رفع الخلاف في الفقه الإسلامي دراسة مقاصدية
Date
2019-04-24
Authors
همسة فؤاد يوسف دراوشة
Hamsa Foad Yossef Darawshi
Journal Title
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Publisher
Al-Quds University
Abstract
This study is titled: "Eliminating controversy on Islamic jurisprudence
from an objective perspective".
The researcher has defined eliminating controversy on jurisprudence issues
as: the scholar accepting an opinion on a controversial Islamic issue, as one
agreed upon perspective, to generate a general benefit.
This study focused on removing controversy around Islamic jurisprudence
and clarifying what is needed and how to implement it. This study also
clarified that removing controversy on Islamic issues leads to
consequences such as: reducing controversy surrounding jurisprudence
issues, bridging doctrines of jurisprudence, and limiting controversy that
leads to segregation and separation between people. However, it must be
considered that implementing the destination is according to certain
regulations and conditions.
The researcher proved in her study, and after the extrapolation of many
texts of Islamic law, that removing controversy surrounding Islamic
jurisprudence must be according to a destination characterized by the
following:
Firstly, that it is a definite destination.
Secondly, that it is a complementary destination for other destinations.
Thirdly, it is a complementary necessities destination when it comes to
communities, and a complementary need and desirability destination when
it comes to individuals.
The researcher presented in this study methods and rules to eliminating
controversy on Islamic jurisprudence, which include: Islamic legal text,
consensus, considering controversy, the judge's judgment, the ruler's
judgment, and modern technology.
The study concluded with many results, including: the scholar must aim to
reduce controversy surrounding jurisprudence branches, with the goal of
removing controversy, which the Islamic law aimed to do.
The recommendations are as follows: to advice the jurisprudence branches,
and the known Islamic bodies to reconsider the issue which have
controversy, and to aim to reduce its controversy as much as possible,
according to the ways and rules cited in the study.
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Citation
دراوشة، همسة فؤاد. (2019). رفع الخلاف في الفقه الإسلامي دراسة مقاصدية [رسالة ماجستير منشورة، جامعة
القدس، فلسطين]. المستودع الرقمي لجامعة القدس. https://arab-scholars.com/e5d590