أن يأكلَ الرجس المحرَّم عندما يجد الطاهر الحلال؛ لأنَّه لو وجد أربابَ الأموال فباعوا له من أموالهم ما يحيي به نفسَه ويتعوَّض به من الضرورة بعدل السعر، أو بأكثر من عدل السعر؛ لم يكن له أن يأكلَ من المحرَّمات الرجس، وكان عليه أن يشتريَ بقدْر ما يحيي به نفسَه، ولا يثبُت عليه في حال الضرورة إلا عَدْلُ السعر، ولو اشتطَّ عليه البائع فباعه بأكثر من عدْل السعر؛ كان ذلك مردودا إلى عدْل السعر؛ لأنَّ الاحتكارَ حرامٌ، والمحتكرَ ملعونٌ، والاحتكار داخلٌ في الضرر، والقاعدة: That do no harm([106]).

Balance between legitimate licenses, if necessary:

«Me that he had been told: That if found compelled something taboo than Iasm and greets, and a bit of money people Haram, which does not solve his general faces from sale or gift, nor evidence that it revives itself of Muharram permissible from the dead, and blood, and pork, and similar, nor . Bahma Mahjuran only when necessary, this is a permissible when necessary, is not about the rule, and this relates to the governance and security.

And with me it has been said: Willing revived himself from this, not a liability. Willing revived itself from all this, and Dan has the necessary security. And it is better for him to choose what it regards the rule, so that no governance and security together »([107]).

The Alkdma balance here between the two options, explaining that it is better to avoid a money back guarantee; because it is less expensive to humans. However, in place of the former capital to weighted human Tngeh itself from destruction the money of others before resorting to eating dead and impurities. Then he said, is that here. The issue needs to achieve the last to know his opinion in the case.

Error and warranty:

Error raises sin and punishment are not security and police:

Stated that intercourse requires washing, whether intentionally or error, and requires replacement divorced three times, but it does not mean reduction in adultery if it was a mistake; «not wrong because it does not mean the meaning of the sentence, although it requires proof meanings of sentences in the meaning of the sentence»([108]).

He talked about the security in the folds of a statement provisions of the fatwa, and that the world should get paid, though not sinned sin, but that he was ignorant Fajtah is raised, which is the guarantor of what the damage caused by his, in physical and wealth.

The governor and the world in this Sian no fatalism them no guarantee. But if permitted haraam complex, or campus complex solver; is a guarantor. ([109]).

Not to lose money in Islam:

If the ruling violates the right compound is a guarantor, and doomed to refer to the ruling or judgment to require his right and his money.

But if it was a mistake the ruling raised, that the rule of his knowledge, did not abandon, and damaged so money; it does not guaranteed, but is not wasted money in the rulings of Islam, and be wrong that the ruling in Beit Mal Allah, and the Imam that his sincerity in it and entrusted him on that ([110]).

And this consideration سديد in care of the rights of the people and keep their money be wasted, even if it were legitimate Bmsog; the money is safeguarded only Abaha owner satisfaction as the text of the Koran: ) O ye who believe, do not eat up your property among yourselves unjustly except it be a trade amongst you do not kill yourselves God is Most Merciful to you (([111]).

Fifth base: Habit Court ([112]).

«Has come out in the sense of reassurance and dating and what are habits like hard meaning of the provision in the assets, and thus becomes a dating habits and in the sense of proof provisions fixed([113]). And such a man and two women proved their cohabitation and inmate, and between them was like marriages and the link between the couple, both am persuaded that he does not reside in such relationship only with legitimate husband. فعارض pair doubt the provision of this marriage, he did not know how he marriages, nor in any way this is done, nor Wife, and perhaps he has opposed the verge of that that woman sister of breastfeeding or mother through breastfeeding, or other animate kin, because the womb, . This uncertainty does not pay any attention to it being acquaintance usual in the sense of the origin of being his wife nor Aestrep. «Was sentenced mostly dating and confidence are things the general public; because this is the most likely and may force, without evidence of sentencing in such a. As well as what similar and got Bmenzlth of all provisions and rights of the money in his hand if the text [As well as] Himself to be aware of where he gained hit after that was not in his hand ...([114]).

ثمَّ ضرب أمثلةً عديدةً، وشرَحها، وختم ذلك بأنَّ «كلّ ذلك معناه واحدٌ؛ وهو أنَّه بمنـزلة الزوجة والجارية التي يطؤُها، والعبيد الذين ملكهم، فيستخدمهم، فكلُّ ذلك سواءٌ على معنى ما وصفتُ لك، فانظر في معاني هذه الأحكام كيف تثبت في معنى القضاء والاطمئنان بتحليل الحلال، أو في معنى حكم الاسترابة والإشكال في معنى الحرام كيف حلَّ الحرام في مواضع، وحرم الحلال في مواضع، على غير معنى ارتكاب الحرام، ولا في معنى تحريم الحلال. And that it is permissible in the meaning of the provisions of Islam, if he has all of the means, not all things mounted on this, some given meaning its provisions on other meanings, and ignorance aware of assets and forget about the lesser and greater ignorance of its provisions if he had remembered or a scientist origins; because ignorance rule most ([115]).

