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Comparative Jurisprudence and controls Alaotba model

Comparative Jurisprudence and controls

Alaotba model *

D. Mustafa bin Saleh Pago([1])

 

I will address this topic in two axes, the first comparative jurisprudence rules and controls, and the second on Alaotba and book light, as a model of comparative jurisprudence.

And a summary of the research plan as follows:

The first axis: Comparative Jurisprudence: Rules and regulations:

First: Concept and evolution.

Secondly: Rules and regulations.

Importance and purpose of comparative jurisprudence and rules.

Ibadi contribution to comparative jurisprudence.

The second axis: Alaotba model of comparative jurisprudence.

First: Personal Alaotba and book light, and this book features.

Secondly: Landmarks comparative jurisprudence in Luminance:

A = dealing with consensus art difference.

B = arrange Alaotba between evidence.

C = intellectual independence in the views Alaotba.

D = the impact of language on the jurisprudence of Luminance.

Conclusion.

The first axis: Comparative jurisprudence and rules

The concept of comparative jurisprudence:

The term first jurisprudence in the chest of Islam means: Provisions of all religion, science, or is «self-knowledge and([2]). And falls beneath the flag sharia, faith and ethics. Then term is restricted to identifying provisions relating to acts of law in the areas of worship and transactions, and sets defined as: «Science Islamic rulings process syndrome detailed evidence inference»([3]).

The purpose of the inventory concept of jurisprudence in the practical field, without issues beliefs and morals facilitate the study of the possibility to take those provisions, without separating the application between what was practically what was nodal or behaviorally, since not imagine applying jurisprudence practical without ground nodal or basis of morality, and only .

The concept of comparative jurisprudence, did not mean scholars seniors selected, despite exercising his writing in his themes extensively adequately represented in the encyclopedias doctrinal دونوها, then we have inherited the legacy of precious priceless, and Olvenaha integrated system of legislation characterized inclusive in approach and justice in the application, including not .

Of those encyclopedias jurisprudential: Statement Shara Mohammed bin Ibrahim Canadian Ibadi, in seventy-two volumes, and Badaa'i for Cassani Hanafi, Total explained polite for a nuclear-Shafei, and the beginning of industrious Ibn Rushd al-Maliki, and the singer for Ibn Qudaamah Hanbali, and local Ibn Hazm virtual.

وقد عرّف المُحْدَثون الفقه المقارن بأنه «تقرير آراء المذاهب الفقهية الإسلامية في مسألة معينة، بعد تحرير محل النـزاع فيها، مقرونة بأدلتها، ووجوه الاستدلال بها، وما ينهض عليه الاستدلال من مناهج أصولية وخطط تشريعية، وبيان منشإ الخلاف فيها، ثُمَّ مناقشة هذه الأدلَّة أصوليا، والموازنة بينها، وترجيح ما هو أقوى دليلا، وأسلمَ منهجًا، أو الإتيان برأيٍ جديد، مدعمٍ بالدليل، والأرجح في نظر الباحث المجتهد»([4]).

Outlined words, defines the concept of comparative jurisprudence that “Collecting different doctrinal views and straightened, and balancing seek evidence, and weighting of each other”([5]).

وواضح أن منهج الاستدلال في الفقه يقوم على أصول مشتركة وأدلَّة متفق عليها بين المجتهدين، مِمَّا يوحد السبيل الموصلة إلى الحكم في الغالب، بيد أن ثمة أسبابا تفضي إلى اختلاف الآراء والأحكام المستنبطة من النصوص والأدلَّة الاجتهادية، تتعلق بطريقة تفسير النصوص، والترتيب بين الأدلَّة عند التعارض، أو اعتماد بعض القواعد والأدلَّة التبعية عند بعض الأئمَّة دون بعض، كالخلاف حول مفهوم حجية المخالفة بين الحنفية وغيرهم، والاختلاف في الاحتجاج بالاستحسان أو المصالح المرسلة أو حجية قول الصحابي، وموقف الظاهرية من إنكار القياس، فضلا عن عدم الإحاطة بكل نصوص السنة النبوية أو معرفة ناسخها من منسوخها، كل ذلك وغيره من الأسباب كانت سببا لتعدد آراء المجتهدين.

Differing scholars does not mean at all fundamentally different in assets Sharia rules, it is the diversity of routes and rules of interpretation of these assets, the fruit of a discrepancy between hardworking in the adoption of these assets, and thus handed rules and general theories of contradiction, but we found a difference of branches as a result of the unity of assets and sources of elicitation.

Despite this diversity integrated wealth jurisprudence it has become necessary to examine these views and knowledge Rajehha of Marjouhha and Qoimha of سقيمها, scientific approach Rezin; based screening right and arbitration assets adopted by the Muslim government balance reliable for devising and diligence, and the balance between evidence and weighting them when conflict.

This is a function of comparative jurisprudence understood, and that is than practice, a Semitic message and a heavy responsibility; they aim to very noble is rounding between interpretations and closer monitoring views to the destination street wise, and Oovgaha to achieve the interests of holders.

The emergence of comparative jurisprudence:

The breakthrough jurisprudence since the time of the Messenger of Allah e as the first mufti, was among the people that came down to him from the Koran, and the development of the Companions diligence approach, and trained in the Proceedings of many, was Ikarham when injuring, Asddhm for if not so right.

Has informed them varying their rank, saying: «Succulent God Amroua heard my Vuaaha article Vadaha also heard, and Lord of the amount to is smarter»([6])Then he mentioned the names in multiple areas of jurisprudence, he said: «Inform you Halal and Haram Maaz, and Avredkm Zeid, Oqdhakm Ali», and towards Ammar bin Yasir while Tmek in the dirt instead of tayammum for washing, and acknowledged Amr Ibn El-Aas on Imamth his companions in prayer has tayammum janaabah, he Sahabian who صليا Btimm, and then very water, terrifying : «I was the year, and said to the one who restored: «You pay twice. Companions ordered following the end of a foray to go to Bani Qurayza urgent, and said to them,: «No one of you pray only in the era Quraizah, but towards peace in the way in time, and prayed in Quraizah after time. The team professionally committed to the text, and the team for wire reasoning, and the adoption of the purposes of street wise.

The spread of this course good throughout time message, and did not find companions hardship nor embarrassed after the departure of Mustafa to the higher ranks, but found themselves qualified for this task, Vhsmoa issues emergency emerged from the death of the Messenger of Allah, such as determining where his tomb, and the inauguration of his successor, and the fight against those who withheld Zakat, and is .

And we can say: The comparative jurisprudence arose with the emergence of schools of Islamic jurisprudence, and its origin dates back to the debates that have between imams doctrines, which preserved their blogs, or record their pupils, like Him Imam Malik in Muwatta of his letter to Layth ibn Saad, and the contents of the book “Mother” Shafi in disagreement with Abu Hanifa, and Ibn Abi Layla, and the Abu Hanifa difference with Ouzai. As well as the difference Shafei with the owner, and other.

Jurisprudential and wealth grew wide land of Islam and تهاطل new issues on the jurists of the companions, and sought a veneer of Sharia on all confronted with the problems of religious and social, political and economic. And Snnhm delightful pupils of their followers, and then after them imams and hardworking.

There are many codes scientific spotted these dialogues between the imams, and saved, as scored Alnisabure in “Overseeing the doctrines of the people of the dispute”, And”Different scholars” Abu Ja'far Tahawi, and”Establishment of” Debussy, as well as Tabari, Qurtubi and interpretation, as well as wrote the annotations year, which includes abundant abundance of dialogues jurists, مناظراتهم, and so is the comparative jurisprudence in its practical realism.

Nor deny fair what was characterized by the first centuries of the path of Islamic jurisprudence of feature liberal to seek legal judgment, then Andoaúha then under restrictions commitment sectarian dear sometimes in subsequent centuries, and spread this stage for a long time known era stagnation and isolation, and popularized the fatwa sanctity . Then cemented the concept of turning famous doctrines, and the sanctity of off them, and consider what else out right distancing approach for the guidance and the right.

All this was narrowing wide, and a stone on the minds, down by the book, not favored by God to the people. When invited for invoking his book and the Sunnah of His Messenger u, and did not make the right argument only two, and all the people Mahgjrn, Muftkaron him, and all the world is taken opinionated and is only the author Mustafa) and speak of passion (([7]), If this is true, it modern and proved that.

And equitable efforts blessing continued in Renaissance recall well flags sought to remove this acrimony among the sects, Venshawwa Allah and the Messenger, and built bridges between Muslims, and called to take advantage of the product scholars of Islam, as Vqham Walid consider the draft in evidence provisions, not Walid Hui runaway or .

فكلهم من رسول الله ملتمس غرفا من البحر أو رشفا من الديم([8]).

It was known universities in the Arab and Islamic worlds teaching comparative jurisprudence in the colleges of Sharia and Law, rolled undergraduate sober manifestation of this jurisprudence of its resources, and do justice to the efforts of scientists in establishing rules, and offer the world legislative system combined gurus thought the woven and codified, Fsharvt people, and proved Highness and fairness, not .

Different reasons scholars:

Why the difference between the scholars of Islam?

A legitimate question, waiting for an answer panacea, and this answer is a necessary step to remove the veil Randt ideas team of people purports to explain this phenomenon, and perhaps inspired by some biased that this difference evidence of the non validity of Islamic jurisprudence to keep up with the times, and it is not worthy of the accession place Sharia governor, and system . Rated as mystified as any words to choose, how to distinguish between right and wrong in this vast amount of words and interpretations.

The fact that the differences on human nature that God's people in it), if thy Lord willed to make people of one nation and still different, but from the womb of your Lord that created them (([9]).

It wants the will of the Creator U Ablo people in this difference, the wisdom manifested some secrets, hidden on the minds of many.

But the difference does not necessarily entail right and avoiding wrong, the brook case Onzara, all right various considerations, and can be invested in the circumstances and on several occasions.

The Amplified fundamentalists in the analysis of the issue of right and wrong in the diligence, and concluded that it widely in the field of branches, not forbidden on a different interpretations where, but perhaps more satisfactory goes against the aim street from the mitigation on taxpayers and choose what suits their circumstances and their environment, and the diversity of customs and check their interests([10]).

The reasons for the different scholars on objective factors as well as, Oovaha scientists and scholars in search of, essentially summarized in the following elements:

– The difference in readings.

– Difference in the science of the Year of the Prophet.

– The difference in proof of the year and accept News.

– الاختلاف في تفسير النصّ لاحتماله دلالات متعددة، وما يتعلق بذلك من قواعد أصولية لتفسير النصوص.

– The difference in the burner and copied.

– Difference due to measurement, or identify the illness, and provide measurement strips.

– الاختلاف بسبب المصادر الاجتهادية، كالاستحسان والعرف، والمصالح المرسلة([11]).

Jurists has made Diligent and power to a statement provisions for people, though varied, including opinions and interpretations.

The common denominator between those flags they were Leaderboard their communities, on mission author, and part-time message Alnmarh and statement, in response to the commissioning of the Koran) Without a group of them a wide band to يتفقهوا in religion and warn their people when they return to them so that they might warn (([12]), Then God has enjoined the familiar question, he said holders: ) Ask the people of the Reminder if you do not know (([13])God singled them knowledge of jurisprudence and the ability to elicitation) if bunker to the Prophet and to the rulers of them knowing who the Istnbtonh them (([14]).

