تأصيل وتفعيل القواعد الفقهية المرتبطة بحفظ كلية النفس
Theorization and Activation of the Jurisprudential Rules Relating to the Faculty of Preserving the Soul
Keywords:
تأصيل, تفعيل, القواعد الفقهية, حفظ كلية النفسAbstract
The significance of this study stems from the fact that it highlights the greatest and the most sublime faculty in the Islamic Sharia, that is, preserving of one’s soul. Besides, it examines from a Maqasid perspective some of the contemporary application on caring about the human soul as well as the latest developments in this regard. The study furthermore highlights how this faculty in question is activated in the jurisprudential rulings along with its contemporary applications. The researcher has adopted two methodologies, as follows: - (1) the descriptive approach to showcase how to activate the jurisprudential rules relating to the faculty of preserving the soul in a number of applications; and (2) the deduction approach to carefully examine some jurisprudential rules on caring about the human soul along with their contemporary applications. One of the main reasons behind the composition of this thesis is to address some contemporary issues from a jurisprudential viewpoint. Out of the fact this thesis has to do with the current reality, we state that it is of cardinal importance in the time being, especially in that time when pandemic COVID-19 threatens the entire humanity. As such, it is clear the Islamic Sharia objective on preserving the human soul is of cardinal importance in all times and places. Also, due to the fact that some countries today no longer care about people’s life, Muslim’s next generations are thus under imminent danger. The study arrives at some findings including: - First, Islam cares about the human soul, a point which is clear in giving special permissions to Muslims at times of necessity. For example, it allows them to resort the stem cells technique in curing some diseases, which is Islamic legal maxim “Hardship brings ease”. Second, necessity must only be answered proportionately, so the emergence of the infectious COVID-19 decrees that we should not attend the Friday prayers and the congregational prayers for fear of infection. Third, the personal harm should be endured for warding off public harm. For this reason, in spite of the fact that legal penalties may be painful to some people, they were laid down so that people would feel secure on their lives, money, property and honor. An example from our current reality today includes putting those people who are suspected to be infected with infectious diseases like COVID-19 in health quarantine, because the interest of the public should be given precedence to that of an individual. The study offers some recommendations including that the education sector should effectively contribute to spreading awareness of the jurisprudential rules and how to link them with the ultimate objectives and faculties of the Sharia through including them in the academic curricula. Besides, it suggests that the creedal and jurisprudential side should be reinforced and promoted among Muslims.
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References
Al-Abdul-Latif, Abdul-Rahman bin Saleh, Jurisprudence and Jurisprudence Regulations Containing Facilitation (Saudi Arabia: Deanship of Scientific Research at the Islamic University, Al-Madinah Al-Munawwarah, 1st edition, 2003).
Al-Bahsin, Ya`qub Ibn Abd al-Wahhab, “The Difficulty Rule” Brings Facilitation, An Theoretical Study- Disciplinary- Applied (Riyadh: Al-Rushd Library, 2003)
Al-Bukhari, Muhammad bin Ismail, Sahih Al-Bukhari, investigation: Muhammad Zuhair bin Nasser Al-Nasser, (Dar Touq Al-Najat, 1st edition, 2001).
Al-Busti, Muhammad Ibn Hebban, Sahih Ibn Hebban, arranged by Ibn Balban, investigation: Shoaib Al-Arnaout, (Beirut: Al-Resale Foundation, 2nd edition, 1414 HA).
Al-Ghazi, Muhammad Sidqi bin Ahmed bin Muhammad Al Borno Abu Al-Hareth, brief in clarifying the rules of total jurisprudence, (Beirut: Al-Resala Foundation, 4th edition, 1996).
Al-Hawari, Sabah, the purpose of self-preservation and contemporary jurisprudence. Some images of abortion: a study in the light of the purposes of Islamic law and Algerian legislation, Journal of Law and Humanities, University of Xian Achour, Djelfa, volume 11, No. 2, 2018.
Al-Khademi, Nur al-Din bin Mukhtar, and the legitimate purposes and their link to the legal evidence and fundamentalist terms (1st edition, 2003).
Almabida, muhamad 'ahmad, maslahat hifz alnafs fi alshryet al'iislamiati, (alqahrt: muasasat almikhtar lilnashr waltawziei, 2005).
Al-Maqri, Abu Abdullah Muhammad bin Ahmed, The Jurisprudence of Jurisprudence, investigation by Dr. Muhammad Al-Dardabi (Rabat: Dar Al-Aman, 2012).
Al-Mardawi, Ala Al-Din Ali Bin Sulaiman, Al-Tahbir, Explaining Liberation in the Fundamentals of Jurisprudence (Riyadh: Al-Rushd Library, 1st edition, 2000).
