چکیده:
Each issue without regard for the interests and corruption is something aborting., has complications that sometimes differences of opinion among scholars on the concept and its various manifestations arise.Interest, dedicated to Islamic jurisprudence, is also an important element in Western schools, and even infrastructure is efficient. In Islamic thought, word comes of interest in two independent domains, the field of theology (such as whether to issue rulings based on the best interests first?) And Fiqh (such as whether it can be inferred interest in Shari'a law be used ?). In this study, we have tried, in the interest of Shiite jurisprudence and Sunni areas of the collection.We hope that by explaining these cases, a step toward clarifying some aspects of interest to be removed from the jurisprudential point of view.Keywords:Jurisprudence, interest, Jurisprudence, Jurisprudence Sunni mursala materialsaa aa aaa aa a aa aaa aaaa aa aa
خلاصه ماشینی:
Payjuvi proves in the works of Shia jurists that pure Maslahah has never had an independent application in their derivation, and it is not counted in the same way as the Quran, the Sunnah of the Infallible (peace be upon him), Ijma (consensus), and intellect (Aql) are considered as sources and evidences of Ijtihad; if this or something similar has been mentioned in the texts and writings of this group for this title, it has been either as a supporter and closer to the ruling, or it is nothing more than a leniency in expression, and the primary evidence for the ruling will be something else.
Unlike the texts and valid evidences according to their own view, this group did not benefit much from the Sunnah of the Infallible Imams from the Ahl al-Bayt of the Prophet صلي الله عليه و آله , and naturally faced a serious scarcity of documents and sources of derivation; therefore, they were forced to lean towards sources such as Qiyas (analogy), Istihsan (juristic preference), and Istislah (taking Maslahah into account in derivation) to an extensive and sometimes speculative degree, and the evidence for this is the sources of derivation used by the Sunnis.
For example, Muhammad al-Ghazali, one of the notables of this jurisprudential school, considers Qiyas to be an independent principle from Istislah and accepts the presence of Maslahah in the valid sources of deduction only on the condition that it returns to the Maqasid al-Sharia (objectives of Islamic law) and is based on one of the three valid sources, namely the Quran, Sunnah, and Ijma (consensus); otherwise, it belongs to "strange interests" (Masalih Ghariba) and citing it in ijtihad would be unacceptable (Ghazali, Vol. 1, pp.