إشكاليات علم المقاصد بين التأسيس و التأصيل

Abstract EN

This paper deals with the problems of incoiporation and rooting of the science of Maqasid (legal purposes of Islamic Jurisprudence).

It followed inductive-analytical and comparative approaches, and sought to scientifically investigate al-Shatters theorization.

It tackled the five major purposes and dealt with the available ways to expand them in accordance with Islamic legislation, and the limits of the possibility of this assumption.

The importance of this study is that the goals touch upon the reality of the people and their practical life, and contribute to the treatment of their issues and solve their dilemmas, m line with the spirit of sharia on the one hand and the dimensions of urbanization on the other, especially in the contemporary Islamic reality characterized by frequent transformations and speed and the ramifications of the resulting economic, social and cultural dilemmas in the contemporary world.

The study reached a number of results, such as the fact that al-Shatibi is the founder of Maqasid, as a science, in terms of origin, invention, organization and creativity, without temiinologically defining it.

just as Ibn Khaldun did in his introduction with sociology-.

As Ibn Ashur.

the author of tlie call to separate the science of Usui and Maqasid, did not establish assets that can be made principles and foundations, based on the science of the purposes of the law, this issue has remained without foundation, it has remained a scientific desire rather than a guiding fact.

The research stressed that the Islamic reality today requires more effort in the exploration of the secrets of the Shari'a, and explain its provisions and rooting its origins, and neutral bases, and transition from theorizing to the application because most of the achievement in the context of Maqasid tend towards abstraction and theorizing.