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Encyclopedias doctrine and rules see some cash rationing idiosyncratic

Encyclopedias doctrine and rules

CRITIQUE about rationing idiosyncratic *

Preparation: D. Abdul Sattar Abu gland **

 

Preface:

What achieve scientific projects and intellectual achievements of high reputation of the institutions that sponsored, and the country that hosted more than exponentially far back from other achievements which are found everywhere, especially when the scientific project unique, and demand globally, and a duty religiously provides the beneficiaries time and effort .

Those are projects encyclopedias Principles of parameters and rules that help to activate the Islamic jurisprudence and science to help him; These value-added projects as Achievements that combine originality and innovation uncontrolled, and fills a basic need in the field of Islamic jurisprudence and law and save service (Religion) Which is the most important purposes..

God bless and guides to the Straight Path

* * *

First: Intended Encyclopedia

Intended Encyclopedia:

Encyclopedia means whatsoever without specific knowledge of the Code customization all-inclusive information science or more, shown by Subject (Terminology), Arranged and clearly does not need him to experience specialist or exercise researcher, written in simple fashion so as to allow understanding in principle to Mediterranean culture with knowledge of science proprioceptive, and meets at the same time need specialists with in-depth studies by combining good basic information and related details beyond those who do not . This should not be with the whole of the availability of great confidence with information Code Basoha for the approved references, or attributed to the specialists who entrusted with بتدوينها the so get reassurance Besdorha the released.

The previous display shows that the properties are encyclopedia:

A good comprehensive assimilation (And not just knowledge) For all or most heterogeneous Sciences.

B easy ranking in the presentation of information.

A simplified method appropriate for the Mediterranean culture with intellectual activity.

D obligations confidence, any reassurance of proven information([1]).

Intended Bamoosoat the jurisprudential([2]):

Review of the properties listed by the availability worth of scientific work descriptions objective that can be drawn doctrinal definition of encyclopedias as books of jurisprudence University absorb most of his statements, so that the window on the literature of jurisprudence, and earn back to her perception is true and comprehensive report on the topics included in the jurisprudence.

Differ encyclopedia about blogging, or Almtolat or Alambsutat or tribulations of references jurisprudence that did not take into account where all or most of the characteristics of encyclopedias, which are summarized in inclusiveness, and the order is easy, and the method simplified, triggers trust and acceptance; There will come a brief explanation of these characteristics without which it will be the launch name (Encyclopedia) On scientific work or the reference is for metaphor and forgiveness in the expression.

As well as encyclopedias for different dictionaries, indexes, despite their importance and analytical their relationship Bamoosoat the assistance such as business, knowing that some encyclopedias bore the name of the (Lexicon).

Although the research is to encyclopedias Islamic rules, it will come the overall signal to the business models of the encyclopedic, whether individual efforts or issued by official bodies. It should be noted that such acts encyclopedic referred each analytical Indexes for doctrinal references, and some dictionaries, and some encyclopedias mini or lengthy. Finally, some of that work has been done within the limits assigned to it, and some stops, some of which is still going on in the achievement.

It should be noted that in addition to what was published, there are no announced plans or was in some parties or individuals.. There is no infinite.

Jurisprudential goals encyclopedias:

s enrich the library article Islamic jurisprudence which is characterized by the quality of drafting, and depth in addressing the issues, and the collective effort in the consideration and thought.

s time-saving and other professionals to refer to direct sources separately in the preparation of legal studies in the field of higher education and legislation.

s Heritage Revival idiosyncratic and configured in terms of supply and output, and place it within the reach of everyone.

s facilitate a return to the legitimate sources to devise solutions to contemporary issues.

s development of legislation in conformity with Islamic law and regulates the affairs of life are all in accordance with her.

s keep up with Islamic jurisprudence in the display when reached by science and the development of knowledge in the form and style and methods of arrangement to facilitate the extraction of data.

s to facilitate the supply of banks and financial institutions Islamic alternative formats and styles from traditional applications, and the supply of those provisions of the medical procedures and interventions and medical research.

s transfer of Islamic jurisprudence from the world of books to the world of encyclopedias.

s contribution to the Islamic Sharia representation in international forums and areas of comparison between legislation.

s correct view of Islamic law to realize the depth and fairness of its data.

s contribution to the confirmation of the unity of the nation by combining Islamic doctrines in neutral comparisons.

Here are the last four clarify goals:

* * *

Secondly: Encyclopedias for work reasons jurisprudence and rules

Why the substantive work of jurisprudence encyclopedias:

* There is difficulty in the use of blogs jurisprudence to non-specialists in the Principles for the following reasons:

A / these codes are grouped by topics, not the way the terminology (Capital Titles).

B / intensify style, and its focus.

C / signals in those codes weighting methods well known to many.

For these reasons he thought some Muslim intellectuals and Western researchers and that a special jurisprudence Ages past that have emerged where those codes; had to be prepared to derive Encyclopedia taking into account the style and ease of use alphabetical order and clarify the terminology.

s The perception of Islamic law is not always fair, especially when adopting the researchers non-Muslims on the writings of some Almstserven biased and distorted sometimes the facts, and is conducted in some centers of Western universities when he takes teaching had not seen the jurisprudence, perhaps the difficulty through the difficult review the old, . Encyclopedias jurisprudence has contributed in sincere presentation of the law, and this is increasing when translating to basic language encyclopedia, has been to start a translation of the Encyclopedia.

s no secret that there are international conferences presented by the various global systems to extract what is common and what regulates international relations, and it was difficult to view the law through books doctrinal heritage of the scientific method sector; while encyclopedias style display, arranged easy provided an opportunity comparison .

The output encyclopedias jurisprudence dealing with complex jurisprudential trends for various doctrines emphasize Islamic Unity, briefed the followers of schools of thought on what the other sects, which reduces the difference, and allows drawing on various doctrines, and this achieves intellectual unity that is the basis of the unit.

The historical reason for the work first doctrinal generally encyclopedia:

The historical reason to seek first doctrinal Encyclopedia version to the decision issued by the Second Congress of the International Academy of Comparative rights Rights Division East, which was held in Paris in 1951 Under the name (Week of Islamic jurisprudence), And was attended by scholars from Egypt and Syria research in five subjects of Islamic jurisprudence impressed by the participants in the conference and those Orientalists and expressed surprise at what was described as Islamic jurisprudence from the rigidity and lack of Salouh to the needs of contemporary society; was promulgated in the end the decision for conferences unanimously text:

The conferees: Based on interest earned from the detectives that were presented during the ” Week of Islamic jurisprudence”, And what happened around the discussions that clearly draws them:

أ- أن مبادئ الفقه الإسلامي لها قيمة حقوقية تشريعية لا يمارى فيها.