وانطلقت مسيرة البناء الفقهي بجهود متضافرة من قِبل أئمَّة مجتهدين نذروا حياتهم لهذا الدين، وتعلق بهم تلامذة مخلصون، خدموا تراثهم تدوينا وتعليما، ونشرا وتأصيلا، فترسخت تلك الفتاوى وتكاملت مناهجها وعرف المجتمع المسلم مدارس فقهية متنوعة، تنهل من معين الكتاب والسنة، وتتعدد وجهات نظرها بناء على اختلاف مسلك كل مجتهد وتلامذته في التعامل مع النصوص والأصول، تفسيرا وبيانا، وترجيحا وميزانا، وقياسا واستحسانا.

Then came efforts to balance those views and trade-offs, for the purpose of identifying the closest to the right and edit them in the balance of Shara, he started the term comparative jurisprudence([15]).

Jurisprudence actually log:

Islamic jurisprudence record reality and the image of the community, including its content of detailed follow-up of the facts of the daily life of the individual Muslim and the community alike, and cut his various painted in accordance with Islamic religion.

He wrote fatwas particular model neighborhood for this picture, however, we find her matches in the books of fiqh general, we have seen in the book Luminance example accurate so as not just a workbook to jurisprudence theory, but we found the record adequately the issues of historical and social, economic and political known Omani society where .

I think that those glimpses adequate suitable material for historical study carefully reveal the importance of scholars identify the date, and preserve the memory of the community though not their goal nor Mntalgahm in what they wrote, but those nature of their work as pioneers of the community and guided him to assume his status under the umbrella of the provisions of Islam and Sharia tolerant([16]).

Since our knock Alaotba model of comparative jurisprudence, it is appropriate to note that the book “Luminance” Represents a vivid picture to address the social reality in the jurisprudence, of evidence that his fatwa: That came out to help Qaramita over the host of the Imamate in Sohar, he broke his fast, he must spend the fast is broken, and it is not so, and he has to repent of order([17]).

This provision is based on the opinion of Ibadi travel sin does not prevent the use of the license, as opposed to those who said: That sin is not granting licenses, it traveled in obedience or permissible, he has to complete the prayer has not permitted him to break his fast in Ramadan([18]).

Comparative Jurisprudence and flag dispute:

It may seem that there is a similarity between comparative jurisprudence and aware of the dispute, but they are different jobs and Achtbha means.

He knew the difference is defined as “Iktdr flag on sub-keeping provisions was a difference of opinion among the imams, or demolition of the report of the legal arguments and rules of evidence”([19]).

The comparative jurisprudence is also mentioned displays the views of scholars then examines evidence, Amahsa, and eventually finds support weighting proof.

فهما يلتقيان في عرض الآراء الفقهية، والموازنة بينها، ويختلفان في صفة الموضوعية التي يتسم بها الفقه المقارن، ويفتقد إليها علم الخلافيات، فكان لزاما أن تختلف النتائج بينهما، وإن أمكن اتِّفاقها أحيانا على سبيل الصدفة ووقع الحافر على الحافر ليس إلاَّ؛ لأنَّ الغاية في الخلافيات نصرة رأي الفقيه أو المذهب وتقريره، والغاية في الفقه المقارن نصرة ما أيده الدليل، مهما كان قائله، سواء احتواه حضن المذهب أم كان خارج دائرته.

Importance and purpose of comparative jurisprudence and rules:

The importance of comparative jurisprudence as an approach to rework the system jurisprudential duly agreed, and the removal of acrimony artificial between the followers of jurisprudential schools, and valuation efforts flags of Islam in the jurisprudence of the text and the jurisprudence of reality, and the distinction between their opinions according to what works of the era, not based on the proportion say to a person or group .

Hence we manifested features of comparative jurisprudence, and controls which charts its course and determine its direction, which is: That is based on the encyclopedic to see, and objectivity in judgment, and courage in the budget and weighting, and will not be the only available to anyone who has mechanisms and technical tools diligence and objectivity, according to separated assets scientists in terms of industrious, and the rules of the diligence process.

The process of ijtihad on four pillars, is the following elements:

Located under consideration by the industrious including swishes of the circumstances, فيبذل effort to see the ruling, whether they are prescribed or non-prescribed.

Directory, which is based industrious to build the appropriate sentence for those located shop diligence, and vary between the text of evidence is evidenced by then explained, or inference measure on the origin provided for, or interest observed, and evaluates among other provisions it considers reasonable, or native Kelly saw her account.

Established discretionary Queen, which: Industrious ability to deal with the incident and directory, and alignment between them or link them to reach the required rule, which requires Derbe and Mrana, and experience are the result of the length of practice and experience to the provisions of Sharia understanding and interpretation, and Astenbata and Downloads.

Application of the provision applied lucid, a fruit the real process of ijtihad, taking into account everything that surrounds the issue of the circumstances, because of its significant impact on the final judgment, and the fate of a practical level applied, and this is what was termed diligence applied based on taking into account the fate and the final results of this application([20]).

On the basis of these elements we can determine the goals of comparative jurisprudence in these goals:

First: Learn how to eat all Mojtahed matter under consideration, and how inconceivable it, or adapt it, and what are the evidence taken as a basis for judgment, and the method of direct that evidence. In this recognition come to imagine the reality of Islamic jurisprudence of the easiest methods and أسلمها, and assessment of that reality objectively.

Secondly: Enrich the perceptions of the researcher as a result of the sail and erudition on what was released in the disputed issue of discretionary views.

Thirdly: Mastery of the budget minute between substantive evidence that it issued المجتهدون the budget relies consider in each directory fundamentalist hard-working, to show how powerful, is also dependent on the validity of استدلاله.

IV: In-depth understanding and identifying “The origin of the dispute” Or caused by, and the concentration of research in this origin to show weakness or strength in it, to be helpful to him as a first step, or an introduction to the weighting of opinion which is based on strong reason, and the face of this statement shootout.

V.: The ability to reconcile conflicting views that seem outwardly, without costing or Aatsaf, for the purpose of narrowing the gap between hardworking leading to show the face of the right to Ghalib thought industrious researcher.

Sixthly: Make way for researcher Muqtadir to express an opinion discretionary New Powered evidence he sees the strongest bond of all Ir upon evidence of diligent, especially noting the different circumstances, which have a profound effect on the formation of bug governance, vary the results of the application depending on ملابساته, money considerable unintended legally in the legislation . This is what drives jurisprudential studies blessed steps towards rooting and development, and keep up with the reality of life in.

Seventh: Spirit of tolerance among the followers of sects, from researchers and end بالعامة imitators, and thereby eliminating the factors fanaticism and emotional tendencies that prevailed in Islamic jurisprudence for long.

VIII: The originality of thought configuration discretionary, and established refining Queen, and personal achievement science fair, to demonstrate the facts Shara, and the province with a view to the street, and an investigation has, following the requirements of evidence in toto.

IX: Revival of Islamic Heritage authentic and valuable, which is the most precious products of the civilization of Islam, and employ this heritage on the ground in our present and future([21]).

ودونما إسهاب في طرق قضية تجزؤ الاجتهاد، فإن منطق الواقع يقضي بحسم المسألة وموافقة القول بجواز تجزؤ الاجتهاد، وهو رأي جمهور علماء الأصول، فلا يشترط فيمن يتصدى للمقارنة بين آراء الفقهاء أن يكون ملما بالفقه كله على ضخامة حجمه، وتشعب مسائله، بل يكفي أن يكون على دراية وافية بالموضوع الذي يطرقه حتى يستطيع الموازنة بين الآراء عن علم وبصيرة، ويكون رأيه في النهاية سديدا، أو قريبا من الحق الذي هو مقصود المجتهدين أولا وأخيرا.

Ibadi contribution to comparative jurisprudence:

Contributed Ibadi school like their counterparts from schools of Islamic jurisprudence good efforts in the field of enrichment doctrine by making comparisons between the views of scholars, both within the same school, or between different sects, an approach that has been working since the early era of codification jurisprudential literature at this school.

The reason for that is that the Imam Jabir bin Zaid doctrine was back his disciples to consider independent, she did not follow his sacred tradition, but Following the argument and evidence, and were therefore not stand when his views, but infraction in many of them, if any justice with others. Also grew sober scientific dialogue between his students and disciples of his disciples also, and kept us Blogs jurisprudential first such dialogue in many situations.

In the book “Blog” Developed by the Abu Ghanem humans bin Ghanim al-Khorasani in the second century, models and abundant dialogues scientific interesting among these students, and the extent of their commitment to impartiality and objectivity in the weighting of views after the debate, even if the views of non-imams doctrine Kjibr and Abu Obeida, spring and others.

Then we found later Blogs full of blooming this scientific spirit, and طافحة lists the views of leaders of Muslim jurists without discrimination or bias.

And browse quick process for those codes find the frequency of those names a lot in the early Ibadi books, such as a book “Whole” Ibn pond Pahlavi (The fourth century AH), And”Seed” Ahmed bin Abdullah Al-Kindi, (S 6 e), And”Statement Shara” Mohammed bin Ibrahim Al-Kindi (S 6 e), And”Justice and fairness” And”Evidence and proof” Abu Ya'qub Allowargelana (S 6 e) And”Asked Khalafon” Abu Ya'qub Yusuf bin Khalafon Almzzati (S 6 e), And end books latecomers, as”Crown” Abdul Aziz Thamini (T.: 1223AH / 1808 AD), And”Explain Nile” Pole imams M'Hamed Ben Youssef Tfayyesh (T. 1332 AH / 1914 AD), And”Qubool hopes” And”Explain datum spring” And”Imam Salmi answers” Noordin Abdullah bin Humaid Al Salmi, (T. 1332 AH / 1914 AD), And contemporary fatwas, k”Fatwas Sheikh Ibrahim eggs” (T 1401/1981) And”Fatwas Bakri” Sheikh Abdul Rahman Buckley (T 1406/1986), And”Fatwas” To allow And Sheikh Ahmed bin Hamad Al Khalili.

The book is organized “Luminance” للعوتبي في سلسلة هذا الجهد الطيب، ويتصدر نتاج العلماء الأوائل لهذه المدرسة، إذ حوى آراء فقهاء الإسلام منذ عهد الصحابة إلى عصر المؤلف، يوردها ويذكر أدلتها ومستندها، ومبنى استدلالها بتلك الأدلَّة، ثُمَّ يوازن بينها، ويرجح منها ما اعتضد بالدليل، وقد يوافق بعضها، وقد ينقضها، ويختار رأيا غيرها، سواء كان لأئمَّة الإباضيّة أم لغيرهم، دون خوف أن يقال عنه وافق مذهبه أو خالفه، إنما غايته أن يقال وافق الحق، ولم يجانب الصواب.

The text of Imam al-Salmi this curriculum while ills lack percentage doctrine of Imam Jabir bin Zaid, and reverse to the rate of Abad because of his fame among the people because of his political positions of the Umayyad while turning the succession to King Edod. While not attributed Ibadi themselves Imam Ikldonh, because it is not permissible to imitate a be an argument with God but Allah e.

The second axis: Alaotba model of comparative jurisprudence

Definition Alaotba:

Is the jurist linguistic sign, Alnsabh, Abu Mundhir Salamah ibn Muslim ibn Ibrahim deserts Alaotba the relative to Aotb the town of Sohar in Oman.

