منهج الإمام النووي في دفع التعاريض بين النصوص الشرعية بحمل العام على الخاص

Abstract EN

This research sheds light on an important topic in the science of the fundamentals of Islamic jurisprudence (Fiqh) i.e., refuting the contradiction between Islamic law (Shari’a) texts in general, and the issue of the general and the specific in particular through the methodology of grand scholar, imam an- Nawawi.

in fact, the research investigates his methodology and shows how it is applied to qur’anic verses and prophet Muhammad's sayings and traditions (hadiths).

the research at hand is divided into an introduction, two chapters and a conclusion.

the introduction introduces imam an-Nawawi and the related research terminology as well as the methodologies of Muslim scholars in refuting such contradictions.

chapetr one deals with imam an-Nawawi’s methodology in refuting the contradiction between shari’a texts by way of combining texts, having an abrogated text (Naskh) or having a text outweighing another(Tarjeeh), not to mention imam an-nawawi’s stipulations for each case.

it also highlights the characteristic features of his methodology and pinpoints his methods of determining the cases of Naskh and tarjeeh.

chapter two handles imam an-Nawawi’s methodology in basing a case of a general text on that of a specific one.

it also manifests what is meant by specific Shari’a texts, and how to specify the case of a given qur’anic text based on another qur’anic text or a Sunnah text i.e., hadith, and how to specify the case of a given Sunnah text based on a qur’anic text or another Sunnah text.

moreover, this chapter indicates imam an-Nawawi’s methodology in terms of the effect of basing the general on the specific through giving precedence to the specific over the general.

it also demonstrates the cases in which a general text cannot be specific e.g., the cases of causality, inference, specifying certain individuals and the general cases which are inclusive of prophet Muhammad and his nation of followers (Ummah).

chapter two also touches upon the approach imam an-Nawawi adopts in the case of two seemingly conflicting general texts.

as for the conclusion, it comprises the key results and recommendations.