The verses of rulings between normativity and creativity (Fundamental Study)

Master Thesis

Student: Faten Mudheher Hadi

Supervised by:Prof. Dr.Dargham Karim Al-Moussawi

Major: Sharia and Islamic Sciences

Publish Date: 2023

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Abstract

The idea of research arose through reading some books on the subject of ruling verses in Holy Quran, and I found that there is a disagreement regarding their number, and this disagreement goes deep into history. Also, the disagreement was not limited to the ruling verses, but rather extended to which verses are the subject of deduction in the legal ruling, and that is because we know that the speech of the Qur’an , as the holy Qur’an contains various verses, including verses that talk about beliefs and verses that talk about stories, proverbs, and morals. After research, it became clear that the verses on rulings and jurisprudential topics in the Holy Qur’an are not only what are included in the interpretations of verses on rulings and jurisprudential books. There are quite a few verses that are considered jurisprudential rules and fundamental rules.

Therefore, the verses on rulings are not limited, as mentioned in many places in jurisprudential and exegetic works, to only five hundred verses. Rather, what is stated in the Mighty Book of God is much more, even at a time when studies and research dealing with the legislative dimension are widespread, and they number in the dozens, in addition to research with a jurisprudential dimension, which It was included in the interpretation books, so it became necessary for researchers in Quranic jurisprudence and verses of rulings to return to the Holy Qur’an to delve into its depths again in order to extract from its verses what they could not find of the treasures of its rulings, and this is what the research went to.

In this study, the researcher tried to know the general phenomena associated with the verses of rulings, such as the common numbers among scholars and jurists, and followed their statements. Among them were the normative scholars who relied on certain controls to understand the verses of rulings, and stopped at a specific number and deduced legal rulings from it, and among them were those who went to creativity in their jurisprudential deductions and did not stops at a certain number; This is because the texts are finite and the facts are infinite, so the essence of creativity in this study is to benefit from the rulings deduced from the verses of Qur’anic stories and verses of proverbs, in addition to the verses of morals and to benefit from all the verses of the Wise holy Qur’an.