المراحل التاريخية لتجديد أصول الفقه وأثرها الحضاري

Abstract

If the Islamic civilization is a textual civilization (following the legal text) or a juridical civilization (following the jurisprudence), then the science of the principles of jurisprudence concerning its measured methodology in understanding the text and its revelation is at the fore.Thus, the growth of Islamic civilization can be witnessed through the science of principles modernization stages, in which it involves the interaction of past events in the reality of the future; from here, the importance of the study in following those stages is by induction and analysis, and the problem statement is the attempt to uncover the role of modernization and its stages in witnessing civilized intellectuals and how the efforts of the scholars contribute to it and the answers to the set of questions which are: what are the stages of modernization in the science of the principles of jurisprudence? What is the effect of modernization on the resilience of the nation and its intellectual and civilized witnessing of it? To complete the study, we need to adhere to the inductive analytical methodology where the modernization stages are induced and the implications for the real world are to be analyzed according to those stages from a civilizational perspective. Several results have been attained, among which is: Imam as-Shafii presented the science of the principles as a method of examination and explanation of jurisprudence and interpretation. His efforts in discovering this method as a form of knowledge show how he is a respectful leading scholar and deserves praise as well as the notability of being the pioneer. The study was then prolonged and completed by the scholars of the third and fourth centuries across the schools of thought and scientific methods to prove a wider horizon regarding the perfect comprehension of the mind as well as the heart of knowledge. In his book al-Mustasfa, he attempted to screen attempts for the science of principles, and despite his desire to steer clear of logical prologues and Aristotelian effects, he discovered that the weaning to what has been entrusted with is harsh! However, his writings on reviving the method of his teacher, Al-Juwaini, in his two books of al-Burhan and al-Ghiyathi are sufficient enough. Also, Imam As-Shatibi, in two of his books, al-Itisam and al-Muwafaqat, sketched features of induction and far from partial inference, such as a milestone in Islamic thought and civilization.
Keywords: Modernization - the principles of jurisprudence - civilized - effect