قواعد الترجيح عند الإمام الشماخي من خلال كتابه الإيضاح باب العبادات أنموذجا

Abstract

The rules of weighting according to Imam Al-Shamakhi through the section of worship as a model--book of Al-Idah (clarification) Student: Faffa Nouraddin Said Under the supervision of: Dr. Bakir Daoud Hammoudine

This study addresses an important topic that connects between origins and jurisprudence, as it is also concerned with revealing a rich and meritorious doctrinal thought, as well as reviving a legacy scientific effort. The aim of this study is to reveal the rules of weighting for the scholar Imam Abu Sakin Amer, ibn Ali, ibn Amer ibn Sifaw Al-Shamakhi Al- Nafoussi, one of the leading Ibadi who renewed the doctrine in the Libyan country. Al-Shamakhi played a significant role in serving the doctrine; by establishing schools and educating people about their religion, and by enriching the doctrine with literature that preserves his sciences and opinions; such as the book of clarification in jurisprudence. The study was planned by five themes. Under each theme, there are subsections and branches. Here we mention the most important points of the study:  The opening of the research demonstrates the concept of weighting rules according to the fundamentalists, followed by a presentation on the personal and scientific life of Sheikh Al-Shamakhi. I also defined the Book of Clarification to highlight its content and some features of the Sheikh’s approach.  I then mentioned the rules that the Sheikh had adopted in issues of clarification, after following his issues one by one.

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 By tracking issues of clarification, I found out the most important weighting rules; It turns out that the Sheikh adopts the following rules:  The first is weighting considering the Matn, in which I mentioned weighting considering the operative, concept, general, news associated with a threat.  The second is a second theme that I dedicated to weights considering an external matter, which is in the book; the most important thing I have recorded is weighting by approval of: Legitimate texts, an act in the time of the Prophet Mohamed (Peace be upon him) or his companions (May God be pleased with them), and the doctrine or one of its imams, etc.  Third, weights considering reasoning fundamentals and jurisprudential rules, in which the result is theoretical in terms of dependent evidence, including: Sadd al-dhari’ah( prevention of the means of corruption), Istihsaan (Judgment or view that is favorable), Orf (Convention), Istishab (the principle of the presumption of continuity), Massalih Al-Morssala (Public interests). As for the rules of jurisprudence: matters with their purposes, certainty does not go away with doubt, hardship brings facilitation, taking precautions…  The last theme reveals the weights in term of judgment: considering the most likely, the reassurance of oneself....etc.  In each weighting rule, I cite a set of jurisprudential issues, which I extract from the book of clarification of Imam Abu Sakin because he is the subject of study.  As every work, it must be concluded. The results of the work will be written in the conclusion, as well as practical recommendations

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that will contribute to the continuity of scientific research in the correct direction without shortcomings. Main recommendations are: The Book of Clarification should be reconfirmed in a revised correct version, as well as performing comparative studies between the views of Sheikh Al-Shamakhi and other scholars such as Imam Mohammed Atfish and imams of other doctrines