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Volume :29 Issue : 98 2014
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Making The shari'ah judgement Laws and the effects they leave on the shari'ah context place
Auther : Dr. Abdul Mahdi "Mohamed sa'eed" Ahmed AL-Ajlooni
Making The shari'ah judgement Laws and the effects they leave on the shari'ah context place .
Dr. Abdul Mahdi "Mohamed sa'eed" Ahmed AL-Ajlooni Professor Assistance in Islamic culture Division – Faculty of education – Hail University K.S.A
This research has aroused a case related to the place of shari'ah context in the process of making the shari'ah rules laws, as the concept showed that there will be warnings against making laws which affect the place of shari'ah context. It also replied on it . it can be summed up in two matters :
1.Changing into laws leads to bad things of deserting shari'ah and fixing man-made laws .
2.Changing into law makes legal context a place for trails although hard work is demanded from as a matter of shari'ah requisite to get the rule through meditating shari'ah context .
The research concluded that the process of changing into law does not come out the process of asking for judgement from shari'ah rules that is to obligate to yield rules taken from the shari'ah context according to methods of taking into account the shari'ah policy on which the Islamic state is based to bring good interests and avoid bad things which are present or expected . The process of making laws that realise important and necessary interests considering goods are part of shari'ah contexts as the obedience of the head of state is a must on condition that is not against the shari'ah context . That means the process of making law with its controls and restriction are refrred to shari'ah context and not working away of these controls .