قواعد الاجتهاد والتقليد في ولاية القضاء وأدب القاضي عند ابن الرفعة في كتابه كفاية النبيه

Abstract

The sub-application of the principles of jurisprudence should occupy a large part of the interest of those concerned with jurisprudence studies; and one of the most effective and most successful ways is to dive into the depth of the jurisprudence books to follow the practice of it by senior jurists. This research aims to highlight the fundamental rules related to the investigations of ijtihad and taqlid on which the jurist Ibn al-Rafa’ pointed out in the chapter (Jurisdiction and Judge’s civility) from his precious book “Kifayat al-Nabih in explanation of the warning”.

The research consisted of an introduction which highlights the importance of the topic, the reason for choosing it and the research methodology. A preface which includes two demands, the demand for the translation of the explainer and the demand for defining the vocabulary of the title. The preface section which is followed by five chapters, and finally a conclusion.

The researcher used the inductive and deductive approach as he studied the fundamentalist rules contained in the aforementioned chapter. Then he discussed them with previous studies, analysed them, and finally categorised them.

The findings of this study revealed that the book “Kifayat al-Nabih” is one of the jurisprudential books which with doubt deserves taking care of. Second, the method used by Ibn al-Rafa’ in his explanation is based on analysis, complementarity and inference. Third, Ibn al-Rafa’s opinions are based on his own analysis, or based on what has been transferred from others, and the final result is that Ibn al-Rafa’ always checks the accuracy of his work.