رفع الخلاف في الفقه الإسلامي دراسة مقاصدية
همسة فؤاد يوسف دراوشة
Hamsa Foad Yossef Darawshi
This study is titled: "Eliminating controversy on Islamic jurisprudence from an objective perspective". The researcher has defined eliminating controversy on jurisprudence issues as: the scholar accepting an opinion on a controversial Islamic issue, as one agreed upon perspective, to generate a general benefit. This study focused on removing controversy around Islamic jurisprudence and clarifying what is needed and how to implement it. This study also clarified that removing controversy on Islamic issues leads to consequences such as: reducing controversy surrounding jurisprudence issues, bridging doctrines of jurisprudence, and limiting controversy that leads to segregation and separation between people. However, it must be considered that implementing the destination is according to certain regulations and conditions. The researcher proved in her study, and after the extrapolation of many texts of Islamic law, that removing controversy surrounding Islamic jurisprudence must be according to a destination characterized by the following: Firstly, that it is a definite destination. Secondly, that it is a complementary destination for other destinations. Thirdly, it is a complementary necessities destination when it comes to communities, and a complementary need and desirability destination when it comes to individuals. The researcher presented in this study methods and rules to eliminating controversy on Islamic jurisprudence, which include: Islamic legal text, consensus, considering controversy, the judge's judgment, the ruler's judgment, and modern technology. The study concluded with many results, including: the scholar must aim to reduce controversy surrounding jurisprudence branches, with the goal of removing controversy, which the Islamic law aimed to do. The recommendations are as follows: to advice the jurisprudence branches, and the known Islamic bodies to reconsider the issue which have controversy, and to aim to reduce its controversy as much as possible, according to the ways and rules cited in the study.