مبدأ سد الذريعة و تطبيقاتها المعاصرة

الملخص EN

This research discusses the important issue in Fiqh (Islamic jurisprudence), namely, sadd ad dhari‛a and its contemporary applications.

The study includes an introduction, four subject areas, and a conclusion.

The first subject area presents the definition, justification and legitimacy of sadd ad dhari‛a.

The second subject area discusses differing viewpoints on the part of the fuqaha (Islamic legal scholars or jurists), concerning the types of sadd ad dhari‛a rulings and compares these.

The third subject area presents the opinion of the ‛ulama (Islamic religious scholars) concerning the principle of sadd ad dhari‛a, including the disparity among jurists in applying certain rulings, the reason for their differing opinions, and provisions that require sadd ad dhari‛a.

The fourth subject discusses the contemporary applications of sadd ad dhari‛a.

The researcher reaches the conclusion that there is legal pretext for sadd ad dhari‛a based upon it original legitimacy traceable to the Holy Quran, Sunnah (sayings and doings of the Prophet Muhammed (PBUH)), and the acts of the companions.

If a permissible act, in principle, leads to a prohibited one, it must be prohibited based upon the sadd ad dhari‛a principle.

It is important for the fuqaha to derive rulings from Sharia (Islamic law) texts, which have an important role in people's lives and prove Islam’s validity for all time and in every place.