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Wrote the difference in the schools of Islamic jurisprudence appearance and evolution

Wrote the difference in the schools of Islamic jurisprudence

Appearance and evolution *

Mr. Darwish Nasser

Jurisprudence in the era of prophecy:

There is no doubt that the deduction of the legal provisions and meditation in jurisprudential evidence already registered branches and identify the results, but scheduled in the history of the legislation, the first seeds for the emergence of jurisprudence dating back to the mission of the Prophet e after immigration began to form the nucleus of the Islamic state and there is a need to jurisprudence.

However, we can not be half that this era as the era of discretionary jurisprudential strict sense; because the legislation was recommended by Allah to His Messenger PBUH general rules, The provisions outlined that the e shall detail would have Signifying Psonth gift and work.

And we can say that the Messenger of Allah e did not need to strive your sense, Though diligent in the general sense in the application of judicial affairs and war and politics, as well as diligence in some particulars, even in the picture as a matter of the woman who came complaining is her husband and ask for God's judgment released him, when he told her: “You are Kzar for Mom”.

However, this type does not longer legislatively source; because it spins on two things:

First: It is approved by the exporter shall be guardian of God.

II: Is not approved by the revelation that descend otherwise.

Jurisprudence in the era of the companions:

Then took the noble Companions advocacy functions of religious and began Fotouh Islamic, featured many issues, and entered into the rule of the Muslim Ummah Nations of civilizations, blended within different elements thing formed and habits of folks and races, in addition to varying perceptions and minds, and branched out knowledge and science, Showed the urgent need to push the scientists of the companions about diligence and thinking to define the provisions of those things that were presented to them and the statement مراتبها, Vsmoa foundations and a platform for diligence, keeping in mind the flexibility of this true religion, and that the law of God, a comprehensive full reign full year to accommodate the ages باختلافها, contains updates of events and مجرياتها. Did not the Messenger of Allah e Maaz bin Jabal t when a judge sent him in Yemen: «Bam eliminated?» Said: The book of God. The Messenger of Allah e: «If he does not find?» Said: Fbsna the Messenger of Allah said,: «If he does not find?» Said: Plied my opinion does not Allo, The Prophet e: «Thank God, who according to the Messenger of Allah what pleases Allah»([1]).

But rather acknowledged the Messenger of Allah e his companions on the difference Fiqhi the while invited them to to go out to of Banu Qurayza, and said to them,: «No one pray only in the era Quraizah, they went hurry realized each era in the road, went forth, and he said some of them: Do not even pray Natém. Some said: But pray, did not want us to do so, he recalled that his e endorsing both of them([2]).

The Sahaabah were wire agreed y in the of ijtihad two roads:

First: Be upon of measurement. The second: Be upon interest.

He found some of them known for diligence and paved the way for a school of opinion on the measurement platform, sometimes taking interest, Of those without them Jurisprudence Abdullah bin Masood, Ali ibn Abi Talib, Fortha scholars of Kufa from followers and came after them imams hardworking approach of diligence opinion.

He found companions of famous diligence by stakeholders, led by Omar bin Khattab, especially if the subject of jurisprudence regard to the management of the state and the conduct of its affairs and organize its affairs.

Jurisprudence in the era of followers and later:

After the noble Companions came the era of their followers, who found between hands with great Therutin of the novel and jurisprudence, They kept on combining these two Altherutin, Help them so that each follower was a disciple of Sahabi or more. Did not stand at this much, but they strive not the text of the Koran or a year or consensus, or it was not for the Companions of view it.

In that era, there is a need to identify the correct hard hadith and others, and thus widened hiatus in the Platform follower until noon two types of Jurisprudence: Jurisprudence opinion, and jurisprudence impact; The people were not taking effect only opinion Force, nor Iveron by the issues, and opinion leaders, they had increased their advisory opinion matters, unless the right to have an interview, as to strive, Some of the judgments not only the facts, But imposing issues is a reality and Admon has their opinions provisions, restrictive rules adapted from the Quran and Sunnah.

Thus arose two Vgahatan schools عظيمتان respective properties, and so on jurisprudential doctrines formed in each country, until he became both a world of affiliated scientists and their students of imams hardworking doctrine, and straighten up in a country imam.

