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Proposed the scientific basis for the codification of Islamic jurisprudence in the current era

Proposed the scientific basis for the codification of Islamic jurisprudence in the current era *

Preparation: Meets all the conditions legitimacy. Hamad bin Nasser al-Shaibani

Preface:

Rationing idiosyncratic represents the epitome of juristic opinions and statements to the provisions of the legitimacy of divine origin, and show the picture bright sick must be established and modern scientific methods and the underlying thought, and the success of thing depends on - after the help of God- Including built upon the foundations and principles, It was thus incumbent upon us that we address the most important scientific bases proposed for the desired success of rationing.

Before embarking on this touching first to the issue of choosing the appropriate name decent Ataref for this rationing, and I suggest that this name is: “Code of Islamic law”؛ For a number of important considerations, described in the following items:

First: Being “Code”, The name commonly used frequently when scholars previously, do not be surprised this term it does not object. And a reference to its contents from the provisions of Code doctrinal legitimacy, and thus a comprehensive account of the provisions that affect people's lives, and their directly related to the affairs of their lives and their relationship with each other.

II: Being “Law”, Carries between several meanings, including: System, the Constitution, and implicitly carries the meaning of prestige and rigor. They have the same meanings written by people in their lives of respect for the law and commitment to positive work done; Vadfa this compatibility with the Code as written by people in their living reality, and in this cope and install what cemented in the minds of the meanings of prestige, respect and other.

Third: Being “Islamic”, And this is the most important recipe in it, and a reference to the source is taken from.

 

First: Methodological foundations

These bases can be divided into three main themes, which are as follows:

The first axis: Methodological foundations qualifying:

This axis leads the other hubs, which is in the forefront. This means the community and rehabilitation to accept the provisions of the regulation, and focuses on the essential stage prior to the application of rationing idiosyncratic in the community, is the stage of rehabilitation, and understand the provisions, and knowing its nature and purpose for which they embarked, and related things, then its in the mind of the Muslim and facilitated him, and come in several :

(1) Exploration: Ways to explore multiple tracts according to provisions of mental capacity in humans, according to the different absorption of Science that توصله to know and understand the provisions; says Dr. Abdul Majeed Al-Najjar: “This requires exploratory work to be understanding constrained controls text of the Law on the tongue Arab and bases in the significance of the meanings, and controls from the general purposes of Islamic law and rules college her, Bhadiat of clues to help detect be divine as occasions down and the realities of science cosmic ways of meeting humanitarian; On the borders of these ”([1]).

To achieve this, we must remove the barriers that hinder the mind from exercising its activities and capabilities in understanding, Kaltkulaid the blind which eliminates the reason for his work, and edema of God Almighty in more than one place, he said: ) And if they were told to follow what Allah has revealed what they said, but we follow it with our fathers, coming under the Oulu their parents do not understand something does not guided (([2]). He also: ) Took their rabbis and monks as lords without God and Christ, the Son of Mary, and ordered not to worship the one God there is no god but He, the Almighty what associates (([3]).

It also hinders the mind: Fancy; takes BLP rights away for the right approach, which the mind must route of. The explanation is that fancy if intervention in judgment on things, it corrupts and builds nothing, and that the different passions and lack of agreement. God fancy edema also vilified as mimicry, he said: ﴿.. Fadilk not follow the passion for the cause of God those who stray from the path of Allah them severe punishment including forgot Day Al_husab(([4]). Said: ﴿.. And do not follow their own lusts what comes to you from the right each made you Bill and curriculum.. (48)﴾([5]).

As well as the vilification of God Almighty blameworthy likely to judge things or in the understanding and comprehension; Vazn not built upon anything of it, Allah has edema in saying: ﴿.. قُلْ هَلْ عِنْدَكُمْ مِنْ عِلْمٍ فَتُخْرِجُوهُ لَنَا إِنْ تَتَّبِعُونَ إِلاَّ الظَّنَّ وَإِنْ أَنْتُمْ إِلاَّ تَخْرُصُونَ﴾([6]). He also: ﴿.. What they have no knowledge but follow conjecture and killed him with certainty (([7]).

And so a lot of verses that تذم the these ways to make judgments, and this confirms the Quran do the right science and the establishment of certainty on the basis of consideration and proper reasoning([8]).

