عبقرية الفقه الإسلامي

عبقرية الفقه
في ندوة (الوفاء) الثقافية :
الدكتور خالد بن عبدالله المزيني يلقي محاضرة بعنوان : ( عبقرية الفقه الإسلامي )
الرياض : محمـد شلال الحناحنة
قدمت ندوة : ( الوفاء ) الثقافية محاضرة بعنوان : ( عبقرية الفقه الإسلامي ) ألقاها الدكتور خالد بن عبدالله المزيني عضو هيئة التدريس بجامعة الملك فهد للبترول والمعادن , وذلك مساء الأربعاء 12/1/1436 هــ , وأدار اللقاء المهندس محمد باجنيد , وحضرها حشد من الأساتذة والإعلاميين , والمثقفين , وجمهور من المحبّين والمتابعين .
معنى العبقرية
بعد حمد الله , والثناء عليه والصلاة على النبي الهادي الأمين شكر المهندس محمد باجنيد باسم عميد الندوة والده الشيخ أحمد باجنيد المحاضر وجميع الحضور على تلبيتهم لدعوة ( الوفاء ) ودعمهم المتواصل لها , كما حيّا المحاضر الدكتور خالد المزيني عميد الندوة وأبناءه وكافة جمهورها وروادها , ثم قال : تنسب العبقرية إلى أرض ( عبقر ) في اليمن , وهي أرض مسكونة بالجن كما قيل, وهي تعني أرض التميّز , والإدهاش ولأصالة , والقوة , وفي حديث أبي هريرة رضي الله عنه أنَّ رسول الله صلى الله عليه وسـلم قال : ( بينما أنا نائمٌ رأيتني على قليب , وعليها دلو , فنزعت منها ما شاء الله , ثم أخذها ابن أبي قحافة , فنزع منها دلواً أو دلوين , وفي نزعه ضعف والله يغفر له , ثم استحالت غَرباً , فأخذها عمر بن الخطاب , فلمْ أرَ عبقريّاً من الناس ينزع نزع ابن الخطّاب حتى ضربَ الناس بعطن ) .
ولا شك أنَّ في فقهنا عبقرية , ولديه ( وسائل عبقرية ) وقد أشار الدكتور أسامة عثمان إلى أحد علماء الاقتصاد الغربيين الحاصل على جائزة نوبل تحدث عن تأثير الرّبا على صرف النقود , فقال : ( النقود بالنسبة للاقتصاد مثل القاضي من كنزها بالمراباة , فكأنما سجن القاضي , فقلت هو سرق هذا من الإمام أبي حامد الغزالي الذي قال : ( التعامل مع النقود كالتعامل مع القاضي وحبسهما كحبس القاضي ) وهذا تميز واضح لفقهائنا , وفقهنا الإسلامي .

