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Jurisprudence of interests and objectives in Morocco

Jurisprudence of interests and objectives in Morocco

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Tahar Ben Achour and Allal El Fassi *

Preparation: Meets all the conditions legitimacy. D. Hmida Ennifar **


The intellectual basis for the direction of Makassed in the modern era

It is no exaggeration to consider that the main factors intellectual appeal argued interests and objectives in the modern era is due first to Abdul Rahman Ibn Khaldun(T. 808 e / 1406). Him thanks in rehabilitation to the presence of the causes of urbanization and the laws of his heal to form a theory in the community. This trend Alkhldona able to ride to see the historic two essential aspects: On the issue of social Sunan stipulated in the Koran confirmed the interdependence between Maaloul and bug between reason Reasoned, on the other hand fundamentalist argument adopted in the Study of rotation Almalol with the illness and the presence عدما.

Sindh to this the school Artkint intellectual reform with the imam Mohammed Abdo bright and Maghreb to keep pace with paced الخلدونية in cash context of previous thought her, and when he produced the thought of knowledge, and accustomed ways and methods.

It can be considered the owner ” Submitted” Intellectual argument renovated purposes and logic before it is trading approvals Shaatibi contemporary of Ibn Khaldun in the hands of men of the school reform. Ended this school Pettmthelha the curriculum الخلدوني and review them for reality of cognitive Muslims and civilization to the conscious recognition of delays in the Islamic world political and organizational. Besides that it was aware of the inability of cultural infrastructure in the face of crucial historical moment and an effective tool in the rehabilitation of the argument Shaatibi Andalusian (تــ790هـ/1388م) In destinations.

The outcome of all this, the reformers various interests; intellectual recognition that for a person willing to get to the facts by guide Almstqri for foundational texts.

This theory led to the ground put intellectual prescribed for Makassed jurisprudence, by focusing on a common goal is: Reformulation of the Muslim mind to qualify for their catalog literature of reform need to take into account the spirit of the time and reprinted and adopted by the owner provided in talking about ” Variability and typhoon “.

But this conformation cognitive racist الخلدوني reform and what it is to become a productive factor for new knowledge without the social and physical condition which made reconsider in fundamentalist building is sure unavoidable. You have reached the gap between the objective reality of some Muslim communities and jurisprudential between structure and mechanisms adopted fundamentalist end of the spacing of which can not be addressed only to consider the need for a new production of fundamentalist in part, method and formulation. From this perspective it was seeking to build a fundamentalist refresher expression of a real awareness of the dangers of the socio-political crisis could become a devastating result of colonial domination and penetration in the institutions of society and the state. That was the status of the Islamic Maghreb in the time of Ben Achour and Fassi.

So tomorrow Makassed orientation for those like reformist elites بالترياق derived from the potential of heritage and self-thought. The intent immune system and injection treat Khallh including enables the development of legal provisions of colleges to face the facts emerging. This is to say purposes review of the structure of the idiosyncratic thinking in order to build a new methodology authority confirmation of the community and reconciliation with himself and his time.

In light of this proposal be dealt with the efforts made by the scientific flags eminent Amoarbaan in the modern era. Were two working each of its areas of thought, reform Mmeltkien in the need to turn the matter and say detail at the base “Ward off evil and bring interests”.

He was the son Ashour and Fassi who believe them saying Shaatibi in especially determining who is heading to his project regenerative. Both men had “Rhianna of Sharia sciences, its origins and its subsidiaries, Mnicolha, Macolha, is immortalized tradition and the doctrine of intolerance ».

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-2 –

Ben Achour and Fassi: Integration reform

When publishing Mohamed Tahar Ben Achour (1296-1393/1879- 1973) Book “Purposes of Islamic law” Year 1947 He had a seventy-year-old boat. He had variability in different teaching positions and began plans such as the judiciary and the legitimacy fatwas, and a thousand other effects printed and manuscript which dealt with the most prominent areas of scientific legitimacy. [Interested in the issues of interpretation of the Koran (Liberation and enlightenment) And talk (Revealed encased in conversations Muwatta) And Principles of Fiqh and Islamic politics (The assets of the social system in Islam - and its effects on cessation of Islam- Clarification and correction in jurisprudence- Scientific critique of the book of Islam and governance) This addition to the reform issues (Alice waxing relative) With particular attention to the Arabic language and literature (Summary Rhetoric- Achieve Bashar ibn Burd Bureau- Explain the outstanding man of Qays- Clearly explain the problems Mutanabi]