(2) Abstraction: He stripped understand the speech for the diagnosis to include absolute rights; because Sharia originally related to humans as a whole, and not as an individual human being, but what may be excluded him the last rule in cases of necessity to save the life([9]). Examples include: Eat dead absolute rule of man absolute prohibition, and this is the origin of the law; The ruling forced the human person as an individual is analyzed([10]). This means that if a person look at the reality of his life to all the provisions of the law in terms of absolute, realizes what these provisions Vijrd of subjectivity and privacy in the understanding of those provisions, absorb and apply; فيعلم that what it is as a member of duties also other well, so this case up like the Islamic nation . This course educates Muslim to consider himself responsible as an individual in a society that applies to its members, where applicable, shall be a joint responsibility and address the total. And therefore everyone must rationalize himself in accordance with those provisions and understood and applied without relying on someone else, and this is the origin in the law, he says: ﴿كُلُّ نَفْسٍ بِمَا كَسَبَتْ رَهِينَةٌ﴾([11])He also said: ﴿وَلا تَكْسِبُ كُلُّ نَفْسٍ إِلاَّ عَلَيْهَا وَلا تَزِرُ وَازِرَةٌ وِزْرَ أُخْرَى ثُمَّ إِلَى رَبِّكُمْ مَرْجِعُكُمْ فَيُنَبِّئُكُمْ بِمَا كُنتُمْ فِيهِ تَخْتَلِفُونَ﴾([12]).

This means that the provisions of rationing provisions absolute as it is in the canon, Viqublha recognized for being one of the members of the human race to which they apply those provisions applicable to the account.

(3) Integration: ولكي يترسخ في المجتمع المسلم فهم أحكام التقنين الشرعي، عليه أن يدرك أن تلك الأحكام متكاملة وتحقق المصلحة الشاملة. كما أن فهم الأحكام يـبنى على ذلك فيجب أن يكون فهمًا تكامليًا، وذلك “Refund provisions to some belated them to Advanced, and copied to the burner, and restricted to the absolute”([13]). In this way arise understanding and consists conscious society perceived to Shariah rulings for Integrative inhalers can not be separated, then it could result in some of the sentences imposed and leave others, Elaand necessary. And recognizing and understanding knowledge of Sharia مكنون and secrets are given to those provisions, and its response to each of those previous method.

The second axis: Foundations methodology Alamadaminah the:

These are the main contents of which must Almguennin scientists to observe the provisions of the legitimacy and mind within the foundations of the legislation, and the contents are the same as the contents of the law which they contain, are as follows:

(4) إظهار روح الشريعة وبـثها في نفوس الناس، وبيان سموها ومغزاها ومقصدها السامي([14]) من تحقيق الخير والحفاظ على سلامة الإنسان ووجهته في الحياة؛ يقول الدكتور محمد عمارة: “Many of jurisprudence dating back to the decline in the Muslim mind and the Islamic civilization has stood at the shape and form of worship provisions, and stood at the rituals and missed them the Islamic spirit”([15]).

An example of what needs to be broadcast from the spirit of legislative provisions: Statement of the spirit of the legislation on the prohibition on alcohol, which is that it is an abomination of the work of the devil, who wants the rhythm of enmity and hatred among the people, while God Almighty wants to be clean from all that to be close to the Lord leading and duties of prayer closer to God, and Tnhah all vices; : ﴿يَا أَيُّهَا الَّذِينَ آمَنُوا إِنَّمَا الْخَمْرُ وَالْمَيْسِرُ وَالأَنصَابُ وَالأَزْلاَمُ رِجْسٌ مِنْ عَمَلِ الشَّيْطَانِ فَاجْتَنِبُوهُ لَعَلَّكُمْ تُفْلِحُونَ * Satan wants only to sign among you enmity and hatred in alcohol and gambling, and hinder you from the remembrance of God and prayer will ye not then abstain (([16]).

The legal provisions are not just punishment or revenge, but is superior to it; are breeding and guidance and interests. For example,: Prohibition on eating pork purpose and destination of it is to maintain the safety and human health, and in fact proved through discoveries of modern medicine to him, and found that it causes a lot of deadly diseases; فلذا Islam forbids everything that harms health, but the origin of things is permitted unless there is evidence .

(5) Linking reality jurisprudence: وهذا يعني أن الفقه لا بد أن يعالج الوقائع العصرية بربط الأحكام الفقهية بما يدور في حياة الناس، وإيجاد حلولاً فقهية للأحداث والمتغيرات.

(6) الاهتمام بالجانب التنظيري: It means develop general theories or principles of the provisions of the jurisprudential.

(7) Framing the nodal: All Sharia orbiting contract, there is no rule but has a meaningful contract Sami; says Dr. Abdul Majeed Al-Najjar: “The legal provisions are all embarked on under the provisions of faith, this is the origin of religion, and it branched out all the teachings related behavior; therefore all the diligence in understanding Sharia direct and indirect or formulation and application Downloads should be governed by the principles Streptococcus”([17]).

It must be linked to Sharia doctrine and the interfaces between them, they are two sides of the same coin. This framing takes two forms, be good to consider when rationing, two:

a. To include all of the basic axes of the law in a subject related to it in the introduction to each section, for example,: قسم المعاملات يتقدمه بحث في المال من الناحية العقدية من حيث الملكية في المفهوم الشرعي، ودورها في الخلافة في الأرض، وضوابط ذلك من أخلاق وغيرها. وهكذا في بقية الأحكام([18]).

