المصلحة المرسلة وأثرها في السياسة الشرعية

Abstract

The study of the unrestricted interests has its importance and position, and this importance and prestige also derives from the challenges of the current era and its various requirements and incidents. It has been decided that a transfer and work, past and present, of the sending interests is an effective importance in understanding the rulings, carrying out the costs, drawing up the method of jurisprudence and applying it in all areas of life, conditions، issues and demands. It has been learned that the legal policy is the jurisprudence of interests that are required by the conditions of the nation at every time and place, and since the rules of the legal policy work in what has a special text and what is not in it, and the unrestricted interest works in what is not stipulated in it, so it is a wide field to consider the provisions of the legitimate policy and ijtihad in Its points of view in order to clarify the public interests in which the guardian works. This research shows one of the sources of deduction dependent on Islamic legislation, which is the unrestricted interest in its capacity to deal with emerging issues, which comes out of the womb of ijtihad based on looking at the purposes of the Sharia, and this is the science of Sharia policy based on interest.