مقاصد الشريعة عند ابن نجيم في كتابه "البحر الرائق شرح كنز الدقائق " : دراسة فقهية تحليلية

Abstract

This research is a jurisprudential study of the objectives of Shari‘ah in the Ḥanafi school concerning financial jurisprudence, with a focus on the applications of the Ḥanafī jurist Ibn Nujaym (926-970 AH), while taking into account his financial jurisprudential opinions. It aims to reveal the use of the objectives of the Lawgiver in the field of transactions and financial dealings, as an important legal framework that has attracted people’s attention and tends to in the multiple financial and economic stages. The study of extracting the objectives of Shari‘ah is an important study in Islamic jurisprudence; this bright shining Shari‘ah came with lofty and honorable goals, and its rulings were revealed to achieve people’s interests and benefits in the world and the hereafter. The scholars were interested in extracting these objectives and their efforts are visible in their jurisprudential and uṣuli compilations. Ibn Nujaym al-Ḥanafi has an important position and great contributions to Islamic jurisprudence and given the importance of his status and his jurisprudential contributions, the researcher aims to discover these contributions from his jurisprudential writings. To achieve the objectives of this research, the researcher uses inductive and analytical approaches to clarify the concept of the objectives of Shari‘ah and its importance in Islamic jurisprudence, and its validity in deriving jurisprudential rulings from Shari‘ah texts, taking into account its applications in revealing the intended meaning and solving jurisprudential problems related to issues of financial transactions. This study reached several results, the most important ones are: the maqaṣid (objectives) are the aims and goals that the Lawgiver intended in establishing this great Shari‘ah, and the important meanings and notable wisdom in each of its duties, which lead people to achieve their interests and benefits in this world and hereafter. Wealth is a major objective in achieving these interests and benefits, and the Lawgiver has urged to save and develop it and made it one of the five necessary goals and the basis of life, then the Shari‘ah has taken care of safeguarding the specific and general objectives of financial transactions. Ibn Nujaym al- Ḥanafi was a distinguished jurist, scholar of Uṣul al-Fiqh and mujtahid, who had no counterpart in his time, and he addressed people’s newly arisen jurisprudential and economic issues in the light of objectives of the Shari‘ah. His applications became clear through the extrapolation of his economic jurisprudential compilations.