Dr. Jamal proposes gift that classification is accomplished - independently of the Islamic Code- Mixed with the matters of faith and morals and objectives and morality issues in general jurisprudence([19]). This is a good job new jurisprudence gown appears and another form is written by people, and be a reference دسما the to امتزاجه the various aspects of the doctrine, ethics and other.

  1. Associate each rule Bmgzah lumpy, for example,: Property provisions in Islam pairing principle nodal: It is that money is the fact that God is the king, and rights مستأمن and Mstkhalaf it([20]). As well as the rule up to the border of legality, paired this principle, a nodal: Preserve the sanctity of God and public rights, a right God and the right of individuals; was the extent of the theft reduction came from the principle of the inadmissibility of the contract which the attack on the money, but God in any way correct, is not permissible assault on female kin and prohibitions that forbade them, and enjoined. As in the rights of individuals is to keep the money, which is money God truth, فالاعتداء the funds without the right individuals is an attack on God Almighty money, these are the principles must be observed nodal when idiosyncratic rationing, and so shall it be in the rest of the legal provisions.

The first picture appears to be more appropriate than the second, so as to keep the material inhalers length of phrases, and dwell therein, and enough to be lumpy statement of principle in the introduction to each section in general without having to indicate that in all subjects.

(8) Integrative construction: This construction implicitly taken into account when rationing, which means integration of all its provisions legislation with all the facts and influences in life, is achieved in the following elements:

a. They tangles in photo-realistic: He understands Almguennon the التشابكية relationship between the provisions on the one hand, and relationship التشابكية the Muslims live in the reality of life on the other hand, and linked to each other.

There tangle in vulnerability and impact, Examples: Influence of the media in the lives of family and child-rearing, and affected the economic life of the political reality([21])، أو تأثر الأفراد بالوضع الاقتصادي كما حدث في عهد سيدنا عمر من مجاعة نتيجة أزمة اقتصادية، مِمَّا اضطره إلى ترك تطبيق حد السرقة إلى حين يتحسن فيه الحال.

b. توجيه الأحكام بحسب المآل: This is the second step after understanding that tangles than directing according to the provisions of the money, and to build those provisions must estimate Malatha. The money that built upon the referee to address the situation in which what is seen, according to achieve the effect of that provision of the benefit, this impact is the fate of the judgment which it is built. For example,: Judgment by the possibility of marriage for those who do not need him nor the desire of women, and governance بوجوبه those fears that he may fall in the no man's land, and so seen in the rest of the provisions([22]).

  1. Provisions of the Social Jurisprudence: This means that the doctrine is not confined to a particular class, but includes pan community.

d. Integration time([23]): It means taking into account the staging in the application of the provisions inhalers until you things, controls the case and the situation in Muslim countries; Poverty, for example, if deployed in many countries of the Islamic world, you should consider applying the limit theft in this case until the eradication of poverty and starvation in extreme in countries that suffer . Thus, in the rest of the provisions, with the necessity of packages and do not leave it without follow-up and rationalize.

and. Adoption of sectoral legislation: It is intended is that the legalization of Islamic jurisprudence without neglecting the various sectors in the community; for example, there are the media sector, and the Gaza economy, and the education sector, the health sector, and the transport sector and others; it must in order to attend rationing prevails correlation between provisions and integration, including better take into account ([24]).

The third axis: Applied methodological foundations

The foundations of this axis is important for the application of the provisions on the ground to achieve its purposes, not essential to reap the benefits of understanding and perception, which represents closely between them and understanding, thus achieving goodness and success for everyone, and must be taken into account when rationing, and when the application on both, which are as follows:

(9) Retail and individuals: This means that the application of the Islamic ruling does not look at the general case Salek attitude committed, but look at what deviated from the norm and led to the obscene damage; like that happens in monopoly when someone buys a commodity monopoly high prices are not punished for this, no Aamh of government, but government regards monopolist . وكذلك الحال في احتكار سلعة لا يؤدي احتكارها إلى ضرر -غير المواد الغذائية الأساسية- فإن الحكم لا يدخل في هذا النوع من الاحتكار([25])، وإنما على ما يقع فيه الضرر.

This does not mean indulgence in everything from sentences or attempt to underestimate them, this also means that the application of the provision to members Hzu general abiding people, including assigned to them from the divine teachings of the sacred; Valsariq example punished himself does not enter his family with him or his tribe, which is no sin in ([26]).

(10) تحقيـق المـناط: ويعني عند علماء أصول الفقه: أن يـثبت الحكم بمدركه الشرعي، وهو يتعلق بالاجتهاد التنـزيلي([27]). And achieve entrusted necessary, which means that the legal provisions issued by the actions of human view of the type of action, it can not be applied to judge any reality unless it is verified act even entrusted him that provision; Whoever burgles a house that can not be entrusted to him did theft or .

(11) تحقـيق المـآل: ويعني ضرورة التحقق من مآل الحكم وأهدافه وثمراته وإيجابيـاته([28]); Must be taken into account when rationing is achieved by the provision of the goals when drafting and when the application, verification of its feasibility and its effects.

