التعليل بالاحتياط للمسائل الأصولية : دراسة تأصيلية تطبيقية على مباحث السنة

الملخص EN

This research aims at determining the meaning of justification of the Usuli issues through depending on the method of precaution.

In addition, extrapolating the issues about which the scholars of Usul Al Fiqh used justification depending on the method of precaution in the prophetic tradition.

Moreover, defining the issues about which this method was applied correctly, to achieve these aims, the research is presented in two chapters.

The first implies the theoretical and fundamental side in which the meanings of justification and precaution along with the related terms are elaborated.

It also includes the estate of precaution in the Islamic Shri'ah in general and its importance in proving the usuli issues in particular.

Types of justification according to the scholars of Usul Al Fiqh are pointed out in this chapter as well.

The second chapter implies the applicable part.

In this chapter, I extrapolated the positions of using justification by precaution in the chapters of Sunnah inside the books of scholars of Usul Al Fiqh.

I also properly and perfectly addressed them to that pointing out the impact resulted in this method.

Finally I referred to the issues in which this method worked correctly and the others in which it didn't.

Through this research, I concluded that justification depending on precaution of the fundamental issues means; considering the precaution, a meaning on which fundamental issues relies on, beside some legal principles which are interlinked with precaution in the general goal.

This includes; "blocking pretexts, the consideration of the outcome".

The scholars of Usul Al Fiqh followed two forms of justification depending on precaution of the Usuli issues.

First, considering precaution, along with others, the cause for the Usuli issues.

Second, considering precaution the basis for justification for the Usuli issue and building the issue on it.

As for the issues where the scholars of Usul Al Fiqh justified their precaution on issues of the Sunnah studies, which I mentioned in this research, they come out to be ten.

I accepted in them the justification depending on precaution, and they are; The requirement for number in the adjustment of the hidden situation.

The requirement of the scholar`s jurisprudence to accept his Hadith.

The narration by permission.

The authentic Mursal from the companions.

On the other hand I refused some other issues where the scholars of Usul Al Fiqh justified their Sunnah studies by using precaution, and they are; The acceptance of the report from one person by using the mind, the usage of the report from the immoral person if there is precaution, the transmission of Hadith by meaning, The authentic Mursal if he is not a companion, Holding the actions of the Prophet if it is for korba and if it starts without a reason.