دوران الأحكام مع المقاصد : دراسة في إشكالية التعميم قبل التمييز

Abstract EN

The Co-occurrence of Sharia Judgments and Sharia Purposes
A Study into the Problem of Generalization before Specification
Yasser Hassan Abdel Tawab
Department of Islamic Studies, Faculty of Arts, Minya University, Minya, Egypt.

Email: prof_yaser@mu.

edu.

eg

This research aims at controlling the co-occurrence of judgments as an interpretative and discretionary mechanism, as it will contribute to the interpretation of the Sharia discourse in a way that does not contradict its governing purposes, thus serving the governing purposes without lethargy or rigidity, as well as testing the efficacy of the purposeful rules and their analytic and interpretative capabilities, and identifying their applied and effective fields, and to resolve the theoretical debate about the usefulness of (Usul Al-Fiqh) the origins of jurisprudence and (Elm Al-Maqased) the science of purposes today as raised by many researchers.

This research combines the approaches of extrapolation and local analysis with criticism, deconstruction, comparison and other approaches that vary according to different issues and topics.

The research has found that the co-occurrence of judgements is controversial, and sources of the conflict are related to the definition of the concept of the purpose, but originally it remains permissible.

This type of co-occurrence is more general than standard partial co-occurrence and while it is permissible to allow the judgment to co-occur with the partial cause, it co-occurs with the total purpose in the first place.

Similarly the co-occurrence of judgements with interests, there is a rule which states that every interest that opposes the principles of the Sharia and may cause the original rule to be annulled is not permissible to be taken as a pretext, nor to be a cause of the co-occurrence of judgment.