And agrees researchers ambiguity time period in which he lived Alaotba, given the dearth of information available about it, and many of his counterparts from scientists Amman, who is famous for their work and ignore their persons, based on an urgent desire to keep away from the limelight and focus attention on the business not people, which was born poor in sources .

As a result, estimates differed on the time Alaotba percentage of each to the fourth century AH, while he considered Sheikh Shamis البطاشي scholars of the first half of the fifth century AH([22]). The domesticated for this including conclusion in his book “Genealogy” When viewing historical events, with stops in the facts back to the beginning of the fifth century AH([23]).

The Sheikh Ahmad Al Siyabi opines that he lived in the late fifth century and the beginning of the sixth century, according to tell him about the book “Arab population ratios” Andalusian Ibn Hazm who died in 456 AH([24]). It is also the opinion of Sheikh al-Khalili استدلالا Bnicolh texts from the writings of Abu Hamid al-Ghazali (d. 505 AH)([25]).

Of Oheachh judge jurist Abu Ali al-Hasan ibn Said bin Quraish Alakra, Alenzue, who died in 453 AH.

As mentioned Sheikh Ahmad Al-Khalili of elderly pond Pahlavi, but Sheikha proxy, he says it: “Shaykh Abu Mohammed said”He lived indoor area in Bahla, and his disciples spread across Oman, learn from them Alaotba. Sheikh Abu Malik Asalana Shikha pool, a Slan villages Sohar([26]).

And disturb this conclusion contained in the letter of brightness of the text attributed to Abu Abdullah Osman the deaf, who died in 621 AH([27]). In these texts formula mercy on deaf Is sphincter or came after him? ([28]).

And agreed that the most famous scientists of his time in Amman, and authors المجيدين Almktherin authoring([29]). The personal moral and doctrinal scientific and encyclopedic, نسابة scholar well versed in the language and doctrine and dogma([30]).

Effects Alaotba:

Immortalized Alaotba named including behind sober scientific heritage, language and science and jurisprudence genealogy, has come down to us from those treasures written by the following:

First: Book designation in language: It is a linguistic dictionary rooting for the meanings of words with his attention on the audio side and semantic, has been achieved by Dr. Abdul Karim Khalifa, with a group of researchers, under the auspices of the Ministry of Heritage in Amman, printed in four large volumes.

Secondly: Genealogical book: The book includes detailed important lineages Omani tribes, as well as historical material of the previous Nations principle of creation to the era of Islam.

The book is the only book that lineages me Omani tribes Bonsab, and included many of these tribes but Istqsa all, is truly important and original source of the lineages of Oman([31]).

He was granted the book wide fame and spread his manuscripts in the libraries of the world, and became an argument for those who came after him from historians Omanis, «What the author of the Omani history only out article in the roles first Omani history of the book Alaotba, and of the author in the genealogical Omani or interested genealogical only ([32]).

Thirdly: Book Luminance: A jurisprudential Snfredh book with a wider, as our research on comparative jurisprudence.

Landmarks book Luminance:

The book “Luminance” Encyclopedia of doctrinal absorbed the doors of Islamic jurisprudence comparison between the views of Ibadi and other scholars of Islam. It can be considered one of the oldest encyclopedias comparative jurisprudence in the Islamic Heritage.

And hit the ground running scientific Alaotba and cognitive capacity, and the originality of his predecessors in the literature, we have remained forgotten not Tnlh efforts scholars until recently, when these books published researchers realized any world Alaotba was, and any precious legacy behind for generations.

And efforts to definition Balaotba and heritage scientific symposium hosted by the Literary Forum of the Ministry of National Heritage and Culture in Amman under the title “Readings in deserts Alaotba thought”([33]) Shed light on these efforts, and opened the doors for further studies and research for those who wanted.

However, the observed lack of eating idiosyncratic side in Alaotba thought, although the magnitude of the effort made by it, in size, with a total of Attribution “Luminance” Twenty-four volumes, reprint them eighteen part so far, and perhaps the reason is due to the delay in the publication of this book, and its release sporadically, which prevented a full concept the Aotba jurist industrious, and the predominance of linguistic Alaotba image writer.

And noteworthy that the book Luminance is not a book of jurisprudence, but also is a source of know the views Alaotba fundamentalism, has revealed the ability of the diligence Boath shrine comparison between the views of scholars and devoted to the issues of asset most first three parts, then singled to understand the remaining parts.

We have dealt fundamentalist views within the PhD thesis “Approach diligence when Ibadi” And demonstrated to us through originality and personality fundamentalism compared Ibadi imams, and the extent of his contribution to the development of the science of assets at this school([34]).

Book ratio Luminance Aotba:

Ibadi sources gathered on the proportion of the book Luminance for Aotba, did not differ in that ancient and Modern, the book has been printed in eighteen volumes, we do not know is completed edition or the rest of it still has not seen the light of print?!([35]).

The Sheikh said Khalili curtains selected parts of the book and that it amounted to fifty part, and endured for Brady Sorry, it may some parts Vhzr felt totaling not seen it full([36]).

However, there is a systemic problem within the book itself, is to incorporate the provisions of brightness by the scribes, and examples of such listings, the words “Luminance”([37])، “It is a book influential father”([38]). “It is photophobia and Zakaat al-Fitr”, And sometimes we find the words “Returned to the book Luminance”([39]).

This has become necessary to pay attention to this issue by scholars until Istothagoa than the opinions and views of the author of the book without the other.

Reason authored Luminance:

Male Alaotba reason and put his book: «أما بعد، فهذا كتاب دعاني إلى تأليفه، وحداني إلى تصنيفه ما وجدته من دروس آثار المسلمين وطموس آثار الدين، وذهاب المذهب ومتحمّليه، وقِلّة طالبيه ومنتحليه، فرأيت الإمساك عن إحيائه، مع القدرة عليه، ووجود السبيل إليه، ذنبًا وشؤما، وذمًّا ولؤما، فألّفته على ضعف معرفتي، ونقص بصيرتي، وكلّة لساني، وقلة بياني، طالبا للأجر لا للفخر، وللتعلم لا للتقدم، وللدراسة لا للرياسة، غير مدّعٍ للعلوم تصنيفا، ولا مبتدع للفنون تأليفًا، لكن لأحيي به نفسا، وأفزع إليه أنسًا، وأرجع إليه فيما أنسى، ولأستصبح بضيائه مهتديا، وأصبح بما فيه مقتديا، إذ التشكك معترض والنسيان ذو عنون، والحفظ خؤون، ولكل شيء آفة، وآفة الحفظ النسيان»([40]).

Size of a paperback book Luminance:

Text Alaotba that the size of a large book, and that the larger the book abounded benefits and utility([41]), And the goal of this, saying: «It is not surprising that the old book and it abounded doors, but I'm propagation and prolongation Mujban leave Almlalh, but not everywhere improves the shortcut, and not everywhere improves a lot, and it was said to Abu Amr ibn al-Ala: Are Was Arab prolong? : Yes, to hear them, it was: Was it outlines? : Yes, it saves »([42]).

Said: «Have interpreted all of the material in this book utter stranger and meaning wondrous to be able to do without interpretation for referred to the other, that the purpose intended, and purpose Thread him is jurisprudence which is the origin of science first and best, and for which the imam and completed, and it devises all knowledge and it adjusts ([43]).

He wishes Alaotba if made from his book comprehensive encyclopedia of all the sciences, but this goal is Merom, was incapable former, and apologized so for himself, a story about «Muhammad ibn Ishaq he wrote a book in terms of over four thousand paper, the art one, how much such or ([44]).

The book is its content and approach and Mosusath tomorrow source of the subsequent books Oman, but also benefited from Moroccans, as mentioned in the book explain the Nile pole Tfayyesh in twenty-one subject, but without mentioning Alaotba name, but contained the words: “In Luminance”، “And said in light of the books of our companions”، “He said the owner of Luminance”([45]).

Content of the book:

Eating in the first book subject of science as an introduction methodology, exposure where مباحثه detail, starting with the sense and grace and honor of his family, edema ignorance and his family, and devoted Papa of the mind and another for mattresses scientists, and the necessity of إكرامهم and تبجيلهم, and Papa to induce the application of science and ethics of the teacher and the learner to collect the fruit of science, then followed .

He then moved to the practical side of an assignment from the basis of a consolidation and the necessity of carrying on science and insight, it is not right in the Oneness of God ignorance nor tradition.

Then concluded doors uniformity starting qualities God U and indicate where the fact and metaphor, and what may and what may not, and the separation of say in the Investigation qualities the disputed among Muslims, as a matter of seeing Bari, also took the interpretation of the word of Tawheed and contained connotations and required from the consequences.

And went on to talk about fate and destiny and livelihood statement and asked the pension.

And returned to the provisions of the Koran, and its attached issues of jurisprudence, of the arbitrator and similar, and do's and don'ts and news from the Prophet e, and what can ignorance and ignorance can not.

As eating assets Investigation and measurement, then chapters devoted to a statement of terms of religion and faith, Islam, and disbelief and polytheism, fornication, apostasy and provisions, which was termed the names and sentences.

Then DLF to topics starting jurisprudence and provisions Btharrat, then prayer and many doors, Vsaúr the five pillars of Islam of fasting, almsgiving and pilgrimage, and from the words and deeds and statement types of Mfiraudhat Msnont and Msthbat, Issues on Nullifiers.

Provision books and doors detailed and lengthy to the provisions of slaves and marriage, and the difference wedlock, and the subsequent rights, and the provisions of the judiciary and the suits and how to spend rights and salvation of them, and bail and transfer, and the provisions of the injured, guarantees and disputes, and the events of the boys, and the recognition of the rights and Zakat and Hajj, fasting and vows and emancipation, and the provisions of wills and inheritances details مسائلها.

He then concluded to the door of speculation and provisions, trade and company and advances, peace and mortgage custody and transfer and sales and provisions in detail, then option in sales, and fraud where and injustice, and defects which are the sales, the sale of the mighty and irregularity, and stamped door usury then defects beasts and slaves and slave.

And eating the provisions of the the orphan and the his and his wealth expense, and Commandments therein and what permissible for a a guardian and the agent and the charged an orphan in the orphan money, and the attainment of the orphan and the his senses and the provisions of the the civil the boy and of undernourished.

Then he talked about the company among the people in the money, houses and springs and the rights of the owners, and then concluded and provisions of the division.

The chapter on the roads and events and provisions and Harimha, valleys and mosques, tombs and land Torrent.

And sealing work the land and workers in money and Chapter and construction, and the provisions of workers in wage and leases and the people of industries.

 

Landmarks comparative jurisprudence in Luminance:

Approach Alaotba division brightness:

Paint Alaotba impact'm swimming in the book was released when he was found to the issues of science assets after wisest casting entrance lumpy and identify issues, then launched into his encyclopedia Absorber doors of Islamic jurisprudence as was shown the previous view how absorbed open from Tharrat prayer Vsaúr worship, then transactions of Marriages .

The approach in the presentation of topics, we can take a picture of him in the door model prayer, he began included by the meaning of the word and uses language, with evidence, of the verses of the Koran and Arabs felt([46]), And then view the conversations contained in the word prayer, and the separation of their meanings([47]) And between length interpret modern: «Muezzins longer people Oanaca day Resurrection»([48])Then he mentioned the names of the muezzins at the time of the Messenger of Allah e They Bilal Ibn Umm Maktoum Abu Mahdorh, and something of the biography cited Bilal t([49]), Then how to start a prayer and vision Abdullah bin Zaid([50]), And he stopped then to demonstrate the meaning of prayer in terminology, and formulas prayer([51]), Followed by the provisions of the ears and the difference in being imposed or years([52]), Then separate the terms of the muezzin and ordered him and hates him([53]), And determine the time of the call to prayer, is it permissible before the time or not([54]), And greater accountability in search and detailed, with the stated views and evidence and what he thinks is correct weighting([55]).

