Master Thesis

Student:  Raed Jasim Mohammed Abd Al-Haidary

Supervised by: Asst. Pro.Dr . Amar Muhammad Hussein Al-Ansari

Major: Sharia and Islamic Sciences

Publish Date: 2021

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Abstract

the researcher came up with the following conclusion :-
1. Among the reasons for the fundamentalist diversity are necessity –
which is the womb that delivered the various fundamentalist
doctrines –curiosity, and the search for all that is involved in the
process of jurisprudential deduction in to come to the closest
judgment to reality .
2. It has been evident through research that one of the causes of
diversity is the longitudinal difference between the scholars of the
three eras, and it has become clear that the hidden reason behind all
this is the old came to non-opposability of suspicions and
presumptive evidence as conclusion, unlike the later ones and those
who followed them to the day, and this is the secret of the great
longitudinal diversity in fundamentalist issues.
3. One of the reasons for the transversal diversity of fundamentalist
doctrines is the conflict of the scholars of the same era regarding the
authenticity of fundamentalism and the dispute over the legitimacy of
the assets and the rules of deduction which is experiencing the
problem of the lack of a complete document on its legitimacy or the
lack of clarity of indication.
4. It is no secret that the controversy and the divergence of the bases of
deduction between the different fundamentalist schools is one of the
reasons for the diversity of the fundamentalist doctrines.
5. The multiplicity and diversity of the topics of the field of
fundamentals of Islamic Jurisprudence, especially the internal shares
of its research, make us feel the breadth and depth of this field’s
research on the one hand and its productive capacity on the other
hand. Moreover this diversity contributes to enriching the
fundamentalist thought with the extension of its scientific and
practical course.
6. The diversity enriched the field of fundamentals of Islamic
Jurisprudence, after it was poor during its formation and its
upbringing, but a rich legacy of various sciences was the reason for
its development, richness, and its move to an intellectual stage
characterized by creativity and comprehensive diversity in its various
intellectual sections and doctrines.
7. This diversity leads to integration, which highlights the unity of the
field and its maturity in a way that will benefit the researcher to
understand its materials adequately and allow him to delve deeper
and explore its depths to come up with results that serve the
deduction process, and affect the maturity and integrity of the
researcher’s personality, and facilitate the process of linking the
different investigations to reach the best required and envisaged
results .
It is worth saying that this diversity of doctrines and matters
contributes in one way or another to expanding the mental
perceptions of the jurist, which gives him a more comprehensive and
complete understanding.
Moreover it gives him adequate hegemony to understand the sections
of the field in order to infer the juridical rulings in a more accurate
and deeper manner.
8. The concept of ijtihad among the ancient Shiites scholars indicates a
false path in devising the juridical rulings, as it is a speculation that is
not useful theoretically nor practically. However, except Qiyas which
is rejected by the majority of Shiite scholars from both eras, the path
of Muhaqqiq al-Hilli and many subsequent scholars indicating a
correct way in making judgments; Therefore, we see the opposability
of many assumptions, which were non-opposable for the ancient
scholars.
The concept of ijtihad contains hidden reasons for the diversity of the
fundamentalist doctrines, and so does the folded meaning in the
concept of deduction.
9. The Sunnis differed in the rules of the field of fundamentals of
Islamic Jurisprudence, but they unanimously agreed that the subject
of the field is the three evidences: the Qur’an, the Sunnah and the
consensus. However, they differed in Qiyas. Many of them said it is
one of the evidences while others it is not. Moreover, they differed in
Istihsan (discretion) and Maslaha (public interest) … etc.
10. The hidden reason that Qiyas, Istihsan, Maslaha and others
came to be evidence for the deduction of rulings is necessity, and not
the considered and complete juridical evidence. For the Sunnis,
Qiyas (analogical reasoning) is like a dead person. It is permissible
for the compelled only and not for someone else. This is their only
clue.
11. The longitudinal disagreement occurred between the ancients
and the later ones, in some sections of the Qiyas (analogical
reasoning) that some have argued for its legitimacy. They accepted
the kind of Qiyas whose cause is stated either by text or gesture,
depending on the assets .
12. Qiyas according to the Sunnis Jurists is divided into three
categories. They unanimously agreed upon two, which are the
fortiori qiyas and the qiyas with explicitly mentioned cause, but they
differed in the validity of qiyas with inferred cause, as we previously
stated.
13. The entire research is attributed to one reason only, which is
that the Qiyas is valid if it was definitive and decisive and it is
forbidden if it was totally speculative. Scholars are unanimously
agreed on its invalidity and the prohibition of deduction with it.
this…and our last prayer: Praise be to God, Lord of the worlds and ammad and this pure peace and blessings be upon our master Muh
.family
:Sources and references
.The Holy Quran , the best to begin with
.First: dictionaries , glossaries and encyclopedias
.Second: Sources and books
.Third: letters and dissertations
Fourth: newspapers and magazines
.et Fifth, Intern