(以穆格尼耶的《五派法理学》为范本,以个人身份的法理学问题为例

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引用次数: 0

摘要

奉真主之名,至仁至慈的赞颂归于真主,愿真主的使者、他的家人、同伴和朋友们,都得到祈祷与平安。至于接下来的内容,伊斯兰教法是永恒的法律,真主将人生前和死后的幸福与之联系在一起,他对仆人的仁慈是,他在伊斯兰教法的原则中制定了普遍的规则,通过这些规则,圣战者很容易了解生活中所有新事物的规定,特别是伊斯兰教在任何时间和地点都是有效的。众世界之主的美德之一是,穆斯林并非无法在他们的伊斯兰教法中为每一个特定的部分或事件找到新的规则,这些规则可以从全能的真主的书中理解,或者从圣训(他的使者,愿真主的祈祷与和平降临于他和他的家人)中理解,或者通过冥想从伊斯兰教法的精神中推断出来。它包括对已经出现或将在近期或遥远的将来出现的每一个案件的裁决,专门研究法律裁决的起源及其普遍规则的法理学学者将达到。伊斯兰教并没有挡住伊吉提哈德的大门;因为伊吉提哈德意味着理性的释放,而宗教与理性是不可分割的,因为它是从起源中演绎分支的手段,是提取符合伊斯兰教法和现实逻辑的裁决的手段。所选问题的差异可以通过采用Sheikh Muhammad Jawad Mughniyeh的书(Fiqh on The Five Schools)来呈现。每个教派对这些问题的看法是什么?他在对学派间的争议问题作出法理裁决时,是最温和、最理性的学派之一。关键词:伊斯兰教法-法学-契约-婚姻-离婚-五戒
本文章由计算机程序翻译,如有差异,请以英文原文为准。
(Samples of Jurisprudence Issues in Personal Status in the Book of Jurisprudence on the Five Schools of Thought by Sheikh Mughniyeh as a model
In the name of Allah the Merciful Praise be to God for all his blessings, and prayers and peace be upon the Seal of His Prophets, and upon his family, companions and friends. As for what follows, Islamic Sharia is an eternal law with which God has linked the happiness of man in his life and after his death, and from his mercy to his servants is that he made in the principles of Sharia universal rules by which it is easy for the mujtahids to know the provisions of everything that is new in life, especially that the Islamic religion is valid for every time and place. Among the virtues of the Lord of the worlds is that the Muslims were not unable to find in their Sharia for every particular part or event a new ruling that could be understood from the Book of God Almighty, or from the Sunnah (His Messenger, may God’s prayers and peace be upon him and his family), or deduced by means of meditation from the spirit of the Sharia. It includes a ruling for each case that has appeared, or will appear in the near or distant future, which scholars from the people of jurisprudence who specialize in studying the origins of legal rulings and their universal rules will reach. Islam did not block the door of ijtihad; Because ijtihad means the release of reason, and religion is inseparable from reason, as it is the means in deducing branches from origins, and in extracting rulings that agree with the logic of Sharia and reality. The differences in the selected issues can be presented through the adoption of the book (Fiqh on the Five Schools) of Sheikh Muhammad Jawad Mughniyeh. What is the opinion of each sect on these issues? He is one of the most moderate and rational schools of thought in his ijtihad in issuing jurisprudential rulings on controversial issues between schools. key words: Islamic Law- jurisprudence- Contract- marriage- divorce- The five madhhabs
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