چکیده:
Despite the fact that the science of Usul al-Fiqh is studied for the derivation of Sharia rulings, students during their studies do not engage in applying the science of Usul to Fiqh; as a result, its functionality is not apparent. This research attempts to fill this gap so that the application of Usul in Fiqh becomes visible. In this article, we have addressed a comparative study of the three terms: Shar'i reality, Mutashar'i reality, and Urfi reality, and their application in the commentary of Lum'ah, and we have explained the positions that Shahid Thani has contested regarding the reasoning for these terms, so that the importance of the discussions of Usul is understood.
خلاصه ماشینی:
2. The view of Shahid al-Thani: Taharah in the Holy Sharia, assuming that we consider Shar'i realities to be established (in religious terms), consists of the use of Tahur (water and soil) provided that it is accompanied by intention (qasd al-qurbah).
, have their own technical Shar'i meanings, and we know that these technical meanings before Shahid al-Thani, Zayn al-Din bin Ali, Muhaqqiq Muhammad Kalantar, author Muhammad bin Makki Shahid al-Awwal, 1410 AH, al-Rawdah al-Bahiyyah fi Sharh al-Lum'ah al-Dimashqiyyah (10 volumes), Vol. 1, p.
1 Furthermore, the apparent text of Shahid al-Awwal is that the intended meaning of "Shar'an" is the Shar'i reality, but as previously mentioned, the majority of the companions (As'hab) hold that the intended meaning of "Shar'an" is the Mutashar'i reality; for this reason, the commentator has expressed doubt and stated that according to the establishment of the Shar'i reality, its definition is as such, because two views exist.
" The commentator's reason is that the plural form—whether it is a plural of paucity or multitude—in language and general custom (customary reality) is applied to the number Shahid al-Thani, Zayn al-Din bin Ali. Muhaqqiq Muhammad Kalantar.
373 The reasoning of those who hold the first theory is that the word 'ancient' (qadim) is a legal usage in the sense of a legal reality (haqiqah shar'iyyah), meaning something that has existed for a period of six months; therefore, no distinction can be made between applying this term to an owned object or to other property (charity).
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