فتح القهار في منع البناء في حريم الأنهار للشيخ العلامة عيد بن علي القاهري الشافعي الأزهري المعروف بـالنمرسي ت: 1140هـ. دراسة وتحقيق د. عيسى بن سلامة العصلاني

Abstract This study presents a critical edition of the manuscript Fath al-Qahhar fi Man' al- Bina' fi Harim al-Anhar by Shaykh ʿEid ibn ʿAli al-Nimrusi al-Shafiʿi, with the aim of highlighting its scholarly and juristic significance. It examines the Islamic legal rulings governing construction in (harim al-anhar), investigates the legal validity of endowments (awqaf) established therein, and analyzes the juristic rulings concerning mosques constructed within such areas. The study further seeks to preserve and document the manuscript’s legal content through the preparation of a reliable critical edition in accordance with established principles of manuscript editing. The research is based on the only known extant manuscript copy. The text has been transcribed in accordance with modern Arabic orthographic conventions, while Qur’anic verses and Prophetic hadiths have been fully referenced and authenticated. Juristic opinions are documented from their original sources, proper names are identified, unfamiliar terminology is explained, and passages requiring clarification are critically annotated. The study also compares and analyzes the opinions of jurists across the major schools of Islamic law. Key Findings: The study concludes that jurists unanimously prohibit construction within (harim al-anhar) whenever it causes public harm or obstructs the intended use of the river. Any structure unlawfully erected within the protected zone must be removed, even if it is a mosque. The study further establishes that the endowment (waqf) of a mosque built within the river’s protected zone is legally invalid. Moreover, it demonstrates that the author substantiated these rulings by drawing upon the opinions of jurists from the various schools of Islamic law, with particular reliance on Shafiʿi authorities. Finally, the study underscores the importance of editing and publishing juristic manuscripts, as they preserve valuable legal discussions and provide authoritative guidance on issues that remain relevant to contemporary jurisprudence and endowment law. Keywords: Fath al-Qahhar; critical edition, Harim al-anhar, construction, waqf, Eid ibn Ali al-Nimrusi.

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