الأصول الحاكمة على المسائل المستحدثة – دراسة تأصيلية

The interpretation of Modern Jurisprudential issues based on Original Religious Judgments (Authentic study)

Abstract
Praise be to Allaah who gives slaves great gifts and beginning with blessings, before deserving it from the good of the earth and the blessings of heaven. And prayers and peace be upon the master of the messengers and the Seal of the Prophets, our Master Muhammad the Immaculate Conqueror, and all his honorable companions, and his companions from the first of Makarim and the perpetual peace to the Day of Judgment. After that..
The sience of jurisprudence is the best between the Islamic sciences, the greatest of it is useful, the most extensive field, the most comprehensive treatment of all aspects of human life, and the most need for more attention and constant care. If the Muslim knows the halal of haraam, and what he must do towards his creator, his money and his society in which he lives, and knows the judgment of the issues that occur, God Almighty gave Muslims to make them a law valid for all time and place, and general of all human beings, he almighty says: O people, I am the Messenger of Allah to all of you, to whom belongs the kingdom of the heavens and the earth. There is no god but He who gives life and death, so believe in Allah and His Prophet, the Omnipresent Prophet who believes in Allah and His Word and follow Him.
As Islamic law has the ability to keep up with developments and answer all the needs of the nation in all scientific and medical fields and other areas that can be developed, and it is able to solve all the obstacles that occurred in this time and what will happen in the future after times, we find no issue but have been identified and treated by through the provision of legal provisions for all areas of life in accordance with the principle of preserving the dignity of the human, and respecting his rights looking at the public interest of the individual and society, as evidenced by the God’s saying: (We revealed to you the book to show everything, guidance, and mercy and preach for Muslims). Thus this law is the guidance and mercy of Muslims.
The divergence in the development of the provisions of the Quran and Sunnah requires extensive knowledge, deep study, and keen thought. The understanding of religion leads to an understanding of all the shar’i rulings through which the Faqih can exercise his role in answering all contemporary queries through the texts that have not left a void at the level of the total rules required by the jurisprudent to exercise this role; because he is based on a law that have the answer to all developments in the clearest and best ways, the provisions of the legitimacy needed by all are found in his hands in the Koranic texts and modern Mtun, God said Almighty: (And if a security or fear came to them, they would broadcast it, even if they responded to the Prophet, and to the first of them, to his knowledge, who would draw it from them. Were it not for God’s favor and mercy, you would follow the devil only slightly).
Ijtihad is a link between the provisions of the Shari’a and the changes of the age to achieve compliance and coverage, so that the Shari’a can follow developments, through the benefit of scholars in many resources of the generalities and links in the development of governance issues, If a judgment is taken on the basis of generality, it is considered one of the resource of ijtihad.
Thus, the generalizations, releases, explanations, and rational processes are the origin of the establishment of the general rules of fundamentalism and jurisprudence in the development of the new issues, in addition to the rule of reason, In this sense, it was stated in the honorable signature of the author of the time: “As for the incidents in which they refer to the narrators of our hadeeth, they are my arguments against you and I am the argument of Allaah on them.”
Thus, these general texts include all assets and buildings for the development of new issues, as the Prophet Muhammad (peace and blessings of Allaah be upon him) and the imams (peace be upon them) spoke in a statement of the provisions in a manner that is convincing and convincing to all that human beings need as the level of ideas rises over the ages through adequate legislation of all human cultures and the supervision of integrated minds in later times.
The Faqih first works on the study of the contemporary question and then searches for evidence for it. The Faqih may find evidence of the shar’i ruling that he is looking for in comparison with the ruling on prayer, drinking alcohol, and he may not find evidence for smoking or cloning, or online treatment. There is no doubt that if evidence of the judgment is found to be an argument, whether it is a verse, a novel, a consensus or a mental one, but if the evidence is not found in the practical assets. The fundamentalists have launched another term on practical assets (jurisprudential evidence) as opposed to “jurisprudential evidence”, which is the disclosure of the de facto judgment of evidence or emirate.
However, the jurist should deduce the provisions of modern jurisprudence to observe the interests of society and their affairs and to provide the interests of society in the interest of the individual, and this is evidenced by evidence of denial of damage, embarrassment, jihad, five zakat, financial taxes, and others.