Browsing by Author "حورية, قروي"

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أثر دلالة المسكوت عنه على الأحكام الشرعية في الاجتهادات المالية المعاصرة
(جامعة غرداية, 2024) حورية, قروي
Islamic law did not stipulate the legal ruling for every incident, but rather came with general matters, since the events between people in their personal, temporal and spatial dimensions are infinite and the texts are limited, which led to the existence of events that are not stipulated. Therefore, this study came to address the problem of the nature of what is not stated, and the extent of its indication of the legal rulings and its relationship to contemporary financial reasoning. It aims to highlight the truth of the silence of the Shari’a by standing on the existence of the requirement and the absence of the impediment or not, and to clarify its significance, as well as its role in the circulation of the contemporary movement of ijtihad, due to its importance represented in its connection to the jurisprudential view related to rulings and the objective view, and due to its realistic scientific impact on our contemporary life. The results showed that the release of what is not mentioned in Sharia is an exaggeration because the facts are not free from the ruling of God, and that this conflicts with the perfection and flexibility of Sharia. As for its significance, it is an inferential or dependent significance. From what was mentioned, the importance and impact of contemporary financial ijtihad in renewing Islamic jurisprudence appears on the one hand, and in treating contemporary financial problems that are not mentioned and finding solutions for them on the other hand, by activating it with its various mechanisms and methods.
التُّّّّّّّّّّرُْوُك النبٍويُة بْين الاٍِتباعٍ والابْتِداعٍ - تأصِْي ً لا وتْطبِْيقاً -
(جامعة غرداية, 2024-03-15) حورية, قروي; لخضر, بن قومار
تعتبر التروك أحد قسمي الّسنةالّنبوية، وهو من المواضيع الحّية التي لها صلة بواقع المسلمين، لا سيما مع كثرة المحدثات في حياةالّناس، بالإضافة إلى وقوع الاشتباه والالتباس فيه،مّماأّدى إلى الابتداع فيالّدين، وبما أن من أسس تبديع الأمور المستحدثة ترك النبي-، فإن هذا البحث يسعى إلى فهم الّتروك النبوية وأقسامها، لأن ذلك يعين على فهم البدع وأنواعها، وكذا توضيح العلاقة التي تربطهما. وقد اختلف الفقهاء في صّحة إثبات الحكم الشرعيبالّترك أو نفيه، فيكونالّترك حّجة، والمتروك محصورا في دائرة المحّرم فهو بدعة، أو ليس بحّجة ولا ينتجالّترك حكما فيكون دليلا على الجواز ورفع الحرج، أوالّتفصيل في ضوء قواعدالّشريعة وأصولها، واختتم البحث بتوضيح أثر التروك النبوية في إبطال البدع بذكر بعض النماذج التي حكم عليها بعض العلماء ببدعيتها. The Turk is one of the two sections of prophetic Sunnah, which is a living topic of relevance to the reality of Muslims, especially with the abundance of novelties in people’s lives, as well as suspicion and confusion, which led to innovation in religion. Since one of the foundations of innovating new matters is what the Prophet Muhammad has abandoned, this research seeks to understand the prophet’s abandonments and its divisions because this helps to understand bid’ah and its types, as well as to clarify their relationship. Scholars disagreed concerning the validity of the legitimate provision by abandonment or denial, where abandonment can be evidence. The research concluded by clarifying the effect of prophetic abandonments in nullifying bid’ah by mentioning some models judged by some scholars of being bid’ah.
التلفيق في الفقه الاسلامي دراسة تاصيلية وتطبيقية
(جامعة غرداية, 2020) حورية, قروي
In the name of Allah, the Compassionate, the Merciful. Praise be to Allah, Lord of the worlds, and prayers and peace be upon the Messenger of Allah. This scientific study, titled "Fabrication in Islamic Jurisprudence (A thorough Empirical Study)",How important is the fabrication between the words of scholars in the conduct of Islamic jurisprudence and finding judgments for doctrinal issues and solutions to contemporary conflicts? The aim of this study is to establish the issue of the fabrication of jurisprudence schools and to demystify it from its ruling and show its impact on Islamic jurisprudence. The research starts with explaining the nature of fabrication through its definition, its scope, its origins in jurisprudence, and the proper perception of fabrication, especially with the frequent suspicion between fabrication and the terms close to it, as the images of fabrication and its various types were mentioned in different considerations with a forbidden fabrication statement. The research deals with the ruling on fabrication by mentioning the scholars’ attitudes and opinions, by presenting the evidence of each of them, as well as detailing the controls that must be taken into account when working on fabrication in various aspects. It also shows the effect of this in Islamic jurisprudence by mentioning some of the applied models of fabrication in various sections of jurisprudence. The conclusion of the research shows the most important results reached with some practical recommendations. In the name of Allah, the Compassionate, the Merciful. Praise be to Allah, Lord of the worlds, and prayers and peace be upon the Messenger of Allah. This scientific study, titled "Fabrication in Islamic Jurisprudence (A thorough Empirical Study)",How important is the fabrication between the words of scholars in the conduct of Islamic jurisprudence and finding judgments for doctrinal issues and solutions to contemporary conflicts? The aim of this study is to establish the issue of the fabrication of jurisprudence schools and to demystify it from its ruling and show its impact on Islamic jurisprudence. The research starts with explaining the nature of fabrication through its definition, its scope, its origins in jurisprudence, and the proper perception of fabrication, especially with the frequent suspicion between fabrication and the terms close to it, as the images of fabrication and its various types were mentioned in different considerations with a forbidden fabrication statement. The research deals with the ruling on fabrication by mentioning the scholars’ attitudes and opinions, by presenting the evidence of each of them, as well as detailing the controls that must be taken into account when working on fabrication in various aspects. It also shows the effect of this in Islamic jurisprudence by mentioning some of the applied models of fabrication in various sections of jurisprudence. The conclusion of the research shows the most important results reached with some practical recommendations.