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Levantine presence in the Moroccan jurisprudence: Reading in the curriculum (Explain Nile model)

Levantine presence in the Moroccan jurisprudence: Reading in the curriculum

(Explain Nile model)*

Dr. Muhammad ibn Musa Babaama ([1])


This presentation is only a preliminary approach, to examine the impact and vulnerability, in all fields of knowledge, between the east and Morocco Ibadhi, the beginning of the emergence of the doctrine, and transmission Salamah ibn Saad al-Hadrami([2]) To the Maghreb, then emptied campaign flag Moroccans in the cave of Abu Obeida Muslim ibn Abi decent for a period not less than five years, to pass on faith and doctrine, bots, and other sciences Arabic and Sharia, to their places of origin in Morocco, Islamic end Baktaba Mashreq And Morocco at the beginning of the last century: Morocco pole mark Emhemed bin Yousef Tfayyesh([3]), And Mashreq pole Imam Noureddine Salmi([4]).

This forum holy manifestation of the communication of scientific, intellectual, and the lawsuit, which is a must to achieve the concept of universality of the Islamic religion, including mean by this word, especially that the forces of corruption simplify their hands on a group of Muslim Berbers in North Africa, and is working hard to evangelize the fools and simpletons them) ([5]).

Perhaps the most important questions that are in the problematic impact and vulnerability, is:

Is there a right of jurisprudence called: Levantine jurisprudence, and the jurisprudence of the last known Moroccan jurisprudence, within school Ibaadis?

In other words: Are the parameters and characteristics of each different from the jurisprudence jurisprudence other landmarks, or are they just one jurisprudence, between some aspects of agreement and disagreement, and can not at all be talking about two متباينتين in jurisprudence?

To answer these questions came this intervention, and in God we use:

No difference in belief and religion:

The follower of the sources of the Levantine heritage and Moroccan both noted the beginning that there is a unit membership combine Ibadi scholars, namely that they are not different in may not be the difference in it, and with no excuse the offender, that they agree that religion in the sense of belief «name includes the pant by ([6]).

Consequently, there is hardly we read the question differed It was first cut which the offending excuse, and I exclude the issue of “Create Quran”, Where the debate took place in the entire Islamic heritage, and a number of Vanh incoming fire of Basra, the people of Oman at the beginning of the third century AH, then issue then moved to Morocco.

I have known some of the militancy of some scientists in the issue, even considered the owner of the dissenting opinion may side of the road, and he was sentenced to the provisions of Almtaol error, but the investigators considered just a matter of contention for verbal, and no more, and the reason for adjudicated to determine the term to speak, is to speak psychological?

The first intention, he is no doubt Old, but our intention second meaning, he is a creature, مشاحة in terminology([7]).

We do not find any other matter of faith, or of theology, signed by the difference between Masharqa and Moroccans, they are in a single line, and the position of one of the metaphor, and interpretation, التنزيه, and considered authoritative news Sundays at work without knowing… And so on, which is the origin of the difference in this essential field of sectarian division among Muslims.

But the difference in the branches:

Sheikh Tfayyesh said: «Originally interrupt which excuse Question and otherwise branch, which is way predominance conjecture and diligence. And the right to parent-in-one with a single, and the right branch with one-and-one, and narrows the people etc.([8]).

He adds in this sense as saying: «So if سئلنا for our view in the folk and the doctrine of offenders we must say: Our view is correct potential error, and doctrine Mkhalvina the error is likely true; because you if severed say that only our view is right, what is true we say: Industrious misses and infects, and if سئلنا for our religion and religion violators shall we say: What we are right, and wrong what it Mkhalfona; because right when there is one God »([9]). Religion here means faith.

This expansion of branches, tolerance and leniency, not than a thousand in the Islamic heritage only in some high-end cultural manifestations([10]), Where he remained for several centuries Muslims make mistakes disagreed on doctrine, for partial subset does not intervene in matters of standardization, did not prove the Book of or frequent Year, Among: Differences in the survey over the socks, and lifting and arrested in prayer… And other.

This is between the doctrine and the doctrine, and has been shown differences within the same denomination, but when the world per Fifty to achieve, then prove him the contrary, there is nothing wrong with it.

So was Mojtahdo Ibadi within their beliefs, romp comfortably, and allow; themselves diligence without restrictions miracle, even excelled kinetics of scientific jurisprudence, harmonize the requirements of time and place, and in this context, was born what is known as the jurisprudence Masharqa, and the jurisprudence of Moroccans, and almost today we read a book a specialist in Islamic Ibadi .

