الوسطية و علاقتها بالاجتهاد الفقهي : دراسة تأصيلية تطبيقية مقارنة

الملخص EN

Department of Comparative Jurisprudence, Faculty of Sharia and Law, Tafahna Al-Ashraf - Dakahlia, Al-Azhar University, Egypt.

E-mail: Ahamedaleraky.31@azhar.

edu.

eg

Achieving moderation in jurisprudential ijtihad has become a requirement for all Muslims, as Muslims are fed up with the tightening of the hardliners and the leniency of the lenient, which made the Muslim hope to clarify the ways that achieve moderation in jurisprudential ijtihad, after explaining the reality of ijtihad and its conditions.

The jurisprudential ijtihad is not available to everyone, but to those who fulfill its conditions, and these conditions are not tawqif, rather they are ijtihad, so some conditions may be added to them taking into account the circumstances of each era.

In all of this with the jurisprudence of reality and purposes.

One of the most important ways to achieve moderation in jurisprudence is: limiting the right of fatwa to a group of mujtahids, and following the fatwas that may be correct by correcting and denying them, knowing that there is a difference between denial of the violator and his reprimand.

With an explanation of the reasons for denial, as for violence, it is: blame, reproach and reprimand, the first is required and the second is rejected.

There are issues of Islamic jurisprudence, some of which are agreed upon and some of which are different, and each of these two types has ways to achieve moderation in ijtihad.

The Holy Qur'an has contained the principles and general rules of Sharia, without enumerating all the calamities until the Hour of Judgment; to the impossibility of it.

Islam is not only a spiritual religion, but it is a religion and a state at the same time, creed and worship, treatment and politics.

Just as it regulates the relationship of man to his Lord, he regulates his relationship with himself and with others.

Keywords: Moderation, Diligence, Rooting, Application, Jurisprudence.