الاجتهاد المقاصدی ضوابطه ومراتبه | Purposeful Ijtihad: Its Controls and Ranks

مجدی حسن أبو الفضل شقویر
2022 مجلة البحوث الفقهیة والقانونیة  
This research deals with intentional ijtihad, which is a new term, but its meaning and reality is present and strongly present in our fundamentalist heritage, and it was practiced by the Companions, followers, imams and scholars. It is disciplined with tight controls that prevent people of whims from exploiting it in demolishing the provisions of Sharia and evading them, and disrupting the legal texts. For this reason, he mentioned a number of controls that scholars have set for intentional
more » ... had in order for it to be considered diligence considered by scholars. The ranks are the order of understanding and interpretation of the legal text, then the order of deriving the ruling based on this understanding of the text, then the order of downloading the deduced ruling and applying it to reality, which may lead to the abolition of the implementation of the ruling, or postponement of its application until the circumstances that necessitated that are removed, or the ruling body is replaced by a body Others are more severe or lighter according to the purpose of achieving it. This research concluded that it is harmful to pay attention to the importance and status of intentional ijtihad and the necessity of activating it, as the legislative imbalances and deviations in fatwas and rulings issued by non-specialists are due to the neglect of the role of objectives in ijtihad
doi:10.21608/jlr.2022.142519.1075 fatcat:juq6lz5oyvhd7julelbbj4opey