It is noted in this regard that scholars Ibadi beginning of the Son of Khalafon, the son of a pond, father of six, and the end of the mark Salmi in explaining the mosque, Ascent and others, Pole Tfayyesh in pure gold and explain the Nile and other literature, all those found to jurisprudence comparative concept of scale, combining . On the other hand we do not know of books “Comparative Jurisprudence” Considered jurisprudence Ibadhi, and placed in account, stayed comparison of therefore within the framework of pre-defined doctrinal, and I exclude some modest attempts that do not live up to the the totalitarian wide level, which responds to the fertility and richness of Islamic jurisprudence heritage, bright and Maghreb.

Explain Nile model:

In an attempt to gain access to the researcher this thicket systematic deep work on the study of attendance Jurisprudence Mashreqi in the Moroccan Islamic sources, and chose “Explain the Nile and heal the sick” Of the pole Tfayyesh, a model, for several reasons, the most important:

– Being adopted the foundation and I in jurisprudence Moroccans today.

– Being the largest encyclopedia in Morocco doctrinal, not at all.

– Its total dependence on offer from the Moroccan jurists, it therefore has grasped what they have and increased it.

– A lot of Moroccan jurisprudential texts, including advanced to explain the Nile, and Cited out, Fathlellna to explain is in itself an analysis of these texts.

– Is a book in comparative jurisprudence, and thus Vahtmamh Paljdlah, and its opposite opinion, argument and the argument violation… The ABCs of this scientific work tall.

– Being the last Fakie إباضية the Encyclopedia included all sections of jurisprudence, in Ibadhi heritage of modern and contemporary, as we know, with that Imam al-Salmi may thousand Ascent in the same period, but did not orphaned.

– Fact that Thamini have shortened most important Moroccan previous books, in his book “Nile and healing breeze”, Came the pole Tfayyesh to explain this shortcut twice, the first time was more Ttaiwila and إطنابا, but they are not, the second is located between our hands, which is less Ttaiwila and more restraint, and the widest closely and more to take advantage of books developed, including encyclopedias jurisprudential Eastern.

Thamini commentator, and founder pole:

Developed a virtual image closer to us in understanding jurisprudential a pole Bamoosoat relationship Oman, as follows:

قرر القطب أن يضع موسوعة في الفقه، شاملةً لجميع أبوابه، وافيةً مستفيضة، فاهتدى إلى فكرة شرح كتاب النيل، الذي أبدع صاحبه الثميني في الاختصار والإلغاز، حتى صعب على المتمرس المنتهي، بله المتعلِّم المبتدي، فأوَّلُ ما واجهه هو كون صاحب النيل قد سبقه إلى مثل هذه الموسوعة، ولكن بالاطّلاع عليها، وجد أنها مجرَّد اختصار لموسوعة عمانية كبيرة، وليس فيها زيادات، ولا حضور مغربي، وتفتقر إلى الدليل في كثير من الحالات، وإلى الفقه المقارن في أغلب أبوابها([11])… So preferred independence, including composing, he put his new book: Explanation Book Nile and healing breeze.

But, and this is the case, there must be Eastern encyclopedias available in the library, and the library Alhaji Isa Azibar, has weighed it, and أغرته باختصارها, or put footnotes… But, it was clear the curriculum, and short: Wants independence, the author of a new authentic and.

However, these encyclopedias will not absent from this author, but it is one of the materials that absorbed, and the awareness of what the, Vatakzha the primary sources for writing, and this is what explains his martyrdom in many cases. This freedom illustrated interjection.

Masharqa and Moroccans:

Means to ask: Is this variation Moroccan Levantine, which explained its features to explain the Nile, or is it mere mention of transient, not only?

At the forefront of the Nile said Thamini: «Vdonkh intercourse before the book Professor([12]), A lump sum not bounty for the people, nor prohibited »In explaining this statement shows, that the word meant pole “Total” It: «(Sum) جَمَعْتُ مَسَائِلَهُ كُلَّ نَوْعٍ عَلَى حِدَة فِي مَحَلِّهِ» ثُمَّ قال: «Not ككتب the Masharqa Twal, may God give them Us good Balttoal».

From here we conclude evoke the pole in his mind for Masharqa books, but the way divided, and the doors of the books they have, so he hired this information in his commentary to the Thamini, may be Thamini did not mean this particular exception.

This male and Alasthoudar, shows us the extent envisioned contrast between pole Masharqa and Books Moroccans, at least in the curriculum, which is the first piece of information tells us in answering the question.

In terms of content, Valmtalaa the Nile to explain, using two two يسرهما the means for us God in this day and age, and did not Tkona Mmkinten by:

Accorded: Indexes explain Nile, of our production in the Heritage Society, which was printed in the Sultanate of Oman.

