كليات مقاصد التشريع الإسلامي و معايير الترجيح بينها

الملخص EN

Essentials of the Objectives of the Islamic LegislationAnd the Standards of Prioritization Between Them The Islamic Legislation was put in place to achieve illustrious objectives.

The objectives are defined as “the wisdoms observed from the establishment of Islamic laws on a general or specific basis”.

The scholars have categorised these objectives based on different considerations; most of the early scholars who discussed the essential objectives narrowed them down to five essentials, namely: religion, life, lineage, intellect, and property.

Some tried to add other objectives as they believed the latter was from the necessities, and that there was no consensus on a specific order of the five essentials, even though there was a consensus on them generally.

A researcher who looks at the discussion of the scholars who undertook its explanation would observe that there is an apparent difference in opinion regarding the prioritization of the essentials, which goes back to the difference in their points of view towards it because of the different rulings found related to it.

Through the examination of the scholars' resolutions regarding this matter, we can say that the difference between them is confined to the prioritization of that which is religious over that which is worldly; so, while most are inclined - in theory - to prioritize the first over the second, some are inclined to the opposite and thus prioritize the worldly over the religious.

From among the most important findings of this research are that in theory the scholars differ in the order of the five essentials of the legislation due to scholarly discretionary considerations.

As for in practice, there are many specific issues that do not comply with what the scholars have established and advocated as principles.

Another finding is that the prioritization of the essential and non-essential objectives and its appurtenances is largely a scholarly discretionary matter.