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القواعد الفقهية وتطبيقاتها عند الامام ابن دقيق العيد في كتابه احكام الاحكام في بابي الطهارة والصلاة
Author name:
عماد ابراهيم مصطاف البدراني
Supervisor name:
فؤاد محمد عبد الكبيسي
General topic:
Islamic Sciences
Specific topic:
Fiqh
Degree:
Master
University:
Aliraqia University - College Of Sharia
Language:
Arabic
University location:
Baghdad
First pages:
00T1692 - p.pdf
Abstract:
After we have completed the grace of God Almighty and from the study of jurisprudence at Imam Ibn Eid accurate - may God have mercy on him - from his book "the provisions of martial deliberately explained the verdicts" at Babi purity and prayer, in independent research, may be we succeeded to find a new born baby is added to said this flag - Sharif - Flag jurisprudence - - The findings of these studies through to the most important results are summarized as follows : 1. That Taqi al - Din Ibn accurate Eid - may God have mercy on him - Islamic figure unique, born out of cream, and grew up in a family with a scientific Hainha great in forensic science, 2. Kick, to seek knowledge from an early age, until he reached great heights in the lives of teachers. 3. They understand in the Maliki school first, and then turned to AlTafaqah in the Shafi'i school Fastoabha Asolaovrua even surpassed by his peers, the promise of senior scientists Shaafa'is. 4. Studied and issued a fatwa in allegiances and the rise in science until he reached the rank of ijtihad certificate of his contemporaries came after him and squeezed from the scholars. 5. Served as the Chief Justice of Shaafa'is in Egypt in late life and died in that position. 6. Many of the scientists of his companions, that envoy percent on top of the seventh, which renewed the Almighty God _ _ by the members of the nation's debt, and saw him to do some of the scholars of non - owners. 7. Compilations of great help to leave a rare, it has many of them, and the remaining are of two types : one for the manuscript still did not shake off his dust was printed, and the other printed trader. 8. Imam al - Eid accurate Allah's mercy did not synthesize the book independent jurisprudence, but it was a lot of use of such rules in the jurisprudential writings, fundamentalism and in particular the provisions of his sentences, and writing to explain the knowledge of martial give talks, which clearly shows that this science Galilee had extensive exposure to these rules , and he was inclined to use in strengthening the evidence issues that are different by its evidence, and it was argued that some independent Hzhecdlel Manglh by some scientists that it would have to invoke the rules Erie jurisprudence is not absolute, and can carry on rules that are not based on legally admissible evidence and reason The rules which are based on inadmissible evidence or legal mind is opposed to the initiated his scientific books and Trgihath indicate to adopt it as an excuse acceptable, and sufficient proof of this that the Son of accurate holiday - may God have mercy on him - they have developed new doctrinal rules depending on the capacity of studying the evidence sentences and Science other legitimate has been set aside what I think is drawn by the rules in the area of research in its own index to demonstrate that his book is also tightening the provisions included in Tnayh a large number of jurisprudence that the advantage of forensic evidence Asasas it, marked the observance of the purposes of Islam religion, with the completeness facilitation at the most, while the clarity of words and meanings. 9. Imam al - Eid careful not interested in his book Kthiras the provisions of the verdicts of the inference rules in the jurisprudence cited by explaining the talk of Terms and the provisions contained in such interviews, nor did he mentions in his explanation of speeches Terms and the provisions contained in these conversations, as he did not give examples of application of these rules But in a few rare, and therefore Ajhtniassaobac in finding evidence of fundamentalism to these rules and also to find applications to the Sub This took me to exchange a lot of time to review the books Asoip compared with the sub - applications in the books of jurisprudence of the link between assets and branches and create a link with each other to develop forensic evidence underlying the rule. 10. The jurisprudence of the most important definitions : a holistic jurisprudential rule applies to many branches, not one section. In front of the officer is doctrinal : the rule applies to the whole jurisprudential various branches of one section. 11. Al - Qaida and fundamentalism is reached by the Faculty of Science to Islamic rulings process syndrome of its evidence in detail. 12. Or from the most important sources of jurisprudence is the book and Sunnah and raised companions and followers and the jurisprudence scholars as well as differences in the extrapolation of jurisprudence. 13. Rules of origin and evolution of jurisprudence and in stages, which was the first stage Balncu with the commencement of the revelation and the second codification and development The third phase was marked by stability and the fourth scientific renaissance. 14. Rules jurisprudence considerations of several divisions, including : A. As expanding the coverage and rules of jurisprudence major rules represent a comprehensive and inclusive. Of the major and the other conclusion. B. As a guide and source, including what is provided by what is derived from them. T.. As independence and dependence are separate rules and original and also include bases. Th. As the scholars were agreed upon and the differences : the agreed and disputed. 