أثر مقاصد الشريعة في الاستحسان دراسة تطبيقية معاصرة

Abstract

It is a truth that Allah Almighty did not create anything in vain, but created everything for a purpose and goal. This intention, if it is related to creation, is to preserve their worldly and eschatological interests, and in order to achieve this goal, he prescribed for them the rulings that preserve their interests for them, and these rulings are based on evidence that the lawmaker authorized to infer such as the Holy Qur’an, the Sunnah, and analogy, but in the continuation of this evidence some embarrassment and distress may fall on the taxpayers, and therefore it must be abandoned in order to achieve the intention of the Sharia in raising the embarrassment of creation, and this reversal of the requirement of the first evidence is called favorable, and it differs in terms of its type depending on the different proof. It has been proven that there is no contradiction between what the purpose of desirability aims at and what is required by the objectives of the Sharia, and this is evident in the effect that the purpose of the Shari’a leaves in the evidence of approval. All types of approval often achieve the purpose of facilitation and removal of embarrassment from the taxpayers, which is one of the general purposes that are excluded from it; Al-Istihsân clarifies the objectives that are compatible with the objectives of the Sharia in terms of its concept, and it is compatible with the legislation in the interests of people .