And an example of what must be considered in achieving doomed: The need in some cases, pricing, and judgment بوجوبه that was whether or not to cause harm to the consumer or the poor who do not inappropriately status Almasor of purchase price rose from the necessities of life unbearable rise alone, nothing justified. Governance should be pricing in this case the result of a feasibility study the fate of the government to achieve the objectives, which is here lifting the damage, and the jurisprudential base ” Do no harm ” Supported and backed by.

* * *

Secondly: Merits

Intended merits are different sentences and topics which are mainly in the rationing idiosyncratic and landing in that group, those provisions to be formulated and prepared to be in the form of a modern legal materials.

First: The merits of the idiosyncratic rationing:

Taken into account when rationing idiosyncratic selection of legal provisions that relate to people's lives is directly attached to, and within the different regulating the affairs of their lives. It also includes provisions relating to politely souls and deter the oppressor and support the oppressed and reconciliation between adversaries.

We will focus on the Male merits as a broad principle, lines and leave-minute provisions that branch of them, which is more than the countless longer in this quick, and leave it to the competent committees at the time and an hour passed, and can this statement on the basis according to the following order:

  • the Provisions of the transactions, civil and commercial: All transactions topping the provisions of the merits of legalizing idiosyncratic, because of its great importance and urgent need for frequent circulation in the community, but what of the person and have it, namely, those provisions that relate to the affairs of life and covered by contracts and actions.

(1) أحكام الأسرة أو الأحوال الشخصية: وهي الأحكام التي تـتعلق بشؤون العائلة.

(1)أحكام الجرائـم والعـقـوبات: وتشمل جميع الجرائم وجميع العقوبات الرادعة، وتقسيمها كالتالي:

(1) جرائم الاعتداء على النفس ومادونها، ويشمل: القتل العمد والقتل الخطأ، الجراح، الشجاج، فصل الأطراف، الضرب، التشهير.

(2) جرائم الاعتداء على العرض، كالزنا والقذف والسب والشتم.

(3) جرائم الاعتداء على المال، ويشمل: السرقة، النصب، الربا، خيانة الأمانة، الميسر، إحراق مال الغير أو إتلافه، القمار.

(4) الجرائم المضرة بالمصلحة العامة وأمن الدولة، وتشمل: Prostitute, spyware, haraba, apostasy, spread immorality, bribery, employee exceeded his limits and shortcomings in their performance, ill-treatment of staff members of the people, counterfeiting money, falsification of documents, embezzlement of public funds, fraud weights and measures([29]).

(5) Other crimes, such as: Profess breakfast in Ramadan, smoking([30]), Eating pork, perjury, violation of personal privacy, the drug trade and other.

(2) Rights and duties:

First: Rights: It is a common and shared rights and reciprocal, whether state rights or the rights of individuals, and whether the rights of individuals to each other such as the rights of parents to their children, or vice versa, and the rights of the husband and the wife's rights, and whether it is the right of an individual or individuals. They involving rights of men and women, each according to its nature by the fungus, and include: The right to life and security, the right to personal liberty, the right to express an opinion and thought (If it does not conflict with the law), The right to participate in public life, the right to fair governance, and the right to health and food, the right to education and culture, the right to housing and marriage([31]). In addition to all other rights advocated by human rights organizations the world which do not conflict with Islamic law, as a right of citizenship and nationality, which rights is no stranger to the law; Valmtaml if looked at Sharia Koran or years to found these rights and more of them, which even include the animal, as in ([32])، وكالحقوق التي نصت عليها الأحكام الشرعية فيما يتعلق بأهل الذمة في بلاد المسلمين، وكحقوق الفقراء والمساكين من إخراج الزكاة والصدقات لهم، وغير ذلك الكثير.

All of these rights, which should be codified to work out, and to show the miracle of the law and guaranteed the rights of all humanity, the court is not shaken, and considers it in the interest of the priorities that came for her to prevail in light of Islam around the globe.

Secondly: الواجبات: وهي الواجبات المنوطة على عاتق كل فرد تجاه الآخر، وهي واجباتٍ متبادلة كالحال في الحقوق، وتشمل: واجبات الزوج والزوجة، كلٌ منهما تجاه الآخر وتجاه الأبناء. And Duties of Man towards society and the reform. And obligations of the State towards society and individuals.

(3)Provisions relating to governance and state policy and public administration: It is all the provisions of Islamic politics related to the management helm of government, and to do something the parish and the reform of society, and the administration of justice and the Promotion of Virtue and Prevention of Vice, and other.

(4)The judiciary and belongings: The judiciary in the Islamic Sharia regulations fair and vested in the administration of justice in the society and the authority has broad powers to enable them to hold all individual in society even the highest authorities of the state and all its staff, and call each required to appear before a judge; This is the origin of Islamic law.

Includes Procedure and conditions of the judge, who is appointed by, and judicial proceedings different, the plaintiff and the defendant and the defendant do, and appeal the ruling and appeal it, and execution of the judgment, and the recognition of the certificate, proof and Althaliv and evidence, and Maitalq it all.

