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Diligence and rationing Islamic Fiqh

Diligence and rationing Islamic Fiqh

Of the old tracks to renovations Mohammed Abdo and his school *


Preparation: Meets all the conditions legitimacy. D. Mohammed Al-Haddad

( An academic researcher and professor of the Republic of Tunisia)


Diligence in language: Is the effort and vomiting Alusa in the completion of the acts.

The old set him meaning M_khasossa or the conventional, which is known in the books of jurisprudence, and expressed Abu Hamid al-Ghazali (6th century AH / 12) Saying: “Do industrious and power in the application of science to Islamic rulings”([1]).

And diligence proprioceptive sense is: Methodology to extract the provisions of the legitimacy of the sources of legislation recognized. On this basis, be aware of the whole jurisprudence note of diligence. This flag is distributed as is well known to the four doors, a: Evidence devises including provisions, and provisions varieties, and ways to derive rulings from the evidence, recipes contriver or industrious.

The first door is identifies sources diligence, and second categories from which provides diligence. And third methods used for diligence. And fourth combines issues related to the exercise of diligence, such as Osnavh statement, types and grades and industrious relationship snob. He knew jurisprudence represents in itself تقنينا the legislative practice as is the practice of discretionary.

Historians agree - both of them Muslims or non-Muslims- That the this creativity Islamic science sincere, and agree on the essential role played by the Principles of Fiqh in spreading the teachings of Islam, and to maintain the cohesion of the Muslim communities. It was not Islamic jurisprudence to evolve in the absence of the various sects, and what is left of them and disappeared, the schools were to develop the knowledge legitimacy over the generations and eras. When settled doctrines interrupted the absolute need for diligence, and the diligence which means unrestricted diligence by the assets of the doctrine.

He knew after that shoot-out, means a choice between words of commentators doctrine and make their statements, according to what is considered to excel in efficiency. It was the different regions and eras and different situations and minds role in enriching Islamic jurisprudence words, multiple views, which was considered an expansion on Muslims and starting to change the situation and interests.

We recall in this area Andalusian Ibn Hazm (T. 456 E) , Who proposed revision path prevailing in the two pivotal issues.

The first issue: Abandon the measurement mechanism for expansion in the apparent significance of the text. If we say, for example,: Every intoxicant is haram, heady wine, Valenbiv haram, we do not use as Ibn Hazm compared to even extract a ruling from the general significance of the word, as the concept of ” Wine ” Included in the heady word.

The second issue: Is a direct recourse to the first legislative texts without mediation Blogs doctrines.

However, the methodology of Ibn Hazm not been accepted by scholars who got rid of his opposition.

In the sixth century appeared Shaatibi (T. 592 E) Author of the book ” Approvals in the assets of Sharia”, And Shaatibi graduate of the Andalusian environment that has not seen sectarian pluralism density known in the Orient, was aspires to bring the schools of Islamic jurisprudence. This trend has emerged with Ibn Rushd also grandson of the author of the book “Beginning of the industrious and the end of the economizer”And means diligence here: Weighting and rounding between the approved schools of Islamic jurisprudence.

I went Shaatibi to even further, try to build a theory of general legislative University can be of different Sunni schools, and the idea of ​​the entrance purposes of this attempt.

In the eighth century came Ibn Taymiyyah (ت 728هـ) Calling for diligence in the sense of providing religious texts on Blogs religious texts.

And the era of Ibn Taymiyyah later for the stability of the schools of Islamic jurisprudence, and that is why strong jurists his opposition; because it is reviewing a path had settled permanently.

Doctrines became a reality, and as I mentioned earlier, the development of science jurisprudence would not have been possible without the development of these doctrines and continuity. But the modern era is the one who brought the controversy on the issue, and re-consideration to such attempts.

