حالات حمل المطلق على المقيد و أثرها على الاختيارات الفقهية : الإمام الشوكاني نموذجا من خلال كتابيه نيل الأوطار و السيل الجرار : دراسة مقارنة تطبيقية

الملخص EN

The research dealt with the cases of UNRESTRICTED BY THE RESTRICTED according to Shawqani, the Hanafis and the majority and their application on some jurisprudential issues because the scholars of the Essential Evidences differed in the cases of interpreting the unrestricted by the restricted, Shawqani was one of them.

This thing had a significant impact on their differences in practical legal rulings.

The aim of the research is to know the cases and conditions of interpreting the unrestricted by the restricted according to Shawqani and its impact his jurisprudential choices.

Therefore, the researcher relied on the inductive, comparative and applied approach to the nature of the research.

Furthermore, the research was divided into four topics.

The first topic was about the nature of the unrestricted and the restricted as well as their rulings.

The second topic was the conditions of interpreting the unrestricted by the restricted among the majority and Hanafis.

The third topic was about cases of interpreting the unrestricted by the restricted.

As for the fourth topic, it was about the applied study of cases of interpreting the unrestricted by the restricted from jurisprudence issues according to Shawqani.

The research concluded with the most important results: 1.

Immam Shawqani states that not to interpret the unrestricted by the restricted in case of: a) They differ in reason and judgment.

b) If they different in judgment and united in reason.

2.

Approval of Immam Shawqani's jurisprudential choices with his Essential opinion.

3.When we compare Immam Shawqani's opinion and his jurisprudential evidences in interpre ting the unrestricted by the restricted with his jurisprudential choice, we find the following: a) It is not allowed to interpret the unrestricted by the restricted in case that they are united in reason and judgment, and if the restricted evidence is not fit for protest such as: permission of compensating fasting of Ramadan in intermittent periods, and the absolute prevention of sailing dogs.

b) It is allowed to interpret the unrestricted by the restricted in case that they are united in reason and judgment, and if the restricted evidence is fit for protesting through it such as: approval of consecutive fasting of penance, unnecessary payment for (Sadaqat Alfitr) for Muslim, reversely non-Muslims who are committed for supplies.

Approval of (Shufaa) for the neighbor if they have the same road.