Discussion Committee:
Dr. Hassan Khader/supervisor
Dr. Jamal Abdel-Jaleil/ external examiner
Dr. Sayel Emmarah/internal exmainer
Authors:
Ibraheem Jamal Saeed Sha'bneh
Abstract:
This study aims at clarifying the value of the jurisprudence bases study as a result of being the fundament of jurisprudence . The two, jurisprudence and its bases, are two inseparable studies, the agree that the purpose of both is reaching the legitimacy rules.
There is no disagreement about the fact that the Prophetic Tradition is the second recourse in legislation after the Holy Quran. The tradition important sections are ( commanding and banning) which the rules of the people revolves around them. The Tradition has a lot of commands and prohibitions which results several rules of the jurisprudence organizing the individuals' life and teaching them their religion.
Chapter one includes some important introductions for the study like the definitions of commanding and banning, prophetic tradition which differs according to the scholars due to each research of each one in tradition, jurisprudence or bases . The Sunnah position among scholars has been clarified in addition to its proves and divisions.
Moreover, the study includes commanding formulas, use, the effect of its evidences in directing the denotation . Scholars' says about the use of denotation in repetition or not have been mentioned in addition to the immediate denotation or delayed . Some questions about the denotation according to the scholars have been mentioned.
The study has been shifted to the banning formulas, use and the effects of the proves in directing there denotation . The scholars says- so about their permanent cases or not and the immediate denotation or delayed.
An important issue has been clarified showed to the banning the corruption or vitiation and the scholars perception about them in adorations and handlings. Some examples supported by scholars says - so have been put in order to facilitate the understanding.
The study concluded several examples about the honorable Sunnah in practical applications of jurisprudence procedures caused by the diversity in the denotation of commanding and banning.