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Fates madhhabs

Fates madhhabs *

Preparation: Meets all the conditions legitimacy. D. Radwan Mr. **

Preface:

Back criticism jurisprudential tradition associated with the four Sunni doctrines of law to the eighteenth century, and by Sheikh Mohammed bin Abdul Wahhab, and Yemeni reformers such as Muhammad ibn Ismail Prince Shawkaani and Mokbily, some Salafist Indian figures.

However, that enters in the period we are dealing with is what I was after the middle of the ninth century AD, which is focused on three things:

Meets all the conditions legitimacy. Madhhabs criticism and advocacy to remove or overcome, and for two reasons: Caused by segregation and caused among Muslims, which reached distant limits and continuous. The traditional trend that defies reason and logic and evolution and compatibility with the developments circumstances. Was mentioned Mr. Jamal al-Afghani, it then continued his student Muhammad Abduh and his school. And distinguish between the followers of his school, Mr. Muhammad Rashid Rida, adding to the dimensions or other reasons a third reason is the Salafi and orientations Thorih and discretionary.

With. Cash manifestations of complacency and lethargy and الدروشة which represented all of us in the Sufi tradition and. While the Indians went Salafis campaign on mysticism deviations, and call for the return of Sunni Sufism as they said; carry reformers directly on the mysticism of the doctrines and practices, and نقدوا of the schools of Islamic jurisprudence that embraces mysticism absolute and without distinction Kalshafieh of Egypt, and Maalikis Morocco.

Jhlan عدون. Cash Ash'ari doctrine, the doctrine of the large number of Sunnis, the forced nature of it, and cash Maalikis and Shafi'i, in particular the adoption of arrest Ash'ari in matters of humanitarian action. This cash who appeared with Mohammed Abdo and Salafis Moroccans, soon to become a milestone in the Eastern Salafi (Wahhabism) After start posting messages Ibn Taymiyyah and Ibn values ​​of nuts in India, then in Egypt.

However, the twentieth century, which saw the storm variables in the lives of Muslims and Islam, received from other schools of Islamic jurisprudence, and in particular the four Sunni schools Nila severe, and is still ongoing developments to their disadvantage. And still a few of researchers and observers see the possibility of the survival of classical jurisprudential trends but severe within the modified and new; while you go a multitude of researchers that the jurisprudential traditions has ushered extinction since more than half a century. Doctrinal heritage will remain regarded as a key part of religious history, cultural and social, but it will be more than history, will not return to influence the direction of Islam or Musaúrh. Are Saord below Basta for variables related to the Sunni jurisprudence in particular doctrines.

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Variables and doctrines

First: Ash'ari collapse:

Many researchers spoke Muslims and non-Muslims, past and present for the separation of speech jurisprudence since the first centuries of Islam. They cite that that Mu'tazilis and Shiites and Sunnis, who disagreed with many faiths, remained متقاربين in attitudes and practices in worship and other branches of jurisprudence. There were flags of senior Mu'tazilis spigot or Zaydi or شافعية of the in Jurisprudence. But the reality is that many of the arguments prevailed with the theology of jurisprudence scholars, Vaqturn note native to the overwhelmingly large number of Sunnis are Shafi'i and Maalikis are. The Hanafi parted them little Balmetradah, then what to broadcast the differences that still move all under the title Ash'ari. Hanbali remained small differentiated in the belief and not in the doctrine of the three doctrines, but was forced to discipline under the banner of self-Ash'ari in matters and qualities and التنزيه and humanitarian act. So could Taqi al-Din Subki to say in the eighth century AH: Sunnis are all Ash'ari or do not go out for assets. And شذت them a few Hanafi joined to retire, and the lack of Hanbali said analogy and anthropomorphism.

Has made this digression, to say: The Ash'ari exposed to harsh attacks from reformists and Salafis Althdathein and historians of thought of non-Muslims over the twentieth century. It began Orientalist German Hbita, who was Secretary of the Dar al-Kutub the Mu'tazili as free thought in Islam, and considered Ash'ari algebraic prevailed after the fifth century AH Vqdt manifestations and phenomena openness of freedom in belief and practice. Thus Gaston said Viet later. And between this and that Muhammad is His slave and exposure disciple Rashid Reda Ocharih, cash and two different reasons. Mohammad Abdo “Unification message” Opinion in fate and destiny, and her mind in considering humanitarian work created God Almighty. Mr Rashid Rida is because he was saying the words of the prohibition on Salafists delve into theology, and rejects the interpretation of Quranic verses Almohma the metaphor or anthropomorphism. And what appeared to Mohammed Abdo timid, was declared by the other historians of modern Islamic thought and contemporary, especially when talking about al-Ghazali and Fakhr al-Din al-Razi and sails of religion Aegean. When we went to study Azhar mid-sixties there was no one to defend Ash'ari in all of Egypt, Dr. Ali Sami Nashar. As our teacher in theology at the Faculty of Theology was Sylvia, and had deliberately تدريسنا the book of Ibn Taymiyyah faith rather than beliefs Alnsfih and حواشيها.

