تجليات التقدم العلمي و الصناعي و أثره في فقه النوازل : النوازل المتعلقة بطهارة المرأة أنموذجا

Abstract EN

The earlier generation of the venerable Muslim jurists took considerable interest in the issues occurring to their Muslims societies, investigating new occurrences and introducing solutions closely in line with the conditions and living standards of the society in which they lived.

So, with contemporary scientific and industrial progress, there emerged social conditions that affect the rulings issued on many jurisprudential issues.

This has resulted in an urgent need for considering respective rulings and related Ijtihad towards bringing solutions that go in line with contemporary technological developments in various fields.

Given that Islamic Shari'ah is valid for all times and places, it can be invoked in adapting the jurisprudential rulings that have arisen in the world of contemporary scientific and industrial progress.

Such new rulings can be subjected to essential legal regulations.

Therefore, this study aims to illustrate the manifestations of contemporary scientific and industrial progress and its impact on the Nawazil (new occurrences that require new legal rulings), as well as the rule of jurisprudence in clarifying the objective of certain legislations regarding the purification rituals for women in particular.

It was necessary then that the research methodology involve induction and comparative analysis of the study.

Among the findings of the study is that modern scientific and industrial progress has a close relationship to the jurisprudence of Nawazil, that require appropriate solutions in a way materializing the objectives of Islamic Shari'ah meant to help the Muslim adapt to new occurrences.

Besides, scientific and epistemological development has largely contributed in revealing the wisdom behind legislations about ritual purification and the benefits of ablution and washing, especially in the time of pandemic outbreak (Covid-19).

Indeed, the changing conditions bear considerable impact on many of the Shari'ah rulings that are based on people's customs and habits, given that these changes require new legal rulings towards bringing about public interest.