البعد الأخلاقي في التأليف الأصولي: نظرية الحكم الشرعي أنموذجا ً

Ethical dimension in Authoring Islamic Legal Theory: Theory of Shariah Ruling (Case Study)

Abstract

This research aims to throw light to the importance of Islamic ethics in Islamic legal theory. In addition, it aims to look at nuance in the construction of the Islamic legal theory according to the general objectives of the Shariah in order to show the connection between general spirit of Islam and the principles and philosophy of sciences. This researcher finds that morality and ethical consideration actually form the basis of the five pillars of the Islamic legal theory namely, obligation, responsibility, penalty, motivation and effort the fact that the rules of action are truly the reflection of the principals of ethics. In addition, the theory of shariah ruling is also in need of further study and rethinking so as to enrich and diversify our interpretation of the goals and objectives of the shariah and in our dispensing of shariah rulings. The study also suggests the need to address and reconsider many extraneous matters and issues that have disturbingly crept into the discussion of the principles of shariah. By this care and preservation may be accorded to the interests of the Maqasid al-Shariah. This in turn allows for the consideration and emphasis of the Kulliyat while at the same time connecting with and preserving the Juziyat in ethical discourse. Thisresearch uses the descriptive and analytical method.