(5)Affairs of the state and its relations with the countries: There are a lot of issues and matters relating to the state and its relations with other countries. It can regulate the general provisions involving states with each other; With regard to the Islamic country on the whole it left off than those general provisions common to all countries of the world, including: Defense issues and defending the oppressed, and the issues of immigration and citizenship, unity and common defense in the case of external threats and all the provisions relating to jihad, and issues related with countries beyond the country's Islamic foundations to deal with them and the limits of the possible relationships and treaties, peaceful, and cooperation in the fields possible with them in time of peace, and so on([33]).

(6)The country's economy and public money: This basically represents an important pillar in the country, a sector which is indispensable, and dependent upon the countries in her life and build various Erkanhaoumravgaha.

Secondly: Basic Plan for rationing idiosyncratic

Talk about the plan includes all the belongings that will achieve and start rationing it and act upon it, also includes paved the foundations to do the job, and all that facilitates regularity in a reasonable manner, away from the chaos and disagreement and argument that may arise before embarking on rationing.

It is this spirit we tried to focus on the most important steps and foundations that had on the success of this project. And must agree on a plan of action before you start rationing, in order to achieve work since the first moments in an atmosphere of mutual understanding and calm, and purity of heart among all Islamic sects. This plan statement be in order of priority and importance are as follows:

(1) Agreement on the framework of rationing: Do you have a rationing provisions in the framework of the same doctrine? :

First: Codify the provisions of each individual doctrine, as a first step, and then codified in the context of all faiths([34]); However, this opinion does not solve the problem of disagreement that might occur. The reason for this is that the rationing provisions of the doctrine of the unity of all the former rationing jurisprudence in the context of all creeds, and this causes it to adhere to the doctrine of every opinion which Guennh In the first step, which is considered the most likely have opinions, and thus be waived is difficult, which leads to the difference.

II: Rationing under the doctrine jurisprudence with regard flexibility and quotation of the preponderant views of other doctrines to achieve temporal interests([35]), This view does not achieve the desired a predecessor.

Third: Sufficiency guideline developed within the framework of legislation can vary from one country to another without having graduated with him, as did the European countries of the Common Market Organisation in the approximation of legislation, and the right of each State law amendment in accordance with the guiding frameworks without derogation([36]).

Preferably not exhibits to this view; because it is known that the reasons for their agreement due to differing laws that depend on them, and you do not have a source of essential legislative Qur'aan as we have. They also races and people who are not united by one religion, but putting them something that is a minor, and differences must be based; فالإنجيل is not the Bible as the inn, and the Torah is not the Torah as revealed, but are now twist after twist, and on top of that they do not rely on them in . It can be taken advantage of this view, some of it, and we will discuss it after all the opinions stated in it, God willing,.

IV: Codification of jurisprudence in the context of all sects without exception([37]). Some scholars believe that the schools of Islamic jurisprudence group should be regarded as one big doctrine in the law, each individually doctrine which is Kalara and different words per individual doctrine; scientists are likely and choose which nation to legalize what is more complete and enclose the need of time and the requirements of the times([38]).

V: Taken the views of the majority of all creeds, and settle the differences and diversity in this way. This proposal of the Ministers of Justice of the Gulf Cooperation Council at their second meeting, which was held to agree on the terms of rationing idiosyncratic([39]), I do not know you achieved something of rationing or not. وهذا التوجه قد لا يرضي جميع الأطراف لعدم وجود المرونة حول المختلف حوله من آراء. والرأي الذي يمكن أن يكون أكثر إرضاءً-في نظري- For all creeds, and to achieve better interest is not what you said of those views; except that it combines the third and fourth with the difference in some respects, which, as did European countries to codify common market with the exception of legislation set by the Framework Directive. This is done codified Sharia choosing claim bankruptcy opinions and أرجحها evidence and the most responsive to the spirit of the times and the most in order to achieve the interests and facilitate the conditions of the people away from the embarrassment and hardship, with the need to provide diligence mass of things emerging and the provisions disputed them, and narrow the differences and confining the opinions of a few, selected أرجحها evidence closest to the . With the need to leave the freedom to change - as did European countries - each doctrine can not be agreed upon, and this can be achieved in several ways:

(1) Create a blog complementary in the context of the doctrine on the main lines of code, include only the views that where this doctrine differs from other sects, and this work effort each doctrine separately.

(2) إعطاء كل مذهب صلاحية تغيير الآراء التي لا توافقه في” Code of Islamic law” – المدونة في إطار جميع المذاهب – في نسخته الخاصة به فقط.

(3) That is mentioned in several views of the contentious issues in the same code when rationing of Islamic jurisprudence in the context of all creeds; to be in that capacity and more flexibility can all rely on the doctrine of the opinion that it deems to be more satisfactory in view. وهذا المسلك هو الأنسب على ما يبدو تلاشيًا لما قد يحدث من فوضى في الطرق السابقة.