This is an important base in the field of jurisprudence, since it takes charge of governance and knowledge work, and that this judgment of God and His laws, and the knowledge assets provisions and the evidence is not able to charge. Which is entrusted to scientists and specialists; therefore proceeded to question the Scholar to find out without binding ruling by the foundation and Dalila.

Custom and its impact on provisions:

Talked about selling virginity and disagreement, it is authorized to look at the utility to fertilize the land, and stipulated that mixing with soil land and so on, and forbidden to look at impure. Then sentenced custom that people Eetmlkunha and benefit them, «This is still upon the people to take it from sinks and Alknf, and benefit from them, rather than leaving it on the meaning of permissibility Non taken and its owner, the meanings of dating them, even out of it directed permissibility and Turk»([116]).

The Miz in the matter between the thing that offered him impure, is located where the dispute mentioned in the faeces, and between Almtnges thing already dead pig and that may not be owned or utilized only a matter of necessity Tngeh, this may not be sold agreement([117]).

Building provisions on names:

On the subject of Tharrat said the difference in pure and that Khaltha unclean, «فكله being the meaning of difference from all aware purity trick, or do not realize the purity unless proven transfer for the name and judgment about the meaning of purity, to be seized by the provisions of impurity flies his name and his»([118]).

In unnecessary washing of intercourse, said: «Me that proved Washing meaning intercourse if the penis disappears in all animate beings, halal was or haram, not with the sons of Adam, nor with animals; because what requires reducing the first that requires washing, as well as ghusl initiate penetration glans in any kind of human beings, Female ([119]).

«The marital not take place only to mention a female, unless true that the husband said and wife Female; not convened rule marital inheritance; because that I transfer funds from their positions to prove inheritance to her family on the rule of suspicion and confusion, may not transfer provisions for their positions have only ([120]).

The invalidity of marriage Hermaphrodite, whether by stating, or Botny, or Bouknty like him; «because the firing of suspended sentences; because each questionable Members, and what was his suspended should not be launched in the young and the rule»([121]).

Elsewhere between the rule of inheritance spouses if one of them is hermaphrodite, building to prevent this marriage, it is the legacy of them, and the dead of them «has no legacy on the case, and the legacy of confusion be his fourth wife inheritance and a quarter husband's legacy»([122]).

Said: «Can be summarized to say that a transsexual can pay attention to in the judgment of his actions; because he suspected between masculinity and femininity, it comes under the same stand for conducting actions that may harm in the event that they were two males or two females. If signs emerged masculinity sure that Hermaphrodite nearly resembles the male; shall receive treatment mentioned, although the back of the signs of femininity is Kalehid argued that roughly resemble the female; shall receive the treatment of female([123]).

Provisions climate change names and conditions:

Male inadmissibility use بالنجاسات and sanctity sold and donated, but if change described change its ruling, «But if he goes out in the sense that it is valid from use including may originate, and realizes in Elocution cleansed, or benefit from it to feed beasts or children, and appends use in eating ([124]).

Rule for most of the cases:

The difference between the government and among reservists in order impurities, if doubt one of uncleanness clothes people err washed to raise confusion; because it is required to legally avoided and prevention of unclean, but it's not on the launch, the «This view is based on the offers mostly of the order, if he is in . What is true on the assets it got stronger and the first, and reservists have when choosing([125]).

In talking about the slaughtered amphibians, said: «What was mostly of his affairs and Aesheth mainland fishing was a rule of his land, and his blood was the blood of mainland fishing poured forth, the true him that he lives in the land, sea or water, reservists had to blood corrupt»([126]).

Abra Ghalib is not common for Nader: ([127])

The judgment given the often:

«As for what was originally pure Fardth impurity, did not come out director consuming them, and beat them provisions so as not to have a rule where, come out I mean meaningful difference in selling it and benefiting from it, to feed the animals and children and use as may from all this, may not be . Nor sold nor benefit from it under any circumstances, except in the event that summed up the essentials


Different rules:

What is not to be but it is the duty of:

Male dispute over passport ablution naked, and most likely it is permissible where one Mistura for the eyes of the people, and assured that he takes his clothes and no one sees, with the observance of these conditions take place and its light, but if he saw a sinner and breaks his wudoo.

While some argue that its light does not meet even orphaned and takes his clothes and delivers from its exposure to a. Kalmjama in Ramadan, he may even running out of time to wash, then forbidden to have intercourse, at the base of what is not to be but it is the duty of. Was in advance of the removal for washing before dawn and duty, until the due performance of fasting purity, and not to engage in fasting event janaabah.

