الاستدلال الخاطئ باجتهادات الخليفة عمر بن الخطاب رضي الله عنه في تقديم المصلحة على النص الشرعي : جمعا و دراسة نقدية

Abstract EN

This research presents a critical study of the erroneous inference of the jurisprudence of the Companions, may Allah be pleased with them, in justifying arbitrariness in working with “almaslaha” and wasting the legal text.

It is an important topic that needs research and study from the fundamentalist side in particular.

The reasons for the research are realistic, including that modernist views have appeared, inferred incorrectly by the interpretations of the Companions in setting false rules, the most prominent of which is the prioritization of “almaslaha” over the legal text.

The research aims to: collect the interpretations of the Companions, which are employed incorrectly, and study them, and provide the correct and proper guidance for them.

The research aims to fill the scientific gaps that exist in previous studies on the topic of research, especially with regard to the fundamentalist aspect.

As for the scientific methods adopted in the completion of this research, they are the inductive method and the analytical descriptive method.

The research also reached important results, including the innocence of the Companions, may God be pleased with them, from canceling the legal texts, and the research also proved the superficiality of the modernists' inferences and opinions, and the audacity to question definitive, erroneous perceptions, selectivity, distance from objectivity, and jumping on postulates and contexts.

The correct historical and methodological imbalances invalidate their alleged theory of prioritizing the interest over the text.

The research also came up with a number of important scientific recommendations.

Key words: views, companions, Omar bin Al-Khattab, interest, legal text, inference of the modernist.