قاعدة الأصل في الكلام الحقيقة وتطبيقاتها الفقهية
Date
2023-01-08
Authors
نيفين عصام عبد الرحيم جمجوم
Niveen Isam Abderaheem Jamjoum
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Publisher
Al-Quds University
Abstract
لقد قمت في هذه الرسالة بدراسة قاعدة "الأصل في الكلام الحقيقة" وتطبيقاتها الفقهية، وقد تناولت في هذه الدراسة شرح القاعدة، وعلاقتها بالقواعد الأخرى ذات الصلة، وبينت التطبيقات الفقهية للقواعد المذكورة في هذه الدراسة.
وقد جاءت هذه الرسالة في فصول ومباحث تتلخص بما يلي:
بينت هذه الرسالة تعريف القاعدة الفقهية باعتبارها علماً، وباعتبارها لفظاً مركباً من كلمتين، كما وبينت هذه الرسالة أنواع القواعد الفقهية.
وقد جاءت هذه الدراسة بشرح قاعدة "الأصل في الكلام الحقيقة"، فبينت المعنى الإجمالي لها، كما وبينت أنواع الحقيقة، وطرق معرفة الحقيقة من المجاز.
وقد شرحت هذه الدراسة علاقة قاعدة "الأصل في الكلام الحقيقة" مع القواعد الفقهية الأخرى المرتبطة بها، كما وتطرقت إلى ذكر التطبيقات على القواعد المذكورة.
وقد اختتمت هذه الدراسة بمجموعة من التوصيات والنتائج التي توصلت إليها من خلال الدراسة،
أهم النتائج:
إن دراسة القواعد الفقهية بشقيها الفرعية والكلية ذات أهمية كبيرة؛ وذلك لما يستخلص منها من الأحكام والتطبيقات الفقهية في شتى مجالات الحياة، حيث يحتاجها المسلم في جميع شؤون حياته.
وبناءً على ذلك أوصي طلاب العلم الشرعي بالعكوف على هذه القواعد دراسة وبحثا وتحليلا، وذلك لما لها من الأهمية في استنباط الأحكام الشرعية؛ فهي تهم المسلم بشكل عام، ومن يتولى أمور الفتوى بشكل خاص.
In this thesis, I have studied the rule of "the origin of speech is the truth" and its jurisprudential applications. This thesis is divided into four chapters, which are as follows : The first chapter: It was divided into three sections. In the first section, it dealt with the definition of the jurisprudential rule as a compound word of two words. Then, in the second section, it dealt with the definition of the rule as a science, and the third section dealt with the types of jurisprudential rules. The first is the types of jurisprudential rules in terms of breadth and comprehensiveness, and the second requirement came to show their types in terms of source, and the third chapter showed their types in terms of independence and dependency. Then, in the second chapter, I dealt with the principle of “the origin in speech is the truth” in terms of explanation and detail, and it came as follows: The first requirement came to explain the meanings of the rule, then the second requirement came to clarify the general meaning of the rule, and the third requirement came and explained the types of truth, then the fourth requirement came to show the ways of knowing the truth from the metaphor . Then I came to the third chapter, in which I touched on the relationship of the principle of “the origin of speech is the truth” with other jurisprudential rules; Where I mentioned the relationship of this rule with six other rules, and it came in six topics, which are as follows: The first topic: the relationship of the rule "the origin in speech is the truth" with the rule "certainty does not disappear with doubt ". The second topic: the relationship of the rule "the origin in speech is the truth" with the rule "the implementation of speech is better than neglecting it ". The third topic: the relationship of the rule "the origin in speech is the truth" with the rule "if the truth is not possible, then it becomes a metaphor". The fourth topic: the relationship of the rule "the origin in speech is the truth" with the rule "if speech cannot be implemented, it is neglected ". The fifth topic: the relationship of the rule of "the origin in speech is the truth" with the rule of "establishment is more important than affirmation." The sixth topic: the relationship of the rule of "the origin in speech is the truth" with the rule of "the contradiction of truth and metaphor ." Then came the fourth chapter, consisting of seven topics, where it dealt with the applications of the jurisprudential rules mentioned in the letter, and it was arranged as follows: The first topic: I mentioned the jurisprudential applications on the basis of " the origin in speech is the truth". The second topic: This topic shows the jurisprudential applications on the basis of "certainty does not disappear with doubt". The third topic: between the jurisprudential applications of the rule "the implementation of speech is better than neglecting it". The fourth topic: It came to clarify the jurisprudential applications of the rule "If the truth is not possible, then it becomes a metaphor ". The fifth topic: explaining the applications on the rule "if speech cannot be implemented, it is neglected ". The sixth topic: applications on the basis of "establishment is more important than affirmation ." The seventh topic: applications on the basis of "the conflict between truth and metaphor ." This study concluded with a set of recommendations and findings, the most important results: The study of jurisprudential rules in both its subsidiary and college parts is of great importance. This is due to the jurisprudential rulings and applications in various fields that a Muslim needs in his life affairs . Accordingly, I recommend that students of forensic science focus on these rules, studying, researching and analyzing them, because of their importance in deriving legal rulings. It concerns the Muslim in general, and the person in charge of fatwa matters in particular .