1- تفـعيل الاجتهاد والتجديد في الأحكام: And especially modern developments and provide new interpretations of some provisions that no longer has the power at the present time. Not without any era of the ages of the developments that occur on the community and especially this day and age as a result of scientific progress in all areas; must be diligent and renewal in provisions. Examples of what needs to be renewed diligence in his: The issue of determining the duration of the absence of the missing veterans identified by scholars, which is tens of years when some of them, on the means of transport primitive, and means of communication non-existent or very slow([40]); MUST renew this provision at this time, which means that it has changed to a very much better today, which is indisputable that that provision is discretionary There is nothing wrong to consider it in line with the course and development in this decade.

2- Agreement on a specific item allows a Mguenin to change some of the provisions inhalers that probably will not relevance to reality or circumstances change, and be one of the ways:

a. تحديد مدة معينة تراجع فيها “Code of Islamic law”، وليكن مثلاً على كل خمس أو عشر سنوات. ويرى القرضاوي ضرورة اعتبار الملاحظات التي يبديها القضاة والمهتمون بشؤون القانون، وتعديل ما يحتاج إلى ذلك، وإضافة ما يحتاج إلى إضافة([41]). وهذا لا حرج فيه بحكم أن الكثير من الأحكام هي اجتهادية قابلة لذلك.

  1. تغيـير الأحكام كلما استجد أمر أو تغير الحال، فيراعى تغيير ذلك وفق الحاجة.

3- Concerted efforts and recruiting expertise and involvement of scientists from all disciplines: Doctors, engineers, pilots, lawyers, and law scholars, and others.

4- The need to respond to the ruling regimes in the Islamic country with this vital project, and support all the material and moral energies.

5- The announcement of this project when you start to set up by various media outlets, and a statement of its objectives and its pros and Prince, so as to create a community and heated to post a setup application stage.

6- Set up specialized committees of the various branches facilitate and Anciabh of work in a quiet, away from the chaos and the wheel to achieve the quality of work and his mastery.

7- اعتبار اللغة العربية هي اللغة المعتمدة في التقنين الفقهي؛ لكونها لغة القرآن الكريم. ولا يمنع أن يتكفل كل قوم بترجمة المدونة إلى لغته الخاصة بعد الانتهاء من إعدادها.

8- Jurisprudential terminology is considered the basis for the project, and should not be neglected or overlooked.

9- Allow legal terms position if necessary, especially in the modern developments.

10- Organize and arrange provisions as importantly, what is important, taking into account the order of the merits of the previous by rearranged mentioned, and included under each related provisions finite precision and organization salary.

11- Use the modern method that fits with recent developments in the writing, and the use of affordable method and taking into account the safety of the installation of mystery and cruel possibility([42]). And also take into account the systematic planning, and punctuation of the breaks, points and other.

12- The formulation of the provisions in the form of numbered items, and take into account the terms accuracy governance and facilitate understanding, without prejudice to something which may lead to Rkakth, or decreasing. The Code is divided to the doors contain basic general topics mentioned earlier, then chapters and contains key provisions, and then branches out of the main provisions and related molecules.

13- Finally: The formal adoption of the International Islamic code of Islamic law, applied in all throughout the Muslim world.

Thirdly: Knowledge bases

Intended cognitive underpinnings: Are those necessary tools of different knowledge that will be an important reference and stuff, go to it and is used to find and extract provisions when you need it. The importance of knowledge as the foundation stone for each educational thought and not only in rationing; since it adopted the curriculum and ideas, and directs education, and doing different projects, and be human knowledge of the public and private knowledge that comes to humans of different ways. ويعتبر الفكر الإسلامي هو الفكر الوحيد الذي استطاع وضع نظرية المعرفة في إطارها المتكامل السليم بواسطة الجمع بين مصادر المعرفة الحاصلة عن طريق الوحي والعقل([43]). And the opinion of Dr. Abdul Hamid Abu Sulayman need to generate thought, concepts and knowledge of all kinds; to prepare the future generation and to create sound premises and appropriate means to do, advancement and independence in all areas of life. Believes that there must be an Islamic knowledge, which means: “Safety orientation, safety end, and safety philosophy envisaged by those of science and research interests and applications, and creativity; becomes a reformist Islamic science Amaria توحيديا morally adult”([44]).

In order to achieve a comprehensive knowledge must be of the following bases:

(1) Collection of various knowledge and science: Include the following Science:

a. Islamic law generally, and include all Tire doctrine and jurisprudence, biography and modern interpretation. Sharia is considered the most important science that due to Almguennon the when تشريعهم for provisions, Valaqidh the example is an important fundamental aspect in rationing; because everything that goes on at the heart of the provisions must be in accordance with the doctrine, and does not conflict with them; They Basis of consolidation which built upon this religion.

b. التربـية وأساليـبها: This is also an important aspect, which is broad and complex, and the biography of the Prophet - peace be upon him- ما يدل على اهتمامه بهذا الجانب، من خلال تربيته للمجتمع منذ اللحظات الأولى لبعثـته، وربى مجتمعه على الطهارة المعنوية والمادية وصفاء القلوب والإخلاص في القول والعمل.

c. اللغة العربية وآدابها: وتشمل كل ماله صلة باللغة العربية من إعراب وصرف وبلاغة وشعرٍ ونثرٍ. وتعتبر اللغة العربية هي المعول عليه في فهم النصوص الشرعية والأحكام الفقهية.