15. The jurisprudence of the rules large and useful functions, including : A. Save and set the branches of jurisprudence sporadic. B. Configure the Queen of jurisprudence. T.. Preserve the unity of common sense to understand and pay for the contradiction. Th. Formation in the evolution of n jurisprudence. C. Have a clear impact in the different scholars. 16. Scientists statements and opinions in an authoritative jurisprudence Npinha briefly as follows : A. Some went to the irrelevance of the rules and regulations and jurisprudence that is what went to him a number of scholars B. , And others of scientists has gone to the original passport is invoked. In studying the Astdlat each of the two opinions and the above - mentioned, which seems to me that the jurisprudence of the valid evidence of the legitimacy of the protest did not see a disagreement between scientists in this regard to the rules originally Lama texts which originally derived from religious texts is disputed. 17. Imam al - Eid accurate jurisprudence has been used in the weighting of the different means of jurisprudence among scholars and the most important issues that Rjhaa these rules as follows. Issues of purity and most important of these issues : First : should be the intention to wash and washing, he went to the faith are in fact valid, without which, because the modern business intentions (which is a major doctrinal base) in which this estimate omitted the estimated health is not perfect. Secondly : if in doubt Almtodo purity went on to say that he is still on the purity of the receipt of the modern right of it and saying that the rule of certainty would not go away, contrary to the suspicion against the owner. Third : the licking the dog in the pot, he went on to say that cheap eye dog who says otherwise, the dog is impure, but pure mouth. IV : Health and acceptance of business, they go hand in hand went to testify to this speech of menstruating women not to accept the prayer of the veil, but said the rule of worship do if the floor of a person over the street. V : raise tayammum of the event, most likely that tayammum raising event, as in lifting water, but there is no difference between a lifting of the event tayammum be specific times or in certain shops because he said the rule change the provisions climate such shops. VI : Health prayers multi Bodoh one, likely be more than prayer wudoo one interview not to accept to accept the prayer event until the ablutions and that talk has not bin corruption ablution for saying the base difference rule before the end of exchange than later. VII : the rule of money riser hand before being allowed into the pot, he went to say that this is for an assignment in terms of the hadeeth, "he does not know where are his hands," and that the term implied by the doubt in saying that a presumption in the rule that does not prove to be suspicious. VIII : Washing the pot from the licking of a dog, he went to say that washing illness impurity and not to worship for saying the rule that judgments are often opposed by the forward Ninth : The purity of water used, he went to say, not the purity of free base for saying the word truth in the texts which he mentioned the use of water and ablution intended as promising to wash and what is not used. Tenth : Grand ablution, he went on to say that the ablution a great virtue in terms of being a part of the conditions of worship to pray with Alaazim credited and that this rule altogether. XI : permissible to use only stones in the cleansing of the male prostatic fluid, with mastery of the water, went on to say that testify to the inadmissibility of the money mentioned him about it because he said the rule "is not the designated compliance by" a water. Trjuhath the issues of prayer and most important of these weights : First : naafil after Fajr prayer before sunrise, and after naafil inches times before sunset, he went to argue that the legitimacy, and argued that to give talks denies praying at these times for saying the rule that denials of religious texts to negate the legitimacy of acts do not meet the fall Doubling the reward for praying in congregation in the mosque five and twenty times or twenty - seven degrees on the single prayer in the home or its market, went on to say that this does not mean doubling the reward for praying in congregation at home or the market on an individual prayer, but which is less than the reward in the mosque or ad hoc means that the disparity in the reward groups, mosques, more than this ad hoc reward, saying to rule according to the doubling of the reward of virtue and that this increase continued steadily. Third : to double the prayer with the congregation in the mosque went on to say the reason is that the actions mentioned in the modern version of n predicted from the reasoning for saying base correlation between governance and illness and the presence or absence. IV according to the virtues of business Ithob done this evil, he went on to say the difference in the virtues, according to the disparity in the coming evil in these virtues, testify to the virtue Rise and Decline of prayer in the market by saying in the house for a reasonable base meaning bear this out. Fifth : The disparity remuneration for work of varying difficulty winning it, went on to say pay up dinner and the morning prayer in the mosque on the other prayers for saying the same conditions as base pay increases to increased hardship. VI : PSYC rebuke sin, he went to say that it is a gradual start Balzajer and lower did not benefit from the increase in the degree and intensity, to testify to it by means of threats for failure to pray in mosques and that he submitted to the sentence, saying to a base in this matter originally gradient. VII : increasing the reward for work on the