Arrangement Of dharuriyyat In the works concerning Maksidides-Sheria

Abstract

In the works related to macjasidu's-shariya in the classical fiqh literature, it has been generally accepted that the provisions of God have purposes interested in the life of world and hereafter for the human beings. These maqasid, in terms of importance, are composed of parts of dharuriyyat, haciyyat and tahsiniyyat. Despite the belief in the fact that the provisions for dharuriyyat intended to protect religion, nafs, generation, mind and property, these maqasids are not clearly organized within themselves. Many of the practitioners who wrote book related to the subject did not mention which one would be preferred if there were discrepancies between the compulsory provisions. The practitioners such as Gazali, Arnidi, satrbi, Ibn Humam discussed the subject and stated that the purpose of religion should be presented to other purposes. Again, these scholars have mentioned a group that said that the secular provisions should be preferred to the provisions interseted in hereafer and they also cited their reasons. Finally, it is possible to say that when examining the works and examples related to the subject, the provisions aiming to protect the religion should be preferred to the other provisions and worldly judgments must be in accordance with the ordering, nafs, generation, mind and property.