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Compared to legitimate purposes between the Ibadhi Fiqhen and Maliki

Compared to legitimate purposes between the Ibadhi Fiqhen and Maliki, between the seventh and tenth centuries AD, written by clarification Hmakhi, and the beginning of the industrious Ibn Rushd

Talking about Islamic jurisprudence, talk about genuine science of sciences of Islam, issued heritage of Muslims, and received the lion's share of their intellectual production, as jurisprudence image of the reality of the Muslim community, and the pioneer of individual and group behavior in various fields of life. The purpose of science Jurisprudence “Uniformity Pension and recycled, with winning all the best worldly and otherworldly "1.

All schools have contributed jurisprudential enrich this system a good contribution, and Oorthtna precious treasures are a source of pride Khaleda between nations, and a wellspring him draw curricula and provisions to keep pace with the times, and devise what meets the we need renewable legislative, consistent with the rapid evolution of life.

Recent studies tend to eat jurisprudence heritage in the context of the comparison that guided approach balance between the views and to identify approaches hardworking inference and deduction, and the adoption of the most correct evidence, and he gave way, and Oqovernma based on the evidence, and Oovgaha to achieve the purposes of Shariah.

In this approach tends attention to a statement aspects of the contribution of two Islamic schools inherent in the field of Islamic jurisprudence to consolidate and embody the purposes of sharia in Mnahjhma discretionary, and two school Ibadi school Maalikis. And mainly confined to consider in two prominent books in the product of these two schools, two book illustration resident of Abu Amer bin Ali Shammakhi (T. 792 e), And the book beginning industrious and end Savin(2), Abu Walid Muhammad ibn Rushd Andalusian (T. 595 e).

We will discuss the subject through the following detective:
Purposes Taesela law and division
Bachammakhi definition and book illustration.
Ibn Rushd definition and book early industrious.
Content of the two books, and the relationship of the content to the purposes
Purposes of the law written clarification and the beginning of industrious

Purposes of the law, the concept and the division:
Attention to the purposes emerged clearly in the modern era among students and people interested in the Islamic heritage; whether in his production idiosyncratic and fundamentalist, or in his cognitive approach and deductive, but the writings in science purposes since the early authoring fundamentalist in the fifth century AH, by Jouini (T. 478 e) Ghazali (T. 505 e) , And followed by scientists assets, Kalfajr Razi (T. 606 e), And Saifuddin Amidi (T. 631 e), Then a distinct step by Ezz Bin Abdulsalam, (T. 660 e) The disciple Shahabuddin Quraafi (T. 685 e), And Necmettin Ataiwfa (T. 716 e), Even unbend his building a separate note at the hands of my father Isaac Shatby (T e), To dim its rays for a long time, that the sun shone again, and renewed seen by men of reform in the Renaissance, led by Imam Mohammed Abdu (T 1905) Sheikh Tahir Ibn Ashur (T. 1973 e).

However, eating science purposes was in its infancy passing references in the folds of Investigation jurisprudence, within pathways malady Kalmnasp and Alakhalh and interest, and then took the writings of fundamentalists taking greater care to set up Shatby foundations, and make it in advance to other sciences, and governor of the curriculum diligence, and the extension of the evidence for that .

In terms of the concept of purposes, did not mean to define ex clear and precise for the purposes of law, based on the clear meaning in mind as Sharia purposes, and Mourad street from the landing laws and to make judgments.

However that latecomers Tdarqua this omission, and sought to define the concept of targets accurately, in the belief that identifying concepts essential step to building reliable scientific knowledge.

He took Taher Ben Achour determine the purposes of Shariah public as «meanings and governance notable street in all conditions legislation or most; so not concerned with observable universe in a special type of Sharia, enters this what the law and purpose of the public and the meanings that not without legislation from observable, (3).

If we look at the definitions of scholars of the assets for the purposes we found includes basic connotations, would benefit act “Intent” In its lexical meaning, which includes the meaning interest and reasonableness, because it is against the blahs. Also, the meaning of manslaughter, which Adadeh omissions, the third hand we find carries the meaning of wisdom that contrary to entertainment and tampering.

The painstakingly Dr. Taha Abdel Rahman in detecting these three meanings of the concept of purposes, gleaned than unrolled Shatby, in special classes, including book “Approvals”.

