Maslahi Reasoning between Discipline and Laxity

Abstract

The mighty Islamic Sharia contains supreme rules, goals and interests, some of which has been revealed by the legislator, especially those who has no room for reason, and alluded to some of them, leaving them to people in a space for deduction and ijtihad.

Perhaps one of the most important tributaries of deriving verdicts from a disciplined legal perspective that is not subject to whims and tastes is the Maslahi Reasoning. As a result, our subject addressed the Maslahi Reasoning from a legal perspective, clarifying the necessary controls that preserve it from departing from the purpose decided by the Legislator, and standing on the truth of the intentions of those who claim to hold on to Maslaha under the pretext of modernization, armored with hidden purposes that lead to diluting the Maslahi Reasoning and discharge it from every constraint which protects it from dangerous slippages, which brought contemporary ijtihaad into an arena of intense conflict and wide controversy.

Therefore, this research came out with the controls that protect against laxity, which those who overuse the Maslaha seek to impose in the field of contemporary ijtihaad in particular, and to return Ijtihaad and Reasoning to a disciplined Sharia quorum that is appropriate to the principles of Sharia, and the servant of the Maslaha, not the breacher of it.