Quraysh condition for general jurisdiction Comparative jurisprudence lesson

Abstract

The issue of the Qurashi lineage as one of the conditions of the major guardianship is one of the most accurate issues in affecting the most profound phenomena in impact and action in life. By the rule of law, security, justice, advancement, construction and the manufacture of civilization are valid, and it is sufficient that it is part of the fabric of Islamic political theory, and the relaxation of its foundations carries loud and influential connotations.

Despite its importance in the structure of jurisprudence research, it is not one of the determinants of thought, nor what dried up the ink and sealed it with diligence, the door of its research is legislated according to the regulations of Sharia and the law of jurisprudence consideration.

The study adopts the multidimensional scientific method; It employs the descriptive approach in editing the contents of the research in its form in the jurisprudence blog, and takes analysis in the materials of transfers and pilgrims, and uses the methodology of criticism and re-editing where the content items imposed that.

The holding of this research was organized in defining the terms condition, Qurashi, and general guardianship, then presented the most important things that were said in the matter, including the evidence and the faces of the connotations, and summarizing that in the respected schools of jurisprudence, then balancing, analysis, discussion and weighting, bypassing the usual patterns in presentation to reach the thresholds of easy drafting while adhering to the laws of writing. Scientific and its origins.

The research reached important results, the most important of which are:

In the texts that most jurists inferred from, it can be considered as a preliminary entry to the weighting of the saying that the condition of the Quraish is not definitive or absolute, and its understanding is not correct, cut off from the contexts of the cause and the governance of the intent.

Among the impediments to establishing the Quraysh condition are the evidence of the universal principles drawn up by other texts that codified social justice, the criteria of preference, the division of ranks, theorizing of hierarchies imposed by the constraints of time and place, and the parallel accounts of Quraish texts that tell of the transfer of power from Quraysh to others.