The call for the renewal of jurisprudence and its issues, one of the most important issues that scholars have been interested in ancient and modern, whether in its deductive or downloadable dimension, which made jurisprudence respond to all issues and calamities through the centuries and successive periods with time, and this interest in jurisprudence and its issues continues to this day people, and since jurisprudence includes all aspects of religious, social and economic life, it was necessary for jurists and scholars to take into account the changes, and understand the circumstances and circumstances, in an effort to download the legal ruling according to the will of God Almighty. On this basis, the article shed light on the concepts related to the renewal of jurisprudence and its issues on the one hand, and determine the nature of the relationship between jurisprudence and revelation on the other hand, with a statement of the foundations of jurisprudential deduction and how to deal with the texts of revelation, as well as highlighting the importance of jurisprudential renewal, in addition to mentioning models of contemporary jurisprudential calamities, in order to find appropriate solutions to them, because some jurisprudential calamities "such as organ transplantation" were not known by jurisprudence before, and this is what was confirmed by the scholar Muhammad Al-Taweel, may God have mercy on him, where he said: "This situation is a novelty that Islamic jurisprudence has not known, and there are no texts and calamities in its heritage with these specifications that indicate that it is permissible or expressly prohibited." Therefore, the absence of the correct explicit text in emerging issues in Islamic jurisprudence opens the door for scholars to ijtihad and find appropriate solutions to contemporary jurisprudential calamities, and this does not necessarily mean that scholars agree on these issues, as they may agree or disagree, based on their ijtihad and rooting of these calamities.

Keywords:

Jurisprudence, Revelation, Renewal, Organ Transplantation, Genetic Fingerprint

References :