With- And the different schools of Islamic jurisprudence in this group Great human rights involves a wealth of information and concepts, human rights and assets, is the focus of admiration, and their Islamic jurisprudence that could respond to all the demands of modern life and reconcile the needs.

Hoping to make up a committee to develop a glossary of Islamic jurisprudence easily refer to the writings of this jurisprudence, so the encyclopedia in which information is presented doctrinal Islamic and human rights according to modern methods.

Call for not only find doctrinal Encyclopedia on this decision was preceded by several suggestions for some of them scientists:

s proposal Sheikh Mohammed Saeed Albany find jurisprudential Encyclopedia, and in the last book investigation mayor in tradition and fabrication, i Damascus.

s and a book proposal magazine Sharia law, which was issued in Cairo, p 683 For the eighth year in 1349; Professor Sheikh Mohammed bin Hassan الحجوى, author of the book High thought, reported an article in the magazine.

s proposal Sheikh Mohamed Ragheb cook, sponsored by the department idiosyncratic publication of the book in the meaning of disclosure Asahah Ibn Hubayrah, number 1711 On 03/05/1956 As in the bulletin issued by the Committee encyclopedia, printed from the University of Damascus, 1379 H = 1959, has included the decision that the objective of the encyclopedia is:

A / display of Islamic jurisprudence presentation materials scientifically newly.

B / ease of reference texts in each subject to take advantage of them to the greatest extent.

C / guidance to researchers and every citizen sources searchable.

Syrian initiative to activate the decision to put the first doctrinal Encyclopedia:

This historic decision has not been activated global only in 1956 in Syria a year after the establishment of the Faculty of Law at the University of Damascus, where compilers Astsdr on college republican decree([3]) Thereon, has included the decision that the objective of the encyclopedia is:

A / display of Islamic jurisprudence presentation materials scientifically newly.

B / ease of reference texts in each subject to take advantage of them to the greatest extent.

C / guidance to researchers and every citizen sources searchable.

Has formed a committee of professors from the faculties of law and rights has developed a list titled (Encyclopedia of Islamic Jurisprudence: Idea, approach), Has made it clear the purpose of the encyclopedia, and doctrines covered, and preparation method, order, and the division of topics, references, and a writing system, and the research plan, and writing style, and the members of the supervisory committee, and the four stages of the work, which is:

1/ Collection of terms.

2/ Schemes topics.

3/ استكتاب research.

4/ Review of research and prepared for publication, and the form of copyright.

It was decided to be placed in Arabic while seeking to translate into other languages.

Syrian-Egyptian initiative to continue the encyclopedia project:

At a later stage, after the unit has between Syria and Egypt in 1958 Issued a republican decree No. federal 1536 On Jurisprudence Encyclopedia and adoption of the Supreme Council for Islamic Affairs Encyclopedia of common project, The Committee was expanded to include scholars from the two countries, and in 1961 Model released part in a folder included Encyclopedia 9 Of encyclopedia for the purpose of research notes received, one of several letters of Jurisprudence doors, contributed to the preparation of 5 Scholars from Syria, and 4 scholars from Egypt.

Methodology has crystallized more clearly encyclopedia where he developed an explanatory memorandum to the plan:

A / be arranged encyclopedia articles by letters lexicon.

B / be the names of Jurisprudence doors separate articles (Terms).

C / be the University of the eight schools of jurisprudence.

D / revenues evidence Conditions moderately.

E / address encyclopedia of jurisprudence and jurisprudential rules.

And / encyclopedia function is not a balance between laws, nor between the schools of Islamic jurisprudence, and the likelihood of some words on some, and disseminate research and opinions.

Project Encyclopedia of Islamic jurisprudence in Egypt:

استمر في مصر مشروع الموسوعة ـ بعد انفصام الوحدة السورية المصرية ـ وبدئ في إصدار أجزاء الموسوعة، بعد بيان خطتها في مقدمة الجزء الأول وهي الخطة المطورة المشار إليها أعلاه، ولا تزال مستمرة في الإصدار، وقد تم إنجاز مصطلحات حرف الهمزة، وهي أكبر الحروف من حيث المصطلحات، وقد سلكت الموسوعة طريقة الفصل بين المذاهب في العرض بخلاف طريقة الموسوعة الكويتية التي تعرضها من خلال الاتجاهات الفقهية وألحق بكل جزء منها تراجم للفقهاء الواردة أسماؤهم فيه، ولا تخفى مزايا كلّ من الطريقتين وحاجة الباحثين إليهما معًا.


Cause of action Jurisprudence Encyclopedia Kuwaiti especially:

The above is reason to think work doctrinal Encyclopedia; The reason for the work of the Kuwaiti Jurisprudence Encyclopedia is attributable to the following:

  • o stop jurisprudential encyclopedia project initiated by the Syrian in 1956 to implement the resolution referred to international after presenting the plan to Guinness for the first time and the preparation of the preparatory work and the model, without continuing to work for financial reasons.
  • o slow Egyptian Jurisprudence Encyclopedia Project hosted by the Egyptian Ministry of Awqaf through the Supreme Council for Islamic Affairs, and embarked on the publication of the first part of 1966 And by a part or two every year.
  • Encyclopedia stops initiated by the Association of Islamic Studies, through a committee headed by Sheikh Muhammad Abu Zahra, and the issuance of two parts only.
  • o general feeling in the religious and scientific communities need to issuing doctrinal Encyclopedia, and the emergence of the lectures for key stakeholders in the seasons of religious jurisprudence in Kuwait and other.

In order to achieve what looked past projects not Continued got up and Ministry of Awqaf and Islamic Affairs, Kuwait late 1966 Task accomplish doctrinal Encyclopedia, and continued in the preparatory work and preliminary research models encyclopedia five years, and then stopped in 1971 To collect scientific energies to him, then resumed its work 1977 After extensive introductory campaign and attract more experts, researchers, and released the first parts and distributed to the leaders of the Islamic countries and their leaders at the time of the Islamic Summit Conference in Kuwait.

