Document Details
|
Document Type |
: |
Thesis |
|
Document Title |
: |
The sayings of the Sahaabah, which is not known to have an o offense to the Shaafa'is and their impact on the jurisprudential difference أقوال الصحابة التي لا يعرف لها مخالف عند الشافعية وأثرها في الاختلاف الفقهي (دراسة فقهية مقارنة) |
|
Subject |
: |
Faculty of Arts and Humanities |
|
Document Language |
: |
Arabic |
|
Abstract |
: |
The problem of the study lies: that by looking at the books of the jurisprudence of the four schools of thought, it is noted that the jurists in each school accept the sayings of the Companions for which there is no contradiction, so if so, why do the jurists differ on a matter in which one or more companions say and no contradict is known to him? Is it because the violator did not prove the companion’s statement or did he not stand against it? Or is it proven to him, but he knows that another companion has a different say and he is more likely to accept it? Or does he have more evidence in the matter than the companion, who does not have a contradiction? Or other possibilities.
The study aims to: answer the previous questions by studying the sayings of the Companions that the Shafi’is stipulate in their books that there is no contradiction to them, where each issue is studied by stating the text in which the inference is made by the statement of the companion who does not have a contradiction with the Shafi’i from their books, and graduating the companion’s statement from Hadith sources, ascertaining the validity of the claim of the non-existence of the offender, then studying the ruling of the jurisprudence of the four schools of thought to see the effect of inference by saying the companion, who has no knowledge of it, on the juristic difference.
The importance of this study becomes clear: it serves an important aspect of Sharia evidence, and in that service to Islamic jurisprudence in general, and for Shafi’i in particular.
The study includes an introduction, a preface, four chapters, a conclusion, and indexes. The introduction contained the research problem, its limits, importance, goals, previous studies, research methodology, and its detailed structure. The preface included the definition of the Companions, their virtues, and the authenticity of their sayings, and the four chapters include the study of texts from the books of the Shafi’i in which he inferred the saying of the Companion, who has no knowledge of it. The conclusion showed the results reached by the researcher. and the most important: 1- The number of the sayings of the Companions for which there is no known contradiction with the Shafi’is was (214) in words, and the texts of these sayings were graduated from the hadith sources, except (23) in statements I did not find their texts in the modern sources other than (8) of these sayings found Reference to it in the books of jurists.2- By examining the Shafi’i’s decision regarding the absence of a violation of the Companions in the 92 issues in question, it became clear that this lawsuit was not valid in (13) issues because of the existence of the violator.3- Through the jurisprudential study of the issues under discussion, it became clear that there was a disagreement among the jurists of the four schools of thought in (54) issues. The reason for this is due to the incorrectness of what the Shafi’i decided, regarding the absence of a violation of the companions on the issue in question. Or the lack of a companion say in the Hadith sources. Or that the violator did not inform him of these effects on the Companions. Or that the narrated texts on the Companions are not explicit accept the possibility. |
|
Supervisor |
: |
Prof. Slem Hamzah Madani |
|
Thesis Type |
: |
Doctorate Thesis |
|
Publishing Year |
: |
1441 AH
2020 AD |
|
Added Date |
: |
Tuesday, June 2, 2020 |
|
Researchers
| خالد احمد الجهني | Al-Johani, Khaled Ahmed | Researcher | Doctorate | |
|
Back To Researches Page
|