عناصر مشابهة
أصول اعتبار العرف عند الشافعية من خلال أحكام المعاملات في كتاب نهاية المطلب
| العنوان بلغة أخرى: | Urf as a Source of Legislation and the Rulings on Transactions in Nihayat al-Matlab |
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| المصدر: | مجلة دار الإفتاء المصرية |
| الناشر: |
دار الافتاء المصرية
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| المؤلف الرئيسي: | |
| المجلد/العدد: | ع25 |
| محكمة: | نعم |
| الدولة: | مصر |
| التاريخ الميلادي: | 2016 |
| التاريخ الهجري: | 1437 |
| الصفحات: | 146 - 221 |
| رقم MD: | 834912 |
| نوع المحتوى: | بحوث ومقالات |
| اللغة: | Arabic |
| قواعد المعلومات: | IslamicInfo |
| مواضيع: | |
| رابط المحتوى: |
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| المستخلص: | This paper seeks to regulate some of the perceptions and ratifications related to the rules of considering ‘urf a source of legislation in Shafi'i jurisprudence. The paper will start with examining the book Nihayat Al-Matlab fi Dirayat al-Madhhab by imam Al-Juwaini, benefiting from the jurisitic and normative efforts of latter scholars and tracing developments in the madh-hab. Although there exists studies that focus on the influence of ‘urf at the levels of jurisprudence and fatwa, the issue of ‘urf in general is still clouded in obscurity. Whoever contemplates the scholarly output of fatwa and juristic institutions worldwide will recognize scholars’ and researchers’ great need for scholarly texts and opinions from the various school of jurisprudence on original and new cases and the branches of fiqh, highlighting the importance of addressing issues of public concern. Therefore, fulfilling this purpose by relying on the proof of ‘urf in Shafi’i jurisprudence supplements preceding studies on other schools of jurisprudence. In spite of all that has been written on the rules and principles of jurisprudence past and present, certain issues need to be explored in order to manifest the opinions of Shafi’i scholars in general and the opinion of imam Juwaini in particular. The main issue that stimulated this research was the need to identify the role of ‘urf in the juristic inference system in the area of transactions in Shafi’i jurisprudence. There is also a need to manifest some its themes according to imam al-Juwaini as well as in the context of Shafi’i works during his time and beyond. It was necessary in this study to focus on the works of Al-Rafi’i, An-Nawawi, Al- Ramli, and Ibn Hajar. The paper is divided as follows: The first topic: Regulating perceptions (1) The meaning of ‘urf and ‘ada (practice) and the relationship between them. (2) Realization of intent: general and special ‘urf. (3) Realization of intent: authority of ‘urf. The second topic: Regulating ratifications (1) The ruling for the inconsistency between ‘urf, nass, and qiyas. (2) The problem of practical ‘urf and language. (3) Customs other than those mentioned by the students of Al-Shafi’i. (4) ‘Urf that is tantamount to stipulation and corrupt conditions. |
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