نظرية كمال الشريعة دراسة في المفهوم والاستدلال والاستثمار د. طارق بن طلال بن محسن عنقاوي

Abstract Topic: The founding of a theory of the perfection (kamāl) of the Sharīʿa that offers an organizing scholarly structure uniting the concept, legitimacy, pillars, evidences, instrument, functions, and proof. Author: Dr. Tariq bin Talal bin Muhsin Angawi, Associate Professor of Fiqh, Department of Fiqh, College of Sharia and Islamic Studies, Umm Al-Qura University. Objectives: Clarifying the concept of the perfection of the Sharīʿa and introducing its theory; establishing the legitimacy of its demonstration; setting out the theory's pillars and their convergent signification of perfection; regulating the two avenues of deployment, formulating the Perfection-Demonstration Instrument, setting out the theory's functions and the controls of its use, and testing it; and constructing its inimitability-based proof. Methodology: A descriptive, analytical, and inductive approach. Findings: 1. The perfection of the Sharīʿa — in both its substance and its structure — is a reality whose demonstration is both legitimate and amenable to organized scholarly proof, through two complementary methods: holistic and detailed. 2. Its evidences-the characteristics of the Sharia, its universals, objectives, and merits-converge into one coherent framework that elevates the demonstration to demonstrative certainty. 3. The Sharīʿa’s eleven characteristics converge in demonstrating its perfection, and all of them trace back to the characteristic of divine origin (rabbāniyya). 4. The theory's deployment has been cast in the Perfection-Demonstration Instrument-with its steps and controls, and its twin probative and ijtihādic functions-and tested on the muʿāmalāt (financial-transactions) system. 5. This legislation, with its perfections, permanently exceeds human capacity. Recommendations: Dedicating independent studies to the perfection of the Islamic legislative systems, and to establishing the theory's use as an instrument of ijtihād. Keywords: perfection of Sharia - characteristics of legislation - universals - objectives - merits - legislative inimitability - theory of the perfection of Sharia.

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