Secondly,: The computer program entitled b”Mosque of Islamic jurisprudence” Which is included within the sources explained Nile fully, making it easy to search by word, or a part thereof, or phrase, and these are the blessings granted us by God, and all hope that we read someday all encyclopedias jurisprudential Ibadi, in the scientific program accurate, easy to us a lot of .

I: Access to these two methods, we note the following:

– That the term “Masharqa” Has reportedly defined in explaining the Nile 64 Once, in most sections of the book, and often means Balmcharqh in: Ibadi scholars of the Islamic Orient, through the ages, with the exception of the flags of the doctrine owners origination stage, the likes of: Jabir bin Zaid, Abu Obeida, spring Ben Habib, the son of well-liked([13]). These are considered as if they were common property between the east and west.

But aside this definition pole once in explaining the Nile, in saying: «(When Moroccans) أَهْلِ نَفُوسَةَ وَأَهْلِ تيهرت وَأَهْلِ سِجِلْمَاسَةَ وَمَا بَيْنَهُنَّ، وَذَلِكَ مَذْهَبُ أَبِي عُبَيْدَةَ مِنْ الْمَشَارِقَةِ» (11/356).

– The formulas used are all make us confident that there is great clarity in the mind of the author of the discrepancy Levantine Moroccan, who is keen to show and explain its reasons, but it sometimes goes to the opinion of the Moroccans, and sometimes the opinion of Masharqa, has unique Bmzhbh the.

Examples include:

– Male nullify ablution, see the Moroccans to rip the hair from the origin invalidate ablution, as well as some Masharqa, he said: «وَقَالَ بَعْضُ الْمَشَارِقَةِ: نَاقِضَةٌ وَإِنْ مِنْ غَيْرِ أَصْلٍ»(1 c / r 150). Was appointed.

In tayammum door, he said: «Tayammum for ablution is not able to ablution, or did not find water, though it could not tayammum ablutions without unclean, and do not tayammum of Almnjus dress in, وَرَأَيْتُ فِي بَعْضِ كُتُبِ الْمَشَارِقَةِ أَنَّهُ يَتَيَمَّمُ لِلثَّوْبِ بِنَشْرِهِ عَلَى الأَرْضِ, And apparent Aijahm tayammum for استنجاء and obligatory to remove the unclean where Unable then to wash »(1/367).

– Is it permissible to pray over the mosque, or is hated, he answers pole: «(وَكُرِهَتْ فَوْقَ مَسْجِدٍ)، وَقِيلَ: Spoiled only necessary, In some Masharqa wrote that it is permissible to pray it did not mention hatred, وَمُرَادُهُ ـ وَاَللَّهُ أَعْلَمُ ـ جَوَازَهَا عَلَى الكَرَاهَةِ حَمْلا لِلْمُطْلَقِ عَلَى الْمقيّد، وَجَمْعًا بَيْنَ الكَلامَيْنِ؛ لأنَّهُ الأَصْلُ مَا أَمْكَنَ, The passport does not contradict the hatred as stipulated in the Abu Abdullah Muhammad ibn Amr ibn Abi six »we note here that he was able to combine the two views, and stated that the combination is the parent (2/74).

– In the rule of prayer, he said: «(Congregational prayer imposed on sufficiently)… (On the right), Interview to say that it is an obligation, and say as adequacy Year, and those words, some of the books Masharqa and some of the books of others, had not seen them Abu Sitta t »notes saying: «Had not seen the Abu six t, which shows that it keep track of what he said in the footnote, said it understands that not seen it, commented this comment useful Pole.

– To take home for the traveler, he said: «وَفِي “Impact”: لِمُسَافِرٍ وَطَنٌ وَاحِدٌ يَتَّخِذُهُ، وَقِيلَ: وَطَنَانِ, وَعَلَيْهِ أَكْثَرُ الْمَشَارِقَةِ»(2/379).

