أثر مقاصد الشريعة في فهم المنهيات في السنة النبوية و تنزيلها على أفعال المكلفين

Abstract EN

The title of the intervention: The effect of the purposes of Sharia in understanding the prohinitions in the Sunnah and its applying on the actions of legally commissioned persons.

summaryThe intent of the orders in legislator texts is to bring interests, and of the prohibitions is to ward off evil.

And the prohibition: is what is intended by the forbiddance and it is what is intended to be the abhorrence (karahah), and it may be meant by the generality, and it may be meant by the restriction and particularity, and it may require the voidness of the prohibition, so it does not have its effects, and it may not require that, and the action is corrected with the sin, and the prohibition may be entrusted with a fixed intention that does not accept change and may be entrusted with a variable intent, the legal ruling changes by changing it.

It is not possible for the jurist to distinguish between what is mentioned except by understanding the intention of the Prophet, blessings and peace of Allah be upon him, from his prohibition by referring to the presumptions that surrounded it and the position in which it was narrated, and thus, it is an accurate understanding and a proper applying, by which it defends the nation from hardship and stubbornness, and he preserves it from loosening and escapism, so there is neither excessiveness nor negligence in understanding the guidance of our Prophet (BPUH), especially what is attached to his prohibition.

And who does not realize this, he will fall into the sliding of excessiveness and negligence that Allah forbids us in His saying: “And don't say for what your tongues describe of liyng: this is permissible and this is forbidden to slander a lie to God”.

(Nahl: 116).

And the most important thing that I have concluded is that there is no way to understand the prohibitions for their true nature except by combining between the awareness of the speaker's intention of his prohibition and the implementing the rules for interpreting texts, and whoever violates one of them, he had misunderstood and had misapplied.