Then most likely not the similarity of this case with ablution, it takes place without requiring the completion of wearing clothes, but if exposure occurs person who has wudoo other; breaks his wudoo held, also invalidated all other events. And he has a new light([129]).

What is forbidden to take the campus given. ([130])

Campus do denied his request. ([131]).

Stated in the words of Alkdma evidence to adopt these rules in the door Tharrat – He often escaped from the book what counts- He says: More things if defiled and there is no face to cleanse; they buried «not feed anything including animals, nor anyone from people young and not great, not sold, and perhaps come out in the meaning that it does not endowed, but if it is proven that it does not benefit the overall champion sold and donated. The property does not fall, the void left([132]).

Then he mentioned the word is permissible to feed her animals, he responded by saying: «The sin of Muharram, do not feed forbidden anyone from creation, and that, although the animal is not sinful, nor impurity taboo; human interdicted sin and man's land, that benefit from it or to appoint the use of([133]).

The second it is permissible to feed her animals, or young children, «It is no sin on him; because that is their benefit, and not with me on them is also harmful, and there is no sin, nor sell it's no benefit Butmenh… If it is proven that it does not sell and not sell them to dhimmi nor the people of Islam; because that Mkhalt haraam, not permissible to sell land and halal one deal; Because the sale of halal and haram in a single package all haram »([134]).

Can not be based on corrupt rule:

Male differing opinions about the rule of ablution if left on the body of the person who has wudoo uncleanness, and did not touch it with his hand, Fagzlea by or wash him other. Is wudoo 'in this case?, It said his health said not to veto the light of defile in non-places and light, and he said of the renewal of ablution on impurity advanced the most, may not be ablution only after purity; «because the license to the survival of ablution if you view him unclean ([135]).

Reasoning and measure similarities in impurities:

Stated that the argument of said بنجاسة فرث animal verse: ) Between فرث blood of pure milk palatable to the drinkers) ([136]). Was Alvrth and blood suspects in this sense an impurity.

It is said interpreted the verse of purity that milk comes out of different things, each one of them color, and special milk to the contrary are in color and taste([137]).

Elsewhere Male human uncleanness Paul and other animals, and cited, saying the Almighty: ) And cattle where you created the warmth and benefits and eat (([138]) Commenting saying: «Not be benefits Mdhara and not what has already been the words of our companions in the meaning of the agreement as saying on corruption Paul cattle; like to be entirely in her life and after Zkatha benefits. And pure in the meaning of purity has been established, in the meaning of consensus but the book of God in all the blood. And is similar to what they had agreed upon purity all of them without their permission of others, did not find from saying something like this in other. But جدناهم mischief dung somewhere mischief urine of all the wild beasts of women with indigenous blood, but in these animals that are in the wind, and the sea smart. Fujdnahm had agreed to differentiate between urine and Erwatha and Ibaarha, Vtehroa Ibaarha and Erwatha, and corrupted the urine of cattle and the like, and horses and mules and the like.

The measurement may need to be, for example other beasts of animate beings wild and blood original all be slitting تذكية, except taboo Originally, it was smart or not smart in semi-what of the right to agree to the corruption of urine and Erwatha either, as there is no difference between them .

But we let the measurement and follow the meaning of their agreement to pander to prove religion opinion nor religion opinion, generally faces ignorance; because unless authorized by God »([139]).

We also find another example to measure the similarity: A monkey sea and dolphins, he says, the two: «Me that has been said on the meaning of suspicion: The monkey sea and dolphins, and the like of it taboo of women with the mainland, right prohibition name Bcbh, albeit not catch.

As well as the like abominations of wild animate the right meaning of hatred, and the like decomposers of with righteousness analysts are.

If it is proven this to say in these meanings that but inflict on the meaning of the similarities in the prohibition, hatred and analysis; to his right when the meanings of similarities in the slaughter and corruption of blood, meaning dead; because what the similarity in the sense that the similarity in the provisions elsewhere, »([140]).

Similarity does not require equal provisions need:

ثمَّ ذكر في مقام آخرَ أنَّ الشَّبه الصوريَّ لا يقتضي القياسَ بالضرورة، لاختلافِ موجب الحكم بين الصور المتشابهة، ومثّل لذلك بالنطفة الميتة، فإنها لا تستلزِم الغسل مثل النطفة الحيَّة الدافقة، وكذلك دمُ الاستحاضة لا يستلزم أحكامَ دم الحيض، رُغْم التشابه بينهما؛ إذ «ليس كلُّ ما أشبه الشيء بمعنى أنَّه أَشبَهه في جميع المعاني، والنطفة الميِّتة أشبهتْ المنية في ثبوت الاستنجاء ونقضِ الوضوء، ولكنَّها لا تشبهه في ثبوت الغسل، ولا في معاني لزومِ الأحكام في البلوغ. As that blood istihaadah like menstrual blood in wudoo, and lookalike also clean ourselves of it. As well as the lookalike in the wash when you say some of said so, and then do not like blood istihaadah menstrual blood in all the provisions »([141]).

