English abstract
The research at its core deals with the issue of the concept of title and the
trends of fundamentalist scholars in its authenticity after the settlement
of the subject of dispute and with elaboration on the conditions of
applying it, and highlighting its presence in the applications and
jurisprudential branches in Ibadhi jurisprudence, through careful tracking
and scientific analysis of those applications to highlight the trends of
fundamentalists of scholars of the doctrine in adopting it or not, with
discussing their evidence and weighing them, to arrive at a settled
conclusion in the issue of the authenticity of this concept and the extent
of its impact on the rulings of the branches in the doctrine.
The study was concerned with answering the following questions: What
is meant by the concept of title among the fundamentalists?, what is the
dispute with it?, what do scholars say about the authenticity of the
concept of the title?, what are the conditions for applying the concept of
title?, what are the evidences for each team?, what are the discussions
and objections to it?, what is the most correct of them?, what are the
jurisprudential applications on the concept of the title in the books of
Ibadhi jurists?, what is the extent of the impact of the jurisprudential
branching on the authenticity of the concept of the title?, to what extent
do the jurists agree to their fundamentals in adopting it or not, and what
is the relation of the concept of title with legislative rules ?
In general, the study concluded that what is meant by the concept of the
title is attaching the ruling to the name of one of the names of the
subjects, and as for its authenticity, The most correct opinion is of the
majority and that is due to the strength of its evidence and due to the
weakness of what the sayers relied on. Those who say that, have laid
down conditions for applying it which do not, in their entirety, deviate
from the conditions for adopting the concept of disagreement in the
majority. Furthermore, from the analysis of the jurisprudence
applications, it became clear the invalidity of applying the concept of the
title in any of them, because they did not meet the conditions of applying
it. It was also shown that the branches of jurisprudence were affected by
the adoption of this concept due to its conflict with the legislative logic
and the restriction on branches in dealing with it, which may block the
door of ijtihad. Moreover, the consensus of the jurists in taking their
fundamentals into its authenticity appeared, and the inverse relation was
evident between the introduction of the concept of title and between the
principles of justice and the rules of ease in Islam.
