دلالة النهي في المذاهب الفقهية

This research is a comparative uṣūl al-fiqh (principles of Islamic jurisprudence) study that focuses on the concept of "prohibition (nahy)" in the four major Islamic legal schools — Hanafi, Maliki, Shafi'i, and Hanbali. The study aims to explore the various implications of nahy within these schools, as well as its applications in acts of worship (ʿibādāt) and transactions (muʿāmalāt), while linking it to both maqāṣidī (teleological) and historical dimensions. It demonstrates how nahy has served as a central tool in the derivation of Islamic legal rulings (aḥkām shar'iyya). Significance: The study addresses emerging issues such as dealing with digital currencies when they involve uncertainty (gharar). It contributes to the unification of juristic methodologies and provides maqāṣid-based tools for independent reasoning (ijtihād) that facilitate the derivation of flexible rulings aimed at realizing benefits and preventing harm. This enhances the understanding of Sharīʿa as a dynamic and living system. The research arises from the ambiguity surrounding the meaning and interpretation of nahy across the four schools, which has led to differences in taklīfī (obligatory/prohibitory) and waḍʿī (validity/invalidity) rulings. These differences hinder the formation of unified juristic opinions on new issues, such as digital currencies. This study seeks to remove this ambiguity in order to facilitate the derivation of unified, maqāṣid-oriented rulings. The study explores the multiple connotations of nahy — including prohibition, reprehensibility, and guidance — and analyzes the juristic differences regarding whether nahy denotes prohibition or merely discouragement, as well as its implications for the validity or corruption (fasād) of acts of worship and transactions. It applies these discussions to both classical and contemporary legal issues and connects nahy to the higher objectives of Islamic law (maqāṣid al-sharīʿa): the preservation of religion, life, intellect, lineage, and property. The study also traces its historical development from the Companions to al-Ghazālī, al-Rāzī, and al-Shāṭibī. The research begins with an introduction defining nahy and highlighting its jurisprudential role, followed by three main chapters: Chapter One defines nahy linguistically and terminologically, identifies its forms — explicit (e.g., "lā tafʿal" — "do not do") and implicit (such as curse or threat) — and details its core implications and requirements (immediacy, repetition, and its effect on validity or corruption). Chapter Two analyzes the juristic disagreements concerning whether nahy implies prohibition (the majority view) or mere reprehensibility (based on contextual indicators). It also examines its impact on invalidity — whether absolute, as held by the Shafi'i, Maliki, and Hanbali schools, or conditional, as maintained by the Hanafi school. The chapter distinguishes systematically between taklīfī and waḍʿī effects and provides comparative insights into the different positions. Chapter Three applies the implications of nahy to various legal cases in acts of worship — such as the validity of prayer during prohibited times or in forbidden places, and fasting on prohibited days — and in transactions, including contracts involving gharar, invalid conditions, invalid marriages, and the use of usurped property.