اسم الباحث : زهراء احمد علي
اسم المشرف : أ.م.د. ضرغام كريم الموسوي
الكلمات المفتاحية : المباني- تفسير- الاحتياط - البراءة - الاستصحاب
الكلية : كلية العلوم الاسلامية
الاختصاص : الشريعة والعلوم الإسلامية
سنة نشر البحث : 2017
تحميل الملف : اضغط هنا لتحميل البحث
الخلاصة
تحاول هذه الدراسة قراءة أثر المباني الاصولية في تفسير آيات الاحكام مستعملة للتحليل لسبر أغوار النص والوصول الى الحقيقة . ومن الأسباب الداعية للكتابة في هذا الموضوع بيان مدى أثر المباني في تفسير آيات الاحكام وتسليط الضوء على ذلك الأمر . وتبعاً لمقتضيات البحث فقد ضمت الدراسة فصل تمهيدي وأربعة فصول . كان الأول مهتماً بتعريف المفاهيم والفرق بين المبنى الاصولي والقاعدة الاصولية . اما الفصل الأول فكان بعنوان أثر المباني الاصولية اللفظية في تفسير آيات الاحكام , وكان الثاني أثر المباني العقلية في تفسير آيات الاحكام , وجاء الثالث أثر مباني الادلة الشرعية في تفسير آيات الأحكام , اما الفصل الرابع والاخير فكان أثر مباني الاصول العملية في تفسير آيات الأحكام ثم خاتمة ذكرت فيها أهم النتائج التي توصل إليها البحث ومنها ان المبنى الاصولي يختلف عن القاعدة الاصولية فالمبنى أخص والقاعدة أعم فلا غرابة في اتفاق الاصوليين في القواعد واختلافهم في المباني.
Impact of fundamentalist buildings At Interpretation of verses of judgments Analytical study
Conclusion
In conclusion, we thank God first and foremost, and peace and blessings be upon the seal of his prophets Muhammad al-Mustafa and his pure family. We can not conclude the conclusion of this work except to mention some of the findings of the research results:
1. The research shows that the fundamentalist building is different from the fundamentalist rule, since the building is more specific and the base is more general, and then it is no surprise that the fundamentalist agreement in the rules and their differences in the buildings.
2. It can be said that one of the reasons for the difference in buildings is due to the nature of the Qur’anic text, the diversity of its subjects and the knowledge background of the jurist as well as the nodal guidance in that.
3. It has been shown that the fundamental building in the verbal assets has an impact on the interpretation and the statement of the expansion and narrowness and we observed that in fact the legitimacy and the common and the derivatives and derivative, for example in the verse: (… Vtabohm if you know them good … (()), That the good is either universal or the last one who took one of the concerned has narrowed the concept of the joint and said that the intended both have been expanded.
4. We saw in the first chapter the effect of the buildings in the relationship of change and switch to the rule as in the matter of command and prohibition as if the verse includes a substance or wording of the command and it is a phenomenon in the duty and then comes a presumption of its behavior to be desirable and then change the ruling from the pit to the confirmation of the meaning: I read the Qur’an and seek refuge in Allah from the accursed Satan. Whoever took the form of the formula said that it is necessary to seek refuge and to take away the originality of innocence, rather than ruling on the implication, and the same in forbidding.
5. As we noticed the effect of buildings in the study of prohibition actually, for example, that in the verse: (O you who believe if we pray to pray on Friday and seek to mention God and sell well that is better for you if you know (a formula forbidding adoption of the view that the prohibition of treatment It is necessary for corruption to lead to the corruption of selling when the call is made for Friday prayers. Whoever adopts the opinion that forbidding treatment does not require corruption, it is valid to sell. The effect of the building is clear here in changing the ruling.
6. As was usually the effect of fundamentalist buildings in the statement of judgment narrow and wide in the exclusive and restricted terms of the public and private and operative and the concept we find, for example, in the verse: (Whoever recites from you about his religion Vimet is an unbeliever and those who thwarted their actions in this world and the Hereafter and those owners of the fire are therein) To limit the frustration of the work of death has escaped from the circle of government and then the effect of rebound easier than the gold to non-restriction, but to get frustrated by the bounce back, it has narrowed the circle of government and then the impact of the most difficult and dangerous, and near The one who does not have the right to fast is not ransom, and whoever adopts the impurity of the concept of description, he said: Those who can not afford to fast for the reasons mentioned above. Ransom and the effect of the building is clear here in the statement of the Islamic ruling.
7. The mind at the front is neither a ruler nor a legislator, but it has the ability to realize the attachments between the Shari’a and its issues are reflected in more than one image, including the issue of antagonism and parts and the meeting of the matter and the prohibition and the introduction of duty and the significance of the prohibition on corruption because they are inherent to reach the legitimate rule.
8.The third chapter includes the study of the evidence of the shar’i (Qur’an, Sunnah and Consensus) without reason, since it is an individual with a separate chapter as it happened. Then the talk about the Holy Quran and then the applications of some verses of the book itself and for the year is changed. The consensus in front is not a stand-alone evidence in the Quran and Sunnah, but it is a manifestation of the Islamic ruling to enter infallibility in it. Enter infallibility within the compilers To be an argument other than the general scholars who had just a nation’s agreement on a religious matter.
9. Among the differences of the scholars in the fundamentalist buildings that influenced the interpretation of the verses of the judgments are in the verses that include the original process (acquiescence, innocence and precautionary provision), for example in the asceticism, for example, in the verse: (And comes down from heaven water to purge you) The view that the authority to withdraw is as it is known is a lack of judgment, since the ruling is that the added water does not raise an event and does not remove slag. We find that the building of Mr. Al-Murtada (Qadis) is not authentic, as it is transmitted. Extend governance to water portability Added to the disinfection.
10. As we found in the chapter on practical assets, the effect of the reasoning of the jurists in deducing the statement of the ruling in the study of the authenticity of the patent and when the interpretation of the verse: (000 and the people of the pilgrimage of the House of the able to find a way … We find that famous jurists benefited from the verse that the pilgrimage to every Muslim sane adult Who can deduce the originality of innocence, while Sheikh al-Saduq (al-Qadis) was famous for saying that Hajj should be performed on the one who is able to do so every year, and therefore he has extended the rule away from the authenticity of the innocence and the interpretation of it.
And thank Allah the god of everything