الجذور التاريخية للتقنين في الفقه الإسلامي

Abstract

Legalization is a fundamental and prominent phenomenon in positive law, By laying down laws, studying them, and making them policies, as well as drafting them and completing their production, To achieve the purposes and objectives established by the governing or governing bodies of the government or in various institutions. And Islamic legislation, especially from it, is the definite evidence, which is indisputable. And, from what is the belief of the evidence, I think the significance of the potential controversy and interpretation, This is to achieve wealth, diversity, and fertility in Islamic law, as well as ensuring ease, mitigation, and lifting embarrassment for people. Whereas the matter is in this capacity, legalization was directed at resolving contentious issues, according to the doctrines, sectarian structures and norms prevalent within society, with the priority of adopting a specific doctrine in societies affiliated with a certain doctrine, and the possibility of departing from it for stronger evidence, irrefutable argument, considered opinion or new jurisprudence. Or a favorable interest, and so on from legitimate legal justifications. This research specifically deals with studying the topic of legalization from the historical review side, by examining the history of emergence and consideration, and reviewing the scientific and methodological history, as well as the practical framework and the applied field of legalization, the conditions and circumstances that he experienced, the conditions he addressed, and the solutions and measures that he set, in the face of the synchronized historical facts