Despite the emergence of these schools in the era of the companions and followers, It was not much difference to the lack of down their accidents in the era of Islam and other Umayyad. Was the doctrine is the texts of the Qur'an and Sunnah followed and the consensus of the companions what they heard from the Messenger of Allah e, ​​or narrated by them, others, Or what their opinions issued fatwas after research and diligence.

Then came the Abbasid appeared which jurists communities, and have distinguished themselves by that name after they know the readers, he took them privileged leaders each had characteristics and features that distinguish it from other, and that each of them has its rules and foundations on which the fatwas, and established the doctrine.

The scholars enjoy freedom of opinion, and diligence in scientific research and eduction, It was for each of the tools that diligence was completed strive to define governance and access it from sources, And goes to reassure him without being controlled by the authority or force in his opinion([3]).

Has entailed the freedom contrast diligence and research methods courses diligence, and devising ways of governance and the result reached by the industrious([4]).

Jurisprudence has reached its peak in this age, Encouraged by Abbasid caliphs and contributed to the large number of scientists and promote the realization of the movement of opinion, As a result of this controversy, those debates among scholars that widened the rift between them and after a range of, فشمل something of consensus and some of them said: It can not be achieved, and some of them standing at the measurement does not take.

وكان لاتساع الدولة الإسلامية في خلافة بني العباس وما ضمت من شعوب مختلفة الحضارات والثقافة، والعادات والنظم الاجتماعية والمعيشية والتعاملية، دور بارز في كثرة الوقائع وتنوعها، وقد دفع الفقهاء المجتهدين إلى تمحيص هذه الوقائع على ضوء أحكام الإسلام، يقرون ما يرونه داخلا في نظام الأحكام وينكرون ما يخالفها، وقد أثرى ذلك الفقه الإسلامي بصنوف من أحكام الحوادث والمعاملات التي لم تكن معهودة من قبل، كما ظهر نتيجة لذلك اختلاف بين الفقهاء في توجيه الحادثة أو الواقعة، كل على حسب ما يرى في ضوء الكتاب والسنة([5]).

It is no secret that the legal provisions of the law came overview sources, you need to understand and develop them into something provisions of thought and meditation. The human mind is different in its energy and strength, followed by varying scholars to understand the secrets of the law, The قياسهم differed as to the different understanding([6]).

Following this there were many schools of Islamic jurisprudence, and spread in all of Egypt from the regions, and wrote some of them survive, growing its followers over time, because of the availability of its scientific environment valid able to specializes in these doctrines and published, and become each doctrine Meredon and the followers of the various countries of the Islamic world.

Yes.. I have accompanied the emergence of these schools of Islamic jurisprudence books difference rating, which is the basis of comparative jurisprudence studies (Budget), And these books can be divided in terms of its appearance and its evolution into three phases, each phase has seduced period of time, space historical تحصرها, and it also has the characteristics of intellectual excellence and scientific attributes revealed.

The first phase: It started by the imams hardworking norm, and derive rulings, and weighting of views, and the establishment of doctrines. It is known Jurisprudence golden era, or the era of prosperity doctrine, or the era of blogging, or imams era of hardworking. And in the second century, and right by the third century, as well as the fourth half or whole. And can be called at this stage also: Stage Altqaid and incorporation.

The second phase: Those which began scholars of different schools of thought in the liberation of their differences, and correct words, and then balancing between multiple views and weighting them, with the statement of evidence and reasoning, then append likes of counterparts from emerging issues of fact or assumed in the mind.

This stage begins from the end of the first phase and ending in the third century AH. And can be called at this stage: Scrutiny and branching stage.

I would like to mention here that some of the writers in the history of the legislation call this stage stage stalemate not أوافقهم in the reasons for this long explanation.

The third stage: It is the stage that accompanied the promise of the Renaissance to modern civilization, has been active movement of intellectual, cultural, and keep pace with the aspects of life in a different country, and I feel jurists an urgent need to Renaissance intellectual, and renewal in jurisprudence to grips with developments in the new civilian, and expose their offspring to suit the spirit of the times and the needs of people.

This phase starts from the end of the second phase to Nowadays, we can call on this stage: Stage of advancement and innovation.

The first phase:

It stage Altqaid and incorporation As above, this stage has seen the beginnings of writing in comparative jurisprudence studies (Budget), Where the spin issue with the evidence said, and refute the opinion of the offending proof and evidence.