And Thus it was Althdecion the يتشرفون belonging to the new retirement, while raising new audio enthusiasts belonging to the Salafist, anti-Ash'ari. As our teacher Sheikh Abdul Halim Mahmoud with a propensity mystic, it was felt that there was no need for theology all, Valmatzlh and Ibn Rushd يؤلهون the rights, Ash'ari Algonh, not only health as experienced by Alarafaon with God.

How do the impact of the collapse of the Ash'ari on the the fiqhi madhhabs?

Salafis they said always: The tradition If was non-is permissible in al-Furoo ', so how can be permissible in the the assets of of religion and aware of Unification?! In the belief of followers must, given in recognition of the text and a mandate or understanding where possible; In both cases the Ash'ari pedantic does not benefit. , Althdecion and secularists said: The Ash'ari arrest of it is impossible to open the door of ijtihad in the branches, and therefore can not be edited and rules of jurisprudence Ash'ari to become diligence theoretically possible. And our teacher Mahmoud Kassem, who was a quarrel our teacher the other Ali Sami Nashar was felt that Islamic jurisprudence, the whole field of work acts rights, has been frozen Jurisprudence Sunni already to say other scholars fatalism and creating acts of the people, so it was only natural that spreads trust in and dependency, and mysticism canceled both the effectiveness of humanitarian. What was Shaykh Muhammad Abu Zahra crucial in this regard, but he says sometimes: The composition of the assets of the Greek debt on logic is not correct, and perhaps last that idiosyncratic diligence in the old. But he went on to another matter, which is that the attack on the Ash'ari is in fact an attack on the doctrine of the Sunnis and the community, Salafis and deluded if they think that if Ash'ari crashed Vsasodon are. It was concluded Taha Abdel Rahman a few years ago that the doctrine Sunni Ash'ari broken, and broken with other schools of Islamic jurisprudence, and today instead of talking about the Sunnis and the community, we will talk about the fundamentalist Salafi and Sufi.

Secondly: Hit the jurisprudential tradition:

The schools of Islamic jurisprudence since the fifth century AH until the third century AH certain traditions and the powers and authorities, rules and assets and kinetic mechanisms within the denomination, and diets and customs between the sects. The appointment of al-Zahir Baybars in 665 AH for the judges of the four schools, after the appearance of the school Mustansiriya Bmmahbha four thirty years, an expression of a certain image of the legality of religion, and a certain image of the relationship of religion and state, and the image of certain functions of Islam within their communities, and in the wider world. Such as the abolition of the Ottoman Caliphate symbolic end to a classic picture of the world, had already expired by more than a hundred years. Have been hit the doctrinal tradition of the doctrines gradually through four things:

– The emerging needs of the new state formed. Which proceeded since the forties of the nineteenth century to enact laws in various fields replace the religious judiciary for judges of other sects, especially Hanafi. In the end, what remains is the area of ​​personal status, which comes out on religious traditions combining all doctrines, Bastraa of the provisions of the new regulations are taken from recent legislation.

– Reformers attack on religious discrimination, and the closure of the door of ijtihad. Mohammad Abdo has said in his interpretation of Nisa: The Hanafi bear a major responsibility for the rigidity of diligence in family issues.

– Salafis attack throughout the twentieth century doctrines and tradition, and invite them to the discretion of the immediate return of the texts of the Quran and Sunnah.

-Attack الإحيائيين and Islamic fundamentalists sects after hesitation, for several reasons: At the outset to remove the build-up barriers and combine, then the tendency to root solutions instead of tricks scholars and deficient Tsuyatem of the. Finally, for those doctrines link certain political power relations within the arrangements for the division of labor except neo-Islamists recognize it.

Thus, the people of the state and reformers struggled schools of Islamic jurisprudence and doctrine inherited modernizing motivated. While Salafis wanted to overcome tradition in favor of the text Hadithi. The biologists wanted to re-establish the identity of the individual and direct Baltaesel Community and suspicious minds to break the link between the Muslims and the world.

