الترجيح بين المصالح و ضوابطه

Abstract EN

This article aims to clarify the meanings of preference and interest, and the Sharia considerations to balance interests.

It also aims to clarify the disparity between the ranks of interests and their degrees, providing evidence for their application.

The study employs the descriptive analytical approach, describing and analyzing the materials under study.

The study concludes with a number of findings, the most important of which are: the considered interest is the one that is based on Sharia.

The evidence justifies the preference between interests, including the explicitly stated and those based on reasoning.

The disparity of these interests indicates that they vary between the good, better and the best.

They are divided in terms of several considerations including the division in terms of the Sharia consideration, lack of consideration, in terms of their strength and effects on the nation.

If interests meet and if it is possible to combine them, then the greatest purpose of Sharia is achieved- achieving interests.

It is a fact that combining two interests is better than missing one.

However, if it is not possible to combine interests, it is the job of scholars and scientists to settle the preference between those interests.

Scholars have worked hard to set up controls that guide the preference between conflicting interests.