قاعدة " الهواء تابع للقرار" وتطبيقاتها المعاصرة
Date
2020-06-14
Authors
إلهام يونس عبد الرحمن طقاطقة
Elham younis Abd Alrhman takatka
Journal Title
Journal ISSN
Volume Title
Publisher
Al-Quds University
Abstract
This study explores the meanings of the terms in a fundamental jurisprudence rule entitled “The Fundamentals of Islamic Jurisprudence of Rule of Space and its Contemporary Applications”.
The study first examines its legal roots in Islamic Jurisprudence and the other fundamental rules drawn from it. The study then shows the conditions and applications of the rule. The study reveals that since time immoral, jurisprudence in Islam has been of paramount importance in which all fundamentals and sub-fundamentals go in harmony to deal with all walks of life of Muslims.
The study states that Muslim scholars are badly in need the jurisprudence rules for they organize the very nature of human beings and make it possible for reaching a final judgment that would be easily understood by all people. This jurisprudence rule will then leave no stone unturned as to other branches in Islam here an there, then it organizes them in a way that would be useful and accessible to people. One of these fundamental rules is the ʻRule of Spaceʼ, obviously an important rule that organizes branches of Islamic jurisprudence especially contemporary ones and a rule that has only received scant attention by Muslim scholars. The present study examines various scholars’ points of view about the ʻRule of spaceʼ, explains its inherent roots in terms of both Islamic Jurisprudence and legality, and highlights its importance in relation to other rules. It finally states its applications and conditions.
The findings of the study show that the ʻRule of Spaceʼ is a rule that dated back to early ages of Islam and it was fully adopted, and has been crucial to Islamic Jurisprudence since then.
The study reveals that old Muslim scholars have discussed the rule in literature and spoken of the applications of the rule as well as the conditions under which this rule had happened. The findings of the study finally show the applications of this rule nowadays. The study concludes with some recommendations that might be useful for researchers to pay even more attention to Islamic Jurisprudence rules in handling contemporary issues