حجية المصلحة المرسلة و اعتبارها بين المذاهب الأربعة السنية و مذهب الإمامية

الملخص EN

This article aims to highlight the jurisprudence sources including the Four Schools of jurisprudence and the Jafari school, investigating the dispute regarding the authority of Public Unrestricted Interest between the Four Schools of Jurisprudence.

The study employs the jurist and foundational adjustment approach through presenting the views of the Four Schools and the Imamate School, then the comparative analytical approach by presenting the views, analyzing and comparing them, and then weighing such views.

After the profound review of references, and jurist accounts and texts, the researcher concludes that the Public Unrestricted Interest at Islamic Schools of thought has a considerable value.

However, the non-acceptance of the Public Unrestricted Interest as an independent source for some schools does not mean that it is not included in their Ijtihad, and it can help us understand new topics or develop new laws.

The study concludes with a number of recommendations including: proposing a single definition for the Public Unrestricted Interest to prevent the differences among Islamic Schools respecting their essence.

Due to the contemporary social intricacies and modern issues, the researcher recommends the creation of a body that consists of experts and specialized scholars, which will be tasked with making Fatwas and legal views on the new and novel topics through the concept of the Public Unrestricted Interest.