This is formed by the way Abu Ghanem humans Bin Ghanem concrete Ibadhi the Grand Entries, without which seven students from Abu Ubaidah al-Tamimi, was exhaustive encyclopedia.

The mother as well as a book of Imam Shafi'i, who dictated to his disciples in Egypt, having settled and the foundations of the new doctrine, after he returned from the old doctrine which had been founded in Iraq.

The advantage of these books that recorded in the statement that stage easily and clarity of meaning, with a good supply and the power of pampering.

These are two examples of the books mentioned:

1 The Book of Entries for the sign of the Son Ghanem, among other models, leading to the adult stage. It says in the chapter “Man يسهو the do not knows how many blessings” «Said salary: The Messenger of Allah e: «If you doubt any of you in his prayers did not generate Ouahdh peace or two, but did not generate three blessings or four Vlijolhn three times and build on what Astiguen, but prostrate two prostrations before handing over, if he prayed five Hfta his prayers, though pray four were إرغاما the devil». In the modern prostration of forgetfulness before the peace that had a fear of shortages, and it builds on the uncertainty of not re-. And Ata ibn Yasar from Abu Sa'eed him e If any of you doubt in his prayer and does not know how much peace; three or four pray rak'ah and two prostrations prostrate before delivery, was fifth Hfha the Balscdetan, though fourth Valscdetan the Trgam the devil.

Abu Yusuf prolific from Abu Obeida Abdullah said: The investigating. Jareer الوزي-Mansour Ibrahim for Alqamah from Abdullah that the Messenger of Allah e: It said the newly modern and we do not have, but it is for Abdullah, however, submitted to the Greer to the Prophet e, is the view of Abu Hanifa and Abu Yusuf and Abu Muawiya blind. عن حارثة بنت محمَّد عن عمرة عن عائشة ـ رضي الله عنها ـ عن رسول الله e أنه قال: Build at least. And Ata ibn Yasar from the Prophet e like him, and Abdul Rahman bin Auf: Builds at least, is to build on certainty; because less is uncertain, said Ali ibn Abi Talib: God does not punish the increase in doubt anyone. Ibn Abbas and Ibn 'Umar and Ibn al-Zubayr: Builds on the certainty »([7]).

Do you see how the issue and then I follow the remembrance of the directory, and then recounted the words of others, and assigned to by the owner, it is based on response to it, then his powers as stated then of evidence, and explain what has secret understanding or miss his.

2 The Book of the mother of Imam Shafei bright picture for this stage brightly, it came in the door of what will be after the burial «Shafei said: Have been informed about some of the past it is to sit at his grave if buried as far as the depth of the roots, he said: That's good, I did not see people we have يصنعونه the. The owner told us from Hisham ibn Urwa that his father said: What I like to bury Babakaa; because buried in other dearer to me, but it is one of two men; either unjust do not like to be next to him and favor either do not like to be published in the bones.

The owner told us that he had heard from Aisha, she said: «Break the Bone fraction Dead Bone neighborhood». Shafie said: Means in iniquity, but drove bones of dead loved to be returned Vtdvin, and I love not increased in the grave dust than any other, and is not that where the dust of the other good, if Zaid where the dust from the other rose too, but I would love to diagnose on earth Shubra or so, . Rawi said from Tawoos: The Messenger of Allah e forbade be built graves or Tgss. Said Shafei I have seen of the governors of the demolished in Makkah is built in, did not see scholars pointing, the were graves in the land owned by the dead in their lives, or their heirs after them, not destroy something that built them, but destroys the demolition of money can one torn down, lest forbidden …. Intercourse with the grave, sitting and reclining it, but that does not find a man the way to the tomb of the dead but that Atoh it is the subject of a necessity, please Hanniz that afford that God Almighty. Some of our companions said: Not bad I have to sit it, but forbidden to sit on it to defecate. Shafie said: This we have not said »([8]).

These texts represent the intellectual maturity in the elicitation idiosyncratic in that stage where he stated the matter and the story of the dispute, the statement correct them with the evidence and reasoning. It is also noted is the establishment phase and Altqaid of these imams Almtbuaan that استنار out and NHL of which came after them, but they added to it and renewed where, for every era of tender and each time his needs, and each phase characteristics, and each nation's characteristics) At that Let the competitors (([9]).