Meaning is first used act intentionally sense against the act “Twitter” “Algo”. As the chatter is of the interest-free or ratified the significance of destination to the contrary “Is Maaloul interest or reasonable significance”, This semantic content back to the chapter and put Shatby titled “Purposes put Sharia explaining”, Has discussed the two main issues which tried to prove a recipe Arab and illiteracy of Islamic law.

The second meaning “Uses the verb “Intent” Also in the sense against act “Suha” “يسهو”. Since the omission is the loss of orientation or falling into oblivion, the destination have otherwise, which is to get to go in and out of oblivion. Which is reflected by “Purposes Shariah compliance” And”Purposes designate”.

In the third meaning” Used to do “Intent” Against the act “Her ” “Playing”, And what was fun is devoid of proper purpose and loss of motivation of the project, the destination will be on the contrary, for the right purpose and the motive of the project”, Which dealt with Shatby in separate “Purposes put Sharia starting”»(4).

While section the Shatby purposes purposes Street and the designated purposes, the Ben Achour dividing them into public purposes and private purposes. Me a statement that these two destinations, real meanings realized in itself, and customary meanings generally indicated by the course of the people, and accustomed souls and Tsthassanha acclaimed arises from experience suitable for Salah public. And required in both types are available which four essential features, are: Constancy, appearance, discipline and regularities(5).

However, the division of Shatby was accurate in terms of holistic outlook to these destinations from various angles, dividing them into two types:
The first is on the one hand accidentally Street in Sharia starting position, hand meant devised for explaining, meant in hand and put the mandate under which meant entering hand-designate under its rule”.

The second type is the purposes designate them in “That business intentions, and purposes, considering the acts of worship and habits”, And Abu Ammar Abdul Kafi”Inadvertently street from the charge to be meant in action is in accordance with the intention of the legislation”.

This comprehensive view Shatby able to accommodate his overall outlook destinations, and give it harmony between the street purposes and objectives of charge.

Chatby division has adopted these purposes in itself to less the three famous, the necessities and widgets and Althasinaat, which is essential to arrange them when the conflict, as a guarantee to put themselves under the umbrella in all circumstances, and not be overlooked in the process of diligence, Tnzira and application.

To achieve this goal, and set the standard trade-offs, or to order them, put five basic rules;:
The first rule: That is necessary out of what else Hajji and supplementary.
The second rule: The essential imbalance needed him the remaining imbalance launch.
The third rule: It is not necessary imbalance remaining imbalance is necessary.
RULE. It may be necessary for the imbalance Althasina firing or Alhaji imbalance is necessary general.
Fifth base: It should be maintained Alhaji and Althasina necessary(6).

The importance of intention in the work of al-Faqih:
Confirms Ben Achour importance of intention to Fakih in various forms of diligence, both in understanding the texts Street and implications, or to search for shows of the guide and access to Rajeh evidence when incompatibility, or access to the illness right through the measurement process, or in the detection of interest in the facts developed which . «Vafiqih need to know the purposes of Sharia in all these parts, but in the fourth as Vaanaajh where Zahir, a sponsor Shariah-time for ages and generations that came after the era of the street, which comes to the end of the world»(7).
And between Ben Achour evidence that prove most discretionary falls under this type; Kalmsaleh sending and plaudits, as well as taking into account the necessary legitimacy colleges(8).

ومن جهة ثانية فإن دور المقاصد لا ينحصر في ضبط مسالك الاجتهاد السديد، بل في تقريب شقة الخلاف بين المجتهدين، فإن الاختلاف الفقهي كان من بين أهم العوامل التي دعت الشاطبي إلى الاهتمام بعلم المقاصد، حين رأى كيف استنـزفت ظاهرة الاختلاف جهودا فكرية جبارة، واقتطعت المناظرات والجدل الفقهي أوقاتا ثمينة من عمر المشتغلين بعلم الفقه، ولم يصلوا إلى رأي يحسم الخلاف؛ أو يضيق من شقته جهد المستطاع، بسبب تباين مناهج الاستدلال، أو التقيد بدلالات الألفاظ الصرفة، بعيدا عن مقصود الشارع وحكمته التشريعية.

He described Shatby this stage description fitter suffered hardship, and of them are fed up, he said: «لقد كنا قبل شروق هذا النور نتخبط خبط عشواء، وتجري عقولنا في اقتناص مصالحنا على غير السواء، لضعفها عن حمل هذه الأعباء، ومشاركة عاجلات الأهواء؛ على ميدان النفس التي هي من بين المنقلبين مدار الأسواء، فنضع السموم على الأدواء مواضع الدواء، طالبين للشفاء كالقابض على الماء، ولا زلنا نسبح بينها في بحر الوهم فنهيم، ونسرح من جهلنا بالدليل في ليل بهيم، ونستنتج القياس العقيم، ونطلب آثار الصحة من الجسم السقيم، ونمشي أكباباً على الوجوه ونظن أننا نمشي على الصراط المستقيم»(9).

