The object of the research The presuming jurisprudence * between Ahl El raia and Ahl El hadeeth mahmoud elnegiry We understand from the Holy Koran that we should not ask about future matters that have not happened yet . Allah said : - “ ya Ayoha Alazena Aamano La Tasalo An Ashyaa En Tobda Lakom Tassoakm “ El Maeda : [101 ] يا ايها اللذين آمنوا لا تسألوا عن أشياء أن تبد لكم تسؤكم . . . In Elsahehin , prophet Mohammed ordered us not to ask about matters that have not happened yet . He Said : - “ precedent people were ruined because of their exaggerated questions and disobeying their prophets , So if I order you not to do something , you should not do it and if I order you to do something , you should do it as much as you can “ Ahmed told us that prophet Mohammed prevent us to ask about complicated religious questions . This complicated religious questions in cludes presuming matters that have not happened which are used to overcome the adversary and this presuming matters have no use . Omar Ibn El Khatab leave complicated religious matters and if they happened , Allah will send someone to understand them and Know their legal judgment . “ ( 1 ) It is Known also about Elsalaf that they does not like to speak about matters that have not happen yet and refusing to give a legal opinion about them . Massrouk said that he asked Oby Ibn Kaab about alegal matter then oby : asked , “ Has this matter happened ? “ then I answered , “ No“ * presuming jurisprudence : - presuming matters that have not happened yet. (1 ) Gamea Byan Elelm wafdleh : Ibn Abdel El bar, P . ( 2 / 142 – 143 ) Then oby said , “ So let me arrest until that matter happen “ ( 1 ) Kharega ibn Zayd Ibn thabet said that his father did not give any legal opinion about any matter until he asked , if that matter happened ? “ and if it happened , he would gave his legal opinion and if had not happen , he refused to speak about it .( 2 ) Ibn Masuad said , “ Do not speak about matters that have not happen yet because precedent people were ruined because they are asking a bout that matters . leave these matters because they make man asinner after being a strong believer . If someone asked you about that matters , you should say that you do not know and not knowing is third part of knowledge . “ ( 3 ) El tabaon refused answering questions about matters that have not happen yet . This is because they think that presuming looks like Astrology or predicting future . They also was afraid to make something legal or illegal without knowing the circumstances . El Shaby said “ learn that well , if you are asked about alegal matter and you answered it , you must not follow you answer with giving examples about matters that have not happen yet because Allah said :- “ Araayt Man itakhaza El ahhehe Hawah “ [ El forkan : 43 ] ( 4 ) أرأيت من اتخذ الهه هواه [ الفرقان : 43 ] Abdel Malek Ibn Marwan asked Imam Ibn shehab El zohary about a matter and Imam asked him , “ Did this matter happen ? “ Abdel Malek answered , “ No “ then Imam said , So leave it until it happen and if So , God will Solve it : ( 5 ) ( 1‘ 2 ‘ 5 ) Gamea Byan El elm wafdleh : Ibn Abdel El bar . P . ( 2 / 142 – 143) ( 3 ) Ielam El mwakeen : Ibn El kayem P ( 1 / 47 ) ( 4 ) Gamea Byan El elm wafdleh ( 2 / 147 ) On the other side The Sahaba asked prophet Mohammed a lot of questions about matters that have not happened and prophet Mohammed answered them and give them his legal decision about that matters . In El sahehin , Rafea Ibn Khadaig asked prophet Mohammed , “ We will fight the enemy tomorrow , but we have not any knifes , can we asharp plant as a substitute thing ? “ prophet Mohammed answered , “ you can use it and mention the name of Allah wher you Slaughter any Sheep . “ El termezy said that once aman asked prophet Mohammed , “ What can we do if we are ruled by rulers who prevent our rights and asked about their rights . “ Prophet Mohammed answered , “ Listen and obey and in judgment day , Every one of you will be responsible for his sins “ In Moslem’s Sahehih , Hozifa Ibn El yaman Said , “ people asked prophet Mohammed about The good and I asked him about evil because I was a fraid to do it “ Hozifa asked also “ what can I do if evil is around me ? Prophet Mohammed tell us in many times about what will happen and he also tell us How can act if it happen . Abi Hanifa presumed many matters that have not happened and he exaggerated in that matters . Abi Hanifa also said that the job of jurisprudent is to faciliate jurisprudence for people and the matters that have not happened in his age will happen in the future . He also was interpid in presuming matters that have not happened and he exaggerated in creating these matters . He also gave his legal desicion about that matters . So theotrical presuming jurisprudence widened until it reaches its peak and it included all matters that really happened and these matters that have not happened yet . So when Rakaba Ibn Moskala is aked about Abi Hanifa , he answered , “ Abi Hanifa is clever in giving legal decision a bout matters that have not happened and he is completely ignorant in matters that really happened . “ ( 1 ) The students of Abi Hanifa followed their master . They exaggerated in presuming matters and giving thes matters their legal decisions . They are satisfied in matters that realy happened but they enjoyed their abilities