Search In this Thesis
   Search In this Thesis  
العنوان
القواعد الأصولية عند الإمام الشيرازي :
المؤلف
ابن عبيدون، فهمي علي عبيد.
هيئة الاعداد
باحث / فهمي علي عبيد بن عبيدون
مشرف / محمد قاسم المنسي
الموضوع
الفقه الإسلامي. القواعد الأصولية.
تاريخ النشر
2013.
عدد الصفحات
489 ص. ؛
اللغة
العربية
الدرجة
ماجستير
التخصص
الآداب والعلوم الإنسانية (متفرقات)
تاريخ الإجازة
1/1/2013
مكان الإجازة
جامعة القاهرة - كلية دار العلوم - الشريعة الإسلامية
الفهرس
يوجد فقط 14 صفحة متاحة للعرض العام

from 492

from 492

المستخلص

In the end of this study
Firstly, here are some of the most prominent features of Imam al-Shirazi’s methodology derived from Usul principles .
1. Imam al-Shiraze was a very independent scholar. He came to his opinion based upon the evidence even if this went against the vast majority of scholars of Usul. He believed the truth to be that which the evidence led him to. For this reason he went against the majority on some issues. Examples of this are that when he defined a command (amr) he made it a condition that it issue from someone who is higher to someone who is lower. He was of the opinion that ziyadat al-thiqah should always be accepted. He also regarded ‘silent consensus’ (ijma` sukuti) to be definitive evidence.
2. Imam al-Shiraze did not merely transmit opinions or evidence. Rather he would discuss their validity and reject that which deserved to be rejected. He did not believe that to go to great lengths in interpreting opinions was to be objective.
3. In his book, Al-Lama`, Imam al-Shiraze clarifies the definition of the Usul principle and gives examples. He briefly mentions areas over which the scholars differ. He does not delve deeply into the evidence, but rather briefly mentions one or two pieces of evidence. He does not discuss the opinions and evidence of those holding opposing views in this book, but does so in al-Tabsirah, in which he discusses areas of Usul over which the scholars differ. Here he does not mention the areas in which they in
422
agreement. He authored al-Mulakhas f’il-Jadal fi Usul al-Fiqh to defend his position on the Usul principle and to show how to apply Usul principles to branches of law.
4. He does not accept probabilistic evidence as a foundation for Usul principles. Rather he only accepts unquestionable evidence. For that reason he withholds from making a judgement in some areas. He says in several places in al-Tabsirah: “This is probabilistic evidence which cannot be accepted in Usul. ” He also says: “Transmitting ahad narrations cannot be accepted in Usul. ”
5. At times he explicitly mentions the connections between the principle and its branch. He does this in qiyas in business transactions, acts or worship, hudud, kafarat and taqdirat. He also does this in discussing aqall al-jam`. At times he points to this without mentioning it explicitly, such as in his discussion of the principle that a command does not have to be obeyed immediately and his discussion of mutlaq al-nahi liltahrim. The connection may at times be understood from the context and from the evidence which he presents, and this is the case in most areas.
6. Shiraze gave great deal of attention in his famous book, Al-Lama’ to solving any disagreements to the point that he did not just mention the disagreement but rather he would go deep in finding the reason for the disagreement.
7. Shiraze has been recognized as being very keen in relating the sayings to its proper people and verifying its soundness where upon many other scholars relied on to Shiraze for their research and writing.
422
8. Shirazi in his Usul books avoided the non-relevant issues of non-importance such as soundness and critique, thankfulness of the one bestowing and other philosophical issues.
9. Shiraze’s approach in dealing with those whom he disagreed with is clearly based on respect and calmness void of extremism and prejudice when presenting his arguments with logic and textual proofs including in it complete and convincing answers to those who disagreed and argued with his opinion and proofs which he presented.
Secondly, these are the most important conclusions which i arrived to during my research :
1. Imam Shirazi is well grounded and firmly established when it comes to Usul, Principle and Fiqh, Jurisprudence. And this is evident through his researches and educated choices.
2. His famous book Al-Lama’ is the book which he established his confirmed openions, unlike his other book Al-Tabsira which he went against his own openions in certain cases.
3. Qaida Usulia, general principals are the principals which smaller and more delicate rulings are based on.