التخريج الاصولي لمسائل متن القدوري
Author name:
جاسم حسن عبد الله العبيدي
Supervisor name:
جميل عليوي ناصر الشمري
General topic:
Islamic Sciences
Specific topic:
Usul Fiqh
Degree:
Master
University:
Aliraqia University - College Of Sharia And Law
Language:
Arabic
University location:
Baghdad
First pages:
00T1484 - p.pdf
Abstract:
Praise be to Allah He deserves and peace be upon the prophet after whom there is no another prophet, his family , his Companions and those who follow them sin - curly till dooms day. Seeking help with Allah , I have written my thesis which is entitled " AL - Takhrij AL - usuli (fundamental verification ) of Abu AL - Hussein AL - Qudoori's Jurisprudence in His Book Matin AL - Qudoori " Since this blessed matin(text) has been got great attention by the students and because my virtuous sheikhs (scholars) have recommen - deed me to write about this text. This study has been divided into a number of chapters and sections as follows : Chapter one : AL - Takhrij AL - Usuli (fundamental verification ) of the issues related to the logical Judgment.Section One : AL - Takhrij AL - Usuli (fundamental verification ) of the issues related to the legal judgment.Section Two : AL - Takhrij AL - Usuli (fundamental verification ) of the issues related to the AL - Taklif the legal capacity.Chapter Two : The Fundamental verification of the Common issues between The Quran and the Sunnah.Section One : The Fundamental verification of the issues related to the choice of expression.Section Two : The Fundamental verification of the issues related to the expression as used in meaning.Section Three : The Fundamental verification of the issues related to the expression considering how it refors to the meaning.Chapter Three : The Fundamental verification of the issues related to the prophetic Sunnah.Section One : The Fundamental verification of the issues related to the explanation of the Quran by the Sunnan.Section Two : The Fundamental verification of the issues related to the prophet's deeds (peace be upon him).Section Three : The Fundamental verification of the issues related to the prophet's tacit approval (peace be upon him).Chapter Four : The Fundamental verification of the issues related to Concepts of AL - Ijmaa (general Conseusus of scholars ) , AL - Qias (analogy) , AL - Istihsaan (app - lication of discretion in legal matter ) , custom , Compan - ion's opinion , the unspecified public intorests , and prohibition of uhat may lead to Committing sins , Each concept has been tackled in separate section.Chapter five : The Fundamental verification of the issues related to the inconsistency and ways of avoding it.Section One : The Fundamental verification of the issues related to the Abrogation.Section Two : The Fundamental verification of the issues related to the Coucapto of holding evidence together.Section Four : The Fundamental verification of the issues related to the negligence of evidebce. and Considering others of less rank.Chapter Six : The Fundamental verification of the issues related to AL - Ijtihad (discretion) and AL - Taglid (following the prenious authorities and the avoidance of Ijtihad ).Section One : The Fundamental verification of the issues related to AL - Ijtihad.Section Two : The Fundamental verification of the issues related to AL - Taglid. At the end of the thesis , the couclusion summarizes the results among whom the important ones are : AL - Imam AL - Qudoori sees the legal judgement of two ports : legally obligatory and positive.the positive judgemeut are of seven types : AFardh ( obligation ) , AL - Wajib (fund emental practice ) , AL - Mandoob (doing something preferably not obligatory ) , AL - Mubah (Allowable ) , the unblemishing disvafoe , the prohibitive disfavor , and AL - Haram (prohibited) As for the positive jugement it is of three types : The Couse ,the stipulation , and the lega impediment The Cond : tions of AL - Taklif (the legal capacity) , are being alive , adulthood , sanity and the free choice. The legal truth of the imperative form in the Quran and Sunnah is probably olsulere (not in the Quran or sunnah) the prohibition form refers to prohibition when it is free of evidence.If the absolute mentioned without limitation so it will be interpreted as it is , but if it is limited by a limit , suit will be considered by that liwil. If the general is mentioned with a specific cause , its generality will be followed because t priority is given to the generality of expression not to the specification of cause. Truth can be divided in to three types : legal , linguistic and customary. If a legal truth and a linguistic one has become contradictory , the legal one will be given the priority , also the customary truth is given priority over both the legal and the linguistic ones. Figurative expression exists in language and in Allah's speech and His problet's speech. The meaning of AL - Sunnah is related to the Quran sin co AL - Sunnah elaborates what have comprehensively been mentioned in the Quran , explains what is in tricate , simplifies what is summarized ,specifies wheet is general and limits what is absolute. The deed of prophet Muhammad ( peace be upon him ) is in terpreted as it is whether it is obligatory , Mandoob ( preferably doue) or Mubah(allowable).AL - Nasikh (Alorogation) exists in both the Quran and the Sunnah. As for AL - Ijtihad and AL - Taglid , he urges to practice AL - Ijtihad as he sees AL - Mujtahid : as a person who has decided the correctness and invalidated the false , and investigated every issues depending on different evidence without being unable to come up openly with the truth beomje of those who have different opinions
