The Illusive Pretexts of Fundamentalists "A Representative Rooted Theoretical Study"

Authors

  • Dr. Ali bin Mohammed bin Ali Baroom Associate Professor of Jurisprudence and Principles Department of Sharia, College of Sharia and Islamic Studies, Umm Al-Qura University

Keywords:

pretexts, illusion, perception, opening pretexts, blocking pretexts

Abstract

The research dealt with the illusory pretexts of fundamentalists, by talking about perception, its stages, fruits and levels, as these are considered an entry to recognizing the truth of illusion; which is one of the levels of perceptions.

The research aims to talk about pretexts and their relationship to the introduction of legal rulings, in terms of them being a means of reaching rulings, according to the opening and blocking of pretexts. Thus, the research defines the opening and blocking of pretexts, and it also aims to:

Defining fictitious pretexts and their categories, according to their evidence and strength, and clarifying the differences between fictitious pretexts and the rest of the categories of pretexts, according to their strength. In addition, it explains the rulings on the categories of pretexts, according to their strength, and the categories of fictitious pretexts, in relation to existence or non-existence.

The research reached many results, among the important of which:

  1. 1. Illusion is a reasonable perception; it is the most weighing side corresponding to the most weighing supposition of theoretical science.
  2. 2. Pretexts are means to achieve and increase interests, as well as prevent and reduce harm, in order to achieve Sharia intentions, and the provisions and conditions that are based on them.
  3. Fake pretexts are the incorrect, weighing, and indecisive ways, justifiably used to prove or refute rulings or legal controls.
  4. The illusory pretexts are divided in terms of existence and non-existence into: opening the illusory pretexts and blocking them.
  5. 5. The rule of fictitious pretexts is that they are not related to the rulings; because they are based on mere illusions.

6 .The importance of tracking the pretexts that stimulate judgments, to distinguish its credibility to achieve interests, not illusions.

7 .Opening fictitious pretexts is the method followed to find rulings that contradict Sharia based on whims, and correcting the rulings is done by eliminating those fictitious pretexts on which the rulings were based.

  1. 8. Blocking imaginary pretexts is the method followed to abolish rulings that are in accordance with Sharia based on whims, and correcting rulings is by finding legitimate interests that achieve the perceived goals without illusions.

Author Biography

Dr. Ali bin Mohammed bin Ali Baroom, Associate Professor of Jurisprudence and Principles Department of Sharia, College of Sharia and Islamic Studies, Umm Al-Qura University

Doi: 10.52840/1965-010-004-015

الذَّرائع الوهميَّة عند الأُصوليين "دراسة نظريَّة تأصيليَّة تمثيليَّة"

Published

2023-12-15