Al-Qahtani, Saleh bin Muhammad, a group of gorgeous benefits on the system of jurisprudence rules, investigation: Muteb bin Masoud Al-Jaid, (Saudi Arabia: Dar Al-Samie for publication and distribution, 1st edition, 2000).
Al-Qaradawi, Youssef, Jurisprudence of Priorities, (Cairo: Wahba Library, 2nd edition, 1996).
_____________, Yusef, a study in the jurisprudence of the purposes of Sharia between total intentions and partial texts (Cairo: Dar Al-Shorouk, 3rd edition, 2008).
Al-Shatby, Ibrahim bin Musa bin Muhammad, approvals, investigation: Abu Ubaida Mashhur bin Hassan Al Salman, (Dar Ibn Affan, 1st edition, 1997).
Al-Subki, Taj Al-Din Abdel Wahab, Al-Ashba and Al-Isha’er, (Beirut: Dar Al-Kutub Al-Alami Scientific, 1st edition, 1991).
Al-Zarkashi, Badr Al-Din Muhammad Bahadur, who is strewn in jurisprudence (Kuwaiti Ministry of Endowments, 2nd edition, 1985).
Al-Zarqa, Ahmad bin Al-Sheikh Muhammad, explaining the jurisprudence rules, (Damascus: Dar Al-Qalam, 2nd edition, 1989).
Al-Zuhaili, Muhammad Mustafa, jurisprudential rules and their applications in the four schools, (Damascus: Dar Al-Fikr, 1st edition, 2006).
Arabic site 21, 3/17/2020 AD, entitled: Do mass worship fall due to the spread of the Corona epidemic? Https://arabi21.com/story/1252599.
Azzam, Abdulaziz Muhammad, Juristic Rules (Cairo: Dar Al-Hadith, 2005).
Balaji, Abd al-Salam, Evolution of the science of origins of jurisprudence and its renewal (and its influence on verbal investigations) (Beirut: Dar Ibn Hazm, 2010).
Dweik, Tayseer Azmi Mahmoud, Jurisprudential Regulations Governing Medical Legal Licenses Relating to the Purpose of Self-Preservation: Jurisprudence Study, Master Thesis, International Islamic Science University, Jordan, 2018.
El Wensheresy, Abu Al-Abbas Ahmed bin Yahya, clarification of the pathways to the rules of Imam Malik (with a study of the author's life, its effects and its era), the investigator: Ahmed Boutahir Al-Khattabi, a university study to obtain a diploma of higher studies in Islamic sciences from Dar Al-Hadith Al-Hassania in Rabat (Morocco: Fadaliya Muhammadiyah Press, 1980).
Hakim, Muhammad Taher, The Care of Interest and Wisdom in the Law of the Prophet of Mercy) (ﷺ), Islamic University of Madinah: No. 116, 2002).
Ibn Ashour, Mohamed El-Taher, Editing and Enlightenment (Tunisia: Dar Sahnoun for Publishing and Distribution, 1997).
___________, Muhammad al-Taher: The Purposes of Islamic Law, Investigation and Study of Muhammad al-Tahir al-Misawi (Amman: Dar al-Nafees, 2001).
Ibn Katheer, Abu al-Fida'a, Ismail bin Omar bin Katheer, The Great Interpretation of the Qur’an, an investigation: Sami bin Muhammad Salama, (Thebes House for Publishing and Distribution, 2nd edition, 1999).
Ibn Manzoor, Jamal Al-Din Muhammad Bin Makram, Lisan Al-Arab, (Beirut: Dar Sader Printing and Publishing, 1st edition, 2000 AD).
Ibn Taymiyyah, Taqi al-Din Abu al-Abbas Ahmad bin Abd al-Halim, Mosque of the Messages, investigation: Muhammad Rashad Salem, (Riyadh: Dar al-Ataa, 1st edition, 2001).
Muslim, Muslim bin Al-Hajjaj, Sahih Muslim, investigation: Muhammad Fouad Abdel-Baqi, (Beirut: Arab Heritage Revival House), Vol. 4, p. 2047.
Raju, Abdul-Rahman, Rule: (Consideration of the verdicts of deeds), and their effect on Sharia rulings, (research published on the Internet on: 14 Rajab 1439 AH 2018, link: https://alabasirah.com/node/760). The total decisions and recommendations of the Islamic Fiqh Academy at its third session in 1407 AH, Resolution No. 23.
Youbi, d. Muhammad Saad, The Purposes of Sharia and its Relation to Sharia Evidence, (Riyadh: Dar al-Hijrah for Publishing and Distribution, 1998).
Zaid, Mustafa, The Authority in Islamic Legislation (Dar Al-Fikr Al-Arabi, 1954).
Zidan Abdel Karim, Al-Wajeez in explaining the jurisprudence rules in Islamic law, (Beirut: Al-Risala Foundation, 1st edition, 2001)
