نوع المستند : المقالة الأصلية
المؤلف
جامعة كهرمان مرعش سوتشو امام
المستخلص
الكلمات الرئيسية
الموضوعات الرئيسية
عنوان المقالة [English]
المؤلف [English]
The addition to the text according to the fundamentalists An addition to the text is the addition of a new legal ruling to a previous ruling established by a legal text. The fundamentalists differed regarding its ruling: some of them considered it a partial abrogation of the original text, such as the Hanafi school of thought, because it changes the ruling of the first text. Some of them consider it a clarification and specification, such as the Malikis, Shafi’is, and Hanbalis, on the condition that it does not contradict the original text. What is most likely is that it is a statement and not a copy unless it conflicts with the original text, and this is what the majority of scholars hold. Scholars have divided the addition to the text into three main sections:
Independent addition: It is not directly related to the original text and is considered new legislation, such as: adding a sixth prayer to the five daily prayers.
A continuous, non-independent addition: It is linked to the original text and affects its ruling. It is considered a partial abrogation, such as: an addition to a condition or pillar of worship.
Explanatory addition: It clarifies what is meant by the original text and does not change the original ruling, such as: restricting the absolute or specifying the general. There are conditions that must be met to accept an addition to the text, which are:The evidence is correct, it does not contradict the original text and consensus, and the
الكلمات الرئيسية [English]