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القياس في العبادات : دراسة اصولية فقهية == AlQiyass Fil - Ibbadat , Derasa Osuliya Feghiya
Author name:
رعد ريكان حسين علي
Supervisor name:
احمد عيسى يوسف العيسى
General topic:
Islamic Sciences
Specific topic:
Usul Fiqh
Degree:
Master
University:
Aliraqia University - College Of Sharia
Language:
Arabic
University location:
Baghdad
First pages:
00T1693 - p.pdf
Abstract:
After I have finished my research , I can say publicly that my essential reference is the Islamic law ; this reference which has so far specified for the Islamic nation its life , behaviour and the type of steps that should be followed in order to choose the path to worship God properly , we should do that to apply and declare the theme that the Islamic nation is the nation on the globe to order the good and prevent the evil , as stated in the Holly Quran . among the causes of the Islamic nation being the best nation is the existence of these legal teachings which keep the goodness and continuity of the Islamic nation such as the science of al - Figh and its origins which are always acceptable for all ages and new circum stances , ( al - ijtihad ) ( the study ) in al - Figh of which the most important element is (Al - Qiyass ) or ( the measurement ) which is continuous . until the Day of Judgement . If this element were to be closed would create many complicated problems and difficulties , which have their had effects on the nation and the Islamic community . the idea that the Islamic scientists will not continue to accept (Al - Qiyass ) in their studies and researches is misunders tood . in my study , I found out many results mentioned orderly as follows in these section : Abctract________________________________________________________ In the first section I've talked about (Al - Qiyass ) ( the measurement ) in general : the definition , according to those who accepted door denied it , and the discussion of their evidences , the conditions of (Al - Qiyass ) . this section is regarded as a general introduction for my thesis being merely a part of (Al - Qiyass ) , and the proof Of the part needs the proof of the chief base (Al - Qiyass ) being on difference among the scientists needed me to prove the whole (Al - Qiyass ) in order to prove others . I want to prove with evidences that (Al - Qiyass ) is an element legislation . I've found that those who did not accept (Al - Qiyass ) have practically applied it . but at the same time they refuse Al - Qiyass as a legal element in the end of this section I apologized for both : those who accepted or denied Al - Qiyass because both of them were essentially working to safeguard the Islamic legislation . I've also talked abut different definitions of ( Al - Qiyass ) . but I chose one main definition which included the chief meaning of Al - Qiyass : the origin , the branch , the cause and judgment . I discovered tat those who accepted ( Al - Qiyass ) have got their evidences in Al - Qiyass and AL - sauna which refer to the existence of Al - Qiyass in legislation ; meanwhile I mentioned the evidences of those who refused Al - Qiyass I depended on ( AL - Dhahiriya ) having their wide range in their . judgements , ( they , themselves , have opposed those who said that of Al - Qiyass is an origin of Islamic legislation origins ) I found that they say in their evidences that they accept the text but they refuse the concept . the purpose is to safeguard the Islamic legislation from astray . I proud the view of the whole scientists ( AL - jumhoor ) who say that Al - Qiyass is an evidence in legislation . I've also talked about the fundamentals of Al - Qiyass : the origin , the branch , the.Abctract________________________________________________________ cause and judgment , with the explanation of the views of the scientists and their definitions to make Al - Qiyass complete In the second section I discussed the me thuds of the cause as some scientists call it . they include ten me thuds : ( the text , gesture , whole agreement , occasion , effect , similarity , dividing and adjustment ) whenever the cause is stable in one of these ways , we can apply Al - Qiyass on its stability . I talked in detail about these conditions due to their importance and that Al - Qiyass depends on the Cause existed or not : when existed there is Al - Qiyass and vice verse . I discussed also the difference between the Cause and its wisdom ; the definitions ; whether in one meaning or different meanings ; whether they agree to come together in third work or not . I found that wisdom is the fruit of the judgment proved by reason and cause . I talked about the hidden cause . I found out that scientists rely on the inner cause to estapish the judgment and transfering it another. In the third section I talked about the difference between the worship and the behavior of worshiping because many people misunder stand the saying of some origin lists : ( No Qiyass in worshipings ) : in this saying they do not mean the worshipings ; but behaviour of worshiping . they do not mean : cleanliness , prayer , fasting , almsgiving and pilgrimage , but they mean the behaviour of worshipings which are hidden such as the limits of almsgiving in sheep , camels , gold , silver which we do not know why they are in these guantities . I explained the types of worshings in which Al - Qiyass can be applied . The fourth section is devoted to the critical evidences that prove the truth of what I have discussed in the former three sections . I've provided the reader of this thesis with many evidences that prove the existence of Al - Qiyass as a judgement in the worshipings . I've divided this section into Abctract________________________________________________________ five researches ; beginning with the cleanliness because most of the worshipings are incomplete without cleanliness , then the prayer , the fasting , almsgiving and piligrimage . I can't say that I have mentioned all the measurements , but most of them , to suit this section and that is suitable to this , in order to prove the aim of this study . I started with the view of Shafi'yah , Hanafiyah , Malikiyah , then the Hanabila , may God bless them all. I hope I have showed and explained in these pages the right understanding and the continuity on this understanding which was applied by the scientists concerning Al - Qiyass in worshipings in general . I hope and pray for His majesty Allah that this thesis will be one of the bases of science in the field of Islamic legislations ; I hope also that my effort is only to His face and to be registered in the paper of my deeds and those who helped me to fulfill the thesis in this image we have now . Our last prayer is all praise is for Allah the lord of worlds and all prayer be with his prophet our first teacher mohammed with is house hold and companions.
