العلاقة بين المقاصد الشرعية والاجتهاد في ضوء القرآن والسنة The relationship between the purposes of sharia and juristic deduction in view of the Quran and Sunnah

Mohamed Fathy, Mohamed Abdelgelil (2019) العلاقة بين المقاصد الشرعية والاجتهاد في ضوء القرآن والسنة The relationship between the purposes of sharia and juristic deduction in view of the Quran and Sunnah. Journal of Islamic Studies and Thought for Specialized Researches, 5 (1). pp. 124-140. ISSN 2289-9065

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Abstract

Juristic deduction (Ijtihad) is considered one of the pillars of the Principles of Islamic Jurisprudence (Uṣūl al-fiqh), as it is tightly correlated to The Purposes of Sharia (Maqasid alShariah) that it is indispensable for any who is dedicated to the art of the principles of jurisprudence authorship .For the jusrist (mujtahid) to obtain such a status, the detailed comprehension of the Purposes of Sharia is sine qua non so that the jusrist be able to apply them to deduct the aimed jurisprudential ruling for the situation on the ground. However, there still some views that tend to undermine the significance role of learning such a subtle knowledge or pushing to eliminate it away as the matter of Juristic Deduction concern, an approach that could lead the Umma to go astray. Therefore, this research statement will be about tackling this issue. Since the essence, wonders and objectives of Sharia are the chief support for the mujtahid for the Juristic Deduction accomplishment in absence of the Quran and Sunnah versions, the author considers handling it as the significance of this research as the research targets to confirm the correlation between the Juristic Deduction and the Purposes of Sharia. As postulated that it is Illicit for Ijtihad to counteract the Text, it is logic that Itjtihad is not an obverse to The Purposes of Sharia because these Purposes are considered to be the spirit and secret meanings of the honorable Sharia itself. The author utilized the analytical approach to analyze the he Provisions of the Islamic Sharia besides the scholars’ views that corroborate the profound relationship between The Purposes of Sharia and the Juristic Deduction which consequently led to the following results: the Provisions of the Islamic Sharia represent the essence of objectives of Sharia as a whole, the updating issues with their accompanying circumstances urges further surveys that bind the juristic deduction to The Purposes of Sharia and thus, the close link between The Purposes of Sharia and the Juristic Deduction manifests.

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