مقاصد الشريعة في المدونة الكبرى لأبي غانم الخراساني

Abstract

This study deals with the topic of "The Purposes of Islamic Law in the book of El Mudawwana El kubra by Abi Ghanim Al-Khourasani", who lived in the second century AH; the era of codification of Sharia sciences. this study also aims at explaining the purposes of thinking at the early Ibadit scholars depending on their source of Fikh namely The Grand Code “Mudawwana El kubra” , which collects the statements of the Ibadite scholars from Jabir bin Zeid to Abi Ghanim Al-Khourasani. Besides, this study intends to highlight the pioneering role played by the Ibadit school in understanding the Islamic texts, their observance of the purposes and interests, and their reliance on them. It also seeks to serve the heritage of Muslim scholars, and to benefit the researchers. This study may be a step towards the convergence of views, and the consolidation of visions, and rely on the overall holistic view. In order to achieve the research objectives, the researcher divided the study into an introduction, six chapters and a conclusion. The first chapter identifies the personality of Imam Abi Ghanem Al-Khourasani. He presented his era from its different angles. It was found that the era of the first Abbasi State in its political side was characterized by stability and taking control unless its successors harassed the Ibadit and them because they were competing them in the succession, however, on the social side, new ethnicities emerged and joined the Muslim community. These ethnicities had a great influence on coming different cultures and the emergence of social classes. On the economic aspect, people conditions improved because of the availability of the various resources of the state and the encouragement of the caliphs for local development. On the religious and scientific side, the scientific movement flourished and the scholars delved into studying different sciences and arts. Then he presented an identification card about Imam Abi Ghanem and his sheikhs. Abi Ghanem was born in about (130-135 AH) and died in about (200 AH-205H). He grew up in Basrah and was educated by the Ibadi sheikhs in the secret religious councils in houses; fearing of the oppression of the Abbasi State. This did not prevent Abi Ghanem from meeting the scholars of other sects and benefiting from their knowledge, and Abu Ghanem made many trips for learning and education, leaving great scientific effects. The second chapter is devoted to the definition of the Great Code and its scientific value, which stands out as a summary of the views of the Ibadi scholars in its first stage. It is a great typical example in recording the Islamic Fikh. The third chapter focuses on clarifying the purposes of sharia and its different stages such as: establishing, rooting and codification. The chapter concludes by highlighting the value of the purposes and their great importance in the work of the interpreters. It adjusts the textual analysis and provides the appropriate causes from texts, besides, it is reliable in weighing between the conflicting evidence, and prove the validity of the sharia and its reality, and the permanence in all places and ages. The fourth chapter revealed the following of the great code the school of opinion; explaining all the provisions of God by governance, interests and secrets. They also maintain the meaning of worship in some provisions of sharia, and their interest in the pursuit of interests, and the evasion of the evils, and their expression about it by terms of interest or corruption. This is evident in their reasoning with the evidence of judgment; from measurement, favoritism, reserve, blocking of excuses, consideration of differences, and consideration of the prevailing custom. The fifth and sixth chapters presented several practical models for the jurisprudence of the great code scholars by understanding; interpreting and consideration of destiny. They were took care of establishing public and private purposes of justice, mercy and freedom, and preserving the total purposes in necessities, needs and improvements as for they existence or non existence. They outweighed between interests and corruption as they oppose, and set up their Fikh on the basis of the intentions of the responsible and their purposes.