خصائص مقاصد الشريعة الخاصة و أثرها في تغير مدلول خطاب الشارع : خاصية المعيارية أنموذجا

Abstract EN

The aim of this research is to shed some light on the characteristics of the specific purposes of Shariah, especially, the normative features.

Moreover, the research investigates the importance of reconsidering the investment of Shariah purposes in addition to eliciting the divine rules from wholistic purposes instead of partial causes.

As the purposes of Shariah are considered as the comprehensive gateway to demonstrate the wideness and stability of Islamic Shariah, it is the productive and interactive field between the legal texts and the renewed reality through following the inductive and analytical approach in extrapolating the evidence, texts and opinions of Legitimists (Faqihs) and fundamentalists, revealing the characteristics of public and private legal purposes and their provisions.

This is considered as one of the sources that scholars rely on to reach the level of applying judgments on events and accidents.

Methodologically, the research has been divided into an initial introduction followed by two sections.

The first presents the characteristics of the general and specific purposes of Shariah.

The second section explains the normative characteristic of the purposes of Shariah and its influence on changing the meaning of the legislator discourse providing models of jurisprudential applications.

The research is entailed with a conclusion focusing on the most significant findings of the study, stating what is meant by the standardization of the Shariah purposes “as the criteria and controls used to play the role of a weighting scale of the generalities of the purposes, so that the legal rules are connected with the meanings and the judgements.” The Sharia purposes also have distinct characteristics including: stability, standardization, and application, as controls for understanding the meaning of the discourse of the legislator.

Based on the determined consideration and comparative research in the legal texts, it is possible to transfer the rulings and achieve their meanings to establish the general purpose of the legislation which is the righteousness of creation in the situation and destination, to bring the necessary needs required for improving interests for nations.