تطوير دليل الإجماع عند السنهوري

Abstract

Development of Al-EjmaaAccording to the Opinion of  Al- Sanhouri

Assistant lecturer Kasim H. Resan

Master in private law - Civil Law, College of Law - University of Kufa

Kasimh.resan@uokufa.edu.iq

Abstract of the Research

The professor Abdul Razak Ahmad Al-Sanhouri wasthe most prominent jurists in the modern era, especially in the area of legislation.He put many Arab laws, such as the Egyptian, Iraqi, Syrian and Libyan civil laws.He was carrying a project to codify Islamic jurisprudence in the civil law.Therefore, he called for the development of Islamic jurisprudence to keep up with contemporary rationing requirements, especiallyto developthe proof of Al-Ejmaa, to take the form ofmodern Parliament.

In order to cover this topic, we studied two points;the first wasthe steps of Al-Sanhouri to develop the proof of Al-Ejmaa and the second, wasthe opinion of the Islamic doctrines about these steps.

The research found several results, such as-:

1)                    The proposal of Al-Sanhouri to develop Al-Ejmaa is unacceptable according to the most of the Islamic doctrines

2)                    We found that the idea of making Al-Ejmaa, as modern  Parliament was impractical idea.