معرفة مفهوم التوقيفي وبعض آثاره الفقهية

Abstract EN

The cognition meaning of signature is an important sabject that difference of opinion among the jurists of Islam regarding the applying of analogy in the principles of worships derives from it; in such a way that the Hanafi jurists believe that the analogy does not aplly to the principles of worships are signature matters.

however, the majority of jurisprudents, including the Maliki jurists, and the Shafei jurists, and the Hanbali jurists, hold that the analogy applies to reasonable meaning of worship; because the pillars of analogy are existing here.

the origin of the disagreement here is whether the meaning of worships are comprehensible until it is permissible to make analogy in them, or whether the meaning of worships are indiscoverable until it is not permissible to make an analogy in them, and this is because the analogy is a branch of understand to meaning.

based on this difference of opinion, the majority of jurisprudents allow the prayer of a disabled person who prays by pointing with his Ebebrow to be permissible and analogized it to the prayer of a disabled person who prays by pointing with his head, but Hanafi jurists do not allow it.