In the chapter on prayer followed the same pattern as it opened a statement on the importance of prayer([56]) Then between the virtues and substitute, after the seriousness of the offense of negligence([57])He preferred maintained([58]), And then went to the provisions detailed statement([59]).

Did not differ in the door of the fast approach it inaugurated a statement bounty and conversations contained therein, and the reason for the revelation of the verse on fasting and interpretation, and then go to the provisions of this duty([60]), But did not cut off from Tkhalilha paragraphs describe how the substance of this worship and shed light on the wisdom in the folds of detailed legislative matters fasting([61]).

He was keen to link the provisions of costs Bossha faith and educational goals of self-control and reform human.

Luminance parameter names of the scholars of Islam:

Declares Alaotba Baksdh comparison included by scholars of Ibadi and others, he says,: «I mentioned something we talk of our people to approve and contrary to Oquaouilna in place, from the book, as the flag is better than ignorance»([62]).

And understood that he did not want the survey, but in order to science and expand access, so that the reader not locked into one look, or the direction of limited.

Based on this echoed in the folds of the book names scholars of Islam of companions Valtabaan era to the imams of doctrines, without allocation or inventory, and find those names Sahaabi Ibn Abbas([63]), And Ibrahim Nakha'i([64]), Shafi'i([65]), And Abu Hanifa([66]), And Abu Yusuf Abu Hanifa owner([67]).

Also provides news and historical novels based various sources, and historical sources Muhammad ibn Ishaq([68]).

The Alaotba hopes apologize to the reader as documented and not to rush to Taktith despite his commitment to accuracy and honesty: «It stood on this book not Ajln Paljhalh Ali, nor send their abandonment article to a Atsahh what I said, but browsing is submitted, is going to find me the breadth and Sorry, but found his health is, then do not Istthaglh Seeing, not Imlah reader, the book whenever large size abounded benefits ([69]).

Reconciliation issues and issues of dispute:

Absorb Alaotba you the great questions of jurisprudence in his book, devoted to the doctrine of full parts of his encyclopedia, and decided to situations where Ibadi, explained the contentious issues and building her reasoning, of the texts of the Quran and Sunnah and evidence of the language and the words of the commentators of the Koran. He was also the violation of various statements difference Kalocharih and Isolationists Almhbhh and fatalism to which the response at length, and devoted the second part of the book full of these issues([70]).

While Alaotba tolerant Lena in matters of doctrine, as loa opinion questions thinking and diligence, it was strictly in matters of faith; because its building blocks and certainty, which is: Religion is no room for discretion. And the right one with a single, and the guilty sinner is excused.

The Alaotba keen on mixing religion to morality, and jurisprudence dye them together, as the basis not yield judgments without them, does not work absence beneficial to humans, even if committed with all the provisions of Islam ([71]).

Consensus between the order and the shortcut:

The issue was replaced ES or preponderant when public opinion began agreed, or the most correct opinion, though disputable began by mentioning the dispute, then concludes guessed he has those views([72]).

It is evidence of this arrangement issue receiving the Kaaba, he began unanimous nation on what the Prophet e while prayed towards describe people behind Mstderan around, indicates that if the people of prospects all like if the people of Mecca praying own Kaaba, then he mentioned the difference about the obligation to receive the Ka'bah or destination([73]). In the rule of prayer began by mentioning the differences and discussed the words and then to the most correct opinion concluded([74]).

Also tends Alaotba in presenting the views of the economy and the most important revenue figure in matters of controversy, with the proportion of opinion of the author, and stated opinion in all honesty, explaining the point of view of the owner and building its index, and then discussed. However, the report may view anonymous format, or omits the name of its owner, words: According to some of them, and some of them said, and was told, and Roy…([75]).

The dispute was not feasible to introduce detailed reply, has stated this behavior by saying: “Silence is better than speech Naked proof, and the mute better than words without a statement”([76]).

Arrange Alaotba between evidence:

Clear of Alaotba approach keenness of the correct survey evidence for transmission of the Quran and Sunnah and the Salaf. It is usually evidence Alaotba revenue sequentially from the top down, starting verses of the Koran, and the commentators said, and then guides the year, and states in matters saying: The argument that the words of the Prophet e as well..([77]), Then the consensus guide([78]) Then the opinions of the Sahaabah([79]). And hardworking, and other evidence discretionary Kalkies Alastsahab([80]). And guide the mind([81]). And supported by the language as much as possible evidences([82]).

The domesticated words of the wise, even from the people of the religion of Islam, reader Aanassa, and entrench the meaning of righteousness and wisdom that is the goal of the believer, so be sure that the provisions of Islam match the logic of good instinct and wisdom, and in the interest of rights in every time and place([83]).

This recruitment has emerged destruction of the various evidence in several sections of the book, including the doors of science in particular; because science subject of agreement between people, were unanimous in the minds and messages on the value of science and its usefulness and necessity.

Strength of the evidence based on the acceptance of views:

Moses said Ben Ali as saying: “Three may not be in the marriage: A man marries a woman and a condition that has no legacy, or isolate them in sexual intercourse, or the expense of her, and the requirement of God by police”([84]).

He came in effect: That married that no intercourse, then he wanted intercourse That is him, though is Onqsa of her dowry so he finish”([85]).

It is a condition that is not the expense, or clothes or habitation, marriage is perfect, and her spending and clothing and housing, if they set aside requirement, although divorced that no clothes or expense them in preparing if they were pregnant, or divorced three times, this is also corrupt, if they are undone” ([86])

The married her not to Friendship, This marrying corrupt, evidence that the chicken is not violated being married only Besdaq, and when the condition in the marriage what nullifies spoiled, and likened marry someone shighaar which Allah has forbidden e([87]).

In the chapter on prayer mentioned the words Jabir bin Zaid makrooh prayer on everything from animal and mustahabb everything grew earth, and not them, it is not permissible prostrate unless there is evidence to interview «made me land a mosque»([88])The gold and silver dresses though, which grew earth he hated makrooh discipline; because it is contrary to the humility and plead to God when prostrating, which is a cause for pride and pride([89]).

This does not mean commitment Alaotba included by the evidence of each of statements reminding, sometimes cites Alaotba provisions sequential, without giving evidence, and may be based on the measurement, or the significance of general provisions, it refers to, maybe cited evidence of some issues and not others, and models this ([90]).

In talking about the zakat interest and whether trace its origin, or resume her around again, he mentioned the words Ibadi being followed to its origin, and the words of Imam Malik calculates about her new, and favored by the other, and based on the Hadith: “Zakat money until it turns Squint” Said: «The interest money مخاطب owner must Zakat Kkhtabh in quorum, and the positive interest in Zakat after fame when entering the Zakat need to Guide»([91]).

He also criticized what «is available in the effects of our companions that the right of the author has fallen today but come down to the people in our age or in the age of the typhoon status panel. I do not know the face saying to drop the right of the author, and in saying: “But down folk status composed” Evidence that the right of the author remains with them, and I think the meaning of saying: “The right combination today plopped” Knowing that someone in their time did not elude them Vinkad money, so they said what they said, and God knows.

And consideration I have requires that the right of the author remains, in every case, every age and found and found the imam, and needs to Talifam, no copy of the Quran and Sunnah and consensus »([92]).

This sound guidance for building diligence, and cash Mtadb jurisprudence scholars.

Rely on the safe side when the similarity of evidence:

Exposure Alaotba in Witr case to dispute scientists about being a three extradite him one, or one after the two rak'ahs any Btzlimitan, and move text pond when he said: «Our companions disagreed in Witr, said some of them: Pray three times entering ihraam one and one Taslima; Others said: Pray three times entering ihraam single and Tzlimitan, and the good of the owner of this to say, he said: Willing arrived willing season, and others said: One chord after two rak'ahs. And consider requires I leave one and three, and praying the choice between doing one and three, and the act of the year approved;, because the Prophet e may transfer him to do one and three… And it was narrated e he said: Night prayers are two by two, if eased waxing The Wouter one is([93]).

And provide the text of the pond Alaotba added: «And it was narrated e by Ibn Umar said u: «Night prayers are two by two, and was told: الصلاة مثنى، فإذا خفت الصبح فأوتر بواحدة»، وهذا الخبر الذي تعلق به من قال بالركعة الواحدة من أصحابنا وغيرهم، فيحتمل أن تكون هذه الركعة موصولة بغيرها على ما ذهب إليه من قال بالركعة، ويحتمل أن تكون مفردة لأجل الصبح؛ لأنَّ فيه شرطا إذا خاف المصلي أن يفاجأ بالصبح، ومن احتج بجواز الواحدة، ولا حجة له مع وجود الشرط، فاسم الوتر يقع على الواحدة والثلاث، ومن أتى بواحدة فغير خارج من الاختلاف، والذي قلناه أكثر احتياطًا»([94]).

No weighting directory likely loss:

If you are confused on the industrious a weighting words equal to the evidence in question was free will between them, and that's what baptized him Alaotba in some issues, as it did in the case of determining the middle intended to pray in verse: ) Keep the prayers and the middle prayer (([95]), Has cited the statements of those who believe they age, it is seen as waxing, and see it back, conversations inferred per say, and then stamped by saying: And God knows([96]).

And act like it on the issue of prayer in the ground Amosobh and prayer Balsoub seized property, said Bbtalanha for being located in a place acts where it is not valid, it is said: It's true, and repent of Gsbh, and his prayer is not required. Not likely between these words([97]).

Between objectivity and doctrinal:

Considered sectarian feature haunted Islamic sects long, and still effects a tyrant on the level of thinking and action in most Muslim societies, and it causes the historical, social, and strengthened by some scholars, despite the neutrality of some of them, and their quest to reduce their effects, has stated Dr. Draini beginning industrious as « “The origins of the dispute”, And the balance between evidence fundamentalist, and often likely opinion Aloqom, may come opinion again, while we find in the books of the tap, for example, citing the views of vulnerable to scholars of other sects, then attempting to respond, ignoring the strong views of Mkhalvém, which feels Ptjavi “Scientific right” Motivated by love tendency victory over the offending doctrine, which is the color of fanaticism which should be eliminated very purposes of comparative jurisprudence »([98]).

Among the most important controls comparative jurisprudence and encyclopedic conditions and objectivity, to enable the viewer to see enough of the opinions and the evidence, and brave enough to tip the CMO directory. The Alaotba received continued good share of these qualities, including clearly found in his books in general, and in particular photophobia.

It Alaotba keen on objectivity as much as possible Male statements and evidence, as it did in the case of what goes prayer, which passes between the front of a worshiper, he said: «Said the range of our people: Do not interrupt the prayer thing, which is to say popular, Zubair, owner and Sufian Revolutionary Shafi'i, Abu Thor, and opinion makers and others. Shafei owners protested including narrated e he said: «Does not interrupt the Muslim prayer thing, and Ali, he said in the pulpit: O people, I heard the Messenger of Allah e he said: “Do not interrupt the prayer except Event”, And I not Osthieddi which was not ashamed of it Messenger of Allah e, ​​said: Event that human Afsso or Adhart.

