تطبيق قواعد أصول الفقه عند تقي الدين النبهاني دراسة مقارنة
Date
2021-07-13
Authors
إبراهيم خليل عجرم أبو غالية
Ibraheem Khaliel Ajram Abu Ghaliah
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Publisher
Al-Quds University
Abstract
This study deals with the fundamental rules and their applications according to Al-Nabhani,
and it deals with the topics in which Al-Nabhani has an opinion in which most scholars
differed or he was alone with it. The Prophet, the evidence of consensus, and the evidence of
measurement In this study, the descriptive analytical approach was followed. She described
the fundamentalist phenomenon to him as it is, then followed by mentioning his evidence and
guidance, and indicated its strength or weakness, the revenues that can be responded to, and
the effects it leaves on the branches of jurisprudence.
As a result of this study, Al-Nabhani’s stipulation that the principles are definitive was taken
out of many presumptive principles, rather definitiveness from the circle of ijtihad, and a
wide narrowness.
He was confused in applying the rule of origin to things; Because there is no way to
differentiate between things and actions, which made him sometimes expand on what is
permissible, and sometimes narrow when he considers them actions.
And he made the meaning of the two forms of command and prohibition is demand, and
demand in his view includes all the meanings of command and prohibition.
It is also a difference between the form of the command and obedience to the command,
without a reason or evidence, and the same is done in the prohibition.
He considered all the hadiths mentioned in the previous books of principles and jurisprudence
of the type of good hadith that may be inferred in the chapter of rulings, as he has a definition
of good hadith in which he contradicted the imams of this art, and his definition is consistent
with his opinion.
And limiting the considered consensus to the unanimity of the Companions, and the basis of
the consensus in his view is the achievement of justice, and he has certainty in the
Companions and not others. And he believes that reason has no entrance in the chapter on
analogy, and there is no lesson in the cause unless it is stipulated, and this resulted in the
abolition of analogy in worship at all, and in others as well if the reason was not stipulated,
and the saying that the legislator differentiates between the similar, and combines the
different, and the adoption of paths For the bug in which it is stipulated according to his
opinion.
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Citation
أبو غالية، إبراهيم خليل. (2021). تطبيق قواعد أصول الفقه عند تقي الدين النبهاني دراسة مقارنة [رسالة
ماجستير منشورة، جامعة القدس، فلسطين]. المستودع الرقمي لجامعة القدس. https://arab-
scholars.com/a74010