النقد الفقهي : مفهومه و أهميته

Abstract EN

This research deals with study and analysis an important issue in islamic jurisprudence which is « jurustic criticism » .

In the first section of this research , the researcher tackled the meaning of « jurustic criticism » where he showed that this tearm is new and contemporary in the islamic jurisprudence since scholars didn’t mention it in their books.

The researcher started by showing the linguistic meaning of the word « criticism »which is used to denote several meaning including : to examine a thing , to disclose it and to distringuish between the good and bad of it.

Then, he explained the idiomatic meaning of the word « criticism » and it relation ship with the linguistic meaning , i twas defined as : « the process of assigning the right and the wrong points in a particular scientific subject after its study and examination » , to conclude then that « juristic cticism » is : « the study and the assessment of juristic production of a doctrine in jurisprudence schools » .

The second section of this research was devoted to the study of the terminology associated with juristic criticism , three terms were distinguished : juristic dispute , the contoversy an the debate.

The researcher showed the existence of common dominators between these terms and the juristic criticism as there were clear defferences between them.

In the last tart of the research , the researcher first tacked the importence of juristic critcism and its role in the renewal and the renaissance of islamic jurisprudence through its clarification from weak and abnormal opinions , also the devlopment and diligence and the liberation of minds from imitation and intolerance.

Then, he stated the conditions that should be accomplished by those who practised the process of juristic criticism , these conditions are set by scholars jurisprudence for the cliligent in order to prohibit those who have no competency from practising this work.

At the end, the researcher dealt with the basic areas of the juristic criticism where the identified three fields : A- The criticism of opinions and jurisprudece narrations.

B- The criticism of the principles of jufisprudence.

C- The criticism of work books and authoring methods.