Abu Hanifa said as narrated him: «Do not cut prayer except menstruating»([99]).

In the opinion, J. remains Alaotba and, true to the reality in the report of the provisions he says: «If passed a woman in the hands of the worshiper is not he should ask her immaculate are or not, does not veto it until it knows it; because the women down and more usual purity, and menstrual accident, even knew of no one knows one other, and do not have to pass in front of the worshiper, the ([100]).

It also supported the view of the tap to veto prayer and ablution Balgahgahh in prayer, mind less event. While not considered Imam invalidates owner nor the purity of prayer. And epistaxis when the owner Kalgahgahh; because it is not the event, but what was agreed, but said: Of prayer Btimm income, then saw a water in prayer Antqdt the purity, and this happened to him.

And criticized that this is not an agreed event, it was considered less, and it was that Tsui Balgahgahh and epistaxis([101]). Then discussed the opinion of Abu Hanifa and Shafi'i opinion in the matter([102]). Protested to say Ibaadis and interviews Tap spend veto chuckling ablutions and prayer([103]).

It the objectively Alaotba models mentioned in the question «prostrate on the Core turban([104]), Vjosh some of them, which is the view of Abu Hanifa, and his hatred of others, did not give the matter return it, and some marred the view of al-Shafi'i, and protested a speech Abu Refaah the Prophet e, he said: «Then prostrate and can even land forehead rest assured joints».

Who tells him e he prostrated Core turban news is weak, and may not be measuring the front on the knees; because Tester knee in practice, and the front usually reveal, فوجب exposed in the event of prostrate .. »([105]), Cited including reinforcing this to say interpretation of the meaning: ) سيماهم in the faces of the effect of prostration (([106]) He praised them, and did not prostrate on his forehead and Adam prostrate on the Core turban was not in his face the impact of prostration, but may not be intended to show the brand shall be hypocrisy and an act of hypocrisy([107]).

Intellectual independence in the opinions Alaotba:

Views himself Alaotba:

Book rash Alaotba names Ibadi flags since the inception of the doctrine to his time between the receipt from the woman and at least, according to its weight and the extent of scientific what أورثه of heritage and opinions, Some: Jabir bin Zaid([108]), And a Muslim Abu Obeida ([109]), Spring Ben Habib([110]), And I'm lovable([111]), Musa bin Abu Jaber([112]), Moses Ben Ali([113]), And Abu Apostle ([114])And Abu al-Mundhir Bashir([115]), Abu Ziad ([116]), Abu influential([117]) Abu Saeed ([118]), And Abu al-Hasan([119]), And Muhammad ibn Musa, and his father, Musa bin Mohammed ([120]), Abu Malik Asalana([121]), Abu Abdullah Muhammad ibn Osman([122]). It also cited an opinion of Sheikh Abu Abbas Ahmed bin Mohammed bin Bakr Moroccan Alnphusi ([123]) Thereby endorsing the power of scientific communication between the east and west.

ويذكر الشيخ الخليلي أن العوتبي لم يميز في إيراد آراء المذهب بين علماء المدرسة النـزوانية المتساهلة في أمر موسى بن موسى وراشد بن النضر، وقد تزعمها الإمام أبو سعيد الكدمي، وبين علماء المدرسة الرستاقية المتشددة في القضية، وكان زعيمها الإمام ابن بركة البهلوي، فإن الاختلاف السياسي بين المدرستين لم يؤثر على الاستفادة المتبأدلَّة بينهما، وإن كان باع المدرسة الرستاقية أوفر وأفضل في علوم اللغة وعلم أصول الفقه([124]).

Which won the lion's share of the impact on Luminance is Abu Mohammed Abdullah Ben Barka, conveys him saying: Said Abu Mohammed, in many parts of photophobia([125]). Son pond has won this status thanks to his book “Whole” That tomorrow a habitat for each of the books in the jurisprudence of the Ibadi since the fourth century until modern times. Even termed the Omani behalf “The book”, He like a book Sibawayh when grammarians.

Not only did the repeated Alaotba quoting Mosque of Ibn pool, Jarah even in the way the classification and division of topics, especially in the early parts where he addressed issues of fundamentalism on the format and style I'm blessing example of soles Balnal the, also conveyed his words literally in many sub-issues([126]).

The investigating Alaotba more precision in the news, such as the name of the narrator in an interview cited by the son did not mention the novel pool([127]).

While care Alaotba mainly the views of imams Ibadi did not Habaysha or sacred to them, perhaps even likely others, which he deems best and first consideration, it may also riding the views of private Kcolh obtaining consensus that less menstrual day and night, and the case of a dispute about it, and famous Shaafa'is that at least ([128])Therefore criticized Sheikh Abu Nabhan Jaad bin Khamis Kharousi Alaotba of this consensus claim([129]).

It also criticized him his opinion on the issue: Do you require the kit that divorced women after it أرخى by her husband jackets, and claimed he did not have intercourse with her, and sincerity husband?

Has Alaotba transportation consensus on the necessity of preparing, and that they Asedkan not in the non-politicized, but dispute the reality of the building on the dispute to consider the kit really God may not be waived, or is it the right of the husband is permissible to abort. The issue joyous, with evidence, has been criticized by Sheikh Abu Nabhan Alaotba the tale of consensus in this regard([130]).

In several women lost Alaotba believes that her husband has to wait hula fully so he can marry her sister or aunt or her aunt, a departure from the prohibition on combining the two sisters, or between a woman and her aunt, or between a woman and her aunt.

He criticized Sheikh Jaad Kharousi this view differentiated between men and women with no evidence, either to wait for the man four years and then ruled the death of his wife, and either fired calculated several divorce, then marry after its completion, although borne the fact that his wife is pregnant wait until he is certain status to carry, the disagreement between the ([131]).

As himself hardline opinion in the sale of slaves, and to prevent the validity of this sale only after recognition of the slave himself that it is owned by a saleswoman([132]).

This is the view and J. attributed the purposes of the law and its commitment to narrow down the causes of slavery and تشوفها to freedom, it probably is a man under slavery unduly illegal, is forced to complacency Bmuseibth surrender to reality, and be silence after this is not enough to prove bondage; because Scott is crossing the satisfaction of real, .

Year inference and criticism of the novel:

Relied Alaotba on a lot in the year inferred doctrine, and cash accounts when the need arises.

He was sentenced corruption work that was contrary to the year, it was stated that Ibn saying pool: «I hate those who pray alone statute to swim in bowing and prostrating thirty praise or fifty praise, even if it wanted credit, but did not spoil his prayer, but I hate it, does not infringe the year; because of the year he came to swim three times»([133]).

Then he mentioned the mistakes of the worshipers in the words of praise and zoom in bowing and prostrating detraction or an increase in the phrase or number, and it does not veto it when wrong, but if he intentionally, his prayer Mentqdh; because it offers the odds of the year, and pointed to the view of some scholars Ibadi not to veto even with manslaughter([134]).

However, Alaotba was committed to support the novel always said but often cites the naked talk about the narrator.

It novels models for the following year conversations:

Prophet e he said: «What was spent spender and believe Motassadeq best of words of wisdom, if spoken by Hakim and the world obtain all listeners about his» benefit([135]).

Amr ibn Shu'ayb from his father from his grandfather that the Prophet e saw a woman by two bracelets of gold, he said: «Othben that تسوري Psoarin of fire on the Day of Resurrection?» Said: No, he said: «Ade Zakat these bracelets, she said: Are you, O Messenger of God, Vdahma where you want([136]).

And Aisha, she said: «Entered the Messenger of Allah e In hands Vtkhat of the paper, or said: Of gold, said the Messenger of Allah e: What is this? : You Laatzen them. Said: Otadan fitr? : No, he said,: Sufficient fire, should note that Zakat is obliged »([137]).

And him by Ibn Masood: «Do not envy except in two man to whom God's money and authority over Hlkth in the right, and a man to whom God's wisdom he spends it knows»([138]).

And the Prophet e by Anas bin Malik, he said: «Wise increase Sharif honor and put slave owned even تجلسه the Kings Councils([139]).

Abu Huraira with him e: «Prophets scientists preferred to two degrees, and scientists on the preferred degree of martyrs»([140]).

Prophet e said: «Decimated my men licentious world and ignorant worshiper»([141]).

Do not revenue Sanad is committed to Hadith, or his degree from the of Health to accept the-sufficiency fuqaha 'to him, and was probably the hadeeth is da'eef or a subject there is no alerts the on him, just as of the report narrated by that it e said: «In the name of God the Merciful crowns books»([142]).

And of the report narrated by newly from the Prophet e said: «The first thing that God wrote in the board saved a point, I looked to itself Vtsagrt the Vetoadat to God became a connecting, when he saw modest length became Alpha…»([143]). And then continue the story in the series Tarif to form characters in the banner, but not يعضدها closer bond accidentally true.

In another interview for Ali ibn Abi Talib: «What of the book in which the name of God the Merciful lying in a spot of earth but God sent bump, and if God lifted insert Paradise and commuted from his torment even if they are heathens»([144]). This hadeeth contradict assets and debt قطعيات, and does not need to cash critics.

And sometimes subjected to a dispute over evidence of the news and criticism of the novel, and invested in balancing views.

It is evidence that: The issue of veto lying Lent, which is a contentious issue between Ibaadis themselves, with their agreement that lying invalidate ablution without purity of washing the bathroom, and they based the hadeeth narrated by Anas bin Malik said: The Messenger of Allah e: «Gossiping false and lying invalidate fasting and invalidate ablution», then cited criticism of offenders in the matter for lack of evidence talking at each other, and Taolh of proven them to deprivation of the reward of fasting without undone, and considered Alaotba interpretation corrupt, and argued for the health of his doctrine of interviews Others, such as saying e: «Whoever does not give up false speech and acting upon it, Allah has no need to let him food and drink, and said: «Lord fasting moment of fasting hunger and thirst, and cited accounts of Omar and Ali and Anas bin Malik said: Those who lied or اغتاب it might mess up his fast([145]).

This confirms the trend also reported numerous accounts in the governance of the wine, the wording «What intoxicates in large Few haram, it responded to the authorized wine ([146]).

On the issue of Zakat said horse: «Shafei said Zakat in the riding, said Abu Hanifa: Obligatory on riding السائمة the whether female or girls and ذكرانا, every horse dinars or a quarter century worth. Argument by saying u: «Is not a Muslim in his servants and his horse charity, and that the animal is not obligatory zakat in males if exclusively, did not answer in males and females, كالبغال and donkeys, and livestock reversed. As for saying u «riding السائمة in every horse dinars» It Bad news Narrated by Gork Saadi, an anonymous does not invoke experience, on a laptop that riding السائمة if the trade »([147]).

In the case of fasting for the Dead, Male words, namely, the views of the Imams Malik, Abu Hanifa, Shafi'i and David virtual, and the evidence was discussed, and cited support أحاديثها, da'eef (weak) some of her novels, and the interpretation of their meaning, then most likely in the end what he saw them right([148]).

Did not spare no effort to steer conversations and duly invested to derive rulings, including Juba, scar tissue, or the sanctity of hatred or legalization. It is evidence of this investment is directed to talk forbidding taking mosques path and misguided pursuit of them, and selling them, some of them said: It is useful hatred and discipline, and some benefit prohibition, and licensed to the owners when needed necessities([149]).

