القاعدة الوسائلية سياقها الإصطلاحي و تطورها التاريخي

Abstract EN

The Instrumental Rule is an absolute element that defines a general regulation that concerns obligated individuals and that does not inherently imply a jurisdiction for its own purpose; it rather depends on the purposes it leads to, including its consequent details.

The importance of this kind of rules lies in the fact that it regulates obligated people by allowing them to differentiate between the constant and the variable and to weigh the recent developments of means against their consequences, in addition to rationalizing their dynamic aspects within the framework of governing rules.

The emergence of this science was as early as the era of the message of Islam.

Its fundamentals were founded at that time, and then they were gradually developed until the basic principles were aligned at the hands of the scholars of Sharia purposes.

The process was started by Al-Izz bin Abdul Salam, who paved the way for those who came after him, followed by his student Al-Qarafi who was prominent and unmatched in this field, reaching to Al-Shatibi, who added to the basis new blocks.

After that, the development of these rules slowed down and their radiance almost faded, until in the fourteenth century, Ibn Ashour came to inject new blood into them with a distinguished spirit of purposes.

In the fifteenth century, a new phase began, whose mission was to give special care to the rules of means, as a sub-category of the rules of purposes.

As a result, the pace of research was accelerated through collection, study and inference from basic rules.

Then, there were successive efforts to coordinate them in collective and individual frameworks.