Thirdly: Weakening of weakening the institution and jurist roles:

There is no room here to study the reasons for the emergence of al-Faqih and the institution jurisprudence, and the roles assumed by the institution and practiced jurist to the outskirts of modern times. But we can say: Even insiders nineteenth century jurist was practiced within the tasks: Enactment of the task by eliminating fatwas, religious leadership, and the exercise of religious education, solving the problems of individuals fatwa, mediating and convenience between the necessities of the state and the needs of the people. We can say now: These tasks still or weakened except rites leadership, and religious education, and addressed to solve the problems of individuals fatwas. But these remaining tasks also exposed the jurist or cleric to the challenge and shared by others. And to clarify what I mean by this deflating as follows:

Meets all the conditions legitimacy. The state and the religious establishment: The twentieth century witnessed after the fall of the Ottoman Empire, three trials of the emerging nation-state with the religious establishment: Cancellation or experience severe weakening, and experience Alasttba, and the experience of positive or negative neutrality.

The biggest witness cancellation experience what happened in Turkey, where luxury is no longer the religious establishment any role, and رجالاتها exposure to prosecution. And confessed to her after any but receive some training to lead the rites and worship. The same thing happened in Albania during communist rule. The rest of the Arab and Islamic countries, what happened that persecuted religion itself, but the religious establishment been severely weakened in several Arab and Muslim countries again, so what has remained is the task of the leadership of rituals. The area of ​​personal status was March and practiced the rule of civilians is judges with religious education often.

The second experiment: And prominent state methods of dealing with the religious establishment it is Alasttba experience. It means to keep the institution, and its remaining retaining their positions and symbolic formalism, especially in religious education, opinion and sometimes spend personal status, but are subject tightly full of political power or the ruling class in both directions and education programs, or in the opinions of individuals. This experience has been and is still in the Arab and Islamic countries a major.

The third experiment: It is the experience of positive or negative neutrality, and let the political system and the religious establishment would, but he is not allowed to operate only in the areas of education and the advisory opinion; may then help her financially in it or do not help, depending on the state system.

It is noticeable that movements and Alhzabiyat the new Islamic emerged the strongest in the countries of cancellation and vulnerability. The less radical remained in Alasttba countries. It is less a presence and influence in the countries of neutrality, where the company continues to enjoy strong relative reasonable.

With. Enterprise and religious fundamentalism: What was the religious institution among the reasons for the emergence of Salafist fundamentalism and biological. But those fundamentalisms soon collided with the religious establishment after appearing Asttbabha the. We have mentioned before and faces criticism for fundamentalisms traditional religious establishment, including the palaces for addressing the problems of the times, and lack of attention purely faith and practice, Asttballa the political power. The نافستها fundamentalism in religious education and Fatwa. He then appeared saying the Islamic state to which the law applies, any imposition of religion says during the next state authority, fell religious institution with the rising awareness merger between religion and state among fundamentalists audience, in extreme embarrassment. She can not say the separation of religion from the state, but they can not also say merger between the two; as they have recognized the inevitability of conflict and strife and bloodshed.

 

Islamic doctrines and resistance to extinction

Yielded renewal efforts and open the door of ijtihad on the completion of many big judgments in various fields, and can be inserted under the following items: Jurisprudence in the area of ​​personal status, and jurisprudence in the area of ​​financial transactions, and jurisprudence in the area of ​​political doctrine and jurisprudence aimed to compete with the civil laws( Rationing), And achievements in matters of systematic and institutional renewal, and business dimensions in the future jurisprudence, and outstanding efforts in the areas of deployment of doctrinal texts, and studies in the historic creeds issues, and contemporary jurisprudence.

It could be argued that the achievements in the areas of personal, financial transactions was the most prominent during the twentieth century, and the first achievement due to the disruption of Islamic jurisprudence and out of use with the exception of the area of ​​family jurisprudence and laws. Jurists has been done already, but not alone, significant achievements in this area, appeared in numerous blogs among a large number of Arab and Islamic countries. And the area of ​​personal status This is the most prominent area already tracking modes of dealing over a century with the schools of law,. Have been rationing provisions of the Hanafi school in this area in the beginning, followed by rationing provisions doctrine Maliki, Valtguenin of the practical with the provisions of the Hanbali school. After the sixties of the twentieth century, and sometimes before it was to benefit in ways that selective Blog In one of the other doctrines. The borrowed Vkrta legalization and regulation of civil laws, and were sometimes exceeded the views of other schools to benefit from the faces of modern and contemporary thinking in this regard, and in the economic and financial affairs.

