الدوران كمسلك من مسالك العلة : دراسة أصولية تطبيقية

الملخص EN

This study examines one of the most significant ways, which is called the alternate method (maslak al-dawaran), by which the cause (al-‘illah) of legislation (hukm shar‘i) is determined.

This means that a legislation is determined by the presence or absence of a particular property; i.e, wine is prohibited because of the presence of the property of making someone «drunk» while if this property is absent then it is not.

Therefore, the dependence of legislation on the presence or absence of a certain property shows that the property itself is the cause beyond such a legislation.

Thus, the researcher examined how this method is defined, its principles, stipulations, subcategories and the scholars’ viewpoints of whether it is one of the methods by which a cause of legislation can be determined or not.

Moreover, the debate among scholars concerning this issue and their evidence are discussed.

Finally, a number of various applications that show how this method can be used to deduct Islamic legislations via applied Fiqh are provided.

It appears most likely to the researcher that the method (maslak al-dawaran) is one that deserves to be taken into consideration by the legislative law of Islam.

The study ends up with a conclusion and some recommendations.