At the far end of the Maghreb: Allal El Fassi was (1910- 1974) The slope of the assets of Andalusia, resulting in a family science, تفقه like Ben Achour, but younger than he has a thousand other books in the “Islamic law and destinations Mkarmea ” Finished authored year, 1963. Reveal biography Fassi and its scientific and intellectual interest in legal matters with care uncertain domestic political issues faced by the country's French colonial period (1912- 1956) Then ranged effects between the axis of the legitimate scientific issues from the perspective of reform [Defend Sharia - combative Imam Malik and the men of his doctrine – The correct answer pure and advice in the coming down of Fez and the principle of the Islamic Arab months - the word worship: Is it correct to release to God- History of Islamic legislation- Explanation of the Personal Status Code] And the axis of the political struggle and national consciousness [Self-criticism in Marrakech protection of historical destinations and legal independence movements in the Maghreb Berber policy in Morocco- In economic doctrines- Islam and the challenges of the times – Detailed research about the various philosophical theories and Islamic interviewed for freedom- Are human beings in need of philosophy?]

From this perspective we can observe that the agreement between the contemporary worlds Mtasran and treat each case independently destinations in the modern era should not hide us important specifics we refer to in the course of this research. These particulars, although it is useful accuracy; because they reveal features define the personality of the two men and joints فكرهما, along with what Qian ground of privacy and intellectual reform in both countries of the Maghreb in the last century.

The first thing could Nprzh in this comparison is that the initial Ibn Ashour under a man aware of the privilege. Encountered in his long-standing difficulties had some major political and other social caused him trouble considerable professional and personal. But he was, despite his highest educational positions [Teaching the Great Mosque and scientific membership bifocals years 1907 The senate of the Great Mosque of management in 1932 Then years 1945 The dean of the University of olive 1956 ] And administrative [Mixed governor of the Council in 1909 and judge Malikia the Year 1913 Shaykh al-Islam al-Maliki Year 1932 ] Severe uphold intellectual باستقلاليته and utmost care on a difficult political neutrality. So what gave him the degree of excellence embarked upon scientific detective helped him mature intellectual and cultural clearer vision allowed them the waist family and a growing intellectual movement of the Tunisian elites since the second half of the nineteenth century. This distinction elite had been careful to Imam Mohammad Abdo after his first visit to Tunis 1884 فسجله in correspondence with Mr. Jamal al-Din () And then continued relationship with him thereafter until his second year 1903.

Allal El Fassi For his part, was also committed to the requirement of reform expressed in the various effects and which contributed to his relationship with men from the likes of reform Shakib Arslan, but the socio-political context in Morocco was the most influence on his thought and movement. What lead him to read his autobiography and look at the most important work confirms that the entrance to address the legitimate scientific issues were different to a large extent with the entrance adopted Ben Achour. Fassi work was generally sealed departure intellectual nature tends to examine the issues studied in more practical level of care at the theoretical level. May be this explains that - despite severe contact with the men of reform in Tunisia – Did not mention in his intentions to the book of Ibn Ashour the previous many years to emerge.

Useful here to recall that was more political challenges in Morocco on the destination than I have known reformist Tunisian elites. Barbari, for example, issued back years 1340- 1930 Was applied administrative and political discrimination between Arabs and Berbers . This law, which resisted Fassi can not be compared in terms of risk naturalization law in Tunisia, issued in 1333/ 1923 Which was limited to encourage some Tunisians on the French naturalization.

In addition, the forces of inertia and internal tradition in educational institutions and other social they are reported effective in the Moroccan context than it was in the Tunisian situation Fassi time and Ben Achour.

This allows to say that the concerns of both worlds united in vision different in the nature of correctional and treatment fields and approach. Fassi is when and Ben Achour consistent in terms of the need to rebuild the cultural system of the society to make them at the level of interaction with the emerging civilization. But take care of the intellectual and political mobility social mainly at Fassi while requiring at Ben Achour effort Taeselaa to overcome crashes construction intellectual idiosyncratic and fundamentalist Almatien the. This is reflected in the difference in the exclusion Fassi work for the reform of the educational institution for the villagers known to students and teachers and the enthusiasm of Ben Achour ever-changing curricula in antique olive Foundation.

However, the two men pursuant both to answer the challenges of European thought and science and fact, each according to the requirements of reality and according to personal potential.

From here came their work closer to integration in correctional addressed and explained to demonstrate that the Arab-Muslim societies in the past century has been «toast communities” Not for a broad audience where little effect in controlling the trends and prospects carving.

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-3 –

Between the consideration for another crisis jurisprudence

If we want to further determine the worlds's privacy had to look at their books in which brown اتجاههما Makassed with partial follow-up to some of the written each other in its effects.