The State of Kuwait, represented by the Ministry of Awqaf has been our mission to the Islamic nation, which is the transition to the world of jurisprudence encyclopedias.

Encyclopedias limited to the jurisprudence of financial transactions:

  • o practical and scientific encyclopedia of Islamic banks, issued by the International Union of Islamic Banks, reaching parts thereof (6), In addition to multiple supplements for each part; was issued under the guidance of Prince Mohammed al-Faisal, was the head of the committee supervising the d. Ahmed al-Najjar God's mercy, and was attended by a number of scholars and economists.
  • o in the compound of the International Islamic Fiqh jurisprudence economic encyclopedia project under preparation, teacher jurisprudential rules and regulations, and other projects related to Islamic jurisprudence.

Leaders doctrinal jurisprudence encyclopedias need to be updated in the output:

This, though major jurisprudential blogs that are characterized by inclusiveness and capacity are encyclopedias sectarian or comparison you need to develop modern display output assets, making her analytical indexes, and every doctrine of many of them, such as Mabsoot (In Hanafi), And recall and ammunition (Maliki), Containing ماوردي (Shafei), And the dispute Tusi (Jaafari)And Alzachar Sea (Zaidi), A book explaining the Nile Tfayyesh, and Shara statement of CAD, and the students approach to T Bin Saeed Alrstaqa, and law dictionary for Jamil bin Khamis al-Saadi (Ibadi).

Has turned out some books to encyclopedias, including almost put them glossaries and indexes such as the singer Ibn Qudamah (Hanbali), Local and Ibn Hazm (In virtual), And finally answers the Imam al-Salmi, which devoted a full part indexes, including the analytical index by terminology ranked.

* * *

Thirdly: Preparation steps encyclopedias jurisprudential

1/ Develop a comprehensive list of terms (Addresses topics):

Must begin with extract terminology jurisprudence that form the basic structure of the encyclopedia, which is about 5000 Term, Bastkhalasa the number of books in various doctrines jurisprudence, as well as in the glossaries and indexes jurisprudence, especially Lexicon Hanbali fiqh (Which was prepared in the preparatory phase of the Kuwaiti Encyclopedia of jurisprudence), And a glossary of Local (Which was issued by the Syrian project Jurisprudence Encyclopedia), With a rating of terms according to their nature between the original term or the term to refer, or repairer denote.

2/ The development of scientific plan, and plans topics:

It is necessary to work at the beginning of the development of the plan to write a scientific encyclopedia that define the framework of research and references and style.. Etc., so as to achieve consistency between subjects that written multi scientists, and that plan must be published in the first encyclopedia, with a summary of the abbreviations used in the encyclopedia…. Etc..

This should include planning for coordination of Almstketb the initially planned to search for adoption or amended by the Scientific Committee of the Encyclopedia.

3/ Writing research:

Entrust no original research to full-time experts at the encyclopedia, and you should not Agulwa (5) Experts, and scholars abroad in various countries of the Islamic world and the schools of Islamic jurisprudence, has numbered 170 Mstketba, and assigns a personal referral to research full-time researchers.

4/ Scientific research study:

Committees are formed in-house scientific encyclopedia consists of full-time experts, professors assigned in addition to their business advisors to the Ministry of Justice, and Kuwait University professors; The task of these committees validation of data and documented in the literature, and unite formulated.

5/ External audit of the research (Arbitration or evaluation), Then rely drafting:

After receiving research started from the outside must be sent to scholars versed for review and comments around, where they are placed under consideration for accreditation committee consisting of full-time experts to broadcast in those observations, and unifying approach to writing and drafting format.

6/ Directed by technical research:

To achieve the unity of the encyclopedia fabric output Committee (Consisting of researchers) Creation of research in terms of organization and complete the form polymath, and attribution of the verses, and graduated conversations and translation flags mentioned in the research.. And other forms of artistic output.

7/ Print encyclopedia:

Private Press was established to accomplish Print Encyclopedia parts by designer shape without prejudice to the deadlines or quality required quality in the encyclopedia, with the help of some the other بمطابع stages.

8/ Supplements Encyclopedia:

Than followed to cause Bamoosoat to the jurisprudential lists and many indexes such as:

A / Media Index mentioned in parts with subtitles concise encyclopedia them.

B / list of Almstketbin of inside and outside the headquarters of the encyclopedia, and other scientific devices already referred to committees and working groups to help.

C / a list of references which are derived encyclopedia research, and documented mention the author and the publisher and year of publication.

In addition to other supplements such as drawings and maps when needed.

* * *

IV: Aspects of originality, innovation,

In encyclopedias Principles and rules

Aspects of originality should be available in encyclopedias jurisprudential:

Of the most important aspects of the Secretariat in the presentation of scientific material, primary sources, documentation and evidence:

A / Secretariat in scientific presentation of the material:

The originality in encyclopedias jurisprudence in the presentation of the Secretary of trends jurisprudential Drawing upon original references for each doctrine, without relying on transport indirect wrote comparisons jurisprudence; because these books are often transported doctrine of the references are not supported or perception doctrine is what it is when his companions specialists .

However, the famous comparative jurisprudence books help to represent the doctrines and draw distinctions among them like a book singer Ibn Qudamah, local and Ibn Hazm and industrious start to Ibn Rushd.. Etc..

B / sources and references:

Sources which draws encyclopedias multiple jurisprudential doctrine, but not limited to a single reference or two, but often data are based on three or more references, make sure the ratio subject to the doctrine ratio documented.

C / presentation of evidence with the provisions:

Must be accompanied by doctrinal statements with evidence from the Quran and Sunnah and scholarly consensus, measurement and other evidence, It is obvious that the clarification of the rule and the statement of originality and roots in heritage.

Aspects of innovation in Jurisprudence Encyclopedia

Of the most important aspects of arrangement alphabetical terminological, the simplified method, the jurisprudential trends:

A / alphabetical order terminological:

Must Aruaa order based on the terms of any subject headings, in alphabetical order; Because arranged so consistent with fashionable in modern dictionaries, indexes used in libraries and the like.

Jurisprudential not behave encyclopedias door Sort by doctrinal purity, prayer فالزكاة… Etc.; Because this arrangement is not easy it is a specialist in jurisprudence knowledge of the search site to be referenced.

