تحقيق المناط و أثره في فقه الأقليات

Abstract EN

It is no secret that identifying the purpose of the legal judgment is not merely a diagnosis of reality ، but rather the association of the legal judgement to reality after pinpointing the components, elements and conditions of that reality.

Thus, the problem that is to be discussed in this research is concerned with the status of Muslim minorities in the West; therefore, the reason that might influence the legal judgement here is knowing the status, systems and laws of that society in which those Muslim minorities live.

In addition to knowing the status of the Muslim minority in terms of weakness, strength, poverty, wealth, learning and illiteracy and the extent of its flexibility, toughness, philosophy and its background in dealing with that society.

Therefore, this research entitled «Identifying the purpose of the legal judgement and its impact on the jurisprudence of Minorities.» This research is divided into three main topics: 1) Identifying the purpose of the legal judgment.

2) the jurisprudence of minorities.

3) the impact of identifying the purpose of the legal judgement on the jurisprudence of minorities.

In investigating scientific issues, I adopt the analytic, inductive, teleological approach, and in identifying the purpose of the legal judgment on the jurisprudence of minorities, I adopt the applied approach.

The findings of the research are as follows: 1.

The jurisprudence of minorities is based on partial texts that apply to current issues in the West that the Islamic majority does not have that same legal judgment on such issues.

2.

The jurisprudence of minorities is not equivalent to the jurisprudence of licenses, but it is jurisprudence that is based on the jurisprudence of the objectives of Islamic Sharia, the jurisprudence of reality, the jurisprudence of Mwazanat (balance) and the jurisprudence of Ma'alat (end-results) Keywords: The purpose of the legal judgement, The identification of the purpose of the legal judgement, the holistic rule, the jurisprudence of the minorities, the Islamic minorities.