مدى اعتبار مخالفة الواحد للإجماع وآثاره العملية : دراسة تحليلية مقاصدية

Abstract

This study investigates on the extent to which a mujtahid disagreeing with Ijma' shall be considered. There are regulations to consider one's disagreement to Ijma', and there are various impacts and applications that scholars have published in their books. Hence, the researcher attempts to provide an explanation of those applications with further research and clarification, highlighting the issues pertaining to Fiqh and Usul Al-Fiqh. The researcher divides the topic into four chapters as follows; the first chapter includes research plan and its general structure; the second chapter includes the definition, authenticity, types, and objectives of Ijma', as well as Ijma' in our contemporary era, and the concept of consideration of one's disagreement to Ijma'; in the third chapter the researcher discusses the opinions found on this issue, then he combines the converging opinions based on a Maqasidic comparison of the most important opinions; finally, the fourth chapter sets specific regulations to consider one's disagreement to Ijma'; after that, the researcher mentions few Fiqhi applications, and modern models of the issue, as well as applications in other aspects such as Da'wah. The importance of this study lies in the fact that it looks into setting specific regulations when considering disagreements of individuals to Ijma', distinguishing between the opinion of a considerable person from that of an anomalous one, and comparing between Usuli opinions according to the extent to which they fulfill Maqasid Al-Shariah; The study also exploits the Usuli conflict in different fiqhi issues, and finally, it attempts to activate the principles of Usul Al-Fiqh in life aspects, assigning Da'wah as a model. The researcher has utilized two approaches, namely the inductive approach through collecting the scientific material concerning the subject of the study, looking at sources of Usul Al-fiqh and studies on Ijma', while the analytical approach analyzes the opinions of scholars and their evidences with the focus on the Maqasidic dimension. The most significant findings of this research include the possibility of merging the majority’s opinion and the opinions of those who stipulated the justification of the disagreement of the one against the majority. Additionally, the study concluded the permissibility of following the majority’s opinion if the disagreement was validated with respect to certain regulations, specifically the one emphasizing that the disagreement has to be justified, and Fatwa’s permissibility of one's considerable opinion and following of it, as opposed to the anomalous opinion. Furthermore, the possibility of activating Usuli principles in life aspects other than Fiqh such as Da'wah, and one's disagreement to Ijma' as a model for that. The most important recommendation of the researcher is to expand the research on considerable disagreements of past individuals compatible with the dynamics of the contemporary era. The researcher also advises scholars to avoid referring to individual opinions as anomalies. Likewise, the researcher recommends scholars to write more about the usage of Usul Al-Fiqh applications in real life, and to simplify this field for religious students and the public.