– In ignorance of some of the provisions of prayer and fasting, and the need disbelief and penance, it said: «Thus Masharqa excuse ignorant in disbelief and atonement, in places of prayer, fasting and other branches Vavhm of» (2/396)

– In the number التكبيرات in Eid prayers, shows the difference between the pole Masharqa opinion and the opinion of the Moroccans, and is expressed by the term is a new “Road”, He says,: «Said in the crown: وَهُوَ الأَصَحُّ. And our famous first. And in the crown by Masharqa » (2/536)

– At the door of what not to do is forbidden, he said: «(Kmsk), Outwardly that musk Tahir permissible but also prevents the use of Ihram only, وَهُوَ كَذَلِكَ عِنْدَ أَبِي عُبَيْدَةَ وَأَبِي حَفْصٍ وَأَبِي زِيَادٍ وَأَبِي عَلِيٍّ وَغَيْرِهِمْ مِنْ المَشَارِقَةِ وَالمَغَارِبَةِ, وَابْنِ عُمَرَ وَأَنَسِ بْنِ مَالِكٍ وَعَلِيٍّ وَسَلْمَانَ وَابْنِ المُسَيِّبِ وَجَابِرِ بْنِ زَيْدٍ وَيَدُلُّ لِذَلِكَ قَوْلُهُ e: «Best musk perfume» (4/84).

– In judgment Hide doctrine for application of science teacher, said pole is permissible, then said,: «And not, as some Masharqa said that he does not take note about the offender, unless he knows you Question» (5/177).

– In the certificate of capacity, which is a testament to the certificate as of the same is not defined, gives the pole to say Masharqa, he says,: «وَقِيلَ: Certificate may not be not judged by character, وَاخْتَارَهُ بَعْضُ المَشَارِقَةِ, وَالْمَشْهُورُ عِنْدَنَا جَوَازُهَا وَهُوَ الصَّحِيحُ» (13/188)

As people can not afford his ignorance, he said: «Who can not afford ignorance when more of our companions Masharqa and Amrous bin open and dad Khazar 'Abd al-Rahman ibn Rustam is a sentence that called for the Messenger of Allah e» (17/11).

The examples we listed explicit distinction Moroccans Masharqa in فقههم, this does not mean they are different in a lot of things, so that the bulk of doctrinal issues, including a single provision, Valmusdr one, and the methodology derive rulings one, and the reference in the hadith one.

I'm swimming, and his whole:

It is no secret that the Imam Abu Muhammad Abdullah Ibn pool([14]) Known as”Sheikh Moroccans”There is no doubt that the owner of the largest attendance in a lot of Moroccan jurisprudence over the centuries, and perhaps Morocco scientists of the likes of pole find some sort of respect for him, he is the owner of the credit to them, which is the first teacher, philosophers words, every pupil is necessarily a lover of his mentor over the other.

Add to the scientific value of his mosque, who has never to like one of the scientists, both in being able to jurisprudence, and the rules of fundamentalism and jurisprudence, or in being able to corner comparative jurisprudence, and criticism of scientific methodology, and this is as close as possible to the spirit of the pole Aloama, and .

All this explains why I'm blessing present, and strongly in the Nile, and in the explanation, we have counted mentioned by name sixty times, and did not mention the name of the book with the wording of the Whole in the whole explanation, that the mosque in explaining the Nile if the male is meant for a book Abu Abbas Ahmed bin Mohammed bin Bakr ”Abu issue”.

It is noticeable that most of the adoption of the pole for the son of pool was not in the jurisprudence of worship, but in the jurisprudence of transactions, in the first instance is in Tharrat, was named'm swimming in the body of the Nile four times, did not respond in the commentary even once, while in parts .

He thought that if Thamini Pole Male Scripture means Board Aezzabh or the Mosque of Ibn pool, follows the sources, and output a wonderful conclusion, stating every reader of Ibadi doctrinal heritage, and instructs each researcher in terminology, he said: «That's to say the percentage of Sheikh Book, وَنُسِبَ فِي “Diwan” The book also, وَكَأَنَّهُمَا وَاحِدٌ, Perhaps intended as a book Sheikh Abu Imran Musa bin Zakaria([15]), And potentially meant the book the fact that the book does not ad hoc book, وَبِالدَّفْتَرِ حَقِيقَةُ مَا قُيِّدَتْ فِيهِ مَسَائِلُ وَلَمْ يَكُنْ تَأْلِيفًا, Do not book an ad hoc, If it is said: He said in the book or in WordPad as if he was told: Found in effect or in some books, وَلَيْسَ الْمُرَادُ كِتَابَ أَبِي عِمْرَانَ، وَلا كِتَابَ ابْنِ بَرَكَةَ؛ لأنَّهُ كَثِيرًا مَا لا تُوجَدُ فِيهِ الْمسألة الَّتِي تُذْكَرُ» (3/193- 194)And, for information, the Masharqa latecomers when they are reminded of the term “The book” To go out “Mosque of Ibn pond” Without the other:

Examples quoted by Ibn pond in explaining the Nile:

