الفقه والوحي ومطلب التجديد: نظرات في بناء المفاهيم والأسس والغايات

Abstract

The call for the renewal of jurisprudence and its issues, one of the most important issues that scholars have been interested in ancient and modern, whether in its deductive or downloadable dimension, which made jurisprudence respond to all issues and calamities through the centuries and successive periods with time, and this interest in jurisprudence and its issues continues to this day people, and since jurisprudence includes all aspects of religious, social and economic life, it was necessary for jurists and scholars to take into account the changes, and understand the circumstances and circumstances, in an effort to download the legal ruling according to the will of God Almighty. On this basis, the article shed light on the concepts related to the renewal of jurisprudence and its issues on the one hand, and determine the nature of the relationship between jurisprudence and revelation on the other hand, with a statement of the foundations of jurisprudential deduction and how to deal with the texts of revelation, as well as highlighting the importance of jurisprudential renewal, in addition to mentioning models of contemporary jurisprudential calamities, in order to find appropriate solutions to them, because some jurisprudential calamities "such as organ transplantation" were not known by jurisprudence before, and this is what was confirmed by the scholar Muhammad Al-Taweel, may God have mercy on him, where he said: "This situation is a novelty that Islamic jurisprudence has not known, and there are no texts and calamities in its heritage with these specifications that indicate that it is permissible or expressly prohibited." Therefore, the absence of the correct explicit text in emerging issues in Islamic jurisprudence opens the door for scholars to ijtihad and find appropriate solutions to contemporary jurisprudential calamities, and this does not necessarily mean that scholars agree on these issues, as they may agree or disagree, based on their ijtihad and rooting of these calamities.