TA’ATHAR RABT AL-FURU’ BI AL-USUL BIN NASH’AH AL-FIQH WA USULIHI [THE IMPORTANCE OF LINKING BRANCHES TO FUNDAMENTALS IN ISLAMIC JURISPRUDENCE (AN ANALYTICAL STUDY)]

Abstract

Abstract: Linking branches to fundamentals and build on them is very important for whom setting himself up to doing fatwa and judgment and decision the provisions of jurisprudence; specially in this age which happened many issues that never happened before in old scholar's time and they don't have any hint about them, accordingly, obligate that the shariah's student linking branches to fundamentals and apply on issues to reach to their provision's jurisprudence. The problem of this study lies in lack of interest in linking branches to fundamentals and its applications on legal issues. We often find those who write in the jurisprudence and they neglecting the matters establishing and their applications, and sometimes we find some books have very few examples and without evidences and establishment, that make student just memorizes the matters of branches without knowing their evidences and fundamentals, and leads him to haven't the juristic aptitude to know the emerging issues when appear, and should be knowing invalidity of specialization in one of them in isolation. In this study, the researcher aims to a statement of the reality of fundamentals and branches, and they shouldn't be separated, to create a fundamental jurists have aptitude extract new provisions from stable fundamentals. The research methodology is the analytical desk approach. Research concluded the importance of linking fundamentals to juristic branches and understand them comprehensively, to make universities and shariah schools build a diligent scholar are able to handle with cases and deriving the new provisions, and accommodate them according to juristic fundamentals interest demand.