تقنين الفقه الإسلامي ما له و ما عليه

الملخص EN

This study deals with an important topics created a debate among scholars and researchers, In the past and in the present, it is about the legalization of Islamic jurisprudence provisions, which is linked to the problematic over the passport of compiling the judge with the rule in accordance with a particular saying, although he was not convinced of it, This matter has divided Muslim scholars to the two grops, the first grops allow the codification, the second goes to stop it, and both of them based on a number of arguments.

But we support the first opinion due to its evidences, In fact, though codification has some disadvantages like stopping the idgtihad movement, as well as its lack and rigidity, Whereas its merits are more than its drawbacks, especially in an era in which most of the judges become imitators not hardworking.

And it is not accessible for them to refer to the books of Islamic jurisprudence and tipping the correct opinion on various issues.

In addition to the large number of cases assigned to them, and their ignorance for research.

And perhaps the first serious attempt to codify Islamic jurisprudence officially was the judicial verdicts magazine in 1876, during in the Ottoman Empire, which codify jurisprudence related to civil transactions and litigation and due process and proof on the Hanafi doctrine, which is been the official doctrine of the Ottoman Empire, has been approved to teach in law schools has been working with its provisions in many Arab and Islamic countries until the mid-twentieth century, almost, so we chose to take a model of rationing.