الملخص الإنجليزي
This is an important jurisprudential study as it attempts to examine the
jurisprudential maxim of "The hukm (ruling)'s dependence on the presence or absence
of its `illah (effective cause)" in the light of shari`ah objectives. The problem this
research approaches is the dialectical relationship between `illah (effective cause),
hikmah (purpose) and maqasid (objectives) in terms of ratiocination in the process of
qiyas (juridical analogy) as expressed by the following maxims: "The ruling depends
on the presence or absence of its `illah", "The ruling depends on the presence or
absence of its hikmah", and "The ruling depends on the presence or absence of its
maqsid". Under this problem, come two main questions: What are the bases for this
maxim "The ruling depends on the presence or absence of its `illah"? What effect
could a maqasid-based perspective have on this maxim? The researcher depends on
four methods in this research: 1) the descriptive method, which is used to identify the
research concepts as well as other relevant issues and rules in a clear way; 2) the
inductive method, which is used to trace the rationale behind various issues; 3) the
comparative method, which is used in comparing between the different opinions of
Muslim jurisprudents and their approaches to the treatment of research issues; and 4)
the critical, analytical method, which is used throughout the research to analyze and
criticize all suggested propositions. The research concludes that the maxim of "the
ruling's dependence on the presence or absence of its effective cause" was laid down
by Muslim jurisprudents and that it was applied by Muslim jurists in their practice of
ijtihad. It is founded on a variety of principles: its juridical legitimacy is derived from
prophetic directives; it is a juridical approach that differs from juridical abrogation;
and it is regulated by the variables and invariables of shari`ah rulings. As for the
maqasid-based perspective, the concepts of shari`ah objectives have been reflected
on this jurisprudential approach and have highlighted its vitality in the contemporary
practice of ijtihad.
