ترتيب الأبواب الفقهية و مناسباتها عند الشافعية

Abstract EN

The process of authorship and classification in Shafi’i jurisprudence was accompanied by a development throughout successive times, and one of the results of this movement was that some phenomena were found to be relate to the book in construction, completion, abbreviation, and arrangement.

And among the most important of these phenomena: “The phenomenon of arranging the chapters and explaining its appropriateness”.

The Shafi’i scholars of Fiqh have taken advantage of this phenomenon with great luck.

They presented the first examples on this subject - I mean the arrangement of the jurisprudential chapters and their appropriateness - in the letter of Siraj al-Din al-Balqini under the name of “The Appropriateness of the Fiqh Chapters on the Base of Our Companions”.

It was collected and summarized by his student, Al-Hafiz Ibn Hajar, and this research came under the title: “Arranging the Fiqh Chapters and Their Appropriateness in the Shafi’i Classifications”, to contribute to this chapter, and it achieved results, the most important of which are: Wise scholars always order the chapters in any science, and knowing this method, which is the clearest way that helps in the realization of the content of sciences.

In every science, the student does not grasp at the beginning of his consideration of its order and arrangement or its premises, so there is no hope for him to gain its secrets and desires.

The most notable benefits the ordering are facilitating access and reaching the desired information easily, and bringing it closer to the understanding of those interested, and this is the original purpose, and the overall purpose of the classification.

Al-Ghazali was the first scholar to divide Fiqh into four quarters: worship, transactions, marriages, and felonies.

Benefiting from his predecessors, and he has taken this division in his book: “ Ihya' ‘Ulum al-Dln “which means “The Revival of the Sciences of Religion.” The appropriateness of ordering this quadripartite division, where worship was put the first; for its importance, then the transactions; because it is highly needed; then marriages; because it is less important when it comes to need, after that felonies; because it is less occurring than what was mentioned before.

The Shafi’i hadith collections happen to be consistent in the order of a group of chapters, and different in the order of the following chapters: the section of alms (Sadaqah), sacrifices, hunting, slaughtering, food, vows, duties and commandments, royalties, ju>alah, acknowledgment, spoils and booties, emancipation, management, writing, and mothers of children.

The order of the jurisprudential chapters in the Shafi’i hadith collections was not arbitrary.

The Shafi’i jurists took care of it, and arranged it according to logical appropriateness, based on fixed rules, but they disagreed in the editing and evaluation of the appropriateness.