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Comparative jurisprudence and it's Role in scientific and moral construction
الفقه المقارن ودوره في البناء العلمي والأخلاقي

Author: phd. Khalid Shakir Mahmoud د. خالد شاكر محمود
Journal: Research and Islamic Studies Journal مجلة البحوث والدراسات الاسلامية ISSN: 20712847 Year: 2014 Issue: 35 Pages: 163-190
Publisher: Directorate of Research and Studies / Sunni Endowment دائرة البحوث والدراسات /ديوان الوقف السني

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Abstract

1. clarifying of the meaning of comparative jurisprudence and principles on which it is based, and the vocabulary and terminology that denotes the fact that the jurisprudence matter in dispute among scholars of Fiqh, which only specialists know, clarifying the titles of comparative jurisprudence, and what distinguish it from what is similar of terminologies in such jurists uses like corresponding, controversy, criticism, and idiosyncras.2.clarifying the importance of knowledge with the causes of scholars differences, and importance of return the difference in branches to the basics this based on knowledge of basics jurisprudence science, and its Relationship to literature find out the most important controls that protects juristic contention from deviation and determines how understanding and application.3. The importance and the necessity for Reforming the jurisprudence generally and contention especially by activated the Islamic morals, and follow the sahabah (people lived in the time of prophet) and taabi’een (those who cameafter prophet) in their jurisprudence and controversial views . 4.The purpose of comparative jurisprudence, know the truth , not mirrors and controversy, not to differentiate between Islamic doctrine, and avoid sites of exaggeration and commit people with jurisprudential view ,it's well-known that the disagreement is vastness on right and kindness for the nation not compulsion.

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