دور المصالح المرسلة في تطوير التشريع و تطبيقاتها المعاصرة

Abstract EN

The study of the interests sent in terms of being considered a legal evidence to prove the rulings is one of the most important studies in the science of fiqh, as with it the mujtahid can prove the legal ruling of the facts and calamities presented to him.

Especially the new and contemporary ones, in addition to that, by means of this principle, the mujtahid can produce the legal rulings of many calamities that were issued in connection with their regulation of laws intended to attain interests in line with the general principles of Sharia, and their overall purposes within the scope of the texts and Sharia controls without excessive or negligence.

This would lead to contributing to the development and renewal of legislation in a manner that fulfills the interests of the people by showing what God wants of his worshipers in every worship or treatment, in terms of permissibility, sanctity, etc.

As the divine laws were only enacted to achieve the interests of the people and fulfill the human need.

The researcher concluded: Considering the interests sent as an asset of Islamic legislation.

It works in the field of legislating rulings for renewed facts.

It is considered vital evidence that makes Islamic law valid for every time and place, and distances it from charges of stagnation and inability to keep pace with progress and development.

Considering the sending interests helps the concerned guardians who stood by themselves or with the help of scholars in codifying and issuing legislations that regulate what is new in the different branches of laws Through this principle, jurists can produce the legal rulings for many of the calamities that were issued regarding their regulation of laws intended to achieve interests that are compatible with the general principles of Sharia, and their overall purposes within the scope of the texts and Sharia regulations, without excessive or negligence.

It is necessary to refer to the work of the sending interests to organize everything related to society that has not been considered or canceled from the street; Because of the overriding interest in it, and in that it guarantees the worshipers' compliance and acceptance of the laws issued by the state; People receive it at that time with acceptance and contentment with obedience and compliance, knowing that it is based on the law of God and in working with it to achieve the objectives of the Sharia, whether it brings interest or spoils corruption, so there is still a remnant of the debt in them And working with the good sent in it opened the door of ijtihad, and urged scholars to consider and empty what is within their power to realize the interest or the spoilage of the new facts to be organized in different areas of life.

And by working with the interests sent, the jurists can produce Sharia rulings for many issues on which organizational laws have been issued, and no text from a book or Sunnah, consensus, or a reasonable equivalent has been mentioned regarding its ruling.