in giving legal decision , asyllogism and deduction . They enjoyed presuming matters and gave their legal opinion in them . Even they presume impossible matters that will not happen . For exampel : - They asked what is the legal decision if some one said to his wife , I divorced you a half divorce or aquarter divorce ? “ They acted like they were in an intellectual challenge as they were solving questions of mathematics , Algebra or Enginneering . They were very clever in that . They showed a strong ability in syllogizing matters with their resemblances , knowing the reasons of happening and the differences and resemblances between matters , They also exaggerated in presuming matters connected to Slaves , divorce and vows . So the School of Abi Hanifa is known as the School of “ What will happen if ? “ Which means that they are presuming matters by Saying , “ What will happen if that matters happen ? “ ( 1 ) Gamea By an El elm wafdleh ( 2 / 145 ) Once Malek is asked by one of his students about the legal decision about a matter and he answered then his student asked , “ What will happen if . . . ? “ So Malek became angry and said to him are you one of the students of “ What will happen if . . . ? Are you coming from Iraq ? ( 1) But Ahl El Hadeeth refused to presume matters that have not happen yet . They said presuming matters looks like speaking about complicated religious matters and doing that is un approvable . They also considered those who doing that are leaving precepts , ignoring the reality of giving legal decisions and exaggerating in complicated religious matters . All these are prohibited in the holy Koran Allah said : “ Kull Ma Asallokom Alyhe Men Ager a ma Ana Men El Motakalefin “ [ saad : 86 ] قل ما أسئلكم عليه من أجر وما أنا من المتكلفين [ ص 68 ] They also said that prophet Mohammed prohibted asking about complicated religious matters . Abu daawood Said that prophet Mohammed said , “ Do not speak about bad matters that have not happen yet and if it happened Allah will send someone who can understand there and give them their right legal decision “ They also said that Ibn omar said that , “ Do not ask about matters that have not happened yet , I heard Omar insulting people who asked him about that matters . “ ( 2 ) ( 1 ) El Sona wa Makanateha fi El tashreea : Dr . Mustafa El sebay . [ P . 403 ] ( 2 ) Gamea Byan Elelm wa fdleh ( 2 / 139 ) They also said that Imam Ahmed was saying if he is asked about that complicated religious matters , “ Leave that matters .” ( 1 ) On that way , the jurisprudent of Ahl El Hadeeth warned us from the school of presuming jurisprudence and they called them some names like “ The group of what will happen if ? “ They also prohibited their students from sitting with the22m or following their method . Abu Wael said , “ Do not sit with people of “ What will happen if ? “ El Shaby said : - “ The worst words to me are what will happen if ? “ ( 2 ) he also said that “ precedent people were ruined because they were asking about matters that have not happen yet . “ But there are a lot of factors closed between Ahl El raia and Ahl El hadeeth like discussions and debates which based on presuming some matters and giving legal decisions by the two teams . The second factor is travelling with each other asking for science . Also some of them took from the others . For example El shafey took from Mohammed Ibn El hasan , Mohammed Ibn El hasan took from Malek and Ahmed Ibn Hanbal took from Mohammed Ibn El Hasan . Asaad Ibn El Forat also met the friends of Ibn Hanifa who were Aba yosseef and Mohammed and he heard from them the jurisprudence on the Iraqui way So . . . he mixed the two ways of jurisprudence in his book “ El Modawana “ In Madina , Mohammed Ibn El hassan also mixed the jurisprudence of his Iraqi school with the jurisprudence of Hegaz . From that the shafeyan and the Malekian began in presuming and all the jurisprudents began to search for meanings . ( 1 ) Gamea Elolom wa El Hekam : Ibn Ragab ( P . 88 ) ( 2 ) Gamea Byan Elelm ( 2 / 146 , 147 ) The exaggerated in matters that happened and matters that have not happened . They made debates in the difficult religious matters . All the books of jurisprudence wided in studying the presumings of El hanafya . From we mention before , we say that there is a need of studying the legality of the presuming jurisprudence , its history and the different ideas of the two schools of El raia and El hadeeth in it in : its method , its reasons , His object and its goals . There is a need to know the reality of presuming jurisprudence in present and what will be in the future . The aims of the research The aims of the research are : - 1 – Determining the concept of presuming jurisprudence and studying its legality , beginning and its development . 2 – Studying the presuming jurisprudence in the school of Ahl El raia and the school of Ahl El hadeeth in their methods , priniciples , reasons and aims and compariny the two schools and determining their differences in the presuming jurisprudence . 3 – Showing the important presuming matters that both of Ahal El raia and Ahl El hadeeth give their legal decision in them and discussing the evidences that both of them reyling on when creating the legal decision . 