Phase II:

A phase of the investigation and subsidiarity, in the middle of the fifth century AH or end began a new phase of codification of Islamic jurisprudence, edit their differences and balance the views, and continued these stages to the end of the thirteenth century AH, as already indicated, however, that this phase of the extension of the duration and breadth of its time can be divided into :

1) First: Ending with the fall of Baghdad at the hands of the Tartars year six hundred and fifty-six, and characterized this stage of properties including the following:

1 ـ القيام بخطوة تعليل الأحكام، حيث قام فقهاء هذه المرحلة بتتبع أقوال الأئمَّة الأوائل وجمعوها، ثُمَّ ردوا الفروع إلى الأصول والجزئيات إلى الكليات، ثُمَّ استخرجوا من ذلك علل الأحكام التي لم ينص عليها الأئمَّة، ثُمَّ قاسوا على الأحكام الصادرة من الأئمَّة بواسطة العلل التي استنبطوها، وبذلك كان لهم الدور الفعال في توسيع نطاق الفقه، ونمو ثروته وازدهاره، وزيادة حيويته في مواجهة القضايا والأحداث المتطورة.

2 Shootout between words in the schools of Islamic jurisprudence different, and fatwas multiple issued by the imams first, and found that this huge number needs to process of organizing and arranging and discrimination, to carry out the distinction between the words of the imams have gone in what is known as Batorgih between these words, was a shootout between the two ways:

First: Weighting between these words in terms of the novel; sense that they have gone in the way cash in novels that passed for imams, then رجحوا between these novels in terms of the bond and the men who passed.

II: Weighting between these words in terms of know-how, in the sense that they رجحوا between these statements as those closest to the evidence, and is most likely assets, Aloliq the status at the expense of other words it was all is Bajtahadehm without restrictions.

3 Support the doctrines of imams as a result acceptable to the weighted budget after other views in order to reach the right and find out the wheat from the chaff, and then evolved after the debates it until it became an area of ​​the victory of the doctrines, and encouraging words on the last imam.

It is encyclopedic literature at this stage Statement Shara Where the owner mentioning the issue and the story of the dispute, and attributed to Qaúlah, then shootout with reasoning.

For example: What came in cases where he says: «Who claimed what he must of its borders, and lack of evidence for his claim, did not commit the defendant's right, not when Abu Hanifa must be right, and enjoined the right in the owner, Shafi'i, and the companions did Aoajabua right to claim theft; because Balinkol must money to the plaintiff»([10]).

And probably refers to the dispute without appointment also came to speak in terms of pre-emption, some scholars that the pre-emption in animals, and some of them said: No شفعة. And Abu Ali may Allah have mercy on him, said: The sword and the slave and the dress and the animal is subject to pre-emption, and he said: In the doors, wood, trees and R'ha St., water رحا, and hand رحا, and the Koran, all of this in which pre-emption if commons.

He said: Not pre-emption only assets of the funds, and not just that شفعة([11]).

Said Mark Alaotba deserts: Authorized some Mkhalvina of people talk to تغنم funds from the on Nahrawan religion, including protested narrated that the Prophet e, he said: «Does not exceed their faith in their throats, saying,: «While I أدركتهم the to Oguetlnhm kill and toss back, and some of them said: They are the most: That their money does not solve the spoil; because money Muslim. The view of al-Shafei. Some said: To say that we have mentioned the words of the people to talk, never يوافقهم it a.

It is a response this argument say: That Ali knew something Vlaokhzh said: I stayed quite close to two months and then a man came he took it, or its owner said he took([12]).

And disagreement wrote in Shafi'i statement at this stage of Amrani ((D. 558 AH)) It is of encyclopedic literature, where it is stated the matter and cites the dispute, and shows evidence for its adoption on the rules of the imam.

For example: What the fuck the nation where he said: The heat may not marry a Muslim nation entangling, whether pagan or written, said Abu Hanifa: He may marry the nation's written. Our guide says: ) And you could not longer to marry chaste believing it is proprietary of believing your girls (([13]). This indicates that it is not permissible to marry girls non-believers, and may heat to marry a Muslim nation on two conditions:

One: Be the exhaust of a length Mehr Free.

