منهج الشيخ بيوض في الاجتهاد الفقهي

Summary

This research deals with both the fikh and usul aspect of cheikh Bayoudh's thinking (1316 h/1899 g-1401 h/1981 g)، by studying the origins of jurisprudence used by him، as well as his rules of deduction، application and comparison.

the aim of the research is to shed light on cheikh Bayoudh's status in jurisprudence and fatwa، his numerous contributions taking into effect jurisprudence theories of usul scholars and serving the Ibhadite fikh in terms of origin establishing، renewing by establishing his argumentation resources، his way in deducing judgments from detailed arguments، his ways in applying them on Muslims' acts.

Bayoudh's personnality was distinguished in terms of personal traits and childhood growing circumstances; he was well educated، and scientifically well versed. These factors were gathered to build this scientific leadership personality and make a sort of reform within the Mouzabite society. He has occupied fatwa responsibility in his early age. He had special fikh judgments in new matters before reaching thirty of age.

Concerning his jurisprudence methodology، I have dealt with cheikh Bayoudh's arguments in jurisprudence، his resources of argumentation gathering different textual and jurisprudence arguments considered by usul scholars: from the Quran، Tradition، Consciousness، companions' speeches، precedent nations laws، legitimate interest، precaution، fikh rules. I have endeavored to spot light on his way in argumentation using these resources، in doing so cheihk Bayoudh's jurisprudence was original as he is able to origin establish new questions، changing facts according to wise Charia and raison.

I have also tried to study his methodology in text interpretation، deduction rules relying on text interpretation and semantics as usul fikh scholars see. I have shown his application of these usul rules with application through his fikh judgments. I studied also his attitude towards text argumentation، his limits and the relationships with aiming. It was shown clearly that his moderate methodology in text interpretation is set between literalists and raison adepts.

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