The statement must be placed to form the term, such as the adoption of the term full letters, or derivation asset; favorite is the first of the difficulty of access to the origin of the term is derived specialists in language.

B / simplified method:

Research must be designed encyclopedias jurisprudential facilitator understand manner متوسطو culture away from the scientific method of the center, and the disposition of the Secretary in terms of blogging transmitted jurisprudence to make it easier to be understanding of them, they are the center of between verbosity boring and brevity crowbar.

C / jurisprudential trends:

As well as the categories of doctrines has been through doctrinal trends University of agreement and disagreement, instead of displaying each individual doctrine; thus references can imagine encyclopedia topic in a holistic manner from one look, without repeating consider each doctrine then imagine their relationship to each other.

These trends were considered a substitute for personal weighting the researcher to ensure impartiality in the presentation, and rely on the appropriate evidence and frequent المتفقين in opinion.

Methodological reasons for the failure to extend the encyclopedia for each of the applicable legislation:

Did not include the Jurisprudence Encyclopedia legislation and applicable التقنينات, in other words: Is not in the preparation of research encyclopedia comparison with applicable laws and regulations, this was not inadvertently or omission of these two important sides. The reason for the failure to extend the plan preparation encyclopedia comparison is the fact that the laws of those laws vary according to the Islamic countries, as they evolve over time to meet the social and economic needs of the evolving.

But the encyclopedia article, which offers help to develop Shariah-compliant laws, and evolving into account the spatial differences through schools of Islamic jurisprudence.

In fact, the jurisprudential encyclopedia put before international attention the greatest doctrinal fortune known history shown by technical means soft, service of the legislation and legal development of wealth that are not indispensable Muslims and others.

The closer encyclopedia of Islamic jurisprudence of lawmakers and researchers in Islamic countries, and help to establish its life on the basis of self stemming from the Islamic heritage and the data, and facilitates take Jurisprudence mainly to unify legislation in Islamic countries.

As well as contribute to the encyclopedia in the interpretation of legal texts derived from Sharia, as well as the completion of Sharia law as a source of legislation and the primary source.

* * *

V.: Comparative between encyclopedias jurisprudence and modern literature in Islamic jurisprudence

Modern literature in Islamic jurisprudence either normal or encyclopedic in nature (Juristic acts Help).

Juristic writings regular:

A / messages to Neil Degrees of MA and Ph.D.: They deal with one subject or group of subjects are interrelated to form a theory or what clique.

It is no secret that they are not replaced comparison Encyclopedia in terms of comprehensiveness, and the collective nature of the encyclopedia is also different from what is in the Theses; Valrsaúl scientific enjoys into a total of committee discussion and the supervisor, unlike the encyclopedia that pass in the committees of multiple gaining themes full confidence and properties encyclopedic.

B / decisions doctrinal teaching:

They are also dealing with a set of doors, and writes one author, and are often devoid of references and scientific documentation due to limited scope.

C / explanations of the laws derived from Sharia:

It is limited to the clarification to be the texts of laws, and is a detailed explanatory notes to the laws with the views of commentators.

D / wrote Masrhjamah for whole sections of Islamic jurisprudence:

Such as jurisprudence year earlier to Sheikh Sayed (3 Parts), And jurisprudence on the doctrines of its Parts (5 Parts), And Islamic jurisprudence, and evidence of Professor Dr. Heba Zuhayli (9Parts)It features a detailed analytical book, a catalog according to the terms in about / 300 / Page making it the Encyclopedia of medium-sized.

But it is nothing to be acts of an individual or of a small committee, as well as not encyclopedic into account the characteristics of the already mentioned.

Jurisprudential literature relevant Bamoosoat (Business jurisprudential assistance):

As noted above, the situation that they were encyclopedias projects issued by government agencies or scientific.

As for what else they are either prepared by individuals, or are sometimes small groups, or they glossaries and indexes or analytical terms, but not encyclopedias, or they encyclopedias for a particular jurisprudence of Imam.

There is no comparison between the encyclopedias jurisprudence that are major project to view doctrine full of various doctrines, and between business encyclopedic assistance longer works, paving the encyclopedia, or soft for their preparation, and serves as Syndication doctrinal in alphabetical order or keys for blogs big is too difficult to search not for those indexes or .

The following is a brief about this relevant literature Encyclopedia to see the vast gap between them and the encyclopedia, which is:

A / encyclopedic dictionaries jurisprudence.

B / encyclopedias some companions and followers.

C / Dictionaries jurisprudence and its aftermath.

D / dictionaries in doctrinal terms.

E / analytical jurisprudence indexes for basic doctrinal references.

And / language dictionaries Jurisprudence.

A / encyclopedic dictionaries jurisprudence:

* Glossary of virtual jurisprudence Ibn Hazm:

Prepared in the framework of the preliminary works for the Encyclopedia of jurisprudence in Syria, and was attended by Sheikh Mohamed Kettani victor and Sheikh Mahmoud Almkadin the reviewed by Sheikh Abdul Fattah Abu gland mercy of God, which is in two volumes (1147Page), Printed at the University of Damascus in 1966, and included the introduction of tariff by Sheikh Mustafa Zarqa.

It is tied in terms doctrinal statements alphabetical ranking.

The intent of preparing the composition of the terms and structure as a guide assistant to book encyclopedia; Local because of comparative jurisprudence books, has taken the form of domestic issues numbered.

* معجم الفقه الحنبلي من المغني لابن قدامة:

Do not hide the importance of the book in terms of the singer collected four schools of jurisprudence, etc. In addition to the Hanbali school has been prepared on the pattern of the local lexicon, but after numbering issues and chapters singer.

It is in two volumes, has the right to some editions singer himself in the first edition also containing tiny little convincing explanation.

It has been prepared by assistants who have been inclusion in the encyclopedia since its inception and contributed to the revision of others after them.

* التقريب لفقه ابن قيم الجوزيه:

Dr. Bakr Abdullah Abu Zaid, collected 31 A book is in two volumes, and added to the jurisprudence of the son of values ​​and choices of assets, rules and differences, printed Riyadh 1401.

* معجم فقه السـلف:

The winner of Sheikh Mohammed Kettani, prepared with the help of a number of his disciples at the University of Damascus to the jurisprudence of the companions and followers, with the jurisprudence of strain without being subjected to the four schools of jurisprudence.