The second: Be afraid of hardship, which is afraid that did not marry her to afford his desire for sexual intercourse for adultery. This was also the son of Abbas and Jabir, may Allah be pleased with him, and follower Hassan and tender, peacock and Amr ibn Dinar and syphilis, and jurists owner and Awzaa'i.

Abu Hanifa said God's mercy: If you were not free under him marry a nation, but did not hide the hardship, whether he was able to free Friendship or unable.

Said Abu Yousef Revolutionary mercy of God: If hardship feared resolve him fuck the nation if not executed cm.

Osman said God's mercy: Permissible for him to marry the nation in all cases, Kaharh.

Our guide God's words: ﴿وَمَن لَمْ يَسْتَطِعْ مِنكُمْ طَوْلاً أَن يَنكِحَ المُحْصَنَاتِ المُؤْمِنَاتِ فَمِن مَّا مَلَكَتْ أَيْمَانُكُمْ مِن فَتَيَاتِكُمُ المُؤْمِنَاتِ وَاللَّهُ أَعْلَمُ بِإِيمَانِكُمْ بَعْضُكُمْ مِن بَعْضٍ فَانكِحُوهُنَّ بِإِذْنِ أَهْلِهِنَّ وَآتُوهُنَّ أُجُورَهُنَّ بِالْمَعْرُوفِ مُحْصَنَاتٍ غَيْرَ مُسَافِحَاتٍ وَلا مُتَّخِذَاتِ أَخْدَانٍ فَإِذَا أُحْصِنَّ فَإِنْ أَتَيْنَ بِفَاحِشَةٍ فَعَلَيْهِنَّ نِصْفُ مَا عَلَى الْمُحْصَنَاتِ مِنَ الْعَذَابِ ذَلِكَ لِمَنْ خَشِيَ الْعَنَتَ مِنكُمْ﴾([14]). فأباح fuck nation on condition of height and fear of hardship, it is not permissible to marry her only with the presence of these two conditions, the Mehr found free Muslim did not permissible for him to marry the nation of the verse, although it was not permissible for him to marry the nation; because he is afraid of adultery.

Although the exhaust to the length of a free Muslim and afraid to curse, and أقرضه man Mehr free, or agrees to free delaying the dowry, a solution has to marry the nation; because it harm بتعلق debt he owes, but make him a gift of dowry solution him fuck the nation; because it ment that »([15]).

The probably tells dispute in doctrine and correctable also said: «If found what buys a nation or what marry free writing is subject to the sides: One: He may marry the nation; because God clause in the marriage of the nation can not marry chaste believing women and the condition exists and the second: He may not, which is correct; because he does not fear hardship »([16]).

The books that have appeared in this period and continued to fame beginning of the industrious and the end of Savin deceased Andalusian Ibn Rushd 595 E, the mayor of researchers in studies of comparative jurisprudence (Balancer), It has a wonderful attitude wire in clarifying issues and display, after a study destination, then addresses these evidence and scrutiny ideas of the investigation, and shows the reason for the difference with penalties and pampering.

As stated in the talk about washing your hands in ablution, where he said: The scientists agreed that washing hands and arms of the hypotheses of prayer, the verse: ) And your hands to Utilities (([17]). They differed in the introduction of the facilities, he went public, the owner and Shafi'i and Abu Hanifa should be entered, and some of the people went Zaher and some owners Mtachri owner and Tabari that should not be entered into the washing. Why they differ in that the subscription in character “To” In the Name “Hand” In the words of the Arabs, and that the character “To” Times indicated in the words of the Arabs to end, and time, and the sense is “With”, And an understanding of the total of the three members hand enjoined entry into the washing, and an understanding of “To” Purpose, and the hand below the annex did not limit him inside in limited not Adkhalhma in Washing. And came out in his Saheeh Muslim from Abu Hurayrah: He washed his right hand until I proceed in the member, then left, then his right foot washing to proceed in the leg, and then wash the left as well, and then said: Thus I saw the Messenger of Allah e ablution ».

It is an argument for saying of enjoined entered in washing; because if word frequency between both concerned shall be limited to a concerned unless there is evidence.

Though “To” From the words of Arabs demonstrated in the meaning of the purpose of the meaning of “With”, And well as the name of Hand Show new With without to the humerus from him the With above the the humerus to.

