فقه الموازنات في ضوء القواعد الفقهية-دراسة تأصيلية-

Abstract

This study examines the jurisprudence of balancing (Fiqh al-Muwāzanāt) in light of Islamic legal maxims (Al-Qawāʿid al-Fiqhiyyah). Islamic Sharia was revealed to serve the best interests (Maṣāliḥ) of humanity in both this worldly life and the hereafter, facilitate their affairs, promote benefits, ward off harms (Mafāsid), and establish justice among them. Its rulings are characterized by flexibility and the capacity to adapt to changing times, places, and circumstances, without compromising its overarching objectives (Maqāṣid) or definitive foundational principles. A prominent manifestation of this adaptability and responsiveness to emerging issues is the jurisprudence of balancing, which focuses on assessing benefits and harms, prioritizing them, and giving precedence to the weightier consideration in cases of conflict—thereby fulfilling the objectives of Sharia and ensuring the sound application of rulings to real-world contexts.