Employing major jurisprudence rules in the field of family jurisprudence

Authors

  • نعمت بازيد عالي جامعة صلاح الدين – أربيل - كلية العلوم الإسلامية
  • هيمن أحمد محمد جامعة صلاح الدين – أربيل - كلية العلوم الإسلامية

DOI:

https://doi.org/10.31185/bsj.Vol6.Iss10.183

Keywords:

Jorisprudence, Family, Rules

Abstract

      The research deals with the importance of jurisprudence rules, their jurisprudential function, and the difference between them and fundamentalist rules and regulations.  Employing the rules in codifying Islamic jurisprudence and appending jurisprudential arguments to the rulings about which the texts were mentioned. Although the initiators of editing the jurisprudential rules are the Hanafi scholars, but the Shafi’i scholars are more than the ones who preceded in this field, and they worked to establish the jurisprudence.  The research worked on clarifying the major jurisprudence rules, and employing those rules in the field of family jurisprudence and its doors in the doctrine of Imam al-Shafi’i, we were famous in the field of rules, such as: Al-Suyuti, Al-Subuaki, and Al-Zarkashi.  And adjusting the dispersed issues under the umbrella of the rules on a unified coherence, so that the rulings do not contradict each other, and the researcher and the mujtahid do not fall into the contradiction when deducing because the researcher is not able to encompass all the jurisprudential sub-rulings due to the large number of its endless issues

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Published

2022-09-13

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Section

Articles