– علوم الاقتصاد والتجارة: For being related to transactions between people heavily traded, and indispensable in the life of peoples and communities.

d. Medicine and belongings: It is an ancient profession practiced by primitive man in his modest. And human important areas of people's lives, and indispensable one who asks therapy and seeks him; There are recent cases were not known before كنقل blood from one person to another, and organ donation after death, or in the case of life كالتبرع kidney, and كالعلاج materials forbidden such as drugs or substances extracted from .

and. علم النفس والاجتماع: وهو من العلوم المهمة التي تبحث في سلوك الإنسان وتصرفاته.

f. علم التاريخ: Especially Islamic history, a flag depicting the practices and activities of various ancient peoples, and the benefits of history and martyrdom Bahdath which is widely used and employed in the construction of an idea, or support.

g. Astronomy and math: Muslim scholars sought first to study this science and excelled in it, and they have the different theories. وهذه العلوم في الوقت الحاضر لا تـقل أهميتها عن تلك العهود، فما زالت هناك قضايا لم يبت في أمرها مِمَّا يتعلق بها كالاستعانة بالحساب الفلكي في تحديد أوائل الشهور وغيرها.

h. Aerospace and Aviation: There are many provisions may result from the field of aviation and space, says Dr. Mohamed Abdel Gawad: “.. Prepared by the United Nations bill of outer space to cope with the problems that result from this frantic race between America and Russia in the conquest of space, and resulting from the presence of hundreds of planets, industrial, and space ships, and missiles that swim in space, adrift, in case of failure of some organs ”([45]). No State only and own Tqma of aircraft which flies daily to various destinations, it is this sense must codify the provisions of space.

i. Animal and plant (Neighborhoods): This science looks at the animal, including human and aquatic insects, birds, plants and other.

j. Physics and Chemistry: Physics centered around the kinetic nature of things and strength leading to it, and Newton's theory is one of the famous theories in this area. The chemistry they are looking at various interactions induced by the chemical, whether liquid or dry. It must be their concern to enable Almguennon to refer to them when you need to preacher.

k. التكنولوجيا والتقنيات الحديثة والصناعات المختلفة: A body of knowledge upon which the modern nations in the economy and well-being and strength, and attention reveals many appoint Almguennin things refer to them when you need to build provisions.

(2) إصدار الموسوعات في جميع المجالات: Particularly specialized ones in a particular area; for example, there is a comprehensive encyclopedia of medical all aspects of medicine, and the Encyclopedia of doctrinal including all aspects of jurisprudence, and Guinness in the science and modern technology industries, and Guinness in botany, animal, and the Encyclopedia of Science in Physics and Chemistry, and so in all areas.

(3) Interest in research and various studies that can be taken advantage of in idiosyncratic rationing, such as comparative studies among all schools of Islamic jurisprudence, comparative studies between the law and the law. Also research and write different messages that discuss the thorny issues relating to the current era, this consists of cognitive perceptions which يستعان in idiosyncratic rationing.

(4) إقامة الندوات والمؤتمرات المختلفة التي من شأنها أن تطور الجوانب المعرفية المختلفة.

(5) إنشاء دائرة معارف عامة عالمية إسلامية، يجمع فيها جميع إنجازات المقترحات السابقة: Knowledge, encyclopedias and studies, research and business seminars and conferences, reference year for all the Islamic countries of researchers, students, and others.

Finally: Establishment of a scientific sub-districts in each country from Islamic countries, specializes in cognitive aspect of its scope broad and holistic.


*Rationing and innovation in contemporary Islamic jurisprudence held during the period (28-2) April 1429 / ( 5-8) April 2008 – Lectures Hall Sultan Qaboos Mosque.

[1]) Najjar, Abdel-Meguid, methodological requirements for the application of Islamic sharia law in fact present(Malaysia, the Islamic Youth Movement, i 1, 1413 -1992 m) P.18.

[2]) Sura: 170.

[3]) Tawba: 31.

[4]) Surat Al-: 26.

[5]) Surah: 48.

[6]) Al cattle: 148.

[7]) Nisa: 157.

[8]) Ismail, Fatima Ismail Muhammad, the Koran and consider mental( Virginia, the International Institute for Islamic Thought, i 1, 1413- 1993ملحق بسير *الشماخي), Pp. 104-108, quote.

[9]) Najjar, op cit, p 8, quote.

[10]) Ibid, page, quote.

