Construction parent and child parent Graduation on them, from the book Al-Fara'id Al-Bahiyya fi Al-Qawa'id Al-Fiqh by Al-Hamzawi Al-Hanafi, an applied study

Abstract

Summary

The study aimed to explain the meaning of the secondary origin and the origin of construction according to Hanafi jurists, in the book Al-Fara’id Al-Bahiya fi Al-Qa’id wa Al-Fawa’id Al-Fiqhi by Al-Hamzawi Al-Hanafi, and to differentiate between them, and what are their sources, and which one is more appropriate to build on and extract rulings from, and how the diligent person dealt with them, and that the principles of construction in its main or secondary sense are the most important jurisprudential investigations and the successor’s reference for extracting rulings from them and analogies to them. Then it presented the applications that clarify this from the book Al-Fara’id Al-Bahiya by Al-Hamzawi.

The study followed the descriptive approach to explain the meaning of the origin of the construction and the sub-origin, the analytical approach and the inferential-deductive approach to explain the relationship and difference between the origin of the construction and the subsidiary origin, and how jurists graduated on them, and the inductive approach to extract applications on the origin of the construction and the subsidiary origin from the book Al-Fara’id Al-Bahiya by Al-Hamzawi.

The study reached a number of results, the most important of which are: that the origin of the structure is the meaning upon which the branches of jurisprudence are derived, and that the secondary origin is the meaning upon which the branch of jurisprudence is derived, and that there are differences between them that emerged through follow-up, and that the jurists have used it in a practical application even if they have not often called it by these names, and that the book Al-Fara’id Al-Bahiya is one of the strongest examples of making the issues of jurists principles and rules to facilitate conclusion based on them, in addition to the results and recommendations that will be mentioned in the research.

Keywords:

Jurisprudence, Hanafi jurisprudence, jurisprudential rules, origin of construction, secondary origin, graduation.