عناصر القاعدة الشرعية

Abstract EN

This paper deals with the term Islamic Shari'ah rule as synonymous with legal rule.

The legal rule is a general and abstract rule with the purpose of regulating the social life in its diverse dimensions.

The Islamic Shari'ah rule has the same purpose, with two fundamental differences.

Firstly the legal rule is a special human decision that is carried out by specific legislative procedures while the Shari'ah rule is a text of revelation or deduction from revelation.

Secondly, the legal rule is concerned with the relations among people and their practical transactions, while the Shari'ah rule adds to that the relationship between people and their God.

The Shari'ah rule is a general case that applies to its specifics, or a holistic concept that applies to its elements.

Each Shari’ah rule has three components: hypothesis, judgment, and real relation between them.

This rule is characterized by rationality and harmony with natural extent, fitra.