الارادة والطلب وأثرها في الاستنباط الفقهي دراسة تحليلية

Volition and Demand And Their Impact In The Jurisprudence Elicitation (Analytical study)

This study was based on three chapters preceded by an abstract and an introduction and followed by the conclusion in which the researcher tried to point out the result he deduced, As well as the references and resources and then a summary of the study in English. The researcher tried to give a brief an idea about each one of the terms used in the main title, “volition, command, demand, prohibition, effect, and Jurisprudential inference” explaining every term with a reference to its origin.

The first chapter comes to show the truth of demand and prohibition which came in three sections dedicated to studying the truth of volition for the speakers, where the first sections dealt with first the point of view of Mu’tazila (a rationalist school of Islamic theology ) in command and prohibition and secondly, he tackled the point of view of Ash’ariyya in the divine will and its impacts on demand and prohibition, And finally dealt with the view statement of the Imamiyah school speakers. The second sections show how philosophers show the truth or reality of volition.

first he showed the point of view of the materialism philosophers in volition and a choice which embraced the theory of Psychologists that’s based on The characteristics which blend to create the personality expressed by the term (personality triangle), then he dealt with the divine volition among Muslim philosophers and showed their own opinions which divided them into two section one who considered it divine only characteristics and the other section considered it qualities that were made by God. The first chapter was ended with the last and third sections in which he showed the view of Fundamentalists in divine will be indicating the variation of opinions and the reason behind it.

The second chapter was dedicated to show the truth of the demand and prohibition in which the first section studied the truth of command to the Fundamentalists, indicating the stage that it went through and its sections and the most important meanings that it was used with, and condition of height and superiority in structural demand. The second section dealt with the most important tools of demand among fundamentalists the command and the prohibition, the study concepts subject the material shape and figure view and their indications, showing the views of Fundamentalists in each term in details then moving on to the indication of the predicates sentence which is used in demand and the important Fundamentalist view of it.

The third section dealt with prohibition and how it indicates a demand but it started the sentence with negation instead, indicating its meanings and uses to the Fundamentalists who differed in the effect to several sayings, then dealt with the research formulation of the prohibition and the most important views, and dealt with the fact of the issue of collect. It deals then with the wording of prohibition and the most important views or comments about it. It also tackled the possibility of the prohibition an order to occur at one time and the Jurisprudence benefit of that occurrence.

The third and last chapter was dividing into three sections, the first section the first part of the study is devoted to studying the truth of Almighty words, and the theory of psychological speech, and the views of linguistic theories in it, and its impact on the process of the elicitation jurisprudential. The second section was dedicated to the study compelling and choice and their effect on volition and command, about which the Ash’ariyya said that if one did not have the volition to act on something then his actions are forced or compelling. On the other side, it dealt with what the Mu’tazila said about the Authorization theory which was the exact opposite of what the Ash’ariyya had said, and lastly it explained the view of Shi’a which said a human has the right to choose between two conditions, he is not obliged neither given the whole authority. The last chapter dealt with the ratio between the concept of volition and the concept of demand and the implications of that. It showed views of the fundamentalists were reviewed in this subject in detail and the statement of the fundamentalist, jurisprudential and contractual implications.

The study and research were not more than an attempt to show the greatness of the Islamic heritage, perfection cannot be promised but if that attempt seems perfect then all Thanks and appreciation goes to God, and if it was not that is because humans are not perfect, but I tried and put out a lot of effort on this study