If he is unable to talk endured criticism he faces from interpretation, as he did in an interview with «not endemic mosques for prayer and remembrance of a man only God Abashbash by while coming out of his house as Abashbash people of home Bgaúbhm if gave them».

Said: «This means pleasing him, and said: May Tbashbash the flan So and so if captured and unroll it. If it is talk true Vtaoelh on the metaphor is not the truth; because pleasure and a kind face is not of God's attributes U »([150]).

Measurement between excessive and the economy:

Measurement was essentially adopted by the hardworking audience to derive rulings, and to ensure the inclusion of Sharia to renewed life and issues experienced by the flow rights, did not abandon Alaotba in this guide, but it was based on many of his opinions like the other hardworking.

But he was committed to measuring tapes even yield diligent true, and rejects what violates the rules, or did not meet Cheraúth.

Consensus has agreed Ibadi back and pray fatiha age alone without Sura, based on the consensus that each recitation secret pray fatiha alone, while reading in the recitation aloud fatiha and sura. He cited a dialogue with the offender in this matter, and compared protested and defeated to say not to Sura in the noon and afternoon([151]).

It is a matter of prohibition Almutuh in menstruation to her husband, an aphorism when Ibaadis, inflicted Almutuh on the mortality. The view of the Alaotba rejected this measurement to the different images, as the Koran reportedly prohibiting intercourse menstrual text, so it is appropriate tightening judge violated, and there were conversations تشنع on the actor, and obliged dinars bed, which though conversations troubled when his critique novels, he has worked with many of the . There was no such in the door of mortality, saw Alaotba of non-puerperal sanctity Almutuh in this account([152]).

And deny Alaotba of the of Zakat measured on prayer in everything; physical work because prayer respect Balmklv, فيختص on his own terms, and Zakat cult related financial money, فاختلفت the Hakaúgahma, although they were all acts of worship and the arcana of religion.

And see Alaotba with Ibadi and the public that Zakat is obligatory on the wealth of minors and the insane, not raise them, is the view of a number of companions also, based on the evidence and pan obligatory zakat, while Abu Hanifa went to the requirement of the mind and adulthood obligatory, compared to Prayer. He stressed Alaotba this discrimination that belong to designate prayer, zakat respect the right of others, not measured Zakat on prayer ([153]).

Abu Hanifa also discussed his vacation to give the creditor arch-fitr, then ask him his religion, it is not permissible to give the woman her husband's tribute, and saw Alaotba that it is permissible for equality of the two images, and demanded Abu Hanifa بدليله, and discussed the issue at length([154]).

Purposes and necessary:

Not overlooked Alaotba in the process of ijtihad and the balance between the views resorting to the purposes of the law to identify gifted consensus way, and the most likely to achieve the purposes of the street-wise, then, that all religion was for the benefit of holders, as extrapolated settled fully with the provisions of the Sharia glue([155]).

The ruling on the building of mosques and undergo the conditions, if one wants build a mosque Vijrb the nearby because of another mosque, it is permissible for him that? : The did not intend to damage, there is nothing wrong. Despite the presence of the words must spacing mosques as errand rights التوضؤ after hear Athan Hogah, the group then. As for what this distance without Sultan entitled to prevent the construction of mosques. After saying: «What I would like to build a mosque near the mosque, but he can not be up to the mosque, he may build, and stated that Muslims knew the juxtaposition of mosques did not deny her family, which is famous in Amman at the time of Alaotba([156]).

He stated that from treading his wife, and he sees that it is his wife's view of adultery, or prayed in dress immaculate and he sees that he is unclean, or drinking a drink solver thinks wine, or killed a man intentionally enemy, which is who resolves to kill him, and the like these pictures that sinner intent, but ([157]).

Consistent with the realistic jurisprudence and taken into account the circumstances of the charge was considered necessary present in approach Alaotba, sponsored Vengda and builds upon a number of provisions.

The base necessary on the basis of legitimate discourse possibly be attached, and the ability of a person to comply with, and when its fall far short of full obedience, he has to come as to be able, for saying U: ) Fear Allah as much as you can (([158]). And saying e: «If I command you to do something and they brought him as much as you can»([159]), And based on this Qaeda said Alaotba, in that him unclean gown not able to purity: It does not pray pray naked, and this say Ibaadis, unlike Shafi and his companions from the people of Hijaz. He quoted the words of the first and favored([160]). Those who miss the dress for prayer, he should pray naked does not leave a prayer, but pray sitting down; that Aster him, and the separation of the provisions of the nudist group prayers when necessary ([161]).

He cited the provisions of the varieties of the law, such as:

From prayed for a kiss, then turned his mistake after his prayers.

If the found Naked garment which in prayer.

If found Mutaimm the water is in prayer.

If the nation Oatguet which pray حاسرة the head.

If the amount is unable to do in the prayer he prayed sitting.

They all build or renew or resume their prayers; because what first of which was signed according to the best of their ability, then renewed them unable other work Vlzmanm including required and move on to what had been an([162]).

It is the duty applications Qiblah worshiper while unable compliance, said: «If خفيت it significance fell from him to impose orientation, and it was the imposition of the investigation so, if peace some prayer and then exposed significance of the Kaaba directed it, and built on the past of his prayer; because the imposition of orientation, he has at his knowledge Steering», and cited the news of conversion Qibla which amounted to ([163]).

In another shrine says: «For a person to pray to kiss if afraid of going to damage himself from the fear of illness or other, and pray as possible for him, as well as permissible for him to pray passengers and on foot through the Nodding God said U: ) You fear Faragala the or Rkpana (([164]), As well as fearful required blood fugitive pray five times, and pray where his face was, God said: ) Wherever you turn cable release face of God (([165])»([166]).

The impact of language on the jurisprudence of photophobia:

Enabled a literary Alaotba culture and the abundance of Zadeh of linguistics Making of literature and a bowl of jurisprudence([167]), Came his photophobia unique in the tissues, topped with a tinge linguistic literary phenomenon, lend it the freshness of distancing him from the spirit of jurisprudence dry, by virtue of the nature of the judgments and what is suggested by the severity of the commitment, and we find in photophobia careful attention to definitions from uses of the term when the people of the tongue, and Asthoudara brilliant .

While distinguish Alaotba off and clear language to rooting it was with the economy in the use of this approach so as not to deviate from the field of jurisdiction, a statement provisions.

It is evidence hiring Alaotba to the language of what was said by the words of the people of the reason for naming language knowledge and the indefinite article, bug, building on the knowledge that you do not need to sign; unlike a nobody([168]). He cited the words emanating:

أبى الله إلا عدله ووفاءه فلا النكرُ معروف ولا العرفُ ضائع([169]).

وقال في شرح حديث النبي and: «إن المسجد لينزوي من النخامة», أي يجتمع وينقبض من كراهيته لها. Said A'sha,:

يزيد بِغضِّ الطرف دوني كأنما زُوِي بين عينيه على المحاجم([170])([171]).

We find poems Khansa and Antara([172]), As evidenced by the people of the language, such as statements: قطرب([173]), Fur([174]), And I'm Anbari([175]), Radiator([176]).

Hardly knocking doctrinal issue related to the term before it opened by a statement linguistic meaning supported by بشواهد of the words of the Arabs([177]).

In the definition of masterminding said: «Measure is taken from the back passage; because the Mr. أعتقه, after his death, and death masterminded life of, and was told: Mastermind, also said أعتقه the contrive, can not be said that in the non-slaves, even to make a horse in order to God or نخلا or house after his death, it is not permissible in the language that is located on the name of the measure, can not be said mare does not sift mastermind mastermind. The language is not measured »([178]).

Speaking about the rule of the land Amosobh text on the invalidity of prayer where, as not valid بالثوب Amosob, «may not usurp the mosque, and not usurped to pray in it, and usurped the land and built the mosque do not reward him, and may not be prayer in it, and in prayers other . And also differed concerning the ruling on the ground, he said people: Land owner and demolish the mosque, and use their land, and some of them said: Due to the aggressor in the land shall be taken of it was consumed by value, and God knows.

And not غاصب reward closer and doing sinful. The poet said in this sense:

بنَى مسجدا لله في غيـر حلّـهِ وكان بحمد الله غيـر موفَّـق

كمُطعمةِ الزَّمْناء من كسب فرجها لك الويل، لا تزني، ولا تتصدّقي»([179])

To Aotba areas where many moves in terms of presentation and delays, and male and deletion, and brevity and redundancy, and clarification and thumb, and in terms of authorization and embedding, and other things that have an impact on the significance.([180])

It is in the style of a smooth textured foundries ferry, dock the words التحاما until there is no strong repulsion between the parts of speech or disorder.

And sometimes we find means filming moral in a sensible dress, and submit it in the entity corresponded neighborhood to witness.

And multiple language in the report of the matters and often uses the language of dialogue: If someone were to say as well.. Well told..([181]).

We also find an example of this in modern methods of coloring; In a statement to the mosque etiquette and what it takes inside the mosque of the etiquette([182]).

The take of probable Language Guide to the opinion of his choice between the views of scholars, such as its dependence on the meaning of the language of money to tipping opinion unwillingness to money legitimately([183]), Kcolh the necessity Jacket and الدنو them in prayer for an interview «prayed to Vlidn jacket which, in the novel« If one of you prayed to something Fleurhgah, and interpreted fatigue Balgshean in the use of language people([184]), And the prohibition of alcohol on the basis that their names in the language “Sin” The rule of the Quran that the great sin, ) Ask you about alcohol and gambling Say two great sin (([185]) And sin campus saying) Say the campus of the Lord immorality, both obvious and hidden and sin (([186])([187]).

The most likely should be in five ore in terms of language, and stated that he had «the Sunnah of the Prophet e, he said: «Five ore». Our companions said: Ore treasures of ignorance, and Uagahm on the people of Hijaz, and the people of Iraq Fndhm that metals. I have to say what our companions said; because the name of the ore taken from focused spear فأثبت the the origin, if the money went extracted origin, as well as if it comes out he went spear origin »([188]).

The same pattern was likely to say majority of scholars that the duty of praying reception point of the Kaaba, nor Aant it direction to the same if you were not in front of his sight, and was among the Astdalalath meaningful part in the language, was God's command to go to him) Bean face bisected the Grand Mosque and where ([189]); Because of the meanings in the language Sector([190]).

He was Alaotba and true to its approach which اختطه ​​in the book was issued in care when he said: «All have interpreted what I mentioned in this book of strange word, meaning hard, to be مستغنيا the interpretation of which refer to the other, that the purpose intended purpose is a topic which is Fiqh»([191]).

In including promised Vatakz the language servant of jurisprudence, Atg not well on the last, language Faqamt turn career best faces, photophobia was not copies إبانة; because each of the two books and his role([192]).

ومن هنا ترتسم من قراءة الضياء صورة طيبة في ذهن القارئ عن أسلوب العوتبي في تناول المسائل الفقهية بقدرة الفقيه المتمكن واللغوي الضليع والأديب المرهف، يصوغ المسائل في أسلوب سلس واضح العبارة، ويورد الأقوال وينسبها لأهلها، ويحاورهم بأدب جمٍّ، ويوازن بين آرائهم بإنصاف واعتدال، ينتقل من الخطاب إلى التقرير، ومن الإخبار إلى الحوار، في انسيابية لا تشعر القارئ بالملل أو الضجر، وفي نفَس أدبي طليّ كأنه نسمات السحر.