lighter the reward for what was the hardest of it, he went to say that depending on the interests of worship and lighter Rjuhanha the interests of what was the hardest of them, saying to the rule to that effect. Eighth : innovation in worship, he went on to say being with the texts on this issue and he breaks the text or not provided unless it is illegal, saying the original base in worship arrest. IX : Displays the original Zalazahr, he went on to say that the preference in the matter anyway and calculation by including Fathi Alqrin, saying to a different base. Tenth : the equality between obligatory and Voluntary and staff in the tapes, he went on to say equally, and the exception is contained, but to this ad hoc, and that this rule altogether. Eleventh : The discrepancy in wording between language and Islam in the legal text, he went on to say that the legal status of the meaning of that word for saying the words rule the street to a statement of education in the Islamic Shari'a. XII : the balance between the time in the virtue of worship and virtue out of worship, went on to say on the merits of worship and time for saying that the origin of the biggest virtues of worship. Thirteenth : The excuse of ignorance, he went to say that the excuse of ignorance and forgetfulness in Terminator him and did not weigh in by the sheriff as saying the rule is wrong with the Terminator rebuke and illness in the ordered collection of interest. In the conclusion of this letter I would like to place on record some of the recommendations or suggestions : 1. Given the fact that the science of jurisprudence venerable science degree, the greater the benefit that have an impact in facilitating Principles of knowledge ماخذ issues and gather branches scattered in the faculties of a comprehensive and achievement of the purposes of legitimacy, as well as the protest when it Palmtvq Aozaz directory, or penalties in case of disagreement, I claimed that universities specialized science Alklliat legitimacy or legitimacy in the comprehensive universities to more attention being paid to the knowledge of jurisprudence and taught as a separate subject in the initial studies, and guide researchers in the Graduate Studies and faculty to write, writing, or even Ttakqiq jurisprudence books printed or manuscript, which is still sitting Vimktbaat manuscripts scattered across the Islamic world, to volley in all parts of the globe, also claimed to print verified as to spread good. 2. Encourage researchers in jurisprudence that not only the books of jurisprudence in their research or academic letters and Atarihhm University, and urged them to go to extract more of the jurisprudence of the books of jurisprudence and assets in a way that extrapolation in order to help them out into existence in Compilations independent specialized in jurisprudence and studied in terms of meaning verbal vocabulary Alvazaaoualemany overall form, and reasoning to them, and report it and Alttiqat Sub statement Msttnyatea, because this serves the development trend of life in the Muslim community and helped to classify the doctrine, to fit with the spirit of the times and make it easier for specialists affairs issues the advisory opinion also makes it easier for non - specialists such as people working Sharia law and economics, access to rules and laws consistent with the law as soon as the most accurate results, especially if the formulation of these rules in the form of legal texts, summary of meanings and demonstrated clear. 3. It is better to encourage the trend for researchers in jurisprudence, to the authorship of this science division Alytrivp substantive rules, any collection of jurisprudence that are comprehensive, many of the sections jurisprudential basis, and the rules that specializes in a particular department in a separate synthesizer such as the rules relevant to pray for example zakat, or transactions or personal status Aopaljnayat, borders and so forth, the aim of bringing these sections where researchers or the jurist, and hard - working, as well as closer to the beneficiary with the Shari'a. 4. Encouragement towards the establishment of encyclopedias written in the rules of jurisprudence, and disposal of composition and method for collection at the sectarian divisions of the rules, all the way to find these books to encyclopedias dealing with the complete combination of these rules, regardless of denomination to come from al Qaeda and exclusive formula Ahdpjamap the base of the same subject, the be done after ascertaining the validity of this rule in terms of fundamentalism and lack of opposition to the continued complex from the assets of Islamic law, because this will contribute to access to the rules that take into account the legitimate purposes and feeds in developing the science theories of jurisprudence. This Meiserh God to me on the subject of jurisprudence and its applications at the Imam Ibn Eid careful in his judgments on the provisions of sections purity and prayer, Large, and I have been able to serve this flag Maver Galilee and the Islamic Shari'a my work van I was this humble It is thanks and gratitude to God that helped me on that and is pleased me, and I missed the people and because the error is not Bmspad injuring humans and make mistakes and infallibility of the prophets, the first was prays to God Almighty to degrade me, and this work holds for me and two buttons to the day I need, and the other was a Barbie Fezni decent waiver and dismiss the error block, especially since the was intended in order to please Him and utility of slaves, and a prayer to thank God, the Lord of the Worlds and peace and blessings of the ring Alnpin and Messengers, our Prophet Muhammad and his family and companions.