On the one hand Ibn Ashour find that based Mqasidith on base stayed with him since his first writings. It's reformist vision that fall acts Sheikh since he first realized his youth ” That science not solve symbols and words reservation nor انقباضا and the Tklva but the light of reason and moderation…Sciences serve two purposes: Elevate the mind to grasp the facts and ably accompanied by a statement other”. That was some of what سطره in his youth years 1910 In his book ” Alice waxing relative”.

Those very science; The problem you're looking for in the light of scientific issues are no less pronounced when the owner of liberation and enlightenment, tuned in his interpretation when he said: “I have seen people around the words of the ancients one of two men: Men's Retreat with شاده seniors, and another taking Bmaulh Fahedm it goes by the centuries, and in both cases Khader many, and there is another case ينجبر the wing Elixir, which is to baptize to pay tribute to ancient Venhzbh and Nzidh, and God forbid that Nnqs or Npedh, note that looking down their virtue كفران ”.

Based on that end, this approach can say that Makassed orientation when Ben Achour is established for the purposes of self-interest legislation intended by the provisions. The intent of this foundation to bridge the gap between the provisions of Islamic jurisprudence and انساقت the the conditions of Muslims from dependence to man-made laws. Is a work permit for the emission of cognitive and intellectual can be educational and social institutions from traditional to regain credibility and Rahniha.

Then he went Ibn Ashour checked and is based on three pillars:

-Recognition of systematic predicament jurisprudence.

– Work for the need to break with partial measurement idiosyncratic mechanisms.

– Adoption in devising provisions on Mqasidih rules are not limited to only linguistic connotations.

Based on these pillars Ben Achour sought to emphasize the importance of developing a new methodology rules linked to a letter of the law to achieve what his jurisprudence deficit to narrow differences and meet the needs of Muslims find chaos.

Says at the beginning authored indicating the need for a new flag: “What invited me to Elan exchange him what I saw of indigestion protest among different in matters of the law because they do not belong in Haggaghm to evidence necessary or close to it comply to it Almkibr as the end the people of Mental Science in Haggaghm rationale to evidence shall be cut off between all the necessities pilgrims.

That is the crisis that Al them aware of jurisprudence, who founded the difference between jurists and instilled by which each to widen the sectarian rift. So now a definite need when Ben Achour to say separately for purposes of the flag is the selected controls are intended meanings and connotations of the letter of the law.

But if we look Fassi hand in the book of the purposes Shariah and Mkarmea of ​​which written by Ben Achour after more than fifteen years, it has limited the invitation Mqasidih the deemed continue with efforts preceded and تعبيدا the way will be followed by researchers, says : “Increase the brick of my predecessors and opened up to anyone who wants to work after me” .

Fassi depends to confirm the legitimacy of the purposes on three considerations:

– That the provisions of the Islamic Sharia, citing all except worshipful of them says: “If God does not only required by the wisdom Deposited in Noamesh of the cosmic them is what is what it is”.

– It is not necessary to revive the faith and re-role diligence it ” That religious thought in Islam means complete freedom”.

– That the privacy of Muslim communities (Moroccan society and particularly) Primarily religious in nature, there is no way for having only ببعث develop religious understanding and realize the meaning of the mind, freedom and justice.

It is clear that these considerations are qualitatively different from what adopted Ben Achour founded to say towards مقاصدي of the. To the extent that the latter was represented by the questions of legitimacy and cognitive work on my تقعيد alternative for the positioning of the scientific institutions in the afternoon as it was Fassi Makassed in his call for workers to maintain the religion of the dangers posed by the adoption of political action and a means to achieve that end.

In his book “Self-criticism” Allal El Fassi helps us to further reflect on the reformist orientation while that is considered Morocco's private message is the need for independence entrance is necessary to revive the past. In this book, which was right, a chart of the conceptual building from which did well thought reform Fassi.

What is striking in ” Self-criticism ” He and his counterpart, Book ” Alice waxing relative” Ben Achour, both scouts to see reform owner and his authority in his direction Makassed.

In ” Self-criticism” Takes care of Fassi special attention to education as the basis of all reform with an emphasis that education is the basis ” Science, combined with strong faith and character” Because they are the best guarantee of all that human sought. Adds to what he calls the creation of citizenship” And the need to pay attention to male and female, the rich and the poor.

What should we finish is that the focal points of the two Fassi:

– Building ” Intellectual aristocracy ” Because intellectuals are the messengers of the people thought assignor on the words of Voltaire: “If you want to re-establishing the Flmh people how to think”.