The Review: Local singer and verse and the opening Bari and Neil Awtaar and the ways of peace.

He has plans to reach 100 Folder, and released him 9 Only lasted two years, making him 5 Indexes. Was published from Umm Al-Qura University, the International Center for Islamic Education in Makkah.

B / encyclopedias some companions and followers:

Including: Encyclopedias issued by Prof. Dr. Mohamed Rawas Qalaji El.

Including: Encyclopedia of jurisprudence Nakha'i (His Ph.D. thesis), Then four caliphs and the son of Massoud and others.

It is worth mentioning that the purpose of the boot and put comprehensive encyclopedia of jurisprudence start Pfgahae companions and followers and then sectarian Encyclopedias.

The substance is derived these encyclopedias of comparative jurisprudence books and wrote explanations talk and other.

  • Encyclopedia of jurisprudence Omar bin Khattab with jurisprudence budget months hardworking Dr. Roiei Rageh Rehaily, which is in the border crimes.
  • Encyclopedia of jurisprudence Said ibn al-Musayyib, by Dr. Hashim beautiful.
  • Encyclopedia Fiqh Awzaa'i Dr. Abdullah al-Jubouri.

C / dictionaries in jurisprudence and its aftermath:

  • o Encyclopedia (Lexicon) Jurisprudence, the Dr. Sano pole, a member of the International Islamic Fiqh Academy, and a professor at the Islamic University in Malaysia, arranged the terms of fundamentalism.
  • o Encyclopedia consensus in Islamic jurisprudence, for Saadi adviser Abu pocket, Encyclopedia researcher formerly legitimate then the judge in Damascus, has served the task of director of the Islamic Fiqh Council Association period. I Heritage Revival house in diameter 1985. Arranged on alphabetical terminology while retaining the words of scholars.

D / dictionaries in doctrinal terms:

  • o the economic vocabulary in the language of scholars, Professor Dr. Nazih Hammad, the publishing house of the Islamic World Book and the International Institute for Islamic Thought, 1981, then repeats edition with many increases.
  • o Glossary of Sharia and Law, Dr. Abdul Wahid Karam, reviewed by ten experts, which is in Arabic, English and French, printed in 1998 AD.
  • Glossary economic jurisprudence, the preparation of a group of researchers commissioned by the Kuwait Finance House, which has published.
  • o analytical indexes for basic doctrinal references: Manual search terms citizen has been prepared within the framework of the preliminary work for a jurisprudential Syria encyclopedia of by Dr. Mohamed Zaki 'Abd al-Barr, then rank and جهزه of the output, Dr. Abdul Sattar Abu gland. It is the five books are: Local and convincing and the beginning of industrious and guidance and Wajeez..

Has been hired by the formation of the structure of the terminology when preparing for Encyclopedia of jurisprudence in Kuwait.

  • Index singer, without doctrinal statements, by Dr. Mohamed Suleiman al-Ashqar.
  • Appendix Index little explanation in the Maliki school, Dr. Kamal descriptive.
  • o numerous analytical indexes that have been collected for many books in the collection window terminology and create evidence to facilitate drawing of indexed references. Which was published in the early: I'm Index Abdin, already referred to an early index footnote son Abdeen developed by Professor lawyer Ahmed Mahdi vegetables, and former Minister of Awqaf Syria. Index explain the curriculum footnote Kaliouby and other. And index collection mosques in jurisprudence. And index Muslim permanence..
  • o then indexes تتابعت outside your encyclopedia for other books such as: Crown jewels Index prepared by Mr. Mahmoud the cook, and reviewed by Sheikh Meshal Mubarak Abdullah Al-Sabah in the first period for his work in Jurisprudence Encyclopedia Kuwaiti researcher before becoming Managing Director.
  • And talents Index Galilee Hattab, who prepared Sheikh Taha Al Rayyan.

And / language dictionaries Jurisprudence:

  • Glossary of language scholars Dr. Hamid Sadiq Alguenia, and Dr. Mohammed Rawas Qalaji, publishing house of valuables 1985.
  • The idiosyncratic language dictionary and idiomatically, consultant Saadi Abu Jeep, in 400 pages, printed in Dar thought 1982.

On the occasion referred to indexes analytical jurisprudence books is to be noted the project assistant for the Encyclopedia of jurisprudence Kuwait, a side project has been interest in him in preparation for the encyclopedias jurisprudential Kuwait, where she developed the urgent need to prepare indexes analysis of a number of the most important blogs jurisprudence, as the Jurisprudence Encyclopedia relevant :

A / The preparation of indexes jurisprudential an important stage of preparation and setup of the Encyclopedia; because they make it easier for Book encyclopedia identify to search citizen, and in particular what little misplaced expected.

B / jurisprudential through catalogs configured the verbal structure of the Encyclopedia of limiting the terms that form the entrances to display research.

C / analytical indexes jurisprudential references provides Mstketbin with adjuvant addition to the custom in the doors of the subject; Because of the usual and Rhode many of the issues in digression is مظانها.

Has been hired in the draft indexes jurisprudential analytical Palmahlain in analytical indexing assets of forensic specialists after training on technical indexing process.

* * *

VI: Jurisprudential relationship encyclopedias legislation and laws

Not appropriate extension of jurisprudential encyclopedias to legal comparisons, and the reason is the fact that these laws vary according to the Islamic countries, as they evolve over time to meet the social and economic needs of the evolving.

But encyclopedias provide material that help put the laws compliant with the law, and widening into account spatial differences through schools of Islamic jurisprudence, namely through Ibhathaalmuammqh put before the eyes global greatest wealth doctrinal've ever seen before roads technical facilitator, service of legislation and the development of wealth legal indispensable .

The closer encyclopedias Islamic jurisprudence of lawmakers and researchers in Islamic countries, and help to establish its life on the basis of self stemming from the Islamic heritage and the data and facilitates take Jurisprudence mainly to unify legislation in Islamic countries.

As well as contribute to the encyclopedia in the interpretation of legal texts derived from Sharia, in the completion of Sharia law as a source of legislation or the primary source.

In fact, encyclopedias jurisprudence, in addition to being an essential reference for research prepared by scholars in various fields, they are based on scientifically notes and arguments formulated by judges and lawyers, which is also a reference to the مفتين and science students who are preparing letters or research and studies for presentation at conferences and seminars.