Certificate argument phenomenon:

Says: «وإنَّ ردَّ الحاكمِ شهادةَ الحجَّة من العدول بعد قيامها لموضع ما قد غاب عنه من صدقها وكذبها، واحتمل عنده من ذلك بالحقِّ؛ كان بذلك للحقِّ من المعطِّلين، وكان بذلك عند الله في دينه من المبْطِلين، ولو كان الشاهدان عند الله في سريرتهما قد شهدا باطلاً وكذباً؛ فلا يجوز للحاكم أن يترك الحجَّة بعد قيامها عليه، ولا يشهد بمثل ما شهدت به الحجَّة على المشهود عليه، ولا يعتقد صدق الشهود ولا حقيقة ذلك، وإنما تُقبَل الحجَّة إذ هي في دين الله حجَّةٌ»([142]).


Transfiguration us these pages a picture of the curriculum Imam Alkdma in diligence asset-based legitimacy and employment of jurisprudence in various issues addressed, which although were not comprehensive of fiqh, due to the loss of most parts of the book; the part survivor Aouadi time clearly reflects the presence of rules and method .

While editing rules did not mean its image minute; the text on many of them, as employed by an accurate sense, as well as being in a period for the development of advanced codification of rules when Muslim jurists.

Perhaps the days reveal what is lost from this heritage to be utilized and lighting the way for generations to appreciate the efforts of scientists previous sections, and guided Bajtahadathm resolve many of the problems of contemporary, it was them explore and intuition accurate statement of the facts as possible, they sought to find appropriate solutions to make them Tstzl shadow of Sharia, nor . That summary of the role of hardworking, and their message in the formulation of society according to Islam and constitution laid down by God to the people of the provisions.

The most important sources of research:
  1. What counts, Abu Saeed Mohammed bin Said Alkdma, 4 Parts, printed Bmtaba Oman Newspaper House of Press and Publication, dissemination and the Ministry of National Heritage and Culture, Oman, 1405 AH / 1985 AD.
  2. Probity, Abu Saeed Mohammed bin Said Alkdma, 3 Parts, publication of the Ministry of National Heritage and Culture, Oman, 1405 AH / 1985 AD.
  3. Book Mosque, Abu Mohammad Abdullah Ben Barka Pahlavi, Open House, Beirut, Lebanon, 1974.
  4. Whole useful from the provisions of Abu Said, Abu Saeed Mohammed bin Said Alkdma, 5 Parts, printed Bmtaba record Arabs, publication of the Ministry of National Heritage and Culture, Oman, 1405 AH / 1985 AD.
  5. College rules and regulations in Islamic jurisprudence. D. Mohamed Osman Speer, first edition, Dar Al-Furqan, Amman, Jordan, 1420/2000.
  6. Jurisprudence, concept, origin, evolution, study her writings, Ali Ahmad Nadwi, third edition, pen, Damascus, 1414/1994
  7. Major jurisprudential rules and fork it, d. Saleh Bin Ghanem Alsdlan, first edition, Valencia Riyadh, Saudi Arabia, 1420/1999.
  8. Readings at the thought of my father Said Alkdma, harvesting symposium held about Alkdma by Literary Forum, the Ministry of National Heritage and Culture, 11-12 Safar 1421 AH corresponding to 15-16 May 2001, the first edition, 1422/2001.
  9. Dictionary flags Ibadi, Department Masharqa. Accomplished by a team of researchers under the supervision of Dr. Mohammed Nasser, an electronic copy, possession researcher.
  10. Entrance idiosyncratic (Directed by new), Mustafa Zarqa, first edition, pen, Damascus, 1418/1998.

[1]) البطاشي, Saif bin Hamoud, Athafe Senate biography of the people of Oman, c 1, p 282.

[2]) The same source.

[3]) Mohammed bin spirit of Ibn Arabi (Abu Abdullah) (S: 3 And 4 e).

Sheikh Abu Abdullah Muhammad bin spirit Arabic Canadian Alenzue, is from the people of SMD Nizwa and senior scientists, and leader Alenzuanah.

Lived time of the seizure of the Abbasids Oman for the first time, and witnessed the events Qaramita. Of elderly: Fairy Abu Mohammed bin Apostle, and Sheikh Malik bin Ghassan bin Khalid, and other chieftains and around Nizwa. His students included: Sheikh Abu Saeed Alkdma.

Of his contemporaries Mohammed bin Said bin Abu Bakr, Abu Hassan Mohammed bin Hassan, Omar bin Mohammed bin age who was Akatebh the issues and affairs of the era. Stop Musa ibn Musa and Rashid Bin consider, they came out on the Imam Salt ibn Malik.