In this thesis, I have studied the rule of "the origin of speech is the truth" and its jurisprudential applications. This thesis is divided into four chapters, which are as follows : The first chapter: It was divided into three sections. In the first section, it dealt with the definition of the jurisprudential rule as a compound word of two words. Then, in the second section, it dealt with the definition of the rule as a science, and the third section dealt with the types of jurisprudential rules. The first is the types of jurisprudential rules in terms of breadth and comprehensiveness, and the second requirement came to show their types in terms of source, and the third chapter showed their types in terms of independence and dependency. Then, in the second chapter, I dealt with the principle of “the origin in speech is the truth” in terms of explanation and detail, and it came as follows: The first requirement came to explain the meanings of the rule, then the second requirement came to clarify the general meaning of the rule, and the third requirement came and explained the types of truth, then the fourth requirement came to show the ways of knowing the truth from the metaphor . Then I came to the third chapter, in which I touched on the relationship of the principle of “the origin of speech is the truth” with other jurisprudential rules; Where I mentioned the relationship of this rule with six other rules, and it came in six topics, which are as follows: The first topic: the relationship of the rule "the origin in speech is the truth" with the rule "certainty does not disappear with doubt ". The second topic: the relationship of the rule "the origin in speech is the truth" with the rule "the implementation of speech is better than neglecting it ". The third topic: the relationship of the rule "the origin in speech is the truth" with the rule "if the truth is not possible, then it becomes a metaphor". The fourth topic: the relationship of the rule "the origin in speech is the truth" with the rule "if speech cannot be implemented, it is neglected ". The fifth topic: the relationship of the rule of "the origin in speech is the truth" with the rule of "establishment is more important than affirmation." The sixth topic: the relationship of the rule of "the origin in speech is the truth" with the rule of "the contradiction of truth and metaphor ." Then came the fourth chapter, consisting of seven topics, where it dealt with the applications of the jurisprudential rules mentioned in the letter, and it was arranged as follows: The first topic: I mentioned the jurisprudential applications on the basis of " the origin in speech is the truth". The second topic: This topic shows the jurisprudential applications on the basis of "certainty does not disappear with doubt". The third topic: between the jurisprudential applications of the rule "the implementation of speech is better than neglecting it". The fourth topic: It came to clarify the jurisprudential applications of the rule "If the truth is not possible, then it becomes a metaphor ". The fifth topic: explaining the applications on the rule "if speech cannot be implemented, it is neglected ". The sixth topic: applications on the basis of "establishment is more important than affirmation ." The seventh topic: applications on the basis of "the conflict between truth and metaphor ." This study concluded with a set of recommendations and findings, the most important results: The study of jurisprudential rules in both its subsidiary and college parts is of great importance. This is due to the jurisprudential rulings and applications in various fields that a Muslim needs in his life affairs . Accordingly, I recommend that students of forensic science focus on these rules, studying, researching and analyzing them, because of their importance in deriving legal rulings. It concerns the Muslim in general, and the person in charge of fatwa matters in particular .
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Citation
جمجوم، نيفين عصام. (2023). قاعدة الأصل في الكلام الحقيقة وتطبيقاتها الفقهية [رسالة ماجستير منشورة،
جامعة القدس، فلسطين]. المستودع الرقمي لجامعة القدس. https://arab-scholars.com/c795e2