مصادر قاعدة الترجيح بين التنزيل والتأويل والتبديل

Abstract

Sources of The Normative Legal Maxim of Preferring between Application, Interpretation and Alteration

This paper highlights the great importance associated to the normative legal maxim of preferring which comprise fundamentals of varying degrees in terms of influence. Some of which serve for the knowledge of certainty, some others assist the knowledge of reasoning in order to disambiguate the disagreement around controversial issues. This fact justifies the compulsory need to appeal to these foundational maxims to preserve the Islamic Sharia from interpretation and interpolation. The research revolves around the circle of jurisprudential controversies between the Sunni sects that are in agreement on the unity of the source in terms of ruling but through time and because of the prevalence of imitation bequeathed an imbalance in the facts, this necessitated to research the maxim of preferring, and to clarify its ruling and types and what has to do with its core. By extrapolating the history of legislation and examining the reality, it became clear that many of those engaged in jurisprudence began to meditate on the basis of approximate rules, which are not correct in the same matter, despite the disparity between them. The rule of preferring is of varying degrees in the strength and the benefit, some of them benefit from certain knowledge or close to that, and some of them benefit from theoretical inferential science, its purpose is to clarify the truth. So, the rule of preferring was a duty, in order to preserve the law of interpretation from distortion. After raising the different issues relevant to this topic, the researcher concluded that it is necessary to describe the rule of preferring in legitimacy and that this depends on its connection with the its applicability or interpreted sources, in addition to the obligation to conduct the scientific method of preferring that includes the revealed preferring and the interpreted preferring rather than the altered preferring. Just as the more correct one in the madhab does not have to be preponderant in the same matter, since the Shariah is broader than the madhhab in its texts, principles and purposes.