العقل بين أهل الفقه و أهل الأصول

الملخص EN

Based on the results of this study, the main findings can be summarized as follows: - To only talk about the mind is not an easy matter, as Imam Jouini said, nor could be delimited as Imam Al-Ghazali said - Quran did not paid too much attention to what is the mind alone; his main interest was in his function and this is what explains the total absence of the word "mind" in the Quran, while mind was use for tranquility and serenity.

Also Quran did not mention mind except for glorifying and use it, and following his judgment.

- Based on some Quran and Hadith’ statements, the site of the mind is the heart.

Modern science has also proven that mind is located in the heart and not in the brain.

Doctors’ specialists in heart transplant operations have also indicated that heart contains hormones which send messages to the whole body and that the function of the heart is not just pumping the blood.

- A general consensus among Muslims revealed that mind is the focus and the main condition for assignments and no duties could be assigned to a non-conscious person who cannot understand the commandments and implement them.

- Mind is not a governor or legislator nor a Sharia law maker, but it is a sign and indicator of those Sharia laws.

- Muslims unanimously agreed that the ruling and commander is Allah, and that the mind does not have to initiate provisions, nor to put assignments.

However, some scholars consider the mind as a separate prove and arguments not as a legislator.

This was agreed by all Sharia Scholars.