الاجتهاد الذرائعي : المفهوم و الدواعي

Abstract EN

Independent reasoning represents clear evidence of the flexibility of Islamic law (Shari'a) departing from the fact that the means and the pretexts change and renew in order to keep pace with every age without prejudice without undermining the objectives meant by the lawyer.

this flexibility makes it vulnerable to exploitation and abuse, especially when there is no need for it.

based on that, this article aims at reaching results that may fix the independent reasoning process thematically and practically.

the topic is dealt with through clarifying the concept of pretextual independent reasoning to arrive at its motivations which are the contradiction between the state and the end, taking into consideration the development and the technological progress as well as the pretext of the common interest, and the aims of the responsible.

finally, it can be concluded that the pretext is considered as a part of intentional independent reasoning.