When guided to landmarks reflected his sun destinations in Rad forenoon, and Esteban his installment of the budget balance between the views, and sound knowledge of the sick, and the ejecta abnormal because it goes against them for the purposes of street wise.

This was the same reason a motive for Ben Achour to renew science purposes «representation her protest to prove, to be a beacon of Mtfqhen in religion, and reference them when different eyes, and changed the hurricane, and begged to minimize the difference between the jurists Alomassar, and Derbe to their followers on equity, in the weighting of some words on (10).

And zoom views can be considered, and access to the most correct opinion a major goal of the science of comparative jurisprudence, which does not come achieved without hiring purposes of the law, and know the street from the purposes of legislation provisions.

Interest in the science objectives:
It may be recalled to point out that the purposes of Sharia general proved extrapolation that Sharia revolved around, and sought to achieve are the five colleges, famous save religion, life, mind and birth control and money, does not come out of the provisions of Jurisprudence from achieving one of these colleges either Aejada her starting, and either .

These colleges are embodied in what was termed the achievement of interests, or bring benefits and ward off evil.
Has been known Chatby interest by saying: «I mean what interests due to the human life and fully living, and winning a required descriptions sensuality and mental at all, even be Mnama at all»(11).

Note that the concept of an interest in the law is not Elastic, not self subject to the vagaries of moods, and follows the attention of individual minor, but is disciplined controls Court, make it understandable and clearly defined, consistent on one frequency does not change pressure reality and necessities attitudes, not the whims of self, and a flurry emotions(12).

For also Hataba reference to discipline this interest, he says,: «Almjtalph interests religiously and cons Almstdfh but is considered in terms of established life for other life, not only in terms of the whims of interest in bringing souls regular or regular ward off evil»(13).
This is what happened consensus by scientists, and decided a fundamental rule that “Where there's interest, there is the law of God”, But taking into account the controls and border drawn by the law” In the scope of what is permitted by the signal indication text.

The summarized Ben Achour these controls while making purposes based on the description of Sharia law greatest is instinct, and tolerance considered the first descriptions of the law and the largest of its purposes.

Instinct is nothing but total human characteristics mental and physical Shara was in line with it, both in the ascendants or descendants. Which ensures the general law and immortality.

The officer in that every act of love wise that Atalps people and deal with it, is instinct, and every act of hate to be interviewed, and loathe view it is a deviation from the “Instinct”.

He also: «The assets innate is that God created human creature Imran world, and is therefore suitable for the regularity of this world to the fullest, and is therefore what it contains Islam that God intended to reform the world after the Fifty»(14).

Ibadi contribution to science objectives:
Me Ibadi and measuring other people who say to explain their judgments, made the street from the commissioning destination in the sentence, and in the details of worship and transactions. And sought to adjust these purposes and arranged for them when budget discrepancy.

The arrangement between the purposes step methodology is very important for consider idiosyncratic insightful, especially in cases of necessity.
The Transfiguration of sources Jurisprudence Ibadi in their approach to human behavior daily acts of worship, and in his dealings, great care by the emitter, so that evidence of مجتهد access builds upon the Islamic ruling on this action or that it is permissible or prohibition, and to act to health or invalidity according to the motive for its creation. It may be unlawful intent, is referred without its owner and purpose, even if it means legitimate. This was amply demonstrated in the realization of the principle of bridging the excuses.

And If استقرأنا sources Ibadi developed, we found dealing with the purposes of the provisions, according to the different divisions, Ibn al-Baraka commissioning three sections:
Department is in charge of his belief, and ordered the department doing, and ordered the department to stop him.
What ordered belief, فإثبات uniformity and attributes of God is perfect, and keeping shortage.
And ordered doing For sections, on their bodies, such as prayer, fasting, and in money includes zakaah section and penance, and section two Hajj and Jihad.

