حكم مقاصد الشريعة المستندة إلى قاعدة "الأصل في الحكام التعليل"و مسلك "المناسبة و الاستدلال"

Abstract EN

This study is concentrated on one problem: the stipulation of shari’a or(Islamic law) purposes based on conclusion through event and conclusion and the rule of origin in stipulations is reasoning.

the researcher views the science of shari’a purposes in intruded by purposes that have no lawful evidence but mental purposes that are not legal purposes.

moreover, the researchers view that some researchers in sharia purposes exaggerated in the event of conclusion and whatever includes preferable favour reasoning judgment considered legal favour, intended to the lawmaker and whatever includes proponent bight in mental judgment is considered legal blight and rejecting it is intended to the lawmaker.

it may the possible that urging through event passageway and urging judgment is reasoning it, the reason that led them to such expand, the researcher suggests that conclusion through event pathway needs specialized research as well as the rule the origin in judgments is reasoning.

the researcher prepared this specialized research and joined in this study between the collective approach and inductive approach, he collected the views and faqihs (jurists) and investigated their text that he sees relative to the research subject, he selected a statement and included it in the research.

the researcher concluded the following : • the predominance of the view that rejects the rule of “origin in judgments is reasoning “and rejects the passageway of event and inference.

• event passageway is not legal passageway of the ailment legal passages.

• legal wisdom does not fit to shari’a ailment nor ailment for certain legal judgment• al-Shatibi called ailment on wisdom he does not mean the ailment of measurement, he meant a favour or origin or just wanted by the lawmaker when he legislated the judgement, then it is ailment to mean purpose or result.

• the legal ailment is not proven except by legal evidence, and it is not proven by sense.