The Faculty of Shari’ah

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Browsing The Faculty of Shari’ah by Author "Abu Baker Mahmoud Fareed Ghadiyyeh"

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    The Invalidating and Invalidated in Al-Hadeeth AL-Shareef
    (2013) Abu Baker Mahmoud Fareed Ghadiyyeh; Dr. Khaled Khalil Olwan
    This study is titled “Al-Nasikhwa al-Mansukh in Hadith” and its concerned with highlighting the issue of abrogation (naskh) in Hadith which has been far from people’s understanding for a long time, and that even scholars had difficulty regarding its nature. Al Zahri said: “Scholars have face difficulty in their attempt to understand the issue of Al-nasikhwa al-mansukhwith respect to the Hadith of Prophet Muhammad, peace be upon him”. Through this study, the researcher aims to highlight several issues including the most comprehensive definition of Naskh, its methods and conditions, types, the opinion of Islam regarding each one of these types, as well as the difference between it and other concepts such as specification, graduation and original bara’a. To explain this, the researcher included a number of practical applications that cover a group of Hadiths in which Naskh has been claimed. The researcher relied on the inductive approach as well as the analytical approach. He also divided the study into an introduction and three chapters: Chapter one: This chapter revolves around the truth behind Naskh and included a definition of this term both according to language and dictionary. The researcher explained in this chapter the difference between Nask, specification and original bara’a, investigated its conditions, methods, the opinion of Islam regarding Naskh as well as its different types. The researcher concluded that Naskh in language has common as well as varied meanings. In dictionary it means taking a legislative provision with a latelegitimate evidence. He also concluded that there is a difference between Naskh, specification and original bara’a. Also, differentiating the Naskh from Mansukh requires knowledge of Naskhand its conditions. Finally, the researcher mentioned that Naskh is in legislative provisions of Islam and that it is fixed in all of its types except for the abrogation of Quran by the Sunnah where a difference has been found. In the second chapter, the researcher focused on the abrogation of Sunnah using Sunnah. It included a definition of both Hadith and Sunnah, an explanation of the emergence of Naskh in Hadith, its importance, difficulty, types, difference between it and graduation, its relationship with the contradiction between Hadiths, in addition to mentioning some of the most renowned scholars who specialized in this field and their books. The researcher concluded that the definition of Sunnah among the Asuleen is the one which is related to the study. Also, the types of Sunnah by Sunnah abrogation is proved except for the AhadSunnah for the Mutawater where some dispute is present. Also, a difference between Naskh and graduation exists, whereas contradiction is the reason why Naskh exists, and there were scholars who have been deeply immersed in this field including Al-Shafi’i. In the third chapter, the researcher included a number of practical applications in which Naskh has been claimed, and Naskh is either proved or disproved. The researcher concluded that most of the Hadiths in which Naskh has been claimed did not contain such thing such as Hadiths about turning toward Qiblah in prayer. However, Naskh has been proved in Hadiths such as those related to enjoyment. The researcher concluded these chapters with conclusion in which he presented the main results and a number of recommendations. The study was concluded with a number of indexes arranged according to the principles of scientific research.