وسائل المقاصد بين الثبات والتغير

الملخص EN

The provisions of Islamic Shari’s carry noble objectives that elevate human society and elevate it to the highest degree of humanity.These objectives possess means for achieving them since these means are the practical mechanism to implement the objectives of the wise legislator.

The distinction between objectives and means is very important.

Objectives have their own content and properties and means have their own different properties and ways too.

Mixing them leads to a failure in understanding the provisions of Shari and a defect in the deduction of jurisprudence branches.

legitimate objectives are, in fact, the principles and foundations of sharia’;and are therefore not subject to change or substitution, otherwise the foundations and construction of sharia’ will collapse .

The means of Islamic sharia’ are inferior to objectives belonging to them and falling with their fall.

It is because these means are not often intended for themselves, but for the objectives and targets that have been legislated to achieve.

On this account, the means in Islamic sharia” are divided into two sections: the constant that do not change or switch and if these are the means prescribed in texts ,worshipped by their doing , or if they came with peremptory evidence.

The other type is subject to change and substitution if these means are the ones which people are silent about, not worshiped by doing or not confirmed by peremptory evidence .

All this if such means can not achieve the religious objectives intended to achieve, and other means are found better able to achieve these religious objectives.