المراحل التاريخية لتجديد أصول الفقه وأثرها الحضاري
Keywords:Modernization - the principles of jurisprudence - civilized - effect
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
Al-Dasūqi, Muḥammad (1994), Nahwū Manhaj Jadīd li Dirāsat ʿIlmi ʾUsūl al-Fiqh, No.12, Kulliyyah al-Sharīʿah wa al-Qānūn Jāmi’ah Qatar.
Al-Rāzī (n.d), Manaqib al-ʾImām al-Shāfi’ī, Misr: al-Maktabah al-ʿAlāmiah.
Al-Shāfiʿī, (1979), al-Risālah, Tahqīq: ʾAḥmad Shākir, 2nd edition, Qāhirah: Maktabah al-Turāth.
Al-Shāṭibī (n.d) , al-Muwāfaqāt, Tahqīq: ʿAbd Allāh Darrāz, Beirut: Dār al-Maʿrifah.
Al-Shaukānī, Muḥammad bin ʿAlīy (2000), ʾIrshād al-Fuḥūl ʾilā Taḥqīq al-Ḥaq min ʿIlmi al-ʾUsūl, Tahqīq: Sāmī bin al-ʿArabī al-ʾAthāri, 1st edition, Riyādh: Dār al-Faḍīlah.
Al-Suswah, ʿAbd al-Majīd Muḥammad al-Sharafī (2005), Tajdīd ʾUsūl al-Fiqh (Tārīkhuh wa Maʿālimuh), Majallah Muʾtamar Manāhij al-Tajdīd fī al-ʿUlūm al-ʾIslāmiyyah wa al-ʿArabiyyah, Kulliyyah Dār al-ʿUlūm al-Minyā
Al-Tartūri, Ḥasan (1997), Fiqh al-Wāqiʿ Dirāsat ʾUsūliyyah Fiqhiyyah, Majallah al-Buḥūth al-Muʿāṣirah, No. 34.
Amāmah, ʿAdnān Muḥammad (2002), al-Tajdīd fī al-fikri al-ʾIslāmī, 1st edition, Beirut: Dār al-Nafāʾis.
Bakār, Maḥmud (2006), al-Tajdīd fi al-Fikr al-ʾIslāmī al-Muʿāṣir, 1st edition, Dār al-Wafāʾ.
Balājī, ‘Abd al-Salām (2007), Taṭawwur ʿIlmi ʾUsūl al-Fiqh wa Tajadduduh, 1st edition, Miṣr: Dār al-Wafāʾ.
Baltājī, Muḥammad (2000), Hājat al-ʿUlūm al-ʾIslāmiah ʾilā al-Tajdīd (al-Fiqh, wa al-ʾUsūl, wa Maqāsid al-Shari’ah) fīhā Baʿdu al-ʾAfkār al-Muqtariḥah li Tajdīd ʿIlmi al-Fiqh wa ʿIlmi al-ʾUsūl wa Maqāsid al-Sharī’ah, Majallah Fikr wa ʾIbdāʿ.
Dāwūd, Muḥammad Sulaimān (1984), al-Qiyās al-ʾUsūlī Manhaj Tajrībī ʾIslāmī Dirāsah Muqāranah, ʾIskandariah: Dār al-Daʿwah.
ʾIbnu Khaldūn (2006), Muqaddimat Ibni Khaldun, Tahqīq: ʾIhāb Muḥammad ʾIbrāhīm, Qāhirah: Maktabah al-Turath.
Jumʿah, ʿAlī Jumʿah Muḥammad (1993), Qadiyyah Tajdīd ʿIlmi ʾUsūl al-Fiqh, 1st edition, Dār al-Ḥidāyah.
Manāhij al-Tajdīd fi al-ʿUlūm al-ʾIslāmiah wa al-ʿArabiyyah, Majallah Muʾtamar Kulliyyah Dār al-ʿUlum Jāmiʿah, al-Minyā. (2005).
Mashālī, Ṣābir (1998), Fiqh al-Wāqiʿ fī Miṣr fī al-Niṣfi al-ʾAwwal min al-Qarni al-ʿIshrīn, Risālah Mājistīr, Kulliyyah Dār al-ʿUlūm, Faiyūm.
Zaqzūq, Maḥmūd Ḥamdī (2003), Maqāsid al-Sharīʿah wa Ḍarūrāt al-Tajdīd, Qāhirah: al-Majlis al-ʾAʿlā li al-Shuʾūn al-ʾIslāmiyyah, No. 104.