[11]) Surat Amma: 38.

[12]) Al cattle: 164.

[13]) Najjar, op cit, p 21.

[14]) Seen this subject and detail methods consider the تحقييق of drafting Almqsidih Ibid, p 67.

[15]) عطية جمال الدين، ووهبة الزحيلي، تجديد الفقه الإسلامي(Damascus: دار الفكر، ط1، 2000م)P.31.

[16]) Surah: 90-91.

[17]) النجار، مرجع سابق، ص43-44.

[18]) نفس المرجع، ص49، بتصرف.

[19]) Seen: عطية، ووهبة، تجديد، مرجع سابق، ص36.

[20]) النجار، مرجع سابق، ص50-51، بتصرف.

[21]) Seen: النجار، مرجع سابق، ص84.

[22]) Seen: نفس المرجع، ص86.

[23]) Seen: نفس المرجع، ص94.

[24]) المرجع السابق، ص92-93. Adapted.

[25]) هذا رأيٌ لكثيرٍ من العلماء، ويوجد رأي آخر يعتبر الاحتكار واقعاً في كل حلالٍ ينتفع به مهما كان نوعه.

[26]) النجار، مرجع سابق، ص22، بزيادة وتصرف.

[27]) Seen: مجلة التجديد (كوالالمبور، الجامعة الإسلامية العالمية، العدد 14، جمادى الآخرة 1424هـ، أغسطس2003م)، بحث للأستاذ الدكتور سانو قطب بعنوان مسائل الاجتهاد بين الإقرار والإنكار، ص44.

[28]) Seen: النجار: مرجع سلبق، ص25.

[29]) Seen: تـفـصيل ذلك -شامل أنواع العقوبات -المرجع السابق، ص107- 115.

[30]) يذهب معظم العلماء الآن إلى تحريمه بعد أن تبين خطره وأضراره الفتاكة التي لا تقل خطراً عن أضرار المحرمات الأخرى كالمخدرات ( الحشيش والأفيون والخمر), Modern medicine that has proven and it causes a lot of deadly and malignant cancer, tuberculosis, loss of appetite and weakness of sexual ability and memory impairment and weakness of the body in general diseases, and enough of those unpleasant odors emitted from the smoker's mouth in addition to the toxic smell of smoke and odors that harm to non-smokers up who is close to him, . The self-preservation and the money of the purposes of Islamic law, in violation smoking habit so you do not need to be further statement.

[31]) Seen: Attia, and Zoheily, op cit, pp. 89-92.

[32]) Text of the interview: Nasr ibn Ali told Abdel Top Obeid-Allah ibn Omar from Nafi bin Umar reported that the Prophet e said: «A woman entered Hell because of a cat which she tied not feeding it or Tdahatakl it from the vermin of the earth». Pronunciation of steam: 3140، ورواه أيضاً: Muslim: 904, And Ibn: 2838, And Ahmad: 6763.

[33]) Seen: تجديد، عطية، والزحيلي، مرجع سابق، ص134-135.

[34]) هذا رأيٌ للدكتور محمد عبد الجواد مغنية، ينظر: كتابه التطور التشريعي، ص228.

[35]) رأيٌ ساقه الدكتور مصطفى الزرقا، ينظر: Book: الفقه الإسلامي، ص207. وله رأي آخر: ينظر الرأي الرابع.

[36]) هذا الرأي ذكره الدكتور عطية ولم يتـبناه.، ينظر: Book: التنظير الفقهي، ص216.

[37]) ذهب إلى هذا الرأي الشيخ القرضاوي والأستاذ الدكتور محمد كمال، والدكتور مصطفى الزرقا: ينظر كتبهم على الترتيب: المدخل، ص269، تاريخ الفقه، ص294، الفقه الإسلامي، ص209-210.

[38]) Seen: الزرقا، الفقه الإسلامي في ثوبه الجديد، ص209-210.

[39]) Seen: محمد كمال، مرجع سابق، ص41.

[40]) Seen: السليماني، عبد السلام، الاجتهاد في الفقه الإسلامي، ضوابطه ومستقبله(المغرب، وزارة الأوقاف والشؤون الإسلامية، دط، 1417هـ- 1996ملحق بسير *الشماخي) ص453.

[41]) Seen: القرضاوي، مدخل لدراسة الشريعة الإسلامية (بيروت، مؤسسة الرسالة، ط2، 1997م) P 270.

[42]) Seen: Muhammad, the former reference, pp. 37-38.

[43]) Seen: Ganzrla, Riad in favor, the Islamic vision of knowledge sources( Beirut, Dar Basha'er, i 1, 1414- 1994ملحق بسير *الشماخي) Pp. 66-67.

[44]) Seen: Abu Suleiman, Abdul Hamid Ahmad, a crisis of the Muslim mind(هيرندن, America, the International Institute for Islamic Thought, i 1, 1412 -1991 AD), PO Box 214, 220.

[45]) Muhammad, the former reference, page 41.

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