ضرورة فهم النصوص فى ضوء المقاصد-ضوابطها و تطبيقاتها

The Need to Understand the Legal Texts in the Light of the Objective of Shariah and its Implementations

Abstract

Every legal text has a purpose, essence and a meaning for which this text has been established. The texts have been enacted to protect certain interest from the various interests of the people best known to the legislator and it is necessary to understand the legal texts correctly so it can be applied or implemented in the best way, and understanding the legal texts in the light of objectives, purposes and interests is one the most important ways and methods for their proper understanding. From this point I sought the help of Allah Almighty and chose the topic under the title “The Need to Understand the Legal Texts in the Light of the Objective of Sharia and its Implementations”. We must understand the texts according to the objectives of Sharia to reach the truth and thus the application of legal texts - to contemporary issues - will become very easy. I followed the inductive and analytical method in this research , in the beginning I explained the definition of the terms in the title, then I spoke about the importance of the understanding for the Mujtahid, the interpreter and the Judge, so that we can understand the importance of purposes thoroughly, then I tried to clarify the rules and regulations that govern and help in the process of understanding the legal texts, then I talked about the examples to illustrate the understanding and its implementations, at the end I summarized the findings and recommendations.