قاعدة "الأمور بمقاصدها" و تطبيقاتها في فقه الأحوال الشخصية عند الإباضية "باب الأسرة أنموذجا"

الملخص EN

This study's importance appears in highlighting the extent to which the Ibadi scholars, in the past and present, pay attention to the consideration of intentions, estimation of the purposes, and the extent to which they activate the rule of "matters are evaluated based on their purposes" and its jurisprudential branches in the personal status chapter.

In addition, the current investigation intends to highlight the intentional thought and teleological consideration transmitted in their fatwas, and present in their judgments, attempting to provide a scientific answer to the problem of the extent to which the Ibadi jurisprudential mind celebrates the intent in the Ijtihad, and the extent to which it relies on intention when considering the actions of the servants.

After a digging deeper into the Ibadi doctrine literature, both old and recent, the study concluded that the scholars considered the intention as the basis of actions, and the purpose as the axis of deeds be it in being or nothingness; whenever the intention and the purpose are available the action is found and the deed is proven, and whenever the intention and the purpose are ent the action ceases to exist and the deed was insufficient.

As a result, the rule of "matters are evaluated based on their purposes" and its derivatives were present in the Ibadi scholars' view and firmly rooted in their thought.

Moreover, this rule is considered the leading factor determining the direction of the Ibadi jurisprudential diligence and an honest compass controlling its conclusions.