قاعدة كل مجتهد مصيب و تطبيقاتها في السياسة الشرعية : كتاب "الأحكام السلطانية" للماوردي نموذجا

الملخص EN

This article is part of contributing to the renewal of the research methodology in the science of Islamic politics and linking it with its jurisprudential principles.

Where the researcher starts from the issue of injury and error in ijtihad, which is an issue that undoubtedly has implications and repercussions at the level of jurisprudence branches, and from these branches the Imamate's investigations.

The researcher tries to remove the ambiguity and confusion that characterized the fundamentalist disagreement in it, and to determine what he deems right and then moves on to the research of legal policy and through the Book of Royal Rulings of Mawardi applies the rule that he adopted in the fundamentalist part in general and in detail, and here he discovers a perfect harmony between what was decided in the fundamentalist part and what It resulted in an analysis of the opinions of political jurists on some issues of the Imamate, and in the meantime the researcher showed the importance of the difference of jurists in matters of constitutional policy for the guardian, as well as the researcher was able to determine the most important controls that the guardian relies on in his juristic choices when there are multiple opinions, entanglement, multiple interests and opposing them.

key words: Alaijtihad; purposes; Determination and scertaining the effective cause; Constitutional legal policy.