منهجية الاستنباط بين النصيين و المقاصديين : مسائل من فقه المعاملات نموذجا

الملخص EN

In the name of Allah, the Most Gracious, the Most Merciful, may allah exalt greet and bless our master and liege Lord Muhammad and his friends till the day of judgment , Surely the methods and the ways of choosing the texts has a great influence on understanding and apply them to daily life .

Because the religious texts the base and the origin of general life we need to understand and explain them in the light of the laws and wisdom if not we won't be able to get to the point where Allah wants us to get.

And this way we will be facing some dogmatic texts and a very shallow understanding of them This understanding makes people run away from religion and living it In fact we are facing this because of the logic of the old and new dogma minds and it is obvious that this has a great danger both practically and theorically In the same time there is another thought opposing this thought that over accept and works the (maqasid) of the texts that lessens the holiness of the texts But in between these tow thoughts there is a mid range one which isn't over accepting nor over strict on the looks of the texts and also dose not disobey the Lord.

This so far is the best program to go on the way that prophet Muhammad and his friends had walked on We in this research have tried to explain these 3 thoughts and their positive and negative sides and then with practical examples we have explained (al zahiri and Maqasid) thoughts And in the end we have provided the most important results wishing that we have given our message to those who will read it May Allah add it to the balance of our good deeds.