This prestigious encyclopedias jurisprudence arising from the properties that characterize information documented and approved, and to accommodate the various jurisprudential destinations encyclopedias, and the fact that the margins that include attribution to the references as a guide makes it easier for researchers to access detailed search citizen heritage in the references to the various doctrines.

The presence of encyclopedias in the hands of researchers doctrinal necessity of scientific and religious scholars words obligation, must be for the owners of the promotion of the fall of sin for the rest, and say بفرضيتها what is only a matter of (What is not to be, but it is the duty of).

It is obvious that it is not Islamic jurisprudence task performance in life, but by facilitating knowledge did Diaspora from the wombs of Amat jurisprudence books written for other than these times, and had to authors different approaches in the way of authoring and choose terminology and scientific symbols and methods of weighting, as well as the denial of indexes analytical minute, and the loss of .

The encyclopedias check تذليلا of obstacles material in the way of diligence and legislation today to repay the needs of human rights emerging, as it has become a reference for understanding and interpretation and application on the side of a few of the laws derived from Islamic law in personal status phrase, and in the ways of civil rights and trade.

In addition to these scientific purposes, the existence of comprehensive encyclopedia of Islamic doctrines in force in the Islamic world is a cause of rapprochement between those doctrines and benefit from Roaúaha, and unite the Muslim Ummah legislative and Takaful efforts to fill discrimination campaigns, including.

This on the Islamic level, and at the global level is no secret the remarkable interest in international conferences to represent human rights trends in the world, especially Islamic Sharia as dominant on the eastern rights.. Unfortunately, significant deficiencies in the performance of the ideal role to highlight the positions of Islamic law in the new issues because of the barrier of time between references and between the style of the times.

It is well known that Islamic law has taken its role in comparative studies of international rights, and went to search where the number of grams of Orientalists like (Schacht, Billy, بلفوند, Bellew, to اووست, David, شلنجر, Omnjun, نولدكه, Wolf… Etc.). And set up several centers for Islamic studies at universities of Europe and America. As some of the issues raised in the international courts, in connection with the oil agreements, which was based on the fundamental principles of contract in the light of Islamic law and there was no way to meet the requirements of this global openness of the law, but the existence of the Encyclopedia of doctrinal before modern methods.

ولا بد من التنبيه إزاء هذه المطالب الحيوية والصعوبات الملموسة بأن في الفقه الإسلامي من المقدرة والاستيعاب والثراء ما يلبي أكثر من تلك الحاجات إذا ما أتيح له التخفف من الأسلوب القديم في الشكل، وعوائق الاجتهاد في المضمون، وإخراجه بصورة متفقة مع ما وصلت إليه المدنية الحديثة من وسائل النشر والإخراج، حيث إن تلك الوسائل قد تطورت، وظلت مراجع الفقه الإسلامي حبيسة الطرق القديمة في التأليف، وتلك مهمة أبنائه ومسؤولية محبيه. The transfer of Jurisprudence from the world of books to the world of encyclopedias completion guarantor highlighting the inherent beauties of this jurisprudence to take a leadership role in the application of knowledge and.

* * *

Seventh: Jurisprudential rules intended, and its importance

The definition of the base language and idiomatically:

The base language: Out basis, ie: Masters of construction that deliberate([4]).

It calls on what was originally sensory bases House, and what was originally moral bases of religion.

The In terminology when scholars They are: College issue applicable to all fractions. Some preferred the phrase “More fractions”.

And known scholar Sheikh Mustafa Zarqa God's mercy as ” Doctrinal College of assets, in a brief constitutional texts, containing general legislative provisions, in incidents that fall under the theme”([5]).

Jurisprudential distinction between al-Qaeda and similar:

A / discrimination jurisprudence base for forensic officer:

Al Qaeda is not competent officer other than the door; They combine various branches of the doors, and the officer collected from one door. It is the nature the frequent Msttnyatea base([6]) Unlike the officer because one subject. The tolerate the expression of either one from the other, not مشاحة in terminology.

B / discrimination jurisprudence base for jurisprudential theory:

Sheikh Zarqa theory known as jurisprudence: Constitution or a great concept compose a jurist objective Menbtha the system in jurisprudence, and control elements in everything related to theme of the people of provisions. And knew Dr. Ali Nadwi as the subject of jurisprudential includes doctrinal matters reality of Staff and the terms and conditions, including relevant doctrinal and collected by the objective governed by unit. Examples include: Theory of property, contract theory, the theory of eligibility.. Etc.

A much broader theory of the base, are may include many rules([7]).

C / discrimination jurisprudence base for al-Qaeda fundamentalism:

Similar jurisprudential rule of fundamentalist rule, in terms of اندراج particles below them, and differ in terms of the fundamentalist rule is evidentiary issues which extrapolates legislation, The jurisprudential rule is that fall under the provisions of the doctrine itself([8]).

And rules due fundamentalism to devise a jurist steady, while the jurisprudence It combines the results of a majority of eduction.

Senior Complex has issued a fundamentalist household encyclopedia entitled ” Rules of jurisprudence” With classified in a modern style. As noted earlier jurisprudence Encyclopedia of Dr. Sano pole ([9]).

The importance of doctrinal rules of jurisprudence and rationing:

Praised Imam Quraafi the importance of jurisprudence, that can adjust its rules jurisprudence sacked save more particles to اندراجها in the colleges. And jurisprudential rules facilitates keeping Jurisprudence and be jurisprudential Queen, and facilitate the development of provisions for numerous applications.. Etc., do not have room to list the important aspects of the Principles([10]).

In the area of ​​rationing fact that the rules of jurisprudence during صياغاتها university serves as beacons of rationing, which collectively form the basic principles of the laws derived from Sharia.

Two examples of this fact:

One Old: The jurisprudence in the export rules in the Journal of the judicial provisions (Which was the civil law of most Islamic countries, in the era of the Ottoman Empire) Status 99 Base before tackling topics. A modern example: Is the Jordanian Civil Law, where he also issued those rules and ninety-nine.

The emergence of jurisprudence:

Most books classified as indicated in the rules to the historical aspect of its inception, according to milestones, and has appeared in every stage of the written rules (Seen: Jurisprudence, d. Nadwi 1/77 228, and the rules of the headquarters, achieving d. Ahmed bin Humaid 1/120. And a glossary of rules jurisprudence Ibaadis, d. Mahmoud Al Harmouch, 1/14 ـ 45 Etc. ..).