Of its message in Male Imams Almansoben in Oman after Imam Salt deposed. And has many doctrinal statements corroborated came after scientists.

Seen translated in: Dictionary flags Ibadi, (Section of the East) Translation:1163. (An electronic version). These sources adopted: -Shara statement, 4/363. 21/144. 37/114. – Gifting, Introduction, 10. – Biography of Ibn outrigger, 15. -Beam is common, 62. – Athafe Senators, 1/210-213. – Believe the curriculum, 55. – Whole, 1/402. – Manual flags of Oman, 145.146. – Fruit Science, 1/246.

[4]) Rmishqi bin Rashid (Abu Usman), From the fourth century AH scientists, said Sheikh Siyabi in the fifth class.

He was one of the influential people and the contract of his time. Participated in the inauguration of Imam Rashid Bin Al Waleed on defense.

Was a contemporary of Abu Abdullah Muhammad ibn spirit, and Abu Hassan Mohammed bin Hassan Abu Muhammad Abdullah Ben Barka.

Seen translated in: Dictionary flags Ibadi, (Section of the East) Translation:369. (An electronic version). These sources adopted: – Shara statement, 2/295; 4/212. – Approach the students, 1/625. – Believe the curriculum, 55. – Manual flags of Oman, 67.

[5]) Mohammed Abu al-Hasan Alenzuana (S: 4E) Scientists from the fourth century AH: Contemporary pool and a father Said Alkdma, and Abu Abdullah Muhammad ibn spirit, and other elders. Seems to have been trend Rstaqa in question Salt and Rashid. Studied at the hands of Abu al-Hasan Ali bin Mohammed Albsewe. Shaykh Ahmad Siyabi: It stuffed the Mosque of Abu Jaafar… Seen translated in: Dictionary flags Ibadi, (Section of the East) Translation:1089. (An electronic version). These sources adopted: -Biography of Ibn outrigger, 24. -Revealed sorrow, 475.

[6]) Saeed bin Abdullah Rehaily Abu Qasim (T.: 328E): هو الإمام سعيد بن عبد الله بن محمد بن محبوب بن الرحيل القرشي، عالم من عائلة العلم والفقه فقد كان جدّه محبوب من حملة العلم من البصرة إلى عمان، وكان أبوه وجده من أشهر العلماء في القرن الثالث الهجري، وكان منزلهم بصحار من باطنة عمان. Failures of Imam Said to defend year 320 AH, after long years of Abbasid rule, has pledged allegiance fairy Sheikh Othman, and Abdullah Muhammad ibn Abi and other influential. And walked in the parish biography of truth and justice even said by Sheikh Abu Muhammad ibn Abi influential he was not aware of a better and fairer in Amman from Saeed bin Abdullah only be الجلندى bin Masood. Died dead battle Manati year 328 AH. Seen translated in: Dictionary flags Ibadi, (Section of the East) Translation: 513. (An electronic version). These sources adopted: -Revealed sorrow, 477-478. – Opening set, 211. -Masterpiece Senators, 1/192-195. Shines sick, 19. – Approach the students, 1/631. -Manual flags of Oman, 80.

[7]) Probity, c 2, p 98.

[8]) The same source.

[9]) Sheikh Ahmad Al Siyabi, ibid, p 18.

[10]) Perhaps one of his students: Abdullah bin Mohammed Abu Mahmoud (S: 4E): Abu Muhammad Abdullah bin Mohammed bin Znba, scientists from the fourth century AH. Seems to have learned at the hands of Sheikh Abu Said Alkdma, as it was restricting his flag and asked him in the affairs of jurisprudence and knowledge. Seen translated in: Dictionary flags Ibadi, (Section of the East) Translation:815. (An electronic version). These sources adopted: Shara statement, 36/223, 37/95, 40/430, 444. – Biography of Ibn outrigger, 14. -Athafe Senators, 1/435.

[11]) Seen translation detailed Alkdma in research submitted to the seminar: Read at the thought of imam Alkdma, Literary Forum, the Ministry of National Heritage and Culture, days 11-12 February 1421 15-16 May 2000. First Edition, 1422/2001. Especially SEARCH: Sheikh Ahmed bin Saud Al Siyabi, Imam Abu Said Alkdma, his life and thought. - Search Sheikh Nasser bin Suleiman Alsabaa, book rectitude of Imam Abu Said Alkdma, analysis and study. - Dr Tahir Mohammed Aldrder, book increase on the book supervision of the mark Abu Sa'eed Alkdma. Comparative Study. Also received adequate translation in: Dictionary flags Ibadi, (Section of the East) Translation: 1178. (An electronic version). These sources adopted: Whole, 1/71156194. – Curriculum, 1/224. – Shines sick, 21. – Believe the curriculum, 54. - Workbook, 3/189 268 411. – Ibadi in Egypt, 69,55,172. – Masterpiece Senators, 1/194. – Athafe Senators, 1/219. – Manual flags of Oman, 146.

