النسخ عند الاصوليين وعلاقته بمقاصد الشريعة

Copying among the fundamentalists and its relationship to the purposes of Sharia

This research deals with the subject of “Abrogation of Hukum (Naskh) According to Fundamentalists and its Relation to Shari’ah Purposes”. It explicates the concept of Shari’ah Purposes; the concept of Abrogation (Naskh) with its conditions and purposes; and the relation of Naskh with gradation in legislation and its relation to legislative miracles and straitness removal (daf`al-haraj ). Also, this research explains the Islamic laws subject to and not subject to Hukum Abrogation; abrogation (Naskh) types and their relations to Shari’ah Purposes: Explicit abrogation and implicit abrogation; abrogating Hukum but keeping the verse recitation; abrogating verse recitation but keeping Hukum; replacing Hukum with another one or just changing Hukum degree: Moving to a higher degree of Hukum, lower one or even equal, etc., and the relation of each type with Shari’ah purposes