4 – Showing the efforts of Imam Abi Hanifa as a pionner of the presuming jurisprudence and presuming religious matters . Discussing the factors which urged him to create this jurisprudence . knowing Abi Hanifa’s method in presuming matters and creating their legal decisions . 5 – Determining the types of presuming jurisprudence : -The matters which jurisprudents presumed and it happened in the past or recently. The matters which they presumed and it have not happened yet . The matters that happened in a different way not as they presumed . The matters that they thought they are impossible to happen then it happened in the past or recently . 6 – an attempt for creating new applications for the presuming jurisprudence in our new age , knowing the principles of doing that , knowing the aims of that and knowing . the method of that . Importance of research The research displays the most important period in giving legal decisions . The priod of the beginning of the two schools of Ahal El raia and Ahl El hadeeth , the development of their work in jurisprudence , the different methods they used and the different results they reached . The research also presents the pioneer of presuming jurisprudence , his methods , his principles and his reasons for presuming these matters . The research then follows the developing of presuming jurisprudence in the Iraqi Raia school and its students efforts in presuming many religious matters until they reached the legal decisions to many matters which really happened and which they presumed to happen . The research follows the beginning of presuming jurisprudence and its developments . The research also display how the school of Ahl El Hadeeth changed from resisting , hating and prohibiting the presuming jurisprudence to using it and compteting with Ahl El raia in it . The research displays the factors of this changing such as the direct contact between the jurisprudents of the two school in discussions and debates . Also sharing eachather in writing the ordinance . The third factor is the appearance of Imams who mixed the advantages of the two schools of Ahle El raia and El Hadeeth like Imam shafay , Mohammed Ibn El Hasan El shaibany , Asaad Ibn El forat and others . The reasearch reveals the objects of the presuming jurisprudence and the discussions of their evidences according to Ahl El raia and Ahal El hadeeth . The research displays the benefits of those objects in the recent jurisprudence and paving the way for a new presuming jurisprudence . This new presuming jurisprudence will has the principles which the recent jurisprudents put and new methods which helps the jurisprudentic work . The new jurisprudence will help us to have a perfect and flexible legislation which can be suitable to every age and every place and a good guide in the future . The plan of the research The research consists of the preface , elementary , eight chapters and the conclusion . The preface : - It includes a list of the objects of the research , Its importance , the aims of the study , its limits , the method , the difficulties and the studies connected with the object of the research . The elementary : - The roles of Islamic jurisprudence and the emergence of the two schools of El Hadeeth and El raia . The first chapter : - The history of presuming jurisprudence . This chapter includes the emergence of presuming jurisprudence and its development in the hands of Ahl El raia and Ahl El Hadeeth . The second chapter : - The legality of presuming jurisprudence . This chapter includes the concept of presuming jurisprudence and the evidences of its legality from the holy koran and the ordinance . The third chapter : - The presuming jurisprudence according to Ahl El raia : - The method , the reasons , the principles and the aims . The fourth chapter : - Includes some matters of the presuming jurisprudence according to Ahl El raia such as : - cleanness , praying , immolating , fasting , hajj , fighting for God’s sake , marriage and others . The fifth chapter : - the presuming jurisprudence according to Ahl El Hadeeth : - Its method , Its reasons , Its principles and Its aims . The sith chapter : - Includes some matters of the presuming jurisprudence according to Ahl El Hadeeth such as : - In cleanness , praying , immolating , fasting , hajj , fighting for God’s sake and marriage . The seventh chapter : - Includes the types of presuming jurisprudence. This chapter studies the matters of presuming jurisprudence which happened in the past or recently , matters that did not happen and they are impossible to happen , the matters that happened in another way different from they that jurisprudents presumed and they needs anew jurisprudence , the matters that happened in the past or recently and the jurisprudents thought that they are impossible , and the matters that jurisprudents did not presume and it happened after them . The eight chapter : - Includes new applications for presuming jurisprudence in our recent days . This chapter presents a new plan for reviving the presuming jurisprudence founded in new principles and has a new method which new jurisprudence can be benefited from it . This new presuming jurisprudence will deal with new applications in different presuming matters , their importance and their reasons . Conclusion : - Includes the results of the study and some suggestions.
Posted on: Thu, 06 Feb 2014 20:37:01 +0000
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