Dissertation

Student: Worood Ali Abdul Hussein Al-Barqaawi

Supervised by:Professor Dr. Muhammad Hussein Aboud Al-Taie

Major: Sharia and Islamic Sciences

Publish Date: 2023

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Abstract

After this fundamentalist tour with the sources of compulsion in the evidence, the research concluded with the following results:

1. Obligation is one of the important and broad topics, and it means that the element, the motive, and the motive for non-violation, and that one of the obligations of succession and succession is that a person can enable the tools of knowledge, and through these knowledge tools he knows the sources of obligation.
2. . What is meant by the source is the origin or basis of the thing that emanated from it, and that the issue of obligation arose first from the belief and from the evidence for the existence of God, Glory be to Him, and from the theory of knowledge that obliges to follow the source of obligation found in the evidence in its various divisions.
3. The ruling is the prevention of corruption, as it is a set of legislation and orders issued by God Almighty, so that a person’s life is organized if he follows and applies them, then adhering to the provisions of God Almighty will lead to not falling into corruption or being mistaken. Rather, commitment It ends up being favored by the causes of the worldly and here after happiness.
4. Compulsion includes both obligation and obligation. Compulsion is more general than both of them; Because if there is no obligation in the action of an order or a prohibition, obligation does not enter into it, and likewise the obligation,
   is no obligation in the action of an order or a prohibition, obligation does not enter into it, and likewise the obligation, then the obligation is all that which has an interest and a benefit that accrues to the one who is accountable. From obedience, it is necessary for him to emanate towards this obligation or the imposition that is imposed on him.
   5 . The importance and necessity of compulsion lies in the impact of not adopting compulsion, as with the absence of compulsion, the door of violations and non-compliance opens up, which in turn leads to problems and disruption in the cosmic system and in human life, which in turn poses a threat to societies in general.
5. The study showed the sources of obligation that consist of two directions, an external direction that includes religion and society, and an internal direction that includes conscience, instinct and reason, and these sources are the ones that oblige the individual to adhere to and not violate.
6. There are different stages of deduction, each stage depends on the next stage, hence the mujtahid is obligated to study these stages and abide by the evidence of each stage, so it is not correct to move to the evidence of the next stage when there is evidence of the stage that precedes it; Because non-compliance with that leads to a defect in deriving the legal ruling from the evidence, which is related to the defect in the stages of deduction.
7. Showing the extent of the importance and rule of reason over other evidence, whether it is the Qur’an or the Sunnah. Reason is the one that gives authenticity and obligation to the evidence, and it is also the one that reveals the innate relationships between the evidence.
8. God Almighty created the servants for worship and its importance, and for God Almighty to know the nature of His servants. He legislated legislation for them and explained to them the provisions and all that they need and took into account in it all aspects that are in the interest of His servants due to His kindness to them, so the provisions were distinguished by their ease and their consideration of all aspects of strength and weakness in man. He gave priority to their interest over everything, and based judgments on interests and harms, so he commanded them to do what was in their interest and forbade them from what was in their harm.
9. It is from the kindness of God Almighty to make the rulings diverse and their evidence varied so that the mujtahid is not restricted in deriving the Shari’a ruling with specific evidences, because it may not lead to revealing the Shari’a ruling. So does the mujtahid remain without a result? And the taxpayer remains ignorant of his legal position? So the kindness of God to His servants prevents this thing from happening, and it does not happen, so the rulings varied into realistic rulings and secondary rulings, as well as the evidence, which is diverse. Because the places of doubt and ignorance are many, especially in these eras, according to the evolution of human nature, which requires a statement of the ruling and the legal evidence for this ruling.
10. Compulsion has an important impact on the science of principles and it had a clear impact on some fundamental issues, including the arrangement between evidence, interaction and balance between them, and the extent to which obligation relates to the innate relationship between evidence in which the mind has the main role in presenting and weighing among them.
11. Commands and prohibitions in Islamic law have a fundamental role in the process of obligation and in the various legal evidences. Divine commands and prohibitions can only lead to the necessity of a certain action or its non-necessity within the framework of a rational judgment that proves in general the necessity of compliance, and we can also acknowledge that this last issue With total obligation, it is what produces obligations, and this obligation is compliance with divine commands and prohibitions. Yes, obligation requires compliance with divine commands even if the issue is practical and normative, but it cannot produce any special obligation. It is that which constitutes the subject, and from it emerges the obligation associated with actions, and it can be said more specifically about the Islamic rule and organizing the affairs of society according to the divine commands and prohibitions: that there is no special obligation in organizing the affairs of society by the real issue in the obligation to act according to the divine commands and prohibitions in the absence of Any commands of this kind, and obligation is achieved with the existence of these orders, even if we attach to them this mental and practical obligation, and that the process of obligation emanates from religious knowledge.