In the rule of expiation right, he said: «Verse: ) O Prophet did not prohibit what Allah has made lawful for you (to say U) may impose Allaah تحلة you your oaths (, فَأَشَارَ إلَى أَنَّهُ يَمِينٌ تَجِبُ عَلَيْهِ التَّحِلَّةُ، وَهُوَ الْفَكُّ بِالْكفَّارة الْمُرْسَلَةِ الْمَعْهُودَةِ لِلْيَمِينِ فِي سُورَةِ الْمَائِدَةِ, كَمَا أَدْخَلَ ابْنُ بَرَكَةَ فِي آيَةِ الْمَائِدَةِ كُلَّ يَمِينٍ، فَلَمْ يَقُلْ بِوُجُوبِ الْمُغَلَّظَةِ فِي يَمِينٍ إلاَّ فِي الظِّهَارِ لِوُرُودِ النصّ فِيهِ» (4/287).

– Under the door “In order mosques”, Pole transfer text from a pond old saying: «May not be written in a mosque kiss everything from docking or sermons, does not make it were images,» (5/248).

– Often pole-border transport and definitions of the Son of pool, including: «وَعَرَّفَ ابْنُ بَرَكَةَ (Custody) بِأَنَّهَا: Sales attached to ensure the seller » (8/454).

– Pole may vary with the son of the pool, do not hesitate to criticize, but this is very small, compared to the agreement with him, and adopt his views, and examples of the difference, what Roy one who art in his prayers including not build him than unspoilt, said pole: «”تَنْبِيهٌ” The Ban trap Imam returned even if the time for, وَقِيلَ: The output, Do not deal even claimed son pond, However, if he wants an agreement Mates » (2/255), And means Balosahab Ibaadis, as if the pole makes word-year agreement to all Muslim Oama, while the devoted son in the pool Ibadi.

Luminance Aotba:

Of the main sources of the Nile to explain book “Luminance” Sheikh Abu Mundhir Salamah ibn Muslim Alaotba (S 5/6 H)([16]), Has been mentioned 21 Once in the entire book, died and an explanation. We did not find any mention of the author بنسبته: Alaotba. It was mentioned by his nickname “Abu Mundhir” Once.

Among what we read:

– In a statement a jurisprudential provision of tayammum, said: «He said in photophobia, who wrote our companions» (1/381) It is the first mention of the book, as termed in the books of the curriculum, and therefore knew him by saying: Is one of our companions wrote.

– It is the door of the pillars of religion, read the definition of the extent, stating: «”Luminance”: Destiny Creation, But God tortures on affordable, not much ».

– At the door of what is permissible and what is not permissible in the use, transfer the following: «Abu Mundhir was sitting on the shops and the role of the family in the way, And the gates of the role of self stillness, وَيَقُولُ بِجَوَازِ ذَلِكَ» (12/239).

Statement Shara:

The student manuscripts Directory Ibadi draws consideration the existence Mosustin the big two: Shara statement of Sheikh Mohammed bin Ibrahim Al-Kindi([17]), And dictionary Sharia Sheikh Jamil Bin Khamis Al-Saadi, in two different types of libraries imprisoned Bmizab the brown, two: Pole library Tfayyesh, and Sheikh Mohammed library bin Isa Azibar,([18]), Which is currently Khaled clan library([19]), It is strange that Amoosootain Kamiltan Bodzaúhma in both libraries, Faqamos Sharia singled him library Pole, and a statement Shara was out of luck Library Azibar, but the striking fact that the part has bartered between them, so that no part of the dictionary in the library Azibar, and part of the statement in the library of the pole .

Statement did not mention al-Shara on the capacity of only eight times, each was quoting “Summary statement Shara Sheikh Khamis” Ie “Platform for students and communication wishing”, Which we read of these citations:

– In a statement the amount of Zakat al-Fitr: «In a statement Shara: Whoever wants to out Tamara مكنوزا, he passed some scholars saa five pounds and two-thirds, is the view of Shafi'i, and I have to dates heavy Kalplak and the like, saa weight of it three pallets » (3/294).

– In terms of peace and authorization, says women's peace: «Recognizes women before entering the man as in the statement Shara, There is nothing wrong to hear the man's voice in peace, It also has to speak in Fraúdha and Mbahatha men when needed » (5/401).

And the Canadian seed:

Contrary to what was with the Mosque of Ibn pool, there was no mention book workbook([20]) In explaining the Nile, but three times, and the Canadian Male percentage once, and it is clear that does not mean the workbook Jurisprudence Encyclopedia Oman famous, nor Enda Sheikh Abu Bakr Ahmed Bin Abdullah Al Kindi (T.. 557), Vnstantg so that the pole did not adopt this book edited to explain the Nile, and we do not know the reason for this.