There is no doubt that the most important achievements that have found echoes in practice, as well as personal status laws, took place in the fields of finance, or what was known banks Allarboah the the then Islamic banks. It embraces today no less than the 500 Billion, and show as a competitor acceptable for exchanges, banks and ordinary.

But, as in the case of personal status, what scholars came up with these accomplishments, but Share legal, and financial experts who have studied the issues and corporate transactions, obligations and contracts in Islamic jurisprudence, and in the Journal of the Ottoman judicial judgments, and built them. This view of Islamic jurisprudence as inherited Ajthadia the as a whole, regardless of denomination, and jurists class that historically produced and managed.

And the voltage in the area of ​​political doctrine, or the jurisprudence of the state, strong or equally prominent. And for several reasons: The overwhelming preoccupation with the restoration of succession and experience compared to theories of the modern state, and the growing away jurists from the public sphere, and the emergence of fundamentalisms that came to the theory of religious state ( Or state that implements Islamic sharia); Inciting conflict is still burning Alawar between religion and state as defined by our history, the old or the mediator, and the re-production of holiness of the state because they relate to extreme religion in this view, and referred all the reasons and factors of legitimacy and political legitimacy on issues of symbolic and discretionary, drove out the jurists in all cases of the thinking and the ability .

It is in this way from the crisis, and the disruption of a link or weakness of scholars in the field of international jurisprudence or relations between Muslims and non-Muslims. Because after a short period of reflection for completion towards participation, Islamic fundamentalisms of crisis returned to this file, both in terms of the relationship biblical religions, or the relationship with the world. But it should look more carefully at the pros and cons of the experiences of the Islamic declarations of human rights, and advertising, the Islamic vision of relations between the United States and before and after ads Islamic constitutions. In these areas also participated other categories of scholars and experts neo-Islamists who often drove the argument of the State Islamic religious or sharia. Thus dominated by often either the specific character of the historical picture, or the nature of the ideal junctions of the laws and customs of current international.

Systematic and demonstrated achievement or systematic regeneration in the work of scholars of jurisprudence on jurisprudence interests and, later known jurisprudence purposes. Have ever had in the reformers of the jurists, then was a period of confusion and loss, to enter after in the purposes Matdlo the case neo-Islamists focused on rooting issue, in the belief that it behooves them to re-connect this promising horizon text on the one hand, and the faculties of Sharia second hand. However, these good potential for renewal of fundamentalist and idiosyncratic, as much as possible with access or through other to اجتراح mechanisms for reading text and استقرائه, not to reflect reality and requirements. This is due to the lack of knowledge on the part of researchers in destinations ancient mechanisms, and lack of knowledge of the mechanisms of modern. But before and after because of the imbalance in the relationship between religion and the state, and the imbalance in the concept of law and its relation to jurisprudence, and finally weak jurisprudential Foundation and direction of diminishing and disappearing, without the neo-Islamist scholars can grab or unilaterally by reference.

There are in addition to the efforts and achievements that we have mentioned, and the faces of renewal and palaces together, institutional developments relating to the institution or religious jurisprudence, in specific countries, and in the Islamic public sphere. There is the evolution of traditional religious education institutions to universities and colleges of the law. There are Ministries of Awqaf and Religious Affairs. There fiqh councils by Nusrat the idea of ​​collective endeavor.

Unlike Sheikh Mohamed Abdou fears Muslim fundamentalists; these institutions brought together people of doctrines, so there are differences are returned or sensitivities phenomenon; and but emerged compete and sometimes conflict between the scholars of the institution on the one hand, and Islamic jurists new second hand. And either to the different vision, location, or the apparent contradiction between الإحيائيين these parties and between existing authorities are still working in the shadow jurists.

We now have, and through institutional developments hopes replete Publications movement to other doctrinal texts in the historic creeds, and collect a steady effects extinct schools, and the early jurists. And consistency with the emergence of these important documents in the history of schools of Islamic jurisprudence and modalities of work and production, studies show many of the issues are different in those doctrines, and comparisons of her children, has appeared as we know For purposes of comparison, regulation and documentation encyclopedias doctrinal and fundamentalism, and other rules of fiqh or jurisprudence of this doctrine or that.

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حوصرت المذاهبُ الفقهيةُ، ثم حوصرت المؤسَّسةُ الدينيةُ، عَبْرَ القرن العشرين المنقضي، بثلاثة عوامل مدمِّرة:

Conditions and environments of modern that Ash'ari ruined, and ruined arrangements religious, social and cultural, economic and political, upon which the doctrines and the religious establishment.

