The Features of Intentions Ijtihad and its Applications in Yemeni Law

Abstract

This research aims to highlight the features of intentions-based ijtihad (jurisprudential reasoning) and demonstrate its applications in Yemeni law. It seeks to uncover the methods adopted by the legislator in Yemeni law, with its significance lying in showcasing the practical application of intentions-based ijtihad by deriving it from the texts and articles of Yemeni law. The research reveals that Yemeni law considered intentions-based ijtihad when enacting legal rulings. This was achieved through reasoning (ta’lil) of rulings, balancing conflicting rulings (fiqh al-muwazanat), blocking or unlocking pretexts (sadd al-dhara’i) when necessary, removing or preventing harm when evident, canceling or dropping means when intentions are absent, and facilitating and alleviating hardship in cases of difficulty. The research employed the following scientific approaches: inductive, analytical and deductive approaches.

The study is divided into an introduction, two main chapters, and a conclusion. The introduction discusses the importance of the research, reasons for choosing the topic, objectives, previous studies, the methodology adopted, and the research structure. The First Chapter is dedicated to defining the terms in the title, and the Second Chapter discusses the features of intentions-based ijtihad and its applications in Yemeni law. The conclusion presents the key findings of the research, including:

1. The features of intentions-based ijtihad are clearly evident through its applications in Yemeni law articles.
2. Yemeni law adopts the principle of intentions-based ijtihad in cases where there is no explicit text and applies it through its legal provisions.
3. There is significant room for intentions-based ijtihad within Yemeni law, which should be utilized and benefited from.
4. Highlighting intentions-based ijtihad in Yemeni law makes it a comprehensive and applicable law in all times and places.
5. The legislator in Yemeni law adhered in formulating legal articles to the view of the majority of Islamic scholars that Sharia rulings are reasoned (ta’lil).

Among the Recommendations:

• Academic judges, law scholars, lawyers and jurists are recommended to explain the articles of Yemeni Law so that it is easy to return to when needed.
• They are also recommended to adopt intention-writings that are related to Yemeni Law.