مبدأ الغاية تبرر الوسيلة دراسة فقهية نقدية تطبيقية
مصعب معتصم رجب بَيّوض تّميميّ
Mos’ab Mout’asem Rajab “Bayoud Tamimi
This study addresses the principle of ''the end justifies the means'' and the legitimacy of this principle in the Islamic jurisprudence in a critical and applied jurisprudential analysis, taking into consideration that this principle is one of the emerging issues in the Islamic jurisprudence and has not been found in the books of ancient jurists. This study is important as the principle of the ''end justifies the means'' is frequent in our practical life, especially in politics, so it is necessary to explain the sharia ruling of this principle. The study examines some jurisprudential issues suspecting the principle of ''the end justifies the means''. Also, it shows the legal rulings and jurists' opinions regarding the principle, and it compares it with these opinions. The study used the descriptive and analytical methods, and it included both the practical and theoretical frameworks. The study reached a set of results. The most important of which is that the principle of ''the end justifies the means'' is western, and it was invented by Machiavelli for those who want to rule unfairly and tyrannically and to use any possible means to preserve their ruling. This principle is haram (i.e. prohibited) to be used and inferred as a Sharia rule or as an exception to another. The study recommends that scholars use the correct jurisprudence and fundamentalism rules deduced from the Qur’an and the Sunnah of the Prophet صلى الله عليه وسلمصلى الله عليه وسلم( ) and what they guide in terms of Ijmaa (i.e. consensus) and qiyās (i.e. analogical reasoning). It also recommends scholars not to pay attention to illegal Western rules and principles.