فقول who did not enter the one hand, the significance of verbal swing, and the words of the insert on the one hand this effect Abyan, but that carries this impact on the scars, and the matter potential as we see, has said people «The purpose if the genus of a goal were entered into him, but were not ([18]).

2) The second section: From the stage of the investigation and identify the discharge Jurisprudence; begins with the fall of Baghdad at the hands of the Tatars in the six hundred and fifty-six of migration, and ended in the third century AH, almost characterized this stage of properties including the following:

1 Abbreviation authoring the ancient in a short phrases and of time, and perhaps in Tarakeeb intractable can be saved and Astzaarha.. And but perhaps are difficult to understand and can not be recognizing.

2 Annotations and footnotes for abbreviations closer to the puzzles them to الإفهام as well as free of the evidence and the ills of provisions, making it the need to annotations, then you need to footnotes to explain the explanation and redress it, and you need footnotes to تقريرات, you need التقريرات to comments, until he became the book one is aboard .

3 Carry out texts systems, ie systems shortcut texts from the words rhyme with weight and easy to save on students.

4 Codification of fatwas: It fatwas of scholars this stage in a statement some of the issues that have occurred in their covenant, and received them in different situations, and multiple times, then collected and arranged on doors jurisprudence known.

The third stage:

At the turn of the third century AH or an end, and with the entry of the fourteenth century scholars felt that the need for innovation in Islamic jurisprudence great his fortune, fixed assets and multiple branches.

This is the stage at which we launched: Renaissance and renewal stage.

Was marked by the characteristics of the most important are:

1 The official codification of legislation: The movement spread modern European codification of the early nineteenth century, and then saw the Ottoman state should pass laws to approve it, depending on the requirements of that era need arose the composition of the committee named Association Journal “Journal of the Assemblies”, Composed of seven scientists headed by Ahmed Cevdet Pasha, headmaster Court judgments of justice, and its members was to start Gentlemen: Ahmad clearance, Ahmed Helmi, members of the Cabinet of judicial judgments, and Mohammed Amin soldier, and Saifuddin members of the State Council, and Mr. Khalil inspector of Awqaf, Sheikh Mohamed Alaa El Din bin Abdeen. But the formation of this committee during the period of change work replace some of its members and Zaid other members.

The Committee was very authored a book in jurisprudence transactions, this is set easy outlet, naked from the differences, encompassing the selected words, easy reading on a.

وسبب التدوين كما أوضحته اللجنة في تقريرها الذي رفعته إلى الصدر الأعظم غالي باشا بتاريخ المحرم 1286هـ1859م هو أن علم الفقه بحر لا ساحل له، واستنباط دور المسائل اللازمة منه لحل المشكلات يتوقف على مهارة علمية وملكة كلية، وعلى الخصوص مذهب الحنفية؛ لأنَّه قام فيه مجتهدون كثيرون متفاوتون في الطبقة، ووقع فيه اختلافات كثيرة، ومع ذلك فلم يحصل فيه تنقيح كما حصل في فقه الشافعية، بل لم تزل مسائله أشتاتا متشعبة، فتميز الصحيح من بين تلك المسائل والأقوال المختلفة، وتطبيق الحوادث عليها عسير جدا، وعدا ذلك فإنَّه بتبدّل الأعصار تتبدل المسائل التي يلزم بناؤها على العرف والعادة.

The Committee began its work in 1285 (1869), Offered provided and the first book of the magazine on the Shaykh al-Islam and other shrines, and enter them as necessary, of civility and amendment, and then sharing members work فاشترك in some scripted team of them without the others, except by the Chairman, it participated in doors all know, has been arranged in 1293 AH (1876).

And finds browser magazine the justice they contain provisions on the one thousand eight hundred and fifty-one rule (1851), And is divided into an introduction and sixteen books, فالمقدمة the author of a hundred items, first in the definition of science and jurisprudence divided, and remaining in public college rules.

And the beholder to the idiosyncratic which Altzmth the doctrine of this magazine finds that they generally take of apparent wrote the novel when Alohnav, in the case of different words and multiplicity when Abu Hanifa and his companions was the magazine choose to say, corresponding to the needs of the times and the spirit and interest requirements.

