المطلق والمقيد وأثرها في اختلاف الفقهاء : دراسة أصولية تطبيقية علي كتاب الزخيرة للقرافي ابواب العبادات نموذجاً

Abstract

Effect the restricted (statement) and unrestricted on jurists’ differences (a case study on chapters of rituals from dhakhiira book of al-qaraafi) The Qur’anic and hadith rulings come in different statements, of which some are restricted while others are not, but serve particular understandings and portray certain rulings. Therefore, it’s imperative that this research explains draw a clear line to differentiate various types of Qur’anic and hadith texts depending on the degree of restrictiveness that applies to any given text, bounded by the general boarder limitation of the research, so as to establish when the restricted text overshadows its opposite and the vice versa, in the light of the different opinions of scholars of the field of usul fiqh. After along perusal through libraries, the researcher hasn’t found previous studies directly related to this, meanwhile a study by dr. Muhammad bin hamdy al saaidi, entitled “the restricted(text) and the unrestricted and their effect on jurist’s opinions” is relevant to some extent .it comprises of four chapters as follows. The first chapter covers the theoretical part of the study, the second one discusses cases where the restriction affects the ruling given by a text. The third is about instances of text restrictions, and the last و chapter encompasses how such restrictions cause dissenting views wit in the jurists. That previous study is different in that it’s not based on any book, unlike this as indicated in its title. As for the chapterization, the researcher captures a detailed al qarafis biography, the author of the book under study. The concept of text restriction is discussed in chapter two, including the instances where the restricted text annuls the unrestricted one, and the conditions set by the scholars for such instances to occur. The last chapter is application of the aforementioned theoretical rules on chapters of prayer, hajj, cleanliness, zakat and fasting from al qarafis book, al dhakhiira. The research ends in results and recommendations, index of Quranic verses and prophetic traditions and a list of references.