The Rules of Declaring the Nullification of Ruling for the Nullification of its Purpose: A Critical Analytical Study

Abstract

The Nullification and Modification of a Ruling for the Nullification of its Purpose: An important principle among the principles of Islamic jurisprudence that ensures the flexibility of Islamic law and its adaptation to changing times and circumstances by achieving the greater good. The aim of this research is to examine the guidelines established for the application of this principle to safeguard the jurist from errors in its application, study them using the principles of Islamic jurisprudence, analyze them, and critique them to determine what is valid and what is not. The research concludes that there are two main criteria that are considered valid: the correctness of the purpose and the exclusivity of it for the ruling. As for the other criteria, whether old or modern, it is more likely that they should not be generally considered.

Keywords

Fiqh, Usul Fiqh, Sharia Objectives, Sharia Purposes, Reasoning, Nullification of ruling, Modification of ruling.

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