| المستخلص: |
Here is an apparent methodological problem in the knowledge arena. The more we talk about a particular knowledge concept, the more we get surprised by its transformation into an independent science without completing the scientific requirements and necessary conditions. This applies to what is as «Maqasid Al-Shari’ah». We would not be exaggerating, if we claim that the «Maqasid Al-Shari’ah». is still looking for its methodological identity. It is unable to draw its epistemological boundaries with other fields of knowledge that are close to it; As well as its inability to create new procedural tools in the construction of legal rulings. May be the reason for that is the nature of the scientific upbringing that accompanied the emergence of the theory of the «Maqasid Al-Shari’ah It witnessed a difficult and intermittent birth. This article seeks to ask the following methodological questions: - Does the «Maqasid al-Shariah» theory possess all the characteristics of a complete scientific theory, such as the conceptual apparatus and independent methodology? By relying on the inductive and critical approaches, we have reached the following results: First result :It is noticeable in the contemporary discourses of the Maqasid Al-Shari’ah that they do not have an independent dictionary of the Maqasid Al-Shari’ah terms. Even the concept of the Al- (Maqasid Al-Shari’ah) -which is its pillar- was not deeply analyzed in order to transform it into an epistemological concept with creative procedural energy Second result :The «Maqasid Al-Shari’ah» in its present form is a pattern of conscious thought, but it is not a science; Because it does not have a subject that is different from the topics of the «ossul fiqh» Third result :One of the most important imbalances noticed by research in the science of «Maqasid Al-Shari’ah»: Leniency in generalities, Inflated descriptive (scholastic) research (This explains the large number studies in the Al-Shari'ah Objectives registered in the name of heritage personalities), The personalization of knowledge, (we mean by that: referring knowledge back to the era of the first founders, as a notice of the inability to advance science towards new fields).All are interesting topics.
|
