ضوابط توظيف المقاصد في الفتوى

الملخص EN

This research revolves around the rules that must be applied in the process of using Shari’a Purposes in issuing Fatwa (an Islamic ruling on a given point of law).

It also handles the jurisprudence issues resulting from that ruling.

The researcher explained the importance of considering Shari’a Purposes in issuing Fatwa and the evidence supporting it on the basis of the Holly Quran, Sunnah, accurate analogy (Qiyas), and the opinions of Islamic Scholars (May Allah grant their souls mercy and forgiveness).

Moreover, the researcher mentioned the most important rules that must be applied when jurists use Shari’a Purposes in issuing their ruling (Fatwa).

These rules which are meant to save Fatwa from being misdirected fall into two categories: general and specific rules.

The Researcher then illustrated these rules through practical examples that explained the way Shari’a Purposes must be used in the process of issuing Fatwa.

Failing to apply these rules will lead jurists away from the correct path and will result in wrong judgments and opinions that are claimed to be compliant with Shari’a Law.

Furthermore, the researcher invalidated the claim of some jurists that were based on a wrong usage of Shari’a Purposes.

After the practical authentication study, the researcher concluded that Shari’a Purposes are the objectives that put Islamic rulings in place to be fulfilled.

He also concluded that the application of Shari’a Purposes must be regulated by certain conditions that cannot be neglected or overlooked.

It was revealed that Islamic legislation issues rulings only to realize people’s interests, and that the objectives sought by Shari’a are diverse but are subsumed under one purpose on the basis of which all rulings are derived, which is the realization of people’s interests in this life and in the afterlife.