توظيف نظرية كمال الشريعة أداة اجتهادية تحرير الوظيفة وضبط الإعمال 10.357811637-000-194-002

Abstract This study aims to move the theory of the perfection of the Sharīʿa (kamāl al-sharīʿa) from its demonstrative function to its juristic one: by establishing the legitimacy of employing it as a tool of verification, weighting, critique and the guidance of ijtihād; by regulating its locus, steps, degrees and the formulation of its result; and by testing this on the binding force of promises. It follows the descriptive-analytical method in defining concepts, submitting this use to uṣūlī scrutiny and rebutting the objections to it; the inductive method in tracing the practice of the leading jurists and their testimonies; and the applied method in running the steps of operation on two models. Its main findings are that this use extends a settled uṣūlī principle, being connected to the subsumption of particulars under universals, maṣlaḥa mursala, munāsaba, maʾālāt and the method of weighting; that its locus comes after the exhaustion of effort in the evidence, excluding purely devotional rulings, fixed legal quantities and whatever is established by decisive proof; that its operation proceeds in six steps and three degrees, and its result is formulated according to the rank of the testimony borne by the theory’s pillars; that a donative promise must be fulfilled as a religious duty and is judicially enforceable where the promisee has incurred a commitment on its strength; and that extending the binding force of promises to murābaḥa for the purchase orderer is not valid, the recognised ruling being an option for both parties. Keywords: Perfection of the Sharīʿa; Juristic Ijtihād; Juristic Weighing (Tarjīḥ); Characteristics of Legislation; Murābaḥah; Promise.

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