At the door of love and hatred and discipline, we read the definition of a friend moved the word, he said: «Said Canadian: Human friend is you but others » (16/496).

At the door of a child marriage and the insane, we read: «وَقِيلَ: The contract may not be the same four years onwards, And Ibn Abdul Aziz said Alinkara: Does not require the expense of child and كسوتها of if he can not have intercourse with her, and the right: مَا ذُكِرَ فِي الْمُصَنَّفِ كَمَا سَيَأْتِي فِي أَوَاخِرِ قَوْلِهِ: May know which door over the expense of the women in the book expenses » (16/380). And saying: “As we shall see” Proof that the work in this context is aboard Nile Tmina, do not book the workbook.


Dictionary of Sharia:

Despite the fact that “Dictionary of Sharia”([21]) Omani encyclopedias that do not fall within the specified period this forum, it is too late, but that the phenomenon of non-adoption by the pole, which has a copy of it, draws attention. In a full explanation of the Nile dictionary is mentioned only once, and I've traced the word dictionary defined in the entire book, and I found that it intended to linguistic dictionary, not a dictionary of Sharia. The Dictionary of Sharia came referred to in Part III, within the provisions of fasting. If that pole was approved by the college, we would say: It thousand Nile explain before obtaining a copy of the dictionary, but, so long as he reported in Part III, this makes us the puzzle waiting humorous, and perhaps more research sponsor clarified the answer.

– Stated in the provisions of the fasts, quoting Sheikh Jamil al-Saadi said: «وَفِي قَامُوسِ الشَّرِيعَةِ: Licenses that do not Anhedm spent Unlike Hassan » (3/380).

Need doctrine Ibadhi the today to collective diligence:

This profile relationship Eastern Moroccan Islamic jurisprudence throughout history, but they were not in one day direct relationship; the lack of conditions, distance, and frequent strife in some historical الأحقاب, but did colonizer in later times… Today, the conditions are ripe for a serious reflection on the revival of this relationship, the formulation of complex jurisprudential, deals with stalactites quickly and intelligent and discerning, so that the fundamental characteristic of this age are “Instability”Islamic obligatory upon to lead the knees, do not respond of reality باستحياء, and a slow pace…

Sharia had to scientists that يضبطوا fatwa by change of time and place, custom case, not to answer the questions emerging style Old incomprehensible, and self-evident that this is done according to the guidelines and scientific methodology sober, do not play the necks of the texts, and fabrication, and justification… Decision religiously and mind that the doctrine is the norm and the reality is affiliated, and not vice versa.

«If diligence generally in this day and age is an urgent need, the need is greater collective diligence, and more urgent»([22]) , Mainly due to:

The complexity of the fatwa areas including hard on one world absorbed.

And the emergence of subspecialties, frequent disagreements and differences in some developments.

The absence of perception full of topics thorny from the mind of the Mufti, and despite the existence of synagogues doctrinal Islamic, the Ibadi particularly in need of complex unites their fatwa, and gives reference, فيكونوا Rphia and pursuant to the synagogues of the Islamic world, and help to مشايخنا and scientists in research and audit.

This is my life, to assure that await results of such a forum blessed be achieved, due to the flexibility of our view, but its ability to keep pace with the times, and the leadership of the nation-to-goodness and righteousness.


This intervention is just the entrance to deeper studies in influencing and being influenced by dialectic between the east and the west, and I have found them to some important results, notably:

No difference between the scientists Ibaadis in matters of religion, which ignorant people can not, so the only issue where the contrast Masharqa and Moroccans is a matter of creating the Quran, one of the branches of the faith, and the verbal dispute inevitably.

Not restrict Ibaadis concept of ijtihad, and did not make him a monopoly on sex without the other, and not on a class without the other, but they were very tolerant in the branches, and that is what is known as the jurisprudence was born Masharqa jurisprudence Moroccans.

The follower of sources of jurisprudence Moroccan, and the examples that we have quoted, find exclusive explicit between the Moroccans and Masharqa in jurisprudence, making each and every one of them an independent school, with outstanding features and specifications.

Was Jurisprudence Mashreqi present in the Moroccan Islamic sources, and in particular major jurisprudential encyclopedias, for the fifth and sixth centuries AD, and has adopted many of them pole.

Whole book comes Imam son pond, at the top of the list of sources importance and presence in the jurisprudence of the Moroccans, especially in the field of jurisprudence Transactions.

Draws attention not to adopt the largest pole encyclopedias jurisprudential Eastern: Shara statement, the Law Dictionary, which requires an in-depth scientific research and accurate, to try to Abjad answer to this dilemma.