[12]) Salmi, Noureddine Abdullah bin Humaid, the East lights minds, c 1, p 15.

[13]) Sheikh Ahmad Al Siyabi, op cit, p 19.

[14]) Sheikh Ahmad Al-Khalili, rooting idiosyncratic when my father Said Alkdma, within the Research Symposium “Read at the thought of Imam Alkdma”, P 51.

[15]) Rashid bin Nadar Alvgeha اليحمدي (T.: 285E).

Walked with Moses ibn Musa isolate Salt ibn Malik after size and weakness, isolation of Musa ibn Musa and ran Rashid bin Nadar imam year 273 AH. Prompting the people of Oman splitting into two divisions led Rstaqah I'm swimming and It led Nzoanah Abu Sa'eed Alkdma. That came Imam Nasir bin Murshid he put an end to this discrimination and united hearts. Oman knew in his reign a lot of dissension and unrest.

Received detailed translation: Dictionary flags Ibadi, (Section of the East) Translation: 335. (An electronic version). These sources adopted: -Masterpiece Senators, 1/204, onward. – Beam is common, 36, 52. – Instill the right thing. Oman throughout history, 2/199, 210, 213. – Revealed sorrow, 264. Opening set, 232. – Manual flags of Oman, 68.

[16]) Alkdma, Integrity, c 1, p 12.

[17]) Alkdma, what counts, Introduction Sheikh Ahmad Al-Khalili, c 1, p 5.

[18]) We could not be found on the original manuscript, and he told me Dr. Salim Al-Thani it to be taken up within his research “Purposes when Alkdma law by writing increases supervision”. As Dr. Mohammad Tahir Dardiri search seminar” Read at the thought of Imam Abu Said Alkdma”, Titled book increase on the book supervision of the mark Abu Sa'eed Alkdma. Comparative Study. Briefly address the content of the book.

[19]) Salmi, Shines sick from radiation Ibadi, p 21.

[20]) Sheikh Ahmad Al Siyabi, op cit, p 31.

[21]) Sheikh Ahmad Al Siyabi, op 31-32.

[22]) Alkdma, what counts, c 3, p 155.

[23]) Norms, Aya 157.

[24]) Alkdma, what counts, c 3, p 181.

[25]) Originally stated: Apprehension, and right: Distortion.

[26]) Alkdma, what counts, c 3, p 210.

[27]) Sheikh Ahmad Al-Khalili, op cit, pp. 51-52.

[28]) Tariq, verse 5-7.

[29]) Rights, verse 2.

[30]) Alkdma, what counts, c 4, p 46.

[31]) Narrated by Bukhari via Abu Huraira, prayer book, chapter and should be prayer, talk 618.

[32]) For more details on the matter and statements: Alkdma, what counts, c 4, pp. 66-67

[33]) Alkdma, what counts, c 4, p 31.

[34]) Sheikh Ahmad Al-Khalili, op cit, p 65.

[35]) Table, Aya 6.

[36]) Alkdma, what counts, c 4, p 48.

[37]) Alkdma, what counts, c 4, p 48.

[38]) Alkdma, what counts, c 4, p 6.

[39]) Sheikh Ahmad Al Siyabi, op cit, p 20.

[40]) For more details on the matter in the books of assets in consensus Investigation.

[41]) Tariff Jerjani, p 219.

[42]) D. Mohamed Osman Speer, college rules and regulations in Islamic jurisprudence, p 12. Quoting: Kova colleges, 4/48.

[43]) Is defined Hamwi book Nazaa'im. Seen: Mustafa Zarqa, public entrance idiosyncratic, c 2, p 965.

[44]) Mustafa Zarqa, public entrance idiosyncratic, c 2, p 965.

[45]) Mustafa Zarqa, public entrance idiosyncratic, c 2, p 967.

[46]) D. Saleh Bin Ghanem Alsdlan, major jurisprudence and her fork, p 37.

[47]) D. Saleh Bin Ghanem Alsdlan, major jurisprudence and her fork, p 38.

[48]) D. Saleh Bin Ghanem Alsdlan, major jurisprudence and her fork, p 38.

[49]) Mustafa Zarqa, public entrance idiosyncratic, c 2, p 969.

[50]) Narrated by Abu Dawood, a book provisions, the door of the structures in the right hurts neighbor, talk 2341. By Ibn Abbas.

[51]) Mustafa Zarqa, public entrance idiosyncratic, c 2, p 965. And the consideration of the detailed talk about the emergence of rules of jurisprudence and the oldest novels in that.

[52]) Mustafa Zarqa, public entrance idiosyncratic, c 2, p 971. This is the most important books jurisprudence by the historical sequence:

Karkhi assets, (340E) Hanafi.

