منهج الشيخ عبد الرحمن البكري ت 1406ه في اجتهادته الفقهية

Abstract

Sheikh Abd Al-Rahman Al-Bakri is one of the modern Ibadite scholars of hadith who played a leading role in the field of Islamic law, "Shari'ah" for his assumption of the task of juristic deduction"Ijtihad" and legal opinion "Fatwa" in the Wad Mzab valley, and for his scholarly excellence in finding solutions to some contemporary issues and development. The purpose of this study is to disclose the characteristics of his approach in jurisprudence "Ijtihad Fiqhi"and to highlight his efforts and contributions to enrich the Ibadite jurisprudence in the Fiqh Foundation "Ta'sil Fiqhi", criticism and renewal. I have addressed in this paper some aspects of his approach through three sections, the most important findings of which are as follows: 1- The study initially demonstrated the concept of the jurisprudential approach, and its manifestations among the scholars of Islamic jurisprudence, and then it introduced Sheikh Abdul Rahman Al-Bakri's personal life and his most important scholarly contribution. 2- Within the framework of verbal jurisprudence, I have dealt in the second section with the concept of interpretative jurisprudence “Ijtihad Bayani "and its related terminology. I have demonstrated the Sheikh Al-Bakri's approach in dealing with words and investing their power properly by presenting his view towards the composing aspects considering its three sides: I devoted the first side of Sheikh Al- Bakri's view to composing words considering the meaning. While I devoted the second one considering clarity and stealthiness of meaning, and the third one considering the way of significance. 3- Since the texts of the Quran and the Sunnah are in one order and unified cohesion, the study has dealt with the paths that Sheikh Al-Bakri took to preserve the unity of the texts and their integrity whenever there is an apparent contradiction between them. Therefore, I presented the tracks of Sheikh in denying contradiction and preponderance of evidence starting with the track of abrogation “Naskh”, collection, preponderance and finally choosing. 4- The study has also revealed an important jurisprudence illustration by Sheikh Al-Bakri, which is the objectives of jurisprudence “Al-Ijtihad Al-Maqasidi”. to which I devoted the last section. Hereupon, I presented the concept of the objectives of jurisprudence and the most important characteristic on which the jurisprudence of Sheikh al-Bakri is based. They are consisting of five characteristics, namely: noticing causes and purposes, jurisprudence of reality and expectation, paying attention to the faculty of facilitation and raising embarrassment, guiding the objectives of balancing and prepondering between benefits and harms.