This intervention in the curriculum, is the entrance to study the impact and vulnerability dialectic between the east and Morocco الإباضيين, and we need to pay attention to analyze knowledge from different entrances, in the more extensive research and in-depth.

Must give serious consideration to the establishment of “Fiqh Council Ibadi” To be supportive of the synagogues of international jurisprudence, and this is the most important recommendation can be drawn from this blessed forum.

God is the source of strength.


([1]) A full-time researcher, Office of Scientific Studies, Algeria.

([2]) Is Salamah bin Saad bin Ali bin Asad Yemeni Hadrami (District, about 135 AH / 752 AD), The first of the Ibadi sect to transfer the Islamic Maghreb. Look: Heritage Society: Lexicon flags Ibaadis, 2 c / r 391, translation, No.: 418.

([3]) Is Aloama pole Mohamed Ben Youssef Tfayyesh (1237-1332هـ/1821-1914م), The most famous science in the Islamic Maghreb in the modern era, and see a full translation in a dictionary Flags Ibaadis, 3 c / r 835, translation, No.: 864.

([4]) Is the Imam Nur al-Din bin Humaid Al Salmi (T.. 1332E), Mashreq pole in the modern era, and see his biography in the flags of the Orient, an electronic copy, No.: 776.

([5]) Sura: 217.

([6]) Look: Allowargelana: Evidence and proof; 2/05, 37, 58, 47; 3/36, 41-42 I, Tfayyesh the: Explain the Nile; 17 c / p 7.

([7]) Allowargelana: Evidence and proof, 2/60, 2/82. Alaotba: Luminance, 2/121, 2/208.

([8]) Explain the Nile, 17 c / r 43.

([9]) Ibid, 17 c / r 447.

([10]) رغم أنَّ بعض الباحثين في المناهج الفقهية يقررون أنَّ هذا الاختلاف «مارسه الفقهاء المسلمون عبر العصور الإسلامية بحرية تامة دون انغلاق، أو انفلات، أو تقديس للأشخاص، أو تنقيص للمخالفين، أو اتباع للأهواء» غير أنَّ هذا الحكم قد يكون صادقا في دائرة مغلقة، وبطريقة انتقائية، ذلك أنَّ كلَّ جهة تستثني الجهة الأخرى من إمكانية الحق والصواب، وتصمها بالبدعة، والخروج من الدين، وترفض ما يأتي منها بأسماء وعناوين مختلفة، ولعلَّ أكثر المذاهب معاناة من هذا الوضع، هو المذهب الإباضي، الذي ألغي من القائمة عبر العصور، وهمِّش كلية، وذهب الكثيرون إلى تكفير أتباعه ولا يزالون. And freedom at a glance of internet sites that prove to us this provision. For example,- Dr. Abu Sulaiman, author of the book “Research Methodology in Islamic Jurisprudence” This provision cited tolerance, but it is the same quotes Ibn Hajar as saying in the book “Palm rabble”: «The many hardworking four imams breakers may not imitate them, as established in the jurisprudence books and assets» فيستثني our friend so naive and superficial manner whatever violates the four schools, from the axis of tolerance, it does not see any embarrassment… This is not recognized by the right. Look: Abu Suleiman, Abdul Wahab Ibrahim: Research Methodology in Islamic jurisprudence, its characteristics and shortcomings; Meccan Library, Dar Ibn Hazm; Mecca; 1416 AH / 1996 AD.

([11]) Look: Thamini, Abdul Aziz: Crown Almnzawm of pearls curriculum is well known; achieve: Mohammed Babaama and Mustafa Aherifi; i, Oman, 8 Volumes.

([12]) Means بالأستاذ the: Sheikha Abu Zakaria Yahya Alavdila,. Look: Glossary flags Ibadi.

([13]) Our guide in this exception that sometimes recall the words of one of them, and then mentions said Masharqa separately, and an example of that is the rule reading light behind the imam well known that the famous doctrine read, said pole: «(وَقِيلَ: لَا تَلْزَمُهُ) هُوَ مَشْهُورُ الْحَنَفِيَّةِ, وَمَشْهُورُ مَذْهَبِ مَالِكٍ, وَقَالَ بِهِ مُحَمَّدُ بْنُ مَحْبُوبٍ, وَرَجَعَ عَنْهُ, وَعَنْ بَعْضِ الْمَشَارِقَةِ: Ember in his eye like to read behind the imam » (2/131).

