صيغ التكليف عند الأصوليين: دراسة تطبيقية على آيات الأحكام في سورتي البقرة والإسراء

Abstract

This study has touched on the subject of formulas of burdening or discourse of order and prohibition according to fundamentalist scholars and it is applied in conformity with Surat (chapter ) Al Baqara and Israa whereby its importance lies in all the burdening and assignment formulas stated in the said two Suras (chapters) along with clarifying their evidences according to scholars in this research and identifying he who is burdened from others via the conditions of burdening and its prohibitions. The study aimed at linking the fundamental rules with Sharia provisions as well as figuring out the formulas of burdening in the said two chapters and enlisting them. The researcher adopted in this research the inductive approach and sought assistance of the analytic and applied approach whereby through this approach the study outlined that the burdening is a discourse containing order or prohibition and it has conditions some of which are attributed to the burdening itself and some of it is attributed to the action assigned while the imperative tense and the present simple tense with the sense of order and the infinitive with the meaning of imperative verb , the nominal imperative verb , the phrase of imposed and prescribed , the present simple tense with sense of prohibition and certain , the phrase statement sentence with meaningful structure is one of the burdening or order formulas that seeks demanding the action to be done . The present simple tense associated with prohibition sense and the phrase of unlawful and hated and derivatives, threatening arrangement , dispraise or propitiation , restricting the action, denying satisfaction or love of the doer are one of the burdening that demand abandoning or abstaining from doing the action. The study outlined that the said formulas are stated in Sura of Al Baqara and Al Israa and it also touched on clarifying that most of the formulas stated in them are based on their original requirement , however there are some formulas that exited the subject of burdening . The study concluded with some findings top of which are the formulas of burdening in the two chapters of Al Baqara and Al Israa are many and miscellaneous whereby the formula of imperative verb was states in Al Baqara chapter in more than eighty verses and in Al Israa in more that forty locations as well as the present simple tense which is associated with imperative sense letter was stated in Al Baqara chapter more than ten times but it was not stated in Al Israa chapter and the infinitive with the sense of imperative was used in Al Baqra chapter denoting the burdening more than ten times and in Al Isra chapter it was used once and that the most expressed formulas of abandoning is the present simple tense which is associated with prohibiting sense and it was stated in Al Baqara chapter in thirty six places while it was stated in Al Israa thirteen times . The study came up with several recommendations top of which is caring about the burdening formulas and training on how to base provisions on them as well as focusing on the application of the fundamental rules based on Shria provisions along with basing them the jurisprudence branches via the master and PHD messages and closing the door before those who cite as evidence the burdening formula for other than their purposes or citing as evidence formulas which were out of their denotation of instruction or prohibiting and burdening.