The Perceptions of Consequential Discretion in Passing Judgement

Abstract

The principle of consequence (Al-Ma’al) represents the basic foundation of ijtihad (personal reasoning) in the field of Maqasid al-Shari`ah (Objectives of Shari`ah). Rather it is the ijtihad itself because it cares about the reality and its expected consequences and applying the rules accordingly. It can be defined as the consideration of the compliance of the goals of people with the objectives of Shari`ah is maintained by way of studying the Shari`ah proofs and the expected consequences when the applying the Shari`ah rulings according to the effective causes in order to realize these goals in light of the circumstances of time and place and the conditions of the people. This ijtihad principle better known as consequence (Al-Ma’al) is a theoretical conception which can be realized through the Shari`ah perceptions. These perceptions are procedural steps which cannot exceed the meaning of the consideration of the expected consequences of applying a certain ruling according to these perceptions. These perceptions represent the systematic approach and the framework of the principle of consequence which is based on the consideration of the compliance of the goals of people with the objectives of Shari`ah.

The study aims at: 1- Identifying these perceptions. 2- Showing the relation between the perceptions and the principle of consequence. 3- Explaining the role of these perceptions in identifying the concept of consequence in reality.

This is done with a view to realizing the compliance of the general principles of Shari`ah and the detailed proofs thereof and what comes out as exceptions via the two principles of permission and prohibition in the resources of the Shari`ah, the realization of which is guaranteed by applying the principle of consequence with its perceptions.