Has remained so until 1917, until the state enacted a law for marriage and the band issued on behalf of the Family Law 8 Muharram 1336 AH, this law although it was originally on the doctrine of state Hanafi, but many of the issues taken from the rest of the Islamic sects, as in corruption marriage impeller, the invalidity of divorce drunk or impeller, and disperse the couple when discord and conflict, and other issues.

The continued attempts then identify the law of many of the Islamic countries on the basis of selecting the right people and the fittest of the perpetrators of the controversy in the schools of Islamic jurisprudence, and thus characterized this Postings Basma Islamic jurisprudence in terms of coverage of all known materials in the man-made laws, and feature Comparative Jurisprudence (Balancer) In terms of the selected views.

2 Printing and publishing manuscripts jurisprudence with achievable and comment on them, and perhaps explain, organized and indexed as well as indexed.

3 The establishment of scientific academies and the issuance of encyclopedias jurisprudence, and fatwas contemporary statement and emerging issues.

In the Muslim World League, held in Mecca in 1384 Hartf voice calling Mustafa Sibai when creating complex Method, to be Encyclopedia jurisprudence issued are included for all Islamic sects, and become a guide to the provisions of legitimacy, and to present their materials offer scientifically true, and in Arabic and translated into other languages, and began .

The attempts continued after that in some Islamic countries, but sometimes they are active and weaken the other depending on the changing conditions.

4 Conferences and seminars periodically jurisprudence, such as the Conference of Islamic jurisprudence, which is held every year in the state of Islamic countries, such as your seminar this “Jurisprudential evolution of science in Amman” Which are held every year by the Ministry of Awqaf and Religious Affairs, and the host gracious constellation of men jurisprudence and thought to consider issues jurisprudential different, and legal rulings multiple, particularly with regard to the renewal idiosyncratic, that fits the requirements of reality and the needs of the times and the people's interests.

The last prayer is that all praise to Allah, the Lord of the Worlds.



([1]) Narrated by Abu Dawood, in the districts, Maaz, modern 3592-3597. Tirmidhi in provisions, Modern 1327-1328; said: This talk do not know, but the face of this, not isnaad I Bmtsal, and it Abu Aoun Althagafi, named Mohammed bin Obeid-Allah, Ibn al-Qayyim said in informing the signatories, vol 1, p 202, and corrected.

([2]) Narrated by Bukhari from Ibn 'Umar, in the Maghazi, modern 4199.

([3]) Application of Islamic law in the Arab country, Sufi Abu Taleb, p 30.

([4]) Islamic jurisprudence, Madkour peace, p 91.

([5]) And evolution of Islamic jurisprudence, Gad al-Haq Ali Gad al-Haq, pp. 80-81.

([6]) Islamic jurisprudence, Madkour peace, p 91.

([7]) Look: Entries major, Abu Ghanem al-Khorasani, c 1, pp. 100-101. Ministry of National Heritage and Culture, Oman, 1404 1984.

([8]) Look: The mother of Imam Shafei, C 1, pp. 277-278, short, Knowledge House, Beirut, Lebanon.

([9]) Mutaffifin, Aya 26.

([10]) Look: Shara statement, the Canadian mark, vol 33, p 311-312. Ministry of National Heritage and Culture, Oman, 1412 -1991 m.

([11]) Ibid short.

([12]) Luminance, to Aotba the deserts, vol 3, p 405, to conduct a shortcut, (Ø) Ministry of National Heritage and Culture, Oman, 1411/1990.

([13])Nisa: 25.

([14]) Nisa: 25.

([15]) The statement, Abu al-Hasan ibn Abi Khair neighborhood Shafei Yamani, c 9, pp. 264-265, i 1, Dar curriculum for printing and publishing.

([16]) Ibid, p 266.

([17]) Surah: 6.

([18]) Look: Beginning of the industrious and the end of the economizer to Ibn Rushd, C 1, pp. 366-368, i 1, Dar scientific books, Beirut, Lebanon, Abbas Ahmed El-Baz, Mecca, 1416 -1996 m.

 

*Evolution science symposium in Amman during the fifth century AH “Authoring polymath and comparative jurisprudence”

Set up by the Ministry of Awqaf and Religious Affairs in Muscat

Daily 25- 27 Muharram 1426 / 6- 8 March 2005

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