[1] The Holy Quran.
[2] The End in the Strange Hadith and the Impact - by Majd Al-Din Abu Al-Saadat Al-Mubarak bin Muhammad bin Muhammad bin Muhammad bin Abdul Karim Al-Shaibani Al-Jazari Ibn Al-Atheer (d. 606 AH) Published: Scientific Library - Beirut, 1399 AH - 1979 AD.
[3] Judgment in the origins of judgments, by Abu al-Hasan Sayyid al-Din Ali bin Abi Ali bin Muhammad bin Salem al-Thalabi al-Amidi (d. 631 AH), edited by: Abd al-Razzaq Afifi, published: The Islamic Office, Beirut.
[4] The mother, Al-Shafi'i Abu Abdullah Muhammad bin Idris bin Al-Abbas bin Othman bin Shafi' bin Abdul Muttalib bin Abd Manaf Al-Muttalib Al-Qurashi Al-Makki (d. 204 AH), published: Dar Al-Marefa - Beirut, year of publication: (1410 AH / 1990 AD).
[5] Introduction to the meanings and chains of transmission in Al-Muwatta, by Abu Omar Yusuf bin Abdullah bin Muhammad bin Abdul Barr bin Asim Al-Nimri Al-Qurtubi (d. 463 AH), investigated by: Mustafa bin Ahmed Al-Alawi and Muhammad Abdul Kabir Al-Bakri. Published: Ministry of Awqaf and Islamic Affairs – Morocco, year of publication (1387 AH).
[6] Sublime Thought in the History of Islamic Jurisprudence, by Muhammad bin Al-Hassan bin Al-Arabi bin Muhammad Al-Hajwi Al-Thaalbi Al-Jaafari Al-Fassi (d. 1376 AH), published: Dar Al-Kutub Al-Ilmiyya - Beirut - first edition - 1416 AH - 1995 AD.
[7] Al-Muntaqa Sharh Al-Muwatta, Abu Al-Walid Suleiman bin Khalaf bin Saad bin Ayoub bin Warith Al-Tajibi Al-Qurtubi Al-Baji Al-Andalusi (d. 474 AH), published: Al-Saada Press - next to the Governorate of Egypt, first edition (1332 AH).
[8] Vocabulary in the Strange Qur'an, by Abu al-Qasim al-Hussein bin Muhammad known as al-Ragheb al-Isfahani (d. 502 AH), investigated by: Safwan Adnan al-Daoudi, published: Dar al-Qalam, Dar al-Shamiya – Damascus, first edition - 1412 AH.
[9] The Crop in the Principles of Jurisprudence, Judge Muhammad bin Abdullah Abu Bakr bin Al-Arabi Al-Ma'afari Al-Ishbili Al-Maliki (d. 543 AH), investigated by: Hussein Ali Al-Yadry, published: Dar Al-Bayariq - Amman. First edition, 1420 AH - 1999 AD.
[10] Approvals, Ibrahim bin Musa bin Muhammad Al-Lakhmi Al-Gharnati, known as Al-Shatibi (d. 790 AH), investigated by: Abu Ubaidah Mashhour bin Hassan Al Salman, published: Dar Ibn Affan.
[11] Edition: First Edition 1417 AH / 1997 AD
[12] The Supreme Purposes of Islamic Law, by Dr. Saeed Halim. First edition 2010.
[13] Companies and their rulings in Islamic jurisprudence, by Dr. Muhammad Taweel, the famous Moroccan scholar (d. 16 Jumada II 1436 AH, corresponding to April 6, 2015 AD), first edition 2009.
[14] Lisan al-Arab, by Muhammad bin Makram bin Ali, Abu al-Fadl, Jamal al-Din Ibn Manzur al-Ansari (d. 711 AH), published: Dar Sader - Beirut, third edition - 1414 AH.
[15] Mukhtar Al-Sahih, by Muhammad bin Abi Bakr Al-Razi, (d. 666 AH) achieved by: Mahmoud Khater. Published: Librairie du Liban Publishers - Beirut (1420 AH / 1999 AD).
[16] The purposes and honors of Islamic law, by Allal Al-Fassi Al-Maghribi, (d. 1974 AD), fifth edition 1993 AD.
[17] Investigations in the Sciences of the Qur'an, by Manna bin Khalil Al-Qattan (d. 1420 AH), published: Al-Maaref Library for Publishing and Distribution. Edition: Third Edition 1421 AH - 2000 AD.
[18] The position of Sharia on the adoption of medical expertise and genetic fingerprinting in proving and denying parentage. Mohamed Taweel, photographers of the Association of Scholars at Al-Qarawiyyin Mosque in Fez.
[19] Explanation of the revision of the chapters - by Abu Al-Abbas Shihab Al-Din Ahmed bin Idris bin Abdul Rahman Al-Maliki - known as Al-Qarafi (d. 684 AH) - investigated by: Taha Abdul Raouf Saad. Published: United Technical Printing Company. First edition, 1393 AH - 1973 AD.
[20] Umdat al-Qari Sharh Sahih al-Bukhari, by Abu Muhammad Mahmoud bin Ahmed bin Musa bin Ahmed bin Hussein al-Ghaitabi al-Hanafi Badr al-Din al-Aini (d. 855 AH), published: House of Revival of Arab Heritage - Beirut.
[21] Renewing Islamic Thought between Hopes and Caveats - by Dr. Al-Hassan Alami. Publications: Al-Gharb Islamic Institute, Second Edition (1424 AH / 2003 AD).
[22] Fayd al-Qadeer Sharh al-Jami' al-Sagheer, Zain al-Din Muhammad called Abd al-Raouf ibn Taj al-Arefin ibn Ali ibn Zain al-Abidin al-Haddadi and then al-Manawi al-Qahiri (d. 1031 AH), published: The Great Commercial Library – Egypt, first edition, (1356).
[23] Awn al-Mabood Sharh Sunan Abi Dawood, by Muhammad Ashraf bin Amir bin Ali bin Haidar, Abu Abd al-Rahman, Sharaf al-Haq, al-Siddiqi, al-Azim Abadi (d. 1329 AH), published: Dar al-Kutub al-Ilmiyya – Beirut, second edition, 1415 AH.
[24] Sunan Abi Dawood - by Abu Dawood Suleiman bin Al-Ash'ath bin Ishaq bin Bashir bin Shaddad bin Amr Al-Azdi Al-Sijistani (d. 275 AH) - investigated by: Muhammad Muhyi Al-Din Abdul Hamid
[25] Published: Al-Asriya Library, Saida – Beirut.
[26] The End of the Needy to Explain the Curriculum, by Shams al-Din Muhammad bin Abi al-Abbas Ahmad bin Hamza Shihab al-Din al-Ramli (d. 1004 AH), published: Dar al-Fikr, Beirut, edition: 1404 AH / 1984 AD.
[27] Organ transplantation through the legal perspective. Muhammad Al-Taweel.
[28] Informing the signatories on the authority of the Lord of the Worlds, by Muhammad bin Abi Bakr bin Ayyub bin Saad Shams al-Din Ibn Qayyim al-Jawziyyah (d. 751 AH), edited by: Muhammad Abd al-Salam Ibrahim, published: Dar al-Kutub al-Ilmiyya – Beirut, first edition, 1411 AH - 1991 AD.
[29] Guiding stallions to achieve the truth from the science of assets, by Muhammad bin Ali bin Muhammad bin Abdullah Al-Shawkani Al-Yemeni (d. 1250 AH), investigated by: Sheikh Ahmed Ezzo Enaya, published: Dar Al-Kitab Al-Arabi, edition: first edition 1419 AH - 1999 AD.

Citation

Kacem Haddi, Salam Ebrish (2024),Fiqh, Revelation, and the Quest for Renewal: Perspectives on Conceptualization, Foundations, and Objectives.. IUSRJ International Uni-Scientific Research Journal (5)(10),70-77. https://doi.org/10.59271/s45340.024.1824.10

Call for Paper

iusrj : Fiqh, Revelation, and the Quest for Renewal: Perspectives on Conceptualization, Foundations, and Objectives.| IUSRJ

We are going to launch a new Volume, 15th of next Month of peer-reviewed OpenAcess journal publishing original research articles. IUSRJs' publish innovative papers, reviews, mini-reviews, rapid communications and scheduled to monthly. For this purpose, we would like to ask you to contribute your excellent papers in IUSRJs'. Your comments will help us improve the quality and content of the journals. The journals accepts Review Articles, Original Articles and Short Communications. Brief Report, Books Review, Thesis Important Info.: Last Date of article submission: 15th of Every month Acceptance Notification: within 4-5 weeks publication online: within 72 hours after submit all necessary document for publication Submit your valuable work: Submit Now Submit your article through : [email protected]

Contact Us

[email protected]