The beginning was the Wahhabi movement that raising the issue of re-diligence, and regained the thought of Ibn Taymiyyah and his school in a new circumstantial. Has collided with the Ottoman Empire in the era of regulation, and Muhammad Ali Pasha emitter modern Egyptian Renaissance. Turkey and Egypt as well as Tunisia in the West has seen Islamic reform movements calling for rationing.

Although the idea of ​​rationing may find her old assets they cited were mainly from the idea of ​​the legal code established by Napoleon Bonaparte in France in 1804. Citation here means: The introduction of the new format with content drawn from the Legislative Islamic heritage.

It is the mouthpiece of the documents this trend Tahtawi message and address “Say good diligence and tradition”. Was presented the views of the issue of veterans diligence, before the famous division of jurisprudence into two types: Absolute discretion and judgment on the doctrine of the ancient jurisprudence. Tahtawi believes that the required diligence in his era is the judgment of the second type, and the development of the provisions of the facts emerging. This was also confirmed in the book “Kernels curricula” Where he says: “Given careful consideration in the books of Islamic jurisprudence appeared to him that they are not free to organize useful means of public benefits, where Popoa for legitimate transactions doors to incorporate trade provisions as a speculation and loan Phoning and bare-Solh and other. There is no doubt that the laws of the European transactions have been devised which (…) That transactions jurisprudence if انتظمت and work was under her upset rights بتوقيفها on time and the case, which is easy to work on and stood up to him for that of the governors of things المستيقظين. Every hard-working share”([2]).

This is not the position of the jurisdiction Thtaui, it is a situation which naturally tended to experiments Egyptian, Turkish and Tunisian update. It was the first legal codes in the Islamic and Arab world, ie civil and commercial records, derived from the schools of Islamic jurisprudence with the likelihood of it seems more the validity of the era.

These codes were on average venture between blog-style rationing famous French law Bonaparte (1804), And the principle of the validity of the executive body Muslim to choose between doctrine adopted a valid code provisions of the legitimacy of the era.

Was established in Tunisia set of legal texts in this way after the release of security era year 1857, but the most famous is the magazine judicial judgments dating back to Ottoman history 1876. Many of the scientists wary that this will be the beginning of the path Quote of Western laws. It was replaced reportedly took between conservatives and reformers in this debate. Valajthad here means the validity of the executive body to choose the appropriate provisions of the era of the fuqaha. The magazine introduced the Ottoman judicial provisions Another problem is often being derived from the Hanafi, how can be applied in environments dominated other doctrines, such as al-Maliki doctrine in Muslim West? . The fact that some countries were not under the authority of the Ottoman Caliph, others had to be careful this is not nominal power.

The disappointment reform experiments in the capital of the caliphate, and in Egypt and Tunisia, and the beginning of direct colonialism have pushed to the emergence of a new movement represented by Association “The most trustworthy handhold” And its newspaper issued this title.

Jamal al-Din has called for Afghanistan to re-open the door of ijtihad and denounced the suit filled.

He believed that sectarianism has turned into a weakness factor; because they differentiate between Muslims rather than unite them to cope with colonialism, and to achieve the renaissance of the Middle.

Mohamed Abdou and embraced this idea, but it was after his return to Egypt more realistic, and presented a project to reform the courts, and the work on the reform of religious education, which gradient in learning Fiqh and its provisions, and to defer issues of disagreement with higher educational levels. And it thanks in re-purposes and definition idea book “Approvals” شاطبي. This book was not unknown, Abdo has received a printed copy of it during his trip to Tunisia, but the important thing is that famous slave publicized in all the Islamic world, was this is the biggest factor in spreading the idea of ​​the purposes and widely.

It is not by chance that we find a deeper two attempts to stay jurisprudence مقاصدي may submitted Muslim men from the West at the beginning of their lives affected by the views of the scientific Abdou, and we mean Mohamed Tahar Ben Achour (1879 -1973ملحق بسير *الشماخي) Allal El Fassi ( 1908 -1974ملحق بسير *الشماخي).