Conclusion:

بعد هذه الومضات عن الفقه المقارن ومسيرته في تاريخ الإسلام، تجلى لنا كيف كانت نشأته من مناظرات الفقهاء، للتعرف على الرأي الأهدى، وتقليص شقة الخلاف بينهم، ثُمَّ تنامت الكتابة فيه فدونت الموسوعات الفقهية المقارنة، وأسهم في بنائها مختلف الفقهاء من كل المذاهب الإسلامية، وسعوا لإقامة دعائم الفقه المقارن على أساس الحجة والدليل، وابتغاء الوصول إلى الحق فيما اختُلف فيه، وسيلتهم في ذلك الموسوعية والموضوعية.

And show us how it's Alaotba model for الضليع world, and Muqtadir polymath, and scientific heritage witness to his qualities, his book is considered “Luminance” A good example of jurisprudence Comparative characterized by objectivity to a large extent, with the baptism of its tinge literary coating, made the reading of the colors of fun revive the reader, Vtenseeh that in the field of jurisprudence and assets where the strain differences and inferences minds, and infects the human head rotor, but feels in Rehab “Luminance” It is in kindergarten to capture the attention, and تعبق Barij flowers.


Find sources:

1) Ahmed bin Hamad Al Khalili: Alaotba between jurisprudence and assets and literature, within the Research Symposium “Readings in thought Alaotba deserts, hosted by the Literary Forum, the Sultanate of Oman, 16 ـ 17 Rajab 1416 AH 9 ـ 10 December 1995. Publication of the Ministry of National Heritage and Culture, Oman, i 1, 1418, 1998, pages 64 ـ 76

2) Ahmed bin Saud Al Siyabi: Alaotba نسابة, within the Research Symposium “Readings in thought Alaotba deserts, hosted by the Literary Forum, the Sultanate of Oman, 16 ـ 17 Rajab 1416 AH 9 ـ 10 December 1995. Publication of the Ministry of National Heritage and Culture, Oman, i 1, 1418, 1998, pages 77 ـ 86.

3) أحمد بن موسى الكندي النـزوي (ت557هـ/1162م): Seed. Volume I (C 1 2) Investigation: Amer Abdel Moneim. Print Press portal Isa al-Halabi, publication of the Ministry of National Heritage and Culture, Oman. D. T..

4) امحمَّد بن يوسف اطفيش، شرح النيل وشفاء العليل، ط2، دار الفتح، بيروت لبنان، 1393هـ/1973م.

5) جاد محمَّد طه (Dr.): Alaotba historian, within the Research Symposium “Readings in thought Alaotba deserts, hosted by the Literary Forum, the Sultanate of Oman, 16 ـ 17 Rajab 1416 AH 9 ـ 10 December 1995. Publication of the Ministry of National Heritage and Culture, Oman, i 1, 1418, 1998, pages 87 ـ 102.

6) Salamah ibn Muslim ibn Ibrahim Alaotba (S 4 e): Book photophobia, (18Volumes) I 1, printed during the years of 1411 1496/ 1990 Egypt 1996. Publication of the Ministry of National Heritage and Culture, Oman.

7) Saif bin Hamoud البطاشي,: Ithaf objects in the history of some scientists Oman, published Library Special Adviser to His Majesty Sultan Qaboos for Religious Affairs, and historical, 2nd Floor, 1425, 2004.

8) عبد الحفيظ محمَّد حسن (Dr.): Book photophobia approach and style and language, within the Research Symposium “Readings in thought Alaotba deserts, hosted by the Literary Forum, the Sultanate of Oman, 16 ـ 17 Rajab 1416 AH 9 ـ 10 December 1995. Publication of the Ministry of National Heritage and Culture, Oman, i 1, 1418, 1998, pages 103 ـ 145.

9) عبد الله بن محمَّد، ابن بركة: Book of the Whole, to achieve: Issa Yahya Baroni, Open House Lebanon 0.1974 m.

10) Fathi Dereini, (Dr.): Comparative research in Islamic jurisprudence and its origins, i 1, the message Foundation, Beirut, 1414, 1994.

11) محمَّد بن أبي بكر الرازي، مختار الصحاح، المطبعة الحديثة للنشر والتوزيع، ط1، 2002.

12) محمَّد رأفت عثمان (Dr.), And others: Research in Comparative Jurisprudence, i 1, Falah library for publishing and distribution, Kuwait, 1409, 1989.

13) Mustafa Saleh Pago: Diligence approach when Ibaadis, published promising generation library, Muscat, 1426, 2005.


 

([1]) Lecturer at the Faculty of Sharia law, Muscat.

([2]) This is a famous definition of Imam Abu Hanifa, seen: Waving on the illustration, 1/5.

([3]) This definition son eyebrow, and there are other definitions close. Look: Owner Muntaha, to the son of the brow, 1/18.

([4]) D. Dereini: Comparative research in Islamic jurisprudence and Islamic Foundation, the message, i 1, 1414 -1994, p 17.

([5]) A. D. Mohammed Othman, and others: Research in Comparative Jurisprudence, p 21.

([6]) Sunan al-Tirmidhi, a science book about the Messenger of Allah, what came in the door urging Tbalg listen, talk, No.: 2582، (Global numbering).

([7]) Najm, verse 3.

([8]) Home بوصيري in purdah poem in praise of Allenbe e.

([9]) Hud, verses 118- 119.

([10]) The purists discussed this issue in the Study of right and wrong in the diligence within Diligence Investigation.

([11]) Seen: Books of jurisprudence, literature has also developed into the causes of the different independent jurists, including: Jurists difference, for Tabari, and other. For example,: D. Fathi Dereini,: Comparative research in Islamic jurisprudence and its origins, Beirut, pp. 23-25; A. D. Mohammed Othman, and others: Research in Comparative Jurisprudence, pp. 33-66.

([12]) Al repentance, verse 122.

([13]) Al-Nahl, verse 43.

([14]) Nisa, verse 83.

([15]) Review on the origins of comparative jurisprudence, the introduction of Ibn Khaldun, p 256.

([16]) Consider photophobia For example, some sections of the Zakat, including “What is taken from the funds of the war of the infidels if made out to the Muslim world” C 6, pp. 191-193.

([17]) Look: Alaotba: Photophobia, 6/353.

([18]) Rules of jurisprudence “That no licenses shall be vested in disobedience”.

([19]) A. D. Mohammed Othman, and others: Research in Comparative Jurisprudence, p 21.

([20]) Look around these corners: D. Fathi Dereini,: Comparative research in Islamic jurisprudence and its origins, Beirut, p 22.

([21]) Look around these objectives: D. Fathi Dereini,: Comparative research in Islamic jurisprudence and its origins, Beirut, pp. 23-25; A. D. Mohammed Othman, and others: Research in Comparative Jurisprudence, p 22.

([22]) البطاشي, Saif bin Hammoud, Ithaf the objects in the history of some scientists Oman, 1/350.

([23]) Look: The historical sequence of events and the content of the book genealogy Aotba, d. Mohammed Gargash: Historical approach when Alaotba, p 162.

([24]) Ahmed Al Siyabi: Alaotba نسابة, p 83.

([25]) Ahmad Al-Khalili: Alaotba between jurisprudence and assets and Literature, p 66.

([26]) Ahmad Al-Khalili: Alaotba between jurisprudence and assets and Literature, p 66; d. Ibrahim ElDesoki, Lexicon designation for Aotba, approach; language; Lexical article, nature; sources, p.15.

([27]) Look: Deaf in translation: البطاشي: Athafe Senators, 1/439. He stated that he authored his book stamp “Crown” Year 601 After saying: Before his death twenty years.

([28]) Came in photophobia, 5/15 «Issue: Said Sheikh Faqih Osman bin Abi Abdullah deaf God's mercy “Muslims are unanimously agreed that the mosques to God as a whole, its land and wealth, and what stopped them money to validity in it, and used the mosques of all these things above-mentioned may not be disposed of, nor in any of the flag, but the right and informed consent; also regard it as obligatory right of it in Salah those ”.

In 5/38 Came «said Sheikh Faqih Osman bin Abdullah deaf God's mercy: The increase in the mosque of his money does not increase the money the mosque is permissible to him…»

In the same paper came: «It is a book التبصرة: And the mosque if he has abandoned edifice neither the wall nor Fort prevents them beasts, and dirhams mosque in the hands of a man, you have to build on This Abhh wall of the mosque money?…»

([29]) البطاشي, Saif bin Hammoud, Ithaf the objects in the history of some scientists Oman, 1/350.

([30]) Ahmad Al-Khalili: Alaotba between jurisprudence and assets and Literature, p 66.

([31]) Ahmed Al Siyabi: Alaotba نسابة, 86.

([32]) Ahmed Al Siyabi: Alaotba نسابة, p 84.

([33]) This seminar was organized days of 16-17 Rajab 1416 AH 9-10 December 1995. And published their work and the Ministry of National Heritage and Culture, in a special book, the same title of the Sultanate of Oman, i 1, 1418 -1998 m, and included the following research:

Lexicon designation of Aotba, d. Ibrahim Dessouki.

Alaotba between assets and jurisprudence literature, Shaykh Ahmad al-Khalili.

Alaotba نسابة, Sheikh Ahmad Al Siyabi.

Alaotba a historian, a. D. Gad Mohamed Taha.

Luminance approach, style and language, Dr.. Abdul Hafiz Mohammad Hassan.

Historical approach when you Alaotba,. Mohammed Gargash.

([34]) Seen our book: Diligence approach when Ibaadis, published promising generation library, Muscat 1425 2005.

([35]) We are in the process of achieving this book and make sure all problems that Aaatarth of, and the circumstances surrounding it, the number of: And parts of the curriculum, content and other things that puzzled researchers. (References)

([36]) Khalili: Alaotba between jurisprudence and assets and Literature, p 76. What the Sheikh al-Khalili mentioned directing reasonably similar to what he did the same curtains with the interpretation Allowargelana as Hzarh seventy part while briefed on the interpretation of the Koranic cow and Al Omran, which amounted to seven hundred and paper.

([37]) Look: Alaotba: Photophobia, 16/138.

([38]) Look: Alaotba: Photophobia, 16/248.

([39]) The insertion in the Omani manuscripts prominent phenomenon exhausted investigators. As we find at the heart of the book increased from scribes unstarted words: On the other, it is the book (Any Mosque of Ibn pool). And photophobia, and the workbook. Etc ... and to them the fatwa current passport added with alarm to the condition that they increase the original text, provided the setting and lack of illusion. This fatwa attributed to Sheikh Ahmed bin Abdullah Canadian owner “Seed”. It issued a fatwa that permits the increase in the book of the other without changing the meaning or dressing things, with reference to the book it is not (See Canadian, seeded 1/31). But the issue of non-compliance contract requirement established by of permissibility said this insertion, or failure to meet its full, as they point to the beginning of the inserted text without an end, or to the end without initially, Subsequent fell after them in meant to embarrass.

([40]) Alaotba: Photophobia, 1/15-16. And Male the text also: البطاشي: Athafe Senators, 1/351.

([41]) Look: Alaotba: Photophobia, 1/19.

([42]) Look: Alaotba: Photophobia, 1/17.

([43]) Look: Alaotba: Photophobia, 1/17.

([44]) Look: Alaotba: Photophobia, 1/19.

([45]) Seen: M'Hamed Tfayyesh, explain the Nile,-in disk Built- “Mosque of Islamic jurisprudence” Issuance of Company a character, and the supervision of the and Ministry of Awqaf in Kuwait.

