القواعد الفقهية الكلية و تطبيقاتها في كتاب الأم للإمام الشافعي

Abstract

Abstract This research is titled "The Universal Iurispiudential Rules And Their Applications In Elom Book by Elshafei. This research comprises an introduction, preface, five chapters and a conclusion. The introduction tackles the significance of the subject, reasons for its choice and the followed scientific methodology in this research: \ —Thc jurisprudential rules: (A Universal jurisprudential issue, or a universal jtuisprudential judgment). Y —Thc jurisprudential rules assist the researchers for discretion in the latest issues and the contemporary misfortunes. Y'—The appearance of the universal jurisprudential rules is dated back to the First Mission era, and the end of the Seventh Century and the earlier. of the Eighth Century is regarded the start of the proliferation of the art! of writing in this field. i—The rules of the origins of the jurispruclence and the jurisprudential rules may be a like, and any one of them has many jurisprudential branches fall under it, and the new branches interpreted in conformity with it. Chapter One is titled "Instructions have their intentions" and what it deals with is summarized in the following paints: (All type are arranged in this manner). 9 —Thc significance of the rule "Instructions have their intentions". It is attributed to the significance of the intention because it is the base for the wage, reward and punishment, and on which many conditions validity of warships and dealings lean on. "\—Application of the rule "Instruction have their intentions" is applied on the warships, lawful, prohibited, faith, jihad and others. The Second Chapter treats the rule "Certainty will not be abated by doubt". V—The rule of certainty shall not be abated by doubt is regard as one of the most vast universal rules in application and the most extended one in the jurisprudence chapters. /\—What is predominant in all things is its free from defects and its nolnl imperfection. Who claims the validity and safety is clinging to the source, and who claims other than that he should confirm that and bring the evidence. ‘ i - Q -The right, either financial or other than that, when its fall due confirmed : - legally for somebody, he will not be deprived. _ 8 ~ — The original charter inihuman being is the freedom but the‘, slavery is casual. - ' I Chapter Three treats the rule "Hardship bring the facilitation". 8 8- The rule "Hardship brings the facilitation" is regarded from the most obvious phenomenons that remove the embarrassment in th||e| ' Islamic Law. l 8 8‘ ~ In the rule "Hardship brings the facilitation" all legislation licenses and its softening. i 8 8'— Licenses are not charged with the sins. Chapter Four discusses the rule "Harmness shall be removed“. 8 i~ The rule "Harmness shall be removed" means the positive protection of the interests and negative protection of corruptions. 8 9- The contract shall be void if the condition does‘ not suit the contract or in contrast with it. 8 ‘\— The rule "Habit is a court" is regarded a fundamental rule and a reference for the application of the provisions.