The Shariah regulations for stopping work with the texts of the Quran and Sunnah

The Islamic Jurisprudential Controls for Stopping the Application of Quranic and Sunnah Texts Ezzat Rabi Mjawir Salim Al-Jarhi Title of the book: The Islamic Jurisprudential Controls for Stopping the Application of Quranic and Sunnah Texts Publisher: Dar Al-Tadhamuriyah - Riyadh Year of printing: First edition - 1431 AH Number of pages: 615 Type of the book: The original book is a master's thesis in Islamic law submitted to the College of Dar Al-Uloom - Cairo University - Department of Sharia Introduction to the subject of the book: Islamic law came to bring benefits to humans, and to ward off harms from them, so it is a light by which travelers are guided, and a guidance by which the guided are guided. In delaying its rulings, the condition of the nation becomes disturbed and miserable, so it is not permissible for any human to delay, cancel, or stop its application permanently. Rather, it is only temporarily halted with Islamic controls, and this stoppage is owned only by princes and scholars such as muftis and judges under their conditions. Some scholars and researchers have paid attention to studying these controls, clarifying their conditions, and discussing them with legal evidence derived from the Quran and Sunnah. Among the books written in this regard is this book in our hands, where the author clarified that the permanent stoppage of a text is its cancellation and annulment, which is not achievable. He also explained that the condition for temporary stoppage is to prevent people from erring, and he outlined the controls based on which some texts can be temporarily halted if the condition for stoppage is met. The researcher followed a scientific method in dividing the book, dividing it into an introduction, three chapters, and a conclusion, with subdivisions into sections, topics, and demands. In the first chapter, which contains five sections, he discussed foundational preliminaries in a study approach, starting with an introduction explaining the reason for presenting these preliminaries. Then he defined some important terms such as text, analogy, ijtihad, and interpretation, among others. He then discussed the Quran, defining it, mentioning its authority, characteristics, its authenticity and readings, its miraculous aspects, and its indications of rulings. After that, he addressed the Sunnah, defining it, mentioning its authority and types. He then discussed the concept of the Mursal (unconnected) interest, defining it linguistically and terminologically, and mentioning its authority and conditions for application. He also discussed the objectives of Sharia, the relationship of the Mursal interest with them, and the possibility of conflict between them. Then he moved on to talk about custom (known as 'urf'), defining it, its types, rulings, and its relation to the interest. Next, he moved to the second chapter, dividing it into an introduction and four sections. He began by defining 'waqf' (endowment) linguistically and terminologically, and clarified the purpose of the research. Then he discussed the concept of waqf historically and in modern times, mentioning its understanding among the Companions and scholars, its relation to the Mursal interest, its relation to the disappearance of the place and the loss of conditions, and its relation to interpretation and custom. He also discussed its concept among contemporary scholars, mentioning those who advocate for permanent waqf, and then explained that the old scholars did not address permanent waqf in terms of wording or meaning. He discussed the authority of waqf, listing the conditions for the validity of temporary waqf, and clarified that permanent waqf has no authority, is forbidden, and that its advocates are considered disbelievers. He then addressed the scope of the permissible waqf, mentioning waqf in transactions and their various objectives, providing examples of waqf in transactions, and discussing waqf in Islamic politics with examples. In the third chapter, he discussed the controls of Islamic waqf and the conditions of the waqif (endower), in two sections. The first section began with an introduction defining each of the control, rule, and theory linguistically and terminologically, and clarifying the differences among them. Then he discussed the controls of Islamic waqf, dedicating each control to an independent discussion, analyzing each thoroughly. He concluded by mentioning the endowers and their conditions, clarifying those in authority over waqf, namely princes and scholars, and listing the conditions required for rulers, judges, and muftis. Finally, he concluded the book with a summary of the most important findings and recommendations. This book is the fruit of tangible effort, and we pray to Allah that it is written in the balance of the author's good deeds, and that it benefits others.