الملخص الإنجليزي
The importance of this study comes in highlighting the jurisprudential
heritage that abounds in the Ibadi school and the exploits of their
imams, through one of their most important books, as it is still fertile for
research and study, which calls for effort in highlighting it to others, as
a contribution from the researcher and the Islamic scholar in general.
Especially. This study aims to highlight the personality of Sheikh Amer
Shamakhi, who is considered one of the great scholars of the Ibadhis.
In order to clarify Sheikh Amer Al-Shamakhi's approach to inference
with the meaning of the uttered, and to extract its jurisprudential
applications that he built on the inference with the meanings of the
uttered and the concept, this study came to answer the following
questions:
− What is the approach that Sheikh Amer Al-Shamakhi followed in
his inference in terms of the operative and the concept?
− What are the jurisprudential applications that was inferred by the
meanings of the operative and the concept through the book of
clarification?
In this study, the researcher used three approaches: the inductive
approach, the comparative approach, and the analytical approach.
Among the most prominent results it reached:
− Sheikh Shammakhi prevailed over adopting the method of the
theologians in fundamentalist rules.
− Sheikh Al-Shamakhi followed what the majority of jurists were
quick to infer from the two utterances of his two divisions: the
explicit and the explicit, and he cited jurisprudential branches that
he built on this principle.
− Al-Shamakhi built jurisprudential rulings that he deduced from the
significance of the concept of consent in its two types: priority
and equal, and the fundamentalists did not contradict the
authenticity of the concept of contravention, as he took most of
its types as evidence in the construction of some Shari'a rulings,
as it may sometimes contradict the opinion in force in the
doctrine based on the doctrine.