الاحتجاج بعمل أهل المدينة و أثره في فقه الشريعة : دراسة أصولية و فقهية

الملخص EN

This research seeks to study "the work of the people of Madinah", defining the concept, the authority, the significance and applications of it in Islamic jurisprudence.

The study has taken an analytical and deductive approach.

It reached at some findings.

It concludes that this term incorporates the collective Ijtihad of the people of Madinah as well as the knowledge succeeded to them through continuous transmission of the deeds.

Juristically, this source assists in examining solitary Hadith reports, accrediting manifest inferences of legal texts, defining ambivalent injunctions and prohibitions, approximating the exact meanings of legal discourse through providing its situational contexts, differencing specific rules, which cannot have extension to common situations, from the common and extendable ones and recognizing the abrogating and abrogated rules of Shari'a.

The arguments on authority of this source perhaps relate to the works that came to exist as a fruit of Ijtihad and as a result of the regulations ordained by the rulers in the governance of Madinah.

However, the works that took place as a part of narration and that have connection with the practice of the first Muslim generation are believed to be authoritative in majority's opinion.

Their reference to it for resolution of legal conflicts is evident