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التخصيص واثره في الاجتهاد عند الاصوليين : دراسة تطبيقية
Author name:
اسامة فيصل نجم السعدون
Supervisor name:
احمد عيسى يوسف العيسى
General topic:
Islamic Sciences
Specific topic:
Usul Fiqh
Degree:
Master
University:
Aliraqia University - Faculty Of Jurisprudence And Its Fundamentals
Language:
Arabic
University location:
Baghdad
First pages:
00T1469 - p.pdf
Abstract:
After writing this thesis about this subject, important points. Show themselves Some of these points are : 1 - Osool AL - Fiqih AL - Islami is a science that depends on mental , legal ,logical and linguistic principals. such a feature mill make the scholar follow the development of events , choose and take the most acceptable rules into consideration whether these rules and judgments are jest fiqih opinions or systematic laws.2 - "Specification" is one of the important and original subjects which is worth while and needs exact research and deep analysis.3 - Legal evidences are in harmony and they can not oppose each except apparently for the scholar. He may mistakenly take one thing as an evidence but it is actually not or he may wrongly believe that two text can not be in complete opposition yet each one has its own judgment that is difsenent from the other's one's. Opposition is the scholar mind not in the text or its meaning.4 - Apparent opposition among texts is between the general and the specific and the absolute and the restricted so it is just an apparent opposition. Then we find scholars specify the general and restrict the absolute.5 - If two texts are opposite , before starting work the scholar should follow two methods : 6 - The first method : A - Searching an agreement , if there is an agreement the scholar should rely on it with out looking at the text as specific and general.B - Is there a clear correction to this matter if there is one , the scholar should directly follow it.7 - This apparent opposition may gather those who oppose to be a group since all of them intend working out.When on agreement is not found the scholar should search the history of the opposes.when such a history is known the latest is accepted.when an agreement not found , the scholar should go back to the working ont in the basic of Al - Osool.8 - Also, all the affairs that are clarified under the "Specification" are introductory specification in one words than specification in two words than Specification in three words and etc…. This affair is explained under the rule.9 - Specification is one kind of interpretation kinds which keeps texts apparent.By this , this is called crossing ont interpretation i.e crossing out some general pronunciation words after their being influenced by Specification.10 - Specification is advanced to interpretation in the process of working out for there reasons : A - Advancing the condition to use and the origin to exception - for those who do not take metaphors.B - The rest of Specification is assigned but the metaphoric is multiple with rest as evidence i.e possibilities multiply with rest as evidence for the needed possibility.C - In metaphor, the first meaning is cancelled while it is not in Specification.11 - If two texts were opposite to each other and one of the text is from the book and the other from AL - Sunar besides that one is confirmed and the other is supposed, the scholar should mix both of the texts which are from one source.12 - Specification is a mean to explain texts before its being applied since it sheds light on many of its application to reality.13 - The most important affair in this these is that its depending on a new applicable style in the form of explanatory schemes.The purpose of these is to simplify 14 - "Specification" for the students of AL - fiqih and AL - Osool.15 - Specification is similar to abrogation in some issues and is deffernt in others as it is previously mentioned.16 - Judging to opposite texts whether they are general or specific or general from one side and specific from the other is obligation.17 - The Osoolyon are in disagreement upon the sects which should be kept in specification and what is right differs when the general is different.18 - The specific general differs from the general which is used for specification.The first is the pronunciation which refers to the generalization its generalization is to be taken as real not dependent on judgment while the second is the pronunciation that is used not in its position is a metaphor since it is used not in its position.Depending on this , the specific general is a reality but what is left of uniqueness.Where an the general that is needed for the specification is different.19 - The affair that can be specified should be multiple since what is need is the place that is specified.20 - this is every judgment proved for affair since it is a saying of some people and the fixed judgment for one does not accept specification.21 - The multiple fixed judgment : - It is a pronunciation that reflects its speech or a meaning in which the pronunciation does not reflect the speech but it is related to meaning in three ways : - 1 - The legal defect.2 - The Agreement concept.3 - The disagreement concept.22 - Trying to gather more special in the general the special and the specific.There are the most important conclusions that I reached to in thesis which can not be perfect.We ask God to make our effort for sake of his face , and thank God , prayer and peace may be on the most honest profit and the master of messengers.Conclusions of the thesis;After writing this thesis , certain points have made themselves clear : 1 - Osool Alfiqih Al islami is a science that depends on mental, legal, logical and linguistic bases.Such a feature enables the scholar to trace the development of events , choose the best rules whether these rules or judgment are just opinions or arranged as a law.2 - Specification is one of the important subjects that is worth while.3 - Legal evidences are in harmony and they cannot oppose each other except apparently for the scholar.He may mistakenly take one thing as an evidence but it is actually not or he may wrongly believe that two texts the in complete opposition. In fact, the two texts can not be in complete opposition yet each one has its own judgment that is different from the other ones. Opposition is in the scholar mind not in the text or its meaning.
