حالات حمل المطلق على المقيد وأثره على الاختيارات الفقهية

(الإمام الشوكاني نموذجا من خلال كتابيه نيل الأوطار والسيل الجرار) (دراسة مقارنة تطبيقية)

Abstract

The research dealt with the cases of UNRESTRICTED BY
THE RESTRICTED according to Shawqani, the Hanafis and
the majority and their application on some jurisprudential
issues because the scholars of the Essential Evidences
differed in the cases of interpreting the unrestricted by the
restricted, Shawqani was one of them. This thing had a
significant impact on their differences in practical legal
rulings. The aim of the research is to know the cases and
conditions of interpreting the unrestricted by the restricted
according to Shawqani and its impact his jurisprudential
choices. Therefore, the researcher relied on the inductive,
comparative and applied approach to the nature of the
research. Furthermore, the research was divided into four
topics. The first topic was about the nature of the unrestricted
and the restricted as well as their rulings. The second topic
was the conditions of interpreting the unrestricted by the
restricted among the majority and Hanafis. The third topic
was about cases of interpreting the unrestricted by the
restricted. As for the fourth topic, it was about the applied
study of cases of interpreting the unrestricted by the restricted
from jurisprudence issues according to Shawqani. 
The research concluded with the most important results:
1. Immam Shawqani states that not to interpret the
unrestricted by the restricted in case of: a) They differ in
reason and judgment. b) If they different in judgment
and united in reason.
2. Approval of Immam Shawqani's jurisprudential
choices with his Essential opinion.
3. When we compare Immam Shawqani's opinion and his
jurisprudential evidences in interpreting the unrestricted
by the restricted with his jurisprudential choice, we find
the following:
a) It is not allowed to interpret the unrestricted by
the restricted in case that they are united in reason
and judgment, and if the restricted evidence is not fit
for protest such as: permission of compensating
fasting of Ramadan in intermittent periods, and the
absolute prevention of sailing dogs.
b) It is allowed to interpret the unrestricted by the
restricted in case that they are united in reason and
judgment, and if the restricted evidence is fit for
protesting through it such as: approval of
consecutive fasting of penance, unnecessary
payment for (Sadaqat Alfitr) for Muslim, reversely
non-Muslims who are committed for supplies.
Approval of (Shufaa) for the neighbor if they have
the same road.