([14]) Abdullah Bin Mohammad Salimi, the son of pond (S: 4E): Abu Mohammed Abdullah Bin Mohammed Bin pool Salimi Pahlavi, the son of famous Pool, senior scholars of the fourth century AH. Fundamentalist and jurist was speaking, and was a great knowledge of Arabic. Was one of the most enthusiastic to band Alrstaqah, it ascribes. The first of the books in the jurisprudence of the Ibadi. Abu Muhammad left a great impact, and said it lost them a lot, and we got them famous mosque book, so it was said: “If you find something in the books of Masharqa saying (Authors) What is meant by the Mosque of Ibn pool”. The book known Bmnthorh the Abu Muhammad, a message acquaintance and restriction, and the book debutante in the creation of the heavens and the earth. Disciple has created many بمدرسته established by Bbahla, and stopped them money. And his disciples Abu al-Hasan Ali bin Mohammed Albsewe, has meant a lot of science students from outside Oman.. Look: Translated in: D. Mohammed Nasser: Glossary of bright flags; translation, No.: 833.

([15]) Book Abu Imran Musa: Is part of the Office Aezzabh; because it is one of those who participated in authored, 'The head of met in the cave Omjamaj Jerba, is that its hand, فنسب the line it »Heritage Society: Lexicon flags Ibaadis, 4 c / r 896. Translation, No.: 923.

([16]) Salamah bin Muslim Alaotba Abu Mundhir (S 5-6 H): Is Abu Mundhir Salamah ibn Muslim of the people Aotb, one of the aspects of the Sohar, and them attributed. Lived between the fifth and sixth century Hijri, a built Tahih of Azd. Was of eminent scientists, it Fakih and Gui نسابة, in his reading combines authenticity and openness to the production of other non-scientists doctrine. Leave us Abu Mundhir scientific wealth of money, it's effects: موسوعته jurisprudential “Luminance” In twenty-four part. D. Mohammed Nasser: Glossary of bright flags; translation, No.: 569.

([17]) Mohammed bin Ibrahim bin Suleiman Al-Kindi, Abu Abdullah (T.: 508E): Is the world's investigator and skillful jurist Abu Abdullah Muhammad bin Ibrahim bin Suleiman bin Mohammed bin Abdullah bin al-Miqdad Canadian. Of the people of SMD Nizwa. Its effects: What he found in his own handwriting book Salt bin Malik to his soldiers when editing Socotra. A. his encyclopedia the famous statement Shara, is in seventy-odd part, Hoy where Shara assets and provisions and religions. It has a book “Pathological twinkles in assets Shara and its branches” Died Sheikh Mohammed Bin Ibrahim on the eve of Tuesday for ten nights خلون of Ramadan in the year: 508E, and was told: Night 23 Shaban 507 AH. D. Mohammed Nasser: Glossary of bright flags; translation, No.: 1090.

([18]) Is Mohamed Bin Issa Ibn Abdullah, Azibar (In the neighborhood: 1301AH / 1883 AD): Scientists from built-imprisoned Bmizab the, assumed considerable scientific and religious. Heritage Society: Lexicon flags Ibaadis, 4 c / r 896. Translation, No.: 847.

([19]) فهرسها Heritage Society research team, within the project directory scripts and valley gutter.

([20]) Is Ahmed Bin Abdullah ibn Musa al-Kindi, Abu Bakr (T.: 557E): Is the world's industrious jurist Abu Bakr Ahmad bin Abdullah bin Musa bin Suleiman bin Mohammed bin Abdullah bin al-Miqdad Canadian Alavlogi, SMD Nizwa. Received at the hands of al-Faqih flag Abu Bakr Alenzuana and Ahmed bin Mohammed bin Saleh Alglafiqi. Has left us traces in the various sciences and the arts, was the most important: Book “Seed” Religions and provisions located in forty-two part, has a book “Customization” In the state of innocence. God's mercy died on the eve of Monday 15 Rabi 575, and was buried the locus of the host, and his tomb exists to this day. D. Mohammed Nasser: Glossary of flags of the Orient.

([21]) Is a beautiful bin Khamis bin AVI Saadi (S: 13E): Sheikh and Fakih world, from the people earring, countries of the Al Saad, Al Batinah, Oman. Was the most prominent scholars of his time, and was the owner take care of a broad and informed collector, and a prominent mettle. His “Dictionary of Sharia” Ninety part, in jurisprudence and literature, dialogue and debate, which is more like a circle Knowledge. D. Mohammed Nasser: Glossary of flags of the Orient.

([22]) Shaaban Mohamed Ismail: Collective endeavor, and the role of fiqh councils organized; omens House, and soapy House, Beirut; 1418 AH / 1998 AD


*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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