The second factor: Necessities retrofit, then Ttlebatt the legitimacy of the modern national states in the lands of the Arabs and Muslims.

The third factor: فالأصولية Salafist sweep of religious and political areas, and new ideas and practices, hostile doctrines and jurisprudence institution or organization that can not fit with.

In result lost the doctrines then the religious establishment has lost more functions and roles, and the rest is driving rituals, religious education, and the fatwa. It is not necessary to first order, while the other two commands became shared by two other new Islamic parties.

It must here of historical Audhllthguib, to understand developments concerning بالتقنين and application of the law, and developments in the diets of the religious establishment of new state and the Islamists and the world. At the stage of rationing continued between the mid-nineteenth century, and the mid-twentieth century, it was the dominant character is seeking to join the schools of Islamic jurisprudence in the draft of the modern state, and civil competition law, and contribute to the making of the new adaptation of religious and political world of Islam. The first fruits of this endeavor Avenue magazine judicial provisions Ottoman Empire, and the peak of this activity has done Abdul Razzaq Sanhoori and his comrades from the blending between civil law and the many issues of Islamic jurisprudence in the three areas: Assets, rules, branches. But it was the results of this stage, the because of variables circumstances, the decline doctrines and Ahioyatea the differences, in favor of the selection of other sects and schools of Islamic jurisprudence turnout except Salafist integration and autism.

And on the outskirts of the second half of the twentieth century, and without rationing Onintha or his, it was moving, and this time not by the state or scholars, but by then emerging new class of neo-Islamists, from rationing to the application of Sharia thesis. Here we are talking about jurisprudence, codified or civil competition law and its intermingling; but full separation between the Islamic Sharia or divine law on the one hand, and positive or civil law on the other hand. Thus, it becomes logically claim and not Sharia jurisprudence, the application and not the rationing require diligent great; while just the application's claim that everything is ready, and the illness in fact and abroad, not in Islam. The complete separation between the Islamists and new national state saying after the application of Sharia Islamic state in charge of this application.

Thus combined three categories: Saying the overall system, saying commissioning the application of legitimacy, and argument governance;, which means the need to seize the state for the realization of the right, and put the law on the subject of respect and force. Because the argument sharia law, means a suspension of all legitimacy it; the owners saying application, نازعوا the religious establishment and the state list together. نازعوا religious institution for authentic and reference, نازعوا the political stakeholders, to seize power by put on top Oliadtha the application to return legitimacy of the State Islamic character. Islamists have been able to because Ahtgajithm and Jmahirithm to put in a religious establishment themes: Control or penetration.

The Sheikh Dr. Mohammad Saeed Ramadan Al Bouti has observed in the second half of last sixties Manalqrn the risk Allamzhbah ( Any non-التمذهب certain jurisprudential doctrine, arguing about the band and the dimension of tradition) Islam, and rightly considered that the GSPC is not a new doctrine, but is directed stream. But Dr Buti noted religious institution jam between the state and Islamic fundamentalists, and they are on their way to demise, due to dwindling roles and the gradual loss either for the state or for the benefit of the new Islamists.

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Conclusion

In conclusion, there themes:

Thread the end of the historical schools of Islamic jurisprudence, and the decline of traditional religious establishment, and the elite that question should be shown to be replaced or invent other mechanisms for driving reference and guidance.

A theme legitimacy of the society and the state, has been Muslim jurists part of a network of legality and legitimacy of these, has been involved systems and Islamists removed from them, and then here they are grappling them, what are the Malate legality and legitimacy, and where is the thesis of the civil state and state interests, from all this?

A few days ago I was reviewing three books in the old Islamic jurisprudence Arab origin researcher and Wael Barber, has recently been translated from English: Genesis and evolution of Islamic jurisprudence, and theories of jurisprudence and Islamic jurisprudence, and are schools of Islamic jurisprudence and the authority of al-Faqih and doctrine. I've had a tremendous amount of world culture, traditions and arrangements and structures, peace with himself, and entertaining quibble annoying at times and other times with the other and the world; because he considers himself a measure of legitimacy and legality.

Today, however, this world has passed or CAD, and hedge the destinies of the religious establishment and not fates Islam questions the great big central labor:

فيا دارَها بالخَيفِ إنّ مــــزارَهــــا قريبٌ ولكنْ دون ذلــــك أهــــوالُ

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

**Professor of Islamic studies and intellectual Lebanese University Lebanese Republic

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