Assets Afattia Mohammed bin Harith Khushani, (361E) مالكي.

Establishment of Debussy, (430E) Hanafi.

Provisions in the interests of the rules creatures Ezz Bin Abdulsalam, (660E) شافعي.

Differences for Aqrafa, (684E) مالكي.

Nazaa'im agent, (716E) شافعي.

Jurisprudential rules of Light, Ibn Taymiyyah, (728E) حنبلي.

Rules of the headquarters Tlemceni (758E) مالكي.

Nazaa'im Subki, (771E) شافعي.

Wallflowers rules for Zrkachi, (794E) شافعي.

Rules by Ibn Rajab (795E) حنبلي.

College rules and regulations jurisprudence, Ibn Abd al-Hadi, (909E) حنبلي.

Nazaa'im for the resettlement, (911E) شافعي.

Note tract for Onharisa, (914E) مالكي.

Nazaa'im Najim, (970E) Hanafi.

Rules Magazine provisions Adliya (1292E) Hanafi.

Rules Magazine rulings on the view of Imam Ahmad, Ahmad continental (1359E) حنبلي.

Explain the rules of jurisprudence, Ahmed blue. Hanafi.

For more details on topic: Jurisprudence, concept, origin, evolution, study her writings, Ali Ahmad Nadwi.

[53]) Seen: Salmi, explaining sorties sun.

And researchers from the collection jurisprudence of book illustration, and serve as the subject of a Thesis. Due to its size Deemed.

The Professor Mustafa also fierce charges of preparing doctoral thesis at the University of Emir Abdelkader in Constantine in Algeria, entitled “Jurisprudence when Ibadi”.

[54]) Previously discharged.

[55]) الصواب أن النبي r قضى بأن البينة على المدّعي واليمين على المدّعَى عليه. The novel involve words with him so wherein an article. Seen: Bukhari, Book of the mortgage, the current door if different and the mortgagee and other. - Sunan al-Tirmidhi, book provisions for the Messenger of Allah, what came in the door that the burden of proof on the plaintiff and the defendant's right. Recent No. 1341.

[56]) Received this rule in Article 2 Journal of provisions Adliya.

[57]) Narrated by Ben Habib spring in his Musnad Ibn Abbas, a door in the faith, talk 1.. And narrated the books of the whole year for Omar bin al-Khattab, – Seen: Sahih Bukhari, Book commencement of the revelation, the door to start the revelation, Hadith No. 1.

[58]) Ibn Hajar in Fath al-Baari, in an interview to explain «Actions are but by intentions»: « وقد تواتر النقل عن الأئمة في تعظيم قدر هذا الحديث: Abu Abdullah said: Not in the reports of the Prophet e whole thing, richer and more useful than this talk. It was agreed Abdul Rahman bin Mahdi and Shafei… That one-third of Islam, Some of them said quarter, They differed in the appointment of the rest. Ibn al-Mahdi also: Enters in thirty Baba of science, Shafei said: Enters in seventy doors, And are likely to want this number exaggerated. Said Abdul Rahman bin Mahdi also: Should make this modern top of each door. Bayhaqi face being one-third of the knowledge that earn slave is his heart and his tongue and his faculties, The intention in one of the three divisions and أرجحها; they might be independent worship and other needed, It is then reported: Intention believer is better than his.

[59]) Alkdma, what counts, c 4, p 55.

[60]) Alkdma, what counts, c 4, p 56.

[61]) Alkdma, what counts, c 4, p 56.

[62]) Alkdma, what counts, c 4, p 72.

[63]) Narrated by this wording Nasaa'i and Ibn Majah, Tirmidhi and Ahmad. Narrated by Bukhari and Muslim word: «What was the condition is not in the book of God is false» In other words close. Seen: Sahih Bukhari, Book of conditions, conditions in the loyalty, interview 2579. – Sunan al-Tirmidhi, Book of divorce, choice of the nation the unredeemed and her husband owned, modern 3451. -Ibn Majah, Book of provisions, offices, interview 2521.

[64]) Alkdma, what counts, c 3, p 101.

[65]) Alkdma, what counts, c 4, p 23.

[66]) Alkdma, what counts, c 4, p 144.

[67]) Alkdma, what counts, c 4, p 180.

[68]) Received this rule in Article 4 Journal of provisions Adliya.

[69]) Alkdma, what counts, c 3, p 113.

[70]) Alkdma, what counts, c 3, p 115.

[71]) Alkdma, what counts, c 3, p 119.

[72]) Alkdma, what counts, c 4, p 77.

[73]) Alkdma, what counts, c 3, p 154.

[74]) Alkdma, what counts, c 4, p 79. He gave examples of realistic and detailed accurate in terms of doubt and certainty and confidence, and the difference between the types of obligations in this case important process.

[75]) Alkdma, what counts, c 4, pp. 82-83.

