تخريج الفروع على الفروع : حقيقته و حكمه

Abstract EN

The jurists' texts in the book of turath related to the branch issues in fiqh are limited not up to date, that is because the problethe issues are related to the new events in the public (al-mustajaddat).

Besides that because the question has not been asked by their time, or because of new events that has happened that has never been studied by scholars, therefore every scholar in the time they have to study new problems and issues.

And the method named "Takhrij al-Furu' 'ala al-Furu is expected to be the easiest method to solve these problems, this method was developed by comparing each question with its similarities from the texts of the imam mujtahid, as known that the imams have been compare all new problems with basic religious texts (al-Qur'an and Sunnah).

And the significant of this method is it can make new laws were taken from him in accordance with the methodology of jurisprudence that has been used by scholars and schools of jurisprudence (al-madaris al-fiqhiyyah) andthis method have been developed also by their students and many scholars of jurisprudence after them.

In addition, this method also help to develop thinking skills formation jurisprudence and create the richness jurisprudences' experience.

Even this method is also trained to dig the law to understand the branch of Islamic law (al*furu') and to concluded legal maxims, even this method is also an indispensable source of law by the mufti at all times, in particular if the source of takhrij from the text of madhab is still present until now days, which will include the qawa'id (maxims) or rules and principles which regard the public interests and in accordance with their customs.