القواعد الفقهية عند أئمة الزيدية أ.م. د/ هدى علي يحيى العماد*

Abstract

Abstracts

      Fundamental and jurisprudential rules are among the most prominent types of legal rules as they are related to doctrinal aspects. This study is limited to investigating the jurisprudential rules of the Zaydi scholars, focusing on those doctrinal in nature. The jurisprudential rules of the Zaidi scholars were collected from the approved books in madhab. Jurisprudence is one of the most important legal studies within Islamic legislation, as it brings together the various rules of doctrinal branches (furu’) and jurisprudence rules have a lot of advantages.

This study consists of an introduction and three sections. The introduction presented the research significance, objectives and literature review. The first section includes the definitions of jurisprudential and fundamental rules, showing the difference between them in terms of advantage, relationship, conclusion, strength, creation, existence, truth, method, extraction, generality, consistency and subject. The second section presented the overall controls, namely, the rules covering many issues with multiple subsections, including thirteen rules. Each rule was illustrated with examples to resolve ambiguity. An attempt is made to integrate similar and convergent rules, by referring to their sources in madhab. The third section discussed partial controls, i.e. the rules related to specific aspects of jurisprudence, including one hundred and twenty rules. Each rule is explained with examlples and referred to its source in madhab. An attempt is made to integrate any two similar or convergent rules.

The study also refered to the fundamentals taken from Kitab Al-Azhar (the Book of Flowers), and concluded with the most important findings and recommendations.