[76]) Modern word when Bukhari: «عَنْ عَبَّادِ بْنِ تَمِيمٍ عَنْ عَمِّهِ أَنَّهُ شَكَا إِلَى رَسُولِ اللَّهِ e الرَّجُلُ الَّذِي يُخَيَّلُ إِلَيْهِ أَنَّهُ يَجِدُ الشَّيْءَ فِي الصَّلاةِ فَقَالَ لا يَنْفَتِلْ أَوْ لا يَنْصَرِفْ حَتَّى يَسْمَعَ صَوْتًا أَوْ يَجِدَ رِيحًا» كتاب الوضوء، باب من لا يتوضأ من الشك حتى يستيقن، حديث رقم137.

[77]) Alkdma, what counts, c 3, p 87.

[78]) Alkdma, what counts, c 3, p 88.

[79]) Alkdma, what counts, c 3, p 88.

[80]) Alkdma, what counts, c 3, p 154.

[81]) Alkdma, what counts, c 3, p 154.

[82]) Alkdma, what counts, c 3, pp. 154-155.

[83]) Alkdma, what counts, c 4, p 118.

[84]) Alkdma, what counts, c 4, pp. 119-120.

[85]) Alkdma, what counts, c 4, p 121.

[86]) Alkdma, what counts, c 3, p 91.

[87]) Alkdma, what counts, c 3, p 91.

[88]) Alkdma, what counts, c 3, p 159.

[89]) Alkdma, what counts, c 3, p 14

[90]) Alkdma, what counts, c 3, p 118.

[91]) Alkdma, what counts, c 3, p 118.

[92]) Alkdma, what counts, c 3, pp. 117-118.

[93]) Alkdma, Integrity, c 3, pp. 26-27.

[94]) Received this rule in Article 17 Journal of provisions Adliya.

[95]) Alkdma, what counts, c 4, p 8.

[96]) Alkdma, what counts, c 3, p 103.

[97]) Alkdma, what counts, c 4, p 122. And 125.

[98]) Alkdma, what counts, c 4, p 123.

[99]) Alkdma, what counts, c 4, p 173.

[100]) Received this rule in Article 55 Journal of provisions Adliya.

[101]) Alkdma, what counts, c 3, pp. 219-220.

[102]) Alkdma, what counts, c 4, pp. 139-140.

[103]) Alkdma, what counts, c 4, p 140.

[104]) Alkdma, what counts, c 3, p 14.

[105]) Received this rule in Article 20 Journal of provisions Adliya.

[106]) Alkdma, what counts, c 3, p 104.

[107]) Alkdma, what counts, c 3, pp. 103-104.

[108]) Alkdma, what counts, c 4, p 17.

[109]) Alkdma, Integrity, c 3, p 6 onwards.

[110]) Alkdma, Integrity, c 3, p 9.

[111]) Women, Aya 29.

[112]) Received this rule in Article 36 of the magazine judicial provisions.

[113]) Alkdma, what counts, c 4, p 83.

[114]) Alkdma, what counts, c 4, pp. 83-84.

[115]) Alkdma, what counts, c 4, p 86.

[116]) Alkdma, what counts, c 3, p 102.

[117]) Alkdma, what counts, c 3, p 102.

[118]) Alkdma, what counts, c 3, p 107.

[119]) Alkdma, what counts, c 4, p 12.

[120]) Alkdma, what counts, c 3, p 79.

[121]) Alkdma, what counts, c 3, p 79.

[122]) Alkdma, what counts, c 3, pp. 84-85.

[123]) Alkdma, what counts, c 3, p 85.

[124]) Alkdma, what counts, c 3, p 101.

[125]) Alkdma, what counts, c 3, p 116.

[126]) Alkdma, what counts, c 3, p 198.

[127]) Received this rule in Article 42 of the Journal of the provisions of justice.

[128]) Alkdma, what counts, c 3, pp. 102-103.

[129]) Alkdma, what counts, c 3, p 212

[130]) Received this rule in Article 34 Journal of provisions Adliya.

[131]) Received this rule in Article 35 Journal of provisions Adliya.

[132]) Alkdma, what counts, c 3, p 100.

[133]) Alkdma, what counts, c 3, p 100.

[134]) Alkdma, what counts, c 3, p 100.

[135]) Alkdma, what counts, c 4, p 142.

[136]) Bees, Aya 66.

[137]) Alkdma, what counts, c 3, p 135.

[138]) An'am, verse 5.

[139]) Alkdma, what counts, c 3, p 137.

[140]) Alkdma, what counts, c 3, p 200.

[141]) Alkdma, what counts, c 4, p 90.

[142]) Alkdma, Integrity, c 3, p 20.

* 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 “Jurisprudence at Imam Abu Said Alkdma”

  1. سندس says:

    كيف تكون الخطوة الأولي لستخراج القواعد الفقهية ؟أمابنسبة لدراسة فكانت رائعة

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