This is not intended this research, demonstrates the continued interest has long been the subject of jurisprudence.

* * *

Eighth: Definition Bmosusat the jurisprudence

Literature on the subject of many rules, and methods of different authors, and opinion start including Snvoha of the encyclopedic manner by other methods, and who tried to assimilate, and arranged on the terminology alphabet letters or by early-dependent characters:

A / Book ” Wallflowers in the rules ” For Zrkachi, in three parts, which - rightly encyclopedia of rules. Has achieved d. Facilitate ultra Mahmoud, reviewed by Dr.. Abdul Sattar Abu gland. Zarkashi said at the beginning: “Arranged any rules on ABC lexicon, for easy eating model teacher”.

B / Encyclopedia of jurisprudence, collect and arrange d. Mohammed Sidky Borno, in four parts, which arrived to الثاء character.

C / population jurisprudence in financial transactions, preparation, Dr. Ali Ahmad Nadwi three action. Dissemination of Al-Rajhi Banking and Investment in 2000, was arranged by the general rule or privacy. Then cited an index to all of them arranged on the letters to facilitate access to those rules.

D / Glossary of jurisprudence Ibadi in two parts (622Dish), Publication of the Ministry of Awqaf and Religious Affairs of the Sultanate of Oman, extract a. D. Mahmoud Mustafa Abud Al Harmouch, has arranged the characters according to the beginning of the al-Qaeda. Although by Address for Ibaadis, but most of what the joint between the sects, he said Sheikh Abdullah bin Mohammed Al Salmi, sponsored by “Despite the fact that there are special rules sectarian school (Doctrine) Certain Valoam mostly agree on more rules “.

There are codes in the rules like encyclopedias in terms of the combination, though it نهجت objectively or by arrangement being college rules for most issues, or college rules for some of the issues, there are arranged on the doors of Jurisprudence.

To Aqrafa a special way in the collection of jurisprudence, where he focused on differences between similar rules, according to Zaher, فأبدي with each of the teams in the application. And his book in four parts.

Reference has already been made to the rules issued by the College magazine judicial sentences which explained (With the same magazine) Many. And singled explained in an orderly (Annotation, application, Excluded) Sheikh Ahmed El Zarka's father, Sheikh Mustafa Zarqa, achieved by Dr.. Abdul Sattar Abu gland([11]).

The judge also that Sheikh Ahmed bin Abdullah who put the magazine continental magazine similar to provisions of justice, but on the Hanbali school, her college rules at the beginning of each section of the doors. This proves the role of jurisprudence in the area of ​​rationing.

* * *

IX: About rationing idiosyncratic take advantage of encyclopedias Islamic jurisprudence

Booting:

It should be noted at the outset to-peer who crowded jurisprudence in the present era and Gas through their homes, as a result of political weakness and backwardness intellectual syncope Islamic country, modern فهوت hearts to the preference of jurisprudence, and replace it with the organization of the affairs of life, that peer is: (Western science Rights), Has been established for the study of science centers are huge (Law Schools) And the like, was the first of the Institute of Law Balastana the capital of the Ottoman Empire and then in Egypt, Beirut that pervaded the rest of the Islamic countries. And these centers had far-reaching effects in the lands of Islam.

There is no doubt that these centers in reality the country's Islamic Sdaha and sheltered study Western rights and is divided by the status of laws translated from the West, laws, and not to the study of Islamic jurisprudence, only a small representation in the faculties of law only, in terms of family and show some aspects of the jurisprudence of transactions on behalf of the rule of Sharia . But beyond that there is no studying than being overwhelmed by this great Fiqh only renounce supplied just history.

It was should study in law schools and likened to Islamic thought and jurisprudence heritage originality, taking advantage of the methods of the new search, and extract as a substitute for those theories legal Bank; It is not something which executed a counterpart to him in Islamic jurisprudence viability texts to develop, and the many doctrines of different tendencies. This richness Verifier in all areas of constitutional, administrative or international, or sanctions, and Economics and Finance.

Thus duplication occurred in the education of the doctrine, and the dominance of the Western rights that qualifies learned what does not qualify him to learn Islamic jurisprudence in most Islamic countries where Sharia absent from the area of ​​governance in most Islamic countries.

Did not compete with Western rights of Islamic jurisprudence in content, but in the search method, it has brought with it the provisions of the theory of general obligation transactions that do not deny their quality in the presentation of the provisions in the form of a coherent mode appears to act since its release to the expiry. مع أن من السهل أسلمتها، كما فعل أساطين الفقه والقوانين مثل الشيخ مصطفى الزرقا، وقبله الشيخ أحمد إبراهيم، وكذلك د. شفيق شحاته وغيرهم.

It is well known that the Islamic jurisprudence saw colors of classification which, many diverse cast some of the legal drafting because of, the written rules of jurisprudence, and differences, and likes and isotopes whole nucleus of the theories of human rights and jurisprudence from the Islamic perspective; They combine the branches emanating from the principle of one. In the face of this vacuum initiated Contemporary scholars to avoid writing according to this theory, which left the former, despite eating its elements and its subsidiaries Bozachr of what has been written about them, but did not want in the temple and planned.

وأول هذه المحاولات لعرض الأحكام الفقهية بصورة تماثل نظرية الالتزام العامة ما كتبه العلامة الفقيه محمد قدري باشا في مطلع قانونه الفقهي (مرشد الحيران), Where coined the provisions of the transactions section in then special provisions, but the attempt did not recognize the shortcomings that accompanies each beginning in a new command, followed by the jurist scholar Sheikh Ahmad Ibrahim in your memorandum Alambtdoh theory of commitment and corresponding in Islamic law, has remained essentially each .

Attempts to legalize Jurisprudence in Islamic eras:

I have experienced since ancient Islamic eras attempts rationing and drafting systems in medieval Islamic jurisprudence thriving, and may not find these attempts entitled word (Law) مع أنها لا تختلف عنه في الحقيقة، بل إن كلمة (Law) التي ينفر منها حينا وتذم أحيانا على إطلاقها دون التقييد بالقانون (Postural) مِمَّا سبب مواراة هذه التسمية في بعض البلاد خلف كلمة (System), With the word on the tongues of jurists hesitated to express their former al-Qaeda or the officer or curriculum, such as what came in the speech Subki in classes (5/221): “وما ذاك إِلاَّ لاشتغال الشافعي بما هو أهم من ترتيب قوانين الشريعة “، وفي كلام ابن الجوزي في ” مناقب الإمام أحمد ” P 308: “لم يزل الناس على قانون السلف”.

