مسلك مراعاة الفطرة و أثره في تحقيق مقصد احترام التشريع

Abstract EN

Objectives : This research aims to demonstrate the broadness of Islamic legislation, its relationship to the innate disposition, and how well they are compatible with each other.

It also aims to show that the intended benefit of Sharia Law is not complete without adhering to it and the supremacy of its provisions.

Methodology : The researchers followed the descriptive, inductive, and comparative analytical approaches to achieve the study's main objective.

This was done by tracing the research contents, analyzing, and comparing them for the sake of presenting the strongest viewpoint.

Findings : The researchers found several results, the most important of which are that reward and punishment are not related to innate disposition to which people have no control.

Rather, they are related to the outcomes of these traits for the individuals.

Moreover, innate disposition is an important feature for understanding and rationalizing Sharia provisions and their ordinances.

The role of religion in guiding the innate disposition can be achieved through two approaches: firstly, by reviving the innate disposition through the revelation discourse, and secondly, by moving the innate disposition from the domain of actions based on innate disposition to the domain of action guided by Sharia Law.

Originality : The scientific value of the research lies in showing the extent to which Islamic law takes into consideration the human innate disposition.

It also strives to realize its Jurisdiction, and attain the objective of respecting Sharia Law and the supremacy of its provisions.