عبقرية فقهنا الإسلامي
وتحدّث المحاضر الدكتور خالد المزيني عن أبرز العناصر في عبقرية فقهنا الإسلامي منها :
1-إنَّ هناك نظريات وأفكاراً وحلولاً للمشكلات الاقتصادية والاجتماعية والسياسية نفذها علماء المسلمين .
2-كان تقدم الحضارة الغربية من خلال الفقه الشافعي والمالكي والحنفي والحنبلي .
3-القضاء الإنجليزي يعتمد على السوابق والوقائع التي قضى فيها , فتكون حجّة على القضايا المستقبليّة , وهذه الآلية أخذها من الفقه الإسلامي , مما يدل على سبق هذا الفقه !
4-من عبقرية الفقه الإسلامي أنه فقه جماعي وليس فردياً , بل يعتمد على الشورى .
5-أشار النبي صلى الله عليه وسـلم إلى عبقرية الفقه الإسلامي حين قال : ( إنَّ الله طبع الحق على قلب عمر بن الخطاب وعلى لسانه ) لأن ألفاظ عمر رضي الله عنه كانت مسددة وراشدة , وكانت موافقات الوحي لأقوال عمر مشهورة ومعروفة , وقد أجرى الله على لسانه من الحكمة مالم يجره على ألسة الآخرين .
6-أنكر ابن خلدون على العلماء المتأخرين بعدهم عن السياسة , سياسة الواقع التطبيقيّة , ففي أذهانهم أمور مثالية لا تطابق الواقع الذي يعيشه الناس , وقصة بئر طاليس الحكيم مشهورة إذْ كان ينظر ويتأمل السماء حتى تعثر وهو يمشي , فوقع في بئر , وسقط فيها , وقد رأته جارية في حاله هذه , فقالت له : يا حكيم إذا انتهيت من أمر الأرض فانظر إلى السماء ! , ويمكن القول في هذا الشأن (( إن في عقل كل عالم فيلسوفاً نائماً ))!!
7-الفقه الإسلامي , فقه الصحابة والتابعين والأئمة الأربعة هو فقه واقعي , فالوحي كان ينزل على الواقع في عهد الرسول صلى الله عليه وسـلم سواء في الاعتقاد أو في المعاملات أو غيرها , وهذا لا يعني أن فقهاء المسلمين كانوا معصومين عن القصور أو الخطأ بل هم بشر عندهم القصور , لكن المدارس الفقهية كافة كانت مدارس راشدة .
8-من عبقرية الفقه الإسلامي أنّه ليس مجرد مسائل منثورة أو أقوال هنا , وهناك , لكن هناك منظومة فقهية راسخة ينزل الحكم من خلالها , لذلك فالفقه الإسلامي هو نظام محكم بالجملة , وهو علم منسجم ومتكامل له أصوله وشروطه ولا يحتاج إلى مزيد من الإضافة في التأصيل والتنظير , ولو دخل الجاهل ليمتطي هذا الفقه لأظهر الفقهاء دون تردّد بعده عن الفقه .
9-رحابة الفقه الإسلامي واتساعه وتنوّعه , فهو ليس مسائل مغلقة , فلا يوجد كتاب يستوعب جميع الفقه , حتى وإن قالت المالكية إن في كتاب ( المدونة) جميع المسائل التي قد تقع أو تخطر على البال , فهذه مبالغة دون شك ! , وقد امتاز فقه أبي حنيفة بالانفتاح على الملل والنحل والأمم الأخرى في ثقافاتها المتعددة في العراق , ورفد الفقه بالتعليل ويميل الإمام مالك إلى الأثر في أصول الفقه , وأظهر لنا المصالح المرسلة , والاستحسان , كما رفد الإمام الشافعي الفقه بالعودة إلى الأصول في كتابه ( الرسالة ) من خلال الاستدلال والقياس والأدلة والبراهين , كما أثرى الإمام أحمد بن حنبل الفقه الإسلامي بالنصوص النبوية الشريفة , ونصوص الصحابة , وهو أعلم الأئمة بفقه الصحابة , وقد انصهرت هذه المذاهب الأربعة في بوتقة واحدة وهذه هي العبقرية .
10- ومن أعظم مظاهر عبقرية الفقه الإسلامي قدرته على التفريق والتمييز في جميع المجالات , وإيجاده للحلول والإجابات والمخارج الشرعية لكثير من المشكلات الواقعية العصرية .
11 – يتميز الفقه الفقه الإسلامي بالحلول الحضارية الصالحة الراشدة في أحكامه المتنوّعة الكثيرة , ولعل الحضارة الإسلامية هي حضارة فقه في معظم جوانبها .
12 – ومن عبقرية الفقه الإسلامي أنّه استطاع أن يمدّ العلوم الأخرى بأصول راسخة مثل علم النحو والصرف وغيرها .
دفء الحوار
أخيراً كان للمحاضرة صدى طيّبٌ في نفوس الحضور , ففتح المجال للحوارات والأسئلة التي أجاب عنها ضيف الندوة الدكتور خالد المزيني , وبدأها الدكتور إبراهيم الفايز الذي شكر عميد الندوة الشيخ أحمد باجنيند , وأبناءه جميعاً على دعوتهم وتواصلهم , كما شكر المحاضر على هذا الموضوع المهمّ جدّا وقال : لدينا عبقرية في الفيزياء وفي كثير من العلوم ومثال ذلك الدكتور يحيى أبو الخير في الفيزياء , وليس فقط في الفقه الإسلامي , في دولة المغرب حين زرتها وجدت إبداعاً في العمارة الإسلامية , فوقفت على فقه مالكي في الجامعات العالمية المشهورة في تأصيل العمارة الإسلامية , وكتب فقه النوازل تميز به الفقه المالكي عموماً , ويمكن العودة لمجلة ( الأحكام العدلية ) لقراءة نماذج راقية ورفيعة من هذا الفقه تدلّ على هذه العبقرية .
وتحدّث الدكتور يحيى أبو الخير عن القوانين الفقهية , كما سأل لم نستورد الأحكام من الغرب وعندنا هذه العبقرية , والأمثلة على ذلك كثيرة ؟! وسأل أحد الإخوة : هل يستطيع الفقه الإسلامي مواكبة هذا العصر في أسلوبه ؟! كما سأل : ما رأيك بالبنوك الإسلامة ؟ وهل يمكن أن يعبّر عن الفقه الإسلامي بلغة عصرية بسيطة مناسبة للجميع ؟! أما الإعلامي هيثم الأشقر فقال : في سوريا 23 رابطة لعلماء سوريا لم يستطيعوا تحويل فقهم إلى ثقافة تعالج مشكلاتنا ! وسؤالي : هل نستطيع إنزال فقهنا على الواقع ؟ فما العلاقة بين الفقيه والإعلامي أو التربوي , أو السياسي , أو الاقتصادي ؟ ! وأنا أطالب بأبحاث جادة تؤثر في واقعنا بجميع جوانبه !!
وأشار الأستاذ باهي محمود أنّ الاستبداد هو أكبر العوامل المدمّرة لاتناج الشعوب , وعلماء الأمة وفقهها .
كما سأل أحد الأساتذة : أين فقه التأصيل الذي يخاطب جيل المستقبل ؟! وهل العلماء هم بعيدون عن الواقع ؟! وسأل آخر : ما موقف الفقهاء المعاصرين من الفقه المقارن ؟!
وختم فضيلة الشيخ محمد بافضل بالشكر لعميد الندوة ولابنائه على جهودهم واختياراتهم الرّائعة لهذه الموضوعات ,داعياً لهم الله بالحفظ والسداد , ولجميع الحضور , وللمملكة , وللأمة الإسلامية جمعاء !
نافذة على الشعر
وفي الختام , أصغى الجميع لقصيدة ( معراج الوصول ) للشاعر المبدع الدكتور عمر خلوف , وهي تحكي بطولة ( غزّة الأبيّة ) التي دافعت عن شرف الأمّة أمام أعتى قوّة باغية وهي دولة الطغيان اليهودية الإرهابية المجرمة في الحرب الأخيرة قبل أشهر قليلة , واستطاع الشاعر بصوره الشعرية المحلّقة أن يخاطب وجداننا , ويثير عواطفنا وعزيمتنا لجهاد أعداء الأمّة , مهما تكالبوا عليها , كما رسم لنا صورة صادقة معبرة عن جهاد إخواننا في غزّة الشموخ والبطولة وقد نالت القصيدة إعجاب جمهور الندوة وروّادها .

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