([46]) Look: Alaotba: Photophobia, 5/53-54.

([47]) Look: Alaotba: Photophobia, 5/54-56.

([48]) Look: Alaotba: Photophobia, 5/57-85.

([49]) Look: Alaotba: Photophobia, 5/58-59.

([50]) Look: Alaotba: Photophobia, 5/59-60.

([51]) Look: Alaotba: Photophobia, 5/62.

([52]) Look: Alaotba: Photophobia, 5/63.

([53]) Look: Alaotba: Photophobia, 5/64-65.

([54]) Look: Alaotba: Photophobia, 5/67.

([55]) Look: Alaotba: Photophobia, 5/ 67-78.

([56]) Look: Alaotba: Photophobia, 5/81-82.

([57]) Look: Alaotba: Photophobia, 5/85.

([58]) Look: Alaotba: Photophobia, 5/86.

([59]) Look: Alaotba: Photophobia, 5/88.

([60]) Look: Alaotba: Photophobia, 6/268-271.

([61]) Look: Alaotba: Luminance, 6/276, 6 / The 278, 6/280

([62]) Look: Alaotba: Photophobia, 1/18.

([63]) Is contained Ibn 'Abbas's name is often in the book, and on the For example; Alaotba: Photophobia, 2/74, 2/75, 2/77, 2/80-83.

([64]) Look: Alaotba: Photophobia, 1/37.

([65]) Look: Alaotba: Luminance, 1/195; 5/50.

([66]) Look: Alaotba: Luminance, 1/37; 5/50, 5/195.

([67]) Look: Alaotba: Photophobia, 5/195.

([68]) Look: Alaotba: Photophobia, 1/36.

([69]) Look: Alaotba: Photophobia, 1/18.

([70]) Look: Alaotba: Photophobia, 2/133 Onwards.

([71]) Look: Alaotba: Photophobia, 5/24.

([72]) D. Mohammed Gargash: Historical approach about Alaotba, pp. 129-130.

([73]) Look: Alaotba: Photophobia, 5/9-10.

([74]) Look: Alaotba: Photophobia, 5/63.

([75]) Look: Alaotba: Photophobia, 5/15 In the case of news per kiss recognition, not words attributed to their respective owners.

([76]) Look: Alaotba: Photophobia, 1/20.

([77]) Look: Alaotba: Photophobia, 5/111-112.

([78]) Look: Alaotba: Luminance, 5/9, 5/12, 5/203.

([79]) Look: Alaotba: Photophobia, 5/15.

([80]) Look: Alaotba: Photophobia, 5/203.

([81]) Look: Alaotba: Photophobia, 4/188. Where hired Guide mind to respond to said it is permissible to drink a little schnapps which many drunk.

([82]) Look: A model for this approach in the inferred: Alaotba: Photophobia, 1/59-64.

([83]) Look: A model for this approach in the inferred: Alaotba: Photophobia, 1/59-64.

([84]) Look: Alaotba: Photophobia, 8/378.

([85]) Look: Alaotba: Photophobia, 8/378.

([86]) Look: Alaotba: Photophobia, 8/378.

([87]) Look: Alaotba: Photophobia, 8/379.

([88]) Sahih Bukhari, tayammum book, the door of God's words “Did not find water Vtimmoa the good صعيدا”, Modern, No.: 323 (Global numbering).

([89]) Look: Alaotba: Photophobia, 5/207.

([90]) Look: Alaotba: Photophobia, 5/41-42.

([91]) Look: Alaotba: Photophobia, 6/158-159.

([92]) Look: Alaotba: Photophobia, 6/102.

([93]) Pond, the whole, 1/581. See Alaotba: Photophobia, 5/119.

([94]) Alaotba: Photophobia, 5/119.

([95]) Sura, verse 238.

([96]) Look: Alaotba: Photophobia, 5/101-103

([97]) Look: Alaotba: Photophobia, 5/292.

([98]) D. Fathi Dereini,: Comparative research in Islamic jurisprudence and its origins, Beirut, p 17.

([99]) Look: Alaotba: Photophobia, 5/310.

([100]) Look: Alaotba: Photophobia, 5/310

([101]) Look: Alaotba: Photophobia, 5/290.

([102]) Look: Alaotba: Photophobia, 5/291.

([103]) Look: Alaotba: Photophobia, 5/281-282.

([104]) Said: Carr turban on his head a j Atha, and all the role of the Core. Look: Razi, Mokhtar Asahah, substance: Core.

([105]) Look: Alaotba: Photophobia, 5/208-209.

([106]) Al Fath, verse 29.

([107]) Look: Alaotba: Photophobia, 5/208-209.

([108]) Look: Alaotba: Photophobia, 1/33, 1/36, 5/207.

([109]) Look: Alaotba: Luminance, 5/112, 5/193.

([110]) Look: Alaotba: Photophobia, 5/112.

([111]) Look: Alaotba: Photophobia, 5/192, 5/195, 5/207.

([112]) Look: Alaotba: Photophobia, 5/112, 5/205, 13/141.

([113]) Look: Alaotba: Photophobia, 5/205.

([114]) Look: Alaotba: Photophobia, 13/141.

([115]) Look: Alaotba: Photophobia, 5/192, 5/204, 5/205.

([116]) Look: Alaotba: Photophobia, 13/143.

([117]) Look: Alaotba: Luminance, 5/195, 5/202.

([118]) Look: Alaotba: Photophobia, 13/143. Right he did not mention anything about my father happy, and these parts in which he stated was one of photophobia and error attributed to him, and will be seen in the version achieved, God willing,. (References)

([119]) Look: Alaotba: Luminance, 5/24; 5/25; 5/50; 5/201; 5/207

([120]) Look: Alaotba: Photophobia, 13/149.

([121]) Look: Alaotba: Photophobia, 5/204.

([122]) Look: Alaotba: Luminance, 13/42; 13/102.

([123]) Look: Alaotba: Photophobia, 13/147.

([124]) Ahmad Al-Khalili: Alaotba between jurisprudence and assets and Literature, p 68.

([125]) Look: Representation: Alaotba: Photophobia, 5/191-192-193-194-195-205-207.

([126]) Look: For example: Alaotba: Luminance, 5/70; son pond, inclusive; 1/442.

([127]) Look: Alaotba: Luminance, 5/119; son pond, inclusive; 1/581.

([128]) Ahmad Al-Khalili: Alaotba between jurisprudence and assets and Literature, p 69.

([129]) Look: Ahmad Al-Khalili: Alaotba between jurisprudence and assets and Literature, p 69.

([130]) Ahmad Al-Khalili: Alaotba between jurisprudence and assets and Literature, p 69.

([131]) Look: Ahmad Al-Khalili: Alaotba between jurisprudence and assets and Literature, p 72.

([132]) Male this view, Sheikh Ahmad Al-Khalili: Alaotba between jurisprudence and assets and Literature, p 74. He said that it exists in Part IV of the book photophobia. I could not revised after.

([133]) Look: Alaotba: Photophobia, 5/194.

([134]) Look: Alaotba: Photophobia, 5/194.

([135]) Look: Alaotba: Photophobia, 1/56.

([136]) Look: Alaotba: Photophobia, 6/153.

([137]) Look: Alaotba: Photophobia, 6/153.

([138]) Look: Alaotba: Photophobia, 1/56.

([139]) Look: Alaotba: Photophobia, 1/56.

([140]) Look: Alaotba: Photophobia, 1/106.

([141]) Look: Alaotba: Photophobia, 1/107

([142]) Look: Alaotba: Photophobia, 1/28.

([143]) Look: Alaotba: Photophobia, 1/32.

([144]) Look: Alaotba: Photophobia, 1/28.

([145]) Look: Alaotba: Photophobia, 6/320.

([146]) Look: Qarqash: Historical approach, 113 Quoting Alaotba the: Photophobia, 4/188. Review?

([147]) Look: Alaotba: Luminance, 6/60, and then said in a subsequent issue that zakat in horses and mules, not all monsters: Photophobia, 6/60.

([148]) Look: Alaotba: Photophobia, 6/361-362.

([149]) Look: Alaotba: Photophobia, 5/25.

([150]) Look: Alaotba: Photophobia, 5/48.

([151]) Look: Alaotba: Photophobia, 5/172.

([152]) Ahmad Al-Khalili: Alaotba between jurisprudence and assets and Literature, p 73.

([153]) Look: Alaotba: Photophobia, 6/82.

([154]) Look: Alaotba: Photophobia, 6/101.

([155]) Look: Alaotba: Photophobia, 5/12.

([156]) Look: Alaotba: Photophobia, 5/32-33.

([157]) Look: Alaotba: Luminance, M'Hamed Tfayyesh, explain the Nile, 16/528.

([158]) Al Gain, verse 16.

([159]) Sahih Muslim, Book of Hajj, the door of the imposition of the pilgrimage once in a lifetime, modern No.. 2380 (Global numbering).

([160]) Look: Alaotba: Photophobia, 5/322-323.

([161]) Look: Alaotba: Photophobia, 5/339-340.

([162]) Look: Alaotba: Photophobia, 5/353-354.

([163]) Look: Alaotba: Photophobia, 5/12.

([164]) Sura, verse 239.

([165]) Sura, verse 115.

([166]) Look: Alaotba: Photophobia, 5/12

([167]) Khalili: Alaotba between jurisprudence and assets and Literature, p 67.

([168]) Look: Alaotba: Photophobia, 1/48.

([169]) Look: Alaotba: Photophobia, 1/49.

([170]) Came on the sidelines of photophobia, Court A'sha, in a poem “Jerk and grievances”. Spoken in satire than Ben Mehr Shibani, p 198.

([171]) Look: Alaotba: Luminance 5/29;.

([172]) Look: Alaotba: Photophobia, 1/51.

([173]) Look: Alaotba: Luminance, 2/75; 2/81; 2/85.

([174]) Look: Alaotba: Photophobia, 2/67.

([175]) Look: Alaotba: Photophobia, 5/191.

([176]) Look: Alaotba: Photophobia, 5/191.

([177]) Look: Alaotba: Photophobia, 5/275.

([178]) Look: Alaotba: Photophobia, 8/77.

([179]) Look: Alaotba: Photophobia, 5/36.

([180]) D. Mohammed Gargash: Historical approach when Alaotba, p 126.

([181]) Look: Alaotba: Photophobia, Part II in several places where faith issues decided.

([182]) Look: Alaotba: Photophobia, 5/24.

([183]) Look: Alaotba: Photophobia, 1/165.

([184]) Look: Alaotba: Photophobia, 5/17.

([185]) Sura, verse 219.

([186]) Al norms, verse 33.

([187]) Look: Alaotba: Photophobia, 4/179.

([188]) Look: Alaotba: Photophobia, 6/76.

([189]) Sura, verse 144.

([190]) Look: Alaotba: Photophobia, 5/5-6. And See also Ashabh in explain the word isti'aadhah and their uses in the language: Photophobia, 5/160.

([191]) Look: Alaotba: Photophobia, 1/17.

([192]) Dr. Mohammed Gargash make accurate comparisons to prove this fact, which is that the book photophobia jurisprudential his language, and language is not a book like a book “Designation”. Seen: Mohammed Gargash: Historical approach when Alaotba, pages 137-143.

 

*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

25- 27 Muharram 1426 / 6- 8 March 2005

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