And they are ordered to stop him, for three sections, as well as:
Section to revive them, Kalnha killing and eating of all evils and poisons, and the drinking of alcohol spoiler for the mind.
The Department of fractious and mending them, Knhia for irregularity and injustice and evil that leads to estrangement and hatred.
The Department of save Onsabhm and maximize Mharmanm, Knhia for adultery and marriage to animate incest.
Was his grace with his wife they Kanamth permitted them, and preferences with understand him Ktefdilhm a ordered(15).
The Abu Yaqub Alorajlana other wire has a way of dividing the purposes.

The named Shara rules, objects and in:
1= Provisions of the border and clips and Altbaat in the money, and Altaaod abdaal; Because meeting human need and conflicts of interest lead to conflict and conflict, Ferdahm these provisions.
2= Alinkahat leases and Alqradat and Musaqah, to ensure that the interests of the creatures is fine.
3= Alnzafat and Tharrat, rid humanity of Albhamyat.
4= Shall be construed to morals and manners and fortuitous acts of determination, of charity, Zakat and gifts and Alataqat, to redeem the soul of avarice to giving thanks.
5= Physical acts of worship and where the interests of neither apparent reason, and does not reach the relative(16).

Given the result of latecomers find Salmi wire approach which was followed by the audience fundamentalists, eating purposes are divided into necessities and needs and Thasinaat, including the Provisions of the major colleges of legislation, represented in keeping religion and the mind, soul and birth control and money(17).

Some have been singled out, including Abu Abbas Ahmad Shammakhi Remember supply and make it a destination VI, while he considered the public within the Faculty of keeping birth control(18).

Care Principles ascertained Ibadi the Btaesel purposes also within the rules of jurisprudence college.
Salmi pointed out in his book “Sorties sun” That the ancient scholars of our companions and others built on five jurisprudence rules:
= First: Uncertainty does not eliminate the only sure like him. It kind of Alastsahab; bound to the purity is not Enqdha.
= Second: That things its purposes. And the necessity of faith in worship.
= Third: Damage remains. And it should return the seized property and ensure damaged.
= Fourth: Hardship brings facilitation. The him mushrooms passport and palace and combine in travel.
= V: Habit Court. And from a statement less menstruation, and the longest, and custom matters(19).
These mothers jurisprudence, and some purists branch discretionary sources. It is only a juristic rules, or branches of these rules.
= Valastsahab fall where the first rule, uncertainty does not go away with skepticism.
= And the base things of its purposes forks her motive theory, and excuses dam base.
= And hardship brings facilitation, subdivided by the provisions of licenses, and the provisions of the necessity and coercion.
= Habit court, the evidence custom built .

There is no doubt that Sheikh full of Shammakhi has benefited from advanced product of the school, and built him aside from his book illustration, which shed light on selected models in this study, God willing

Preparation: D. Mustafa Bin Saleh Pago

(1) – السدويكشي، حاشية على الإيضاح، ج1، ص1.
(2) - Some scholars believe that the name of the book is more correct, is “The beginning of the industrious and adequacy of Savin”. This is what was stated by Ibn Rushd in the last book “Writing”, 2, p 291.
(3) - Ben Achour, the purposes of Islamic law, the Tunisian Company for Distribution, 1978, p 51.
(4) - Taha Abdul Rahman, renewal of the curriculum in the heritage calendar, i 1, Scientific Library, 1991, p 98. – Shatby, approvals, i 1, Scientific Library, c 2, p 76.
(5) - Ben Achour, the purposes of Shariah, p 52.
(6) - Chatby, approvals, c 2, p 4.
(7) - Ben Achour, the purposes of Shariah, p 15
(8) - Seen: Ben Achour, the purposes of Shariah, pp. 15-16.
(9) - Chatby, approvals, c 1, p 13.
(10) - Ben Achour, the purposes of Shariah, p 5.
(11) - Chatby, approvals, c 2, p 6.
(12) - Seen in detail interest controls, adequate study in the doctoral thesis Sheikh Mohammed Said Ramadan Buti, “Permissions interest in Islamic law”, The study was printed multiple editions.
(13) - Chatby, approvals, c 2, p 27.
(14) - Ben Achour, the purposes of Islamic law, p 58.
(15) - I'm swimming, Debutante, deaf 127/128.-, the light, 177. - Djitali, rules, 1: 41/42.
(16) - Allowargelana, Justice, 3: 349/350.
(17) - Salmi, sorties, 2: 118. Onwards. - Seen also Zoheily, jurisprudence, 2: 101 Onwards.
(18) - Salmi, sorties sun, c 2, p 120.
(19) - Salmi, sorties sun, c 2, p 191.

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