كما ظهرت كلمة (Law) في عناوين عدد من الكتب للدلالة على العلم المنقح المقرب للباحثين، فقد صنف الفقيه المالكي ابن جُزّي (المتوفى سنة 741هـ) كتابا على هذه الصفة من الوجازة والاختيار وسماه: “القوانين الفقهية في تلخيص مذهب المالكية “. وللغزالي (المتوفى سنة 505هـ) Book “قانون التأويل” ولابن سينا كتاب “Law” في الطب، ومثلها كثير في مختلف العلوم. وإن التقنين وسيلة لعرض أي فقه أو تشريع بأسلوب خاص من حيث الصياغة المحكمة.

أما تلك المحاولات لصياغة الفقه في أنظمة فهي كثيرة نختار منها نماذج مختلفة:

Accorded: ما حدث في صدر العصر العباسي (عصر نشوء المذاهب) When Ibn al suggested in 144 AH at Abu Jafar al-Mansur ordering a book in which the necessary questions with answers remember her from the doctrines of scholars, then choose Ergehha circulated; located to the judiciary, including without conflict or imprecision. That proposal also was detailed in a letter of his companions, was the Caliph celebrated Mansour so, was it what it is famous of its reference to the Imam a book Muwatta, and desire in people's palace him and prevent them than others; but Imam owner of God's mercy refused him so special reasons . وقد تكرر طلب المنصور منه ذلك مرتين عام 148هـ، وعام 163، ويقال: إن ذلك حصل من الرشيد أيضًا معه.

وتبعت ذلك محاولات أخرى مشابهة، بل يرى بعضهم أن تبني الخلفاء لمذهب دون غيره هو من هذا الباب، من حيث اختصاص ذلك المذهب رسميا بالتقاضي إليه دون غيره.

In the ninth century, we find the Caliph of the Ottoman Sultan Suleiman the Magnificent famous organized state administration asked the jurist of the Hanafi Ibrahim bin Mohammed Al-Halabi put a reference for judges and muftis, Faisog this book arbitrator combines the texts of the four selected for the advisory opinion in the Hanafi school, and he calls “ملتقى الأبحر” وقد شرح وطبع مرات.

In the century atheist ten Islamic desired King Indian Muslim Mohammed Ornkzab Gov. Aalmacair in a formal code of jurisprudence practical being eliminated accordingly, and relied on it to a committee of jurists tap, headed by Sheikh Nizam Alberhanbura, Fastkhrjoa provisions process preponderant Mufti in the Hanafi school, it was so “الفتاوى العالمكيرية” “أو الهندية”، وهي مشهورة متداولة تشهد بالجهد الكبير المبذول في إعدادها.

وكانت المحاولة الأخيرة الناجحة أيَّام العثمانيين يوم صاغوا قانون (المجلَّة الشرعية) من فقه المذهب الحنفي، وكان عصمة من التقنين الوضعي الذي تعرضت البلاد الإسلامية لخطره. وقد سبق الحديث عن المجلَّة وعن مشاريع القوانين التي وضعها العلامة محمد قدري باشا وخاصة (مرشد الحيران).

ولذلك ينبغي لتأريخ فكرة التقنين في البلاد الإسلامية أن يفرد التقنين الشرعي منه، فتجعل بدايته من أولى تلك المحاولات في القرن الثالث الهجري، ويرجع الوضعي منه لا إلى العصر الحاضر ولا إلى قانون الجزاء العثماني، بل إلى دخول هولاكو بغداد وإيقافه تطبيق الأحكام الشرعية، واستبداله بها قانونا وضعيًا من صنع سلفه جنكيز خان الذي أخذه من الشرائع السماوية كالإسلام والمسيحية والآراء البشرية والعادات ـ مثلما يحدث في القوانين الوضعية الآن ـ، ودعاه (الكاسة) Or (الياسق)، وطبقه التتر على المسلمين قسرا مدة احتلالهم بغداد كما أشار إلى ذلك العلامة ابن القيم في بعض كتبه.

Praise be to Allah, Lord of the Worlds.


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

**Chairman of the Shariah standard of Albaraka Banking Group, and a member of the International Islamic Fiqh Academy.

[1]) Of (التعريف بالموسوعة الفقهية) مقدمة الجزء الأول من الموسوعة الفقهية (Page 53)؛ وذلك التعريف من إعداد الدكتور عبد الستار أبوغدة.

[2]) من المقدمة التي قمت بإعدادها ونشرت في الجزء الأول من الموسوعة الفقهية الكويتية بعنوان التعريف بالموسوعة الفقهية “.

[3]) Number 1711 On 03/05/1956 كما في النشرة التي أصدرتها لجنة الموسوعة وطبعت من جامعة دمشق 1379هـ = 1959م.

[4]) San Arabs 3/361 والمفردات في غريب القرآن، للراغب الاصفهاني 409.

[5]) التعريفات للجرجاني 171. وحاشية الحمدوي على الأشباه النظائر 1/12. والمدخل الفقهي العام للشيخ مصطفى الزرقا 1/234. And a glossary of rules jurisprudence Ibaadis, d. محمود آل هرموش 1/7، وقد أشار إلى أنواع التمييز للقاعدة الفقهية عن غيرها وخصائص القواعد الفقهية 1/ 9 ـ 12.

[6]) الأشباه والنظائر لابن نجيم 192. والقواعد الفقهية للدكتور يعقوب الباحسين 66.

[7]) Entrance idiosyncratic 1/253 والقواعد الفقهية للندوي 65

[8]) الفروق للقرافي 1/2.

[9]) بعض الباحثين اهتم بالتفريق بين القاعدة الفقهية والقاعدة النحوية أيضاً (معجم القواعد الفقهية الإباضية 1/9).

[10]) قواعد الفقه الإسلامي، د. Mohammed Rockies 121. القواعد الفقهية الكبرى، د. عمر كامل 1/ 56.

[11]) طبع مرتين، في دار الغرب الإسلامي 1983 ثم في دار القلم.

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