التعليل عند الإباضية وأثره في الفروع الفقهية دراسة أصولية مقاصدية
This study began by revealing the phases that Ibadi jurisprudence (Fiqh) went through in terms of research (tahqiq), output (ikhraj) and writing (tadwin), whether it is related to the objective aspect that relates with the principles of the Ibadhi school, its fiqhi outputs and its intellectual ch...
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| Summary: | This study began by revealing the phases that Ibadi jurisprudence (Fiqh) went through in terms of research (tahqiq), output (ikhraj) and writing (tadwin), whether it is related to the objective aspect that relates with the principles of the Ibadhi school, its fiqhi outputs and its intellectual characteristics, or to the nature of the evidence (adillah) itself and the distinctive features of the methodology that it came with. The researcher has demonstrated through this study the enormous jurisprudential efforts made by the Ibadi scholars by collecting and studying the abundance of jurisprudential resources, whether they are extracted from the texts, derived from the principles laid out by imams or the preferencing (tarjih) between several opinions, along with the explanation of the ratio legis (illah) of the rulings. This study was done to answer the question: “Do the Ibadhi scholars apply the process of ta’lil in Sharia rulings?” which occupies the center stage with regards to the fiqhi issues in the books of the Ibadhi mazhab.This study aimed to show the theory of ta’lil according the Ibadis regarding the reasoning of the rulings, considering ta’lil and ta’abbud, the relationship between language and ta’lil, the rational argument (aqli) and its relationship with the texts (naqli), interests, maqasid and reasonable characteristics (al-ausaf al-munasabah), ta’lil by using fiqhi and usuli legal maxims, blocking the means (sadd al-zara’ie), juristic preference (istihsan), the principle of precaution (al-akhzu bi al-ahwath), the rule of considering the implication (qaedah al-ma’al) the presumption of continuity (istishab) and plea for interest (istislah) within the branches of fiqhi issues and fatwas. Historical method was then utilized in studying the idea of ta’lil among the Ibadhis in terms of their formation, formalization, and development in the age of ijtihad and taqlid. The inductive method was used in tracing and probing the difference of opinions and the evidence that were issued to support ta’lil, and the analytical method in presenting the fiqhi subject that along with the explanation of the rational of the ta’lil. The researcher concluded that the reasoning based on interest, purposes and wisdom are tools to derive the rulings of jurisprudence for fiqhi issues in accordance with specific rules in the Ibadhi school. Implementing ta’lil will open a wide door in realizing the goals of Sharia for mankind at all social, political, and economic levels, and in utilizing Sharia ruling and its continuation in achieving the interests of mankind in this world and in the hereafter, in accordance with the requirement of the Sharia for them. |
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