Son Ashour author of an important book entitled “Purposes of Islamic law” Presents the theory Mqasidih new, in which a great effort to create a theory of modern legislation, Islamic problem as posed by Ben Achour is the renewal of assets deterministic of jurisprudence be in the level of definitive origins of religion, and represent the constants of Islamic law, the science of the purposes of the law has re-installation of the science of jurisprudence old .

Vtkon Alqtaaat the subject of a new science and remain Znaat the Investigation of jurisprudence. He writes Ben Achour criticizing the practice of jurisprudence of the tyrant in his own time and says: “Means some scientists and Atocal in Khaddkhad of mistakes while confined in devising the Sharia to wring words and directs his mind to words convinced. You Iklbh still, Akhilh and hopes to extract its core. Does not work as we have presented from the use of including flanked speak from the edges of the laws and conventions and context. The most accurate denominator and Ahuge to use them denominator legislation”([3]).

He also says: “The meaning of the validity of the law of Islam timeless that be provisions colleges and meanings containing a provision valid and interests; because the forks by various provisions of a united image of the purposes”([4]).

This is confirmed by another reformer Allal El Fassi of Morocco, in his book “The purposes of Islamic law and Mkarmea” States that it is intended to prove “Superiority of our religion of tolerance and maturity; because remains the supreme law of the Muslims and those who want justice, the right of human beings”([5]).

It is known that El Fassi was prominent nationalists and activists had wanted to address the colonial look and respond to suit people colonized the Wild, who is his commitment to education and legislation. The result is that up to Fassi combine heat Hamas religious faith and national struggle, he says: “The laws of all humanity was meant to justice, and when he did not report a range searched for him outside the legislative sources, while the remaining Islamic jurisprudence achieve justice and self-Justice origins itself”([6]).

Fassi continues and deepens the discrimination that had been set up by Mohammed Abdo between nature and instinct. Valaftrh by definition is the same recipe humanity achieved in rights under the contract with the Creator. This contract does not need to be complemented by a social contract between human beings, and that's why superiority of Islamic law as the full legislation religion, any religion by which achieved the ultimate image of the Creator and creature contract. The contract between the Creator and the creature sentimental first contract, which means that the legislation remains the exception, and the rule discretion of humans in the context of individual responsibility. In this context, descends interest in the idea of ​​purposes, they are a bridge between legislation and reality. If the Islamic purposes meet the modern principles such as justice and respect for human dignity and self-preservation, the superiority of the Islamic purposes not reflected in the same principles, but in the ability to replace it on the ground. Vnscherha as the Creator and to address the conscience be stronger and more entrenched than publish the name of conscience or social contract.


That rationing in the modern era is the establishment of codes of jurisprudential choose between words sectarian most suitable for the spirit of the times. The renewal is the most prominent Msaleckh return to the idea of ​​the purposes. The Mohammed Abdo had a head start in this area in the modern era. The dish that in fatwas famous caused controversy among his contemporaries, such as: The possibility of reduction of polygamy if it turns out to guardian damage pluralism on the family and children, such as to distinguish between usury and interest for the establishment of a modern economic system, such as lifting the ban for painting and sculpture that disappeared after what was the reason for this prohibition is a idols. And my opinion deepen and develop Makassed methodology, with regard to rationing and renewal twins, abandoned craft methodology, and repeating the words of veterans.

Valtguenin without renewal does not suffice, and renewal without rationing turn to chaos, peace.

[1] ) Almstcefy in jurisprudence, Beirut, Dar scientific books, 1993, p 342.

[2]) Business full of Thtaua, achieving Mohamed Emara, c 2.

[3] ) Purposes of the Islamic Sharia, p 27.

[4] ) Ibid, p 93.

[5] ) Ibid, p 5.

[6] ) Ibid, p 5.

* ندوة تطور العلوم الفقهية فِي عُمان التقنين والتجديد فِي الفقه الإسلامي المعاصرة. 

Held during the period: (28-2) April 1429 / ( 5-8) April 2008


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