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الخلاصة في حكم الاجماعات الخاصة

المصدر: مجلة دار الإفتاء المصرية
الناشر: دار الافتاء المصرية
المؤلف الرئيسي: محمد، عبدالله ربيع عبدالله (مؤلف)
المجلد/العدد: ع 3
محكمة: نعم
الدولة: مصر
التاريخ الميلادي: 2010
التاريخ الهجري: 1431
الشهر: يناير
الصفحات: 10 - 33
رقم MD: 166925
نوع المحتوى: بحوث ومقالات
قواعد المعلومات: IslamicInfo
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عدد مرات التحميل

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المستخلص: There is no doubt that the doctrine of consensus plays a fundamental role in Islamic law and in the transmission of the religion from generation to generation. Therefore, denying the doctrine of consensus is tantamount to the destruction of Islam since it acts as medium that defines the personality of Islam since it can change a text (from the Qur>an or Sunna) whose ramifications are speculative to confirmative regarding its acceptance or legal significations. This is what we plan to address here: One of the type of ijm>a is the general ijm>a, which is the consensus of all scholars. The other type of ijm>a is that of a specific group of scholars regarding a certain issue. Both terms are employed by the scholars of Islamic law when addressing different types of ijm>a. The doctrine of consensus is an authoritative proof in Islamic law and it is incumbent upon every competent Muslim to accept it, act according to it and to believe that a ruling based on it, is the truth. There are some scholars who restrict this doctrine to that of the early scholars of Medina; using it to establish the authentic practice of the Prophet (sa), utilizing it in the face of a ahad report. However, they did not employ their consensus to establish an independent ruling as is the case with a general consensus as noted above. It is also well known that Imam Malik affirmed the consensus of the scholars of Medina based on their knowledge and not the fact that they lived in Medina itself. It is also well known that the consensus of the scholars of the Harmain (Mecca and Medina) and other countries referred to the consensus of the Companion (who lived in those areas). The majority of scholars also hold that the consensus of the Caliphs, or Umar and Abu Bakr or the family of the Prophet, is not a consensus since it is not made up of all scholars but only some of them, and that the promise for infallibility (in religious decisions) is for the entire community of scholars, not a few of them. One who rejects a consensus on an issue innately known to Islam, has rejected faith without a shadow of a doubt. However, if one rejects something based on a speculative consensus- not known save amongst the qualified such as invalidating one>s age by engaging in intercourse before staying at <Arafa, then he is not an apostate, but is considered deviant and mistaken in his practice.

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