{"title":"伊斯兰法学家统治“Naqal Istidlāl by Ithbāt”的分析与应用研究","authors":"Saeed bin Ahmad Salih Faraj","doi":"10.36476/jirs.6:2.12.2021.13","DOIUrl":null,"url":null,"abstract":"This research aims to prove the Islamic Jurists rule “Naqḍ al Istidlāl bi Ithbāt ‘annahu U'wwalu i’la al Maḥāl”. The main research problem lies in the “Maḥāl”, its limits, types, and ways of proving it. The researcher adopted the comparative-analytical inductive approach. After collection of the research material from the basic sources, explanation of Maḥāl, and analysis of the material was done by classifying it into rational and legal, and then the theoretical side on both applications was dropped to know the claim of the maḥāl for invoking analogy, and its fixations in Sharī’ah. The research concludes that this rule is used by scholars, and no one violated it. The legal impossible has ways by which it is known, i.e; every rational impossible is a legal impossibility, everything that contradicts the absolutes of the law is from the legal impossibility, and anything that contradicts a legal ruling that has been proven to be perpetuated is legally impossible. Moreover, all claims of impossibility of invoking analogy in Islamic law are neither proven nor valid, as well as all claims of impossibility of substitution in Sharī’ah.","PeriodicalId":56212,"journal":{"name":"Journal of Islamic and Religious Studies","volume":" ","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2021-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"An Analytical & Applied Study of Islamic Jurists Rule “Naqḍ al Istidlāl bi Ithbāt ‘annahu U'wwalu i’la al Maḥāl”\",\"authors\":\"Saeed bin Ahmad Salih Faraj\",\"doi\":\"10.36476/jirs.6:2.12.2021.13\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This research aims to prove the Islamic Jurists rule “Naqḍ al Istidlāl bi Ithbāt ‘annahu U'wwalu i’la al Maḥāl”. The main research problem lies in the “Maḥāl”, its limits, types, and ways of proving it. The researcher adopted the comparative-analytical inductive approach. After collection of the research material from the basic sources, explanation of Maḥāl, and analysis of the material was done by classifying it into rational and legal, and then the theoretical side on both applications was dropped to know the claim of the maḥāl for invoking analogy, and its fixations in Sharī’ah. The research concludes that this rule is used by scholars, and no one violated it. The legal impossible has ways by which it is known, i.e; every rational impossible is a legal impossibility, everything that contradicts the absolutes of the law is from the legal impossibility, and anything that contradicts a legal ruling that has been proven to be perpetuated is legally impossible. Moreover, all claims of impossibility of invoking analogy in Islamic law are neither proven nor valid, as well as all claims of impossibility of substitution in Sharī’ah.\",\"PeriodicalId\":56212,\"journal\":{\"name\":\"Journal of Islamic and Religious Studies\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2021-12-28\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Islamic and Religious Studies\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.36476/jirs.6:2.12.2021.13\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Islamic and Religious Studies","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.36476/jirs.6:2.12.2021.13","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
摘要
本研究旨在证明伊斯兰法学家对“Naq”的统治ḍ al-Istidlāl bi Ithbāt‘annahu U'walu i la al-Maḥāl”。主要研究问题在于“马”ḥ研究者采用了比较分析归纳法。从基本资料来源收集研究资料后,对马的解释ḥ对材料进行了分析,将其分为理性和合法两类,然后放弃了这两种应用的理论方面,以了解马的主张ḥāl,用于援引类比及其在Sharī'ah中的固定。研究表明,这一规则为学者所使用,没有人违反。法律上的不可能有其已知的方式,即:;每一个理性的不可能都是法律上的不可能,每一个与法律绝对性相矛盾的东西都来自法律上的不能,任何与已被证明是永久性的法律裁决相矛盾的事情都在法律上是不可能的。此外,伊斯兰法律中关于不可能援引类比的所有主张都没有得到证实,也没有有效性,Sharī'ah中关于不可替代的所有主张也是如此。
An Analytical & Applied Study of Islamic Jurists Rule “Naqḍ al Istidlāl bi Ithbāt ‘annahu U'wwalu i’la al Maḥāl”
This research aims to prove the Islamic Jurists rule “Naqḍ al Istidlāl bi Ithbāt ‘annahu U'wwalu i’la al Maḥāl”. The main research problem lies in the “Maḥāl”, its limits, types, and ways of proving it. The researcher adopted the comparative-analytical inductive approach. After collection of the research material from the basic sources, explanation of Maḥāl, and analysis of the material was done by classifying it into rational and legal, and then the theoretical side on both applications was dropped to know the claim of the maḥāl for invoking analogy, and its fixations in Sharī’ah. The research concludes that this rule is used by scholars, and no one violated it. The legal impossible has ways by which it is known, i.e; every rational impossible is a legal impossibility, everything that contradicts the absolutes of the law is from the legal impossibility, and anything that contradicts a legal ruling that has been proven to be perpetuated is legally impossible. Moreover, all claims of impossibility of invoking analogy in Islamic law are neither proven nor valid, as well as all claims of impossibility of substitution in Sharī’ah.