– The adoption of a holistic view of national issues and intellectual critic of what he calls the village thinking small exclusive ocean. So he does not hide that he has reform works for project-capitalist opposition politician to the absence of the moral dimension of the anti-communist to as priestly campus system to consider is the doctrine.

Ferries المفتاحان when two Fassi: Science and other.

Science, because “The essence of Islamic thought is a corrupt society revolution and liberation of the mind from the control of any tyranny” P 124. This is illustrated in in جداله with materialists and Allaúkyin of respect for Islam of the mind, freedom and urged him to science “Because of religious thought in Islam means complete freedom” .

The other is because Fassi, like all reformers in the past century, the other recognizes an essential tool for self awareness. What we read about intellectual freedom and what it said Fassi private and Ben Achour on the same subject, all this confirms that ” Other” An essential element in the delay, which allows consciousness to say that determine the intellectual reference to the two men but is made from two angles: The other angle and the angle of self-.

What distinguishes Ben Achour Fassi in his reform is that the degree of emphasis on self-knowledge has been the second most of them when. However, the bilateral basis in the reference case.

What supports this symmetry in reference with the difference in the nature of the treatment and the basic approach of this paragraph to the Vaci meet with what we Sgelnah from Ben Achour has thought of liberation and enlightenment. Fassi says in the separation of ” Self-criticism” Entitled to modern and contemporary “That the that immersion majority of people is the division of society into two groups: One sees that all what the ancients did, or think it is right that must be Ichaia and therefore lose confidence in everything that did not come early or did not find in the traditions of the center from which he or she. Others overwhelmed their desire to grandma and innovation who now believe that everything that the transfer of the past must be extinct…..The basis of the mistake is confusing trendy (Search for new) And contemporary (Recognize worthwhile in the new and old). . You must move forward enlightened minds that are not constrained by contemporary reasons for concern are studying everything in West مقتبسين what is valid for انبعاثنا the… In all cases, we must not make our minds and their right to think of as the price of any happier artificial or spiritual plagiarized”(Self-criticism).


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The spirits business purposes

The entrance was envisaged at the two men and one which is working to open the door of ijtihad to reform the Muslims defended Ben Achour in Makassed heading Gnostic while he is at the social Fassi civilized political. When I do not inevitable separation purposes and principles of jurisprudence because fundamentalism structure them of turmoil resulting from the presumptive significance of what threatens including forensic evidence does not allow “To Fakih measure things Nation”. That's what made him take up his discretionary interest in the transactions do not pay any attention to the general reform issues and matters of belief as well as the political detective.

What holds this industrious jurist in his Makassed motor is the revival of jurisprudence within the boundaries committed by him a number of Muslim imams.

So says: “We have to baptize to the issues of jurisprudence generally accepted, and re-Zoppea in the crucible of blogging and Naerha standard look and Monetary Vennfa about parts exotic Gltt them, and put them Ashraf metals perceptions of Jurisprudence and consideration, and then re-development of the science and call it science purposes of the law, and leave the science of jurisprudence on . “

The most important thing in the argument Ben Achour notion of the need to establish science purposes is his report that the structure of jurisprudence not developed to serve the wisdom and purpose of the law. Destination Alosny for assets has revolves around an axis derive rulings from the words of the street making a circle on determining the rules that enable the knower to grab branches thereof, or to grab authorized by the descriptions of those words . When Ben Achour this structure in nature and does not lead to take into account or statement “Wisdom and law meanings انبنت by the words, which is standard provisions ills”.

The purposes Fassi This trend is absent in the introduction to the book and its chapters which infused his work compared to historical dye aim is to show the compatibility between Islamic law and modern political systems.

With Fassi highlights mujtahid who wants general reform Mounavhh the Islam to face ” New ideas” That leaked into the minds of Muslims by colonialism spiritual spoiler.

Of then exchange his attention to the emergence of law and legislation in different civilizations, with special care for the political theory of Islam. Remarkably when Fassi it does not refer to the book of Ibn Ashour, or sayings, calling for the need for the independence of science objectives for assets, but some signs suggest though Batalall him and violated him of opinion but it seems conscientious about authorizing the difference usually on a number of scientists in the blind, a compliment to their brothers and to avoid confronting. Fassi says, hinting: “Some contemporaries who allegedly wrote in the purposes of that law for the Study of excuses dam attached strong بمبحث the fraud” It is exactly what we find in the author Ben Achour when he says: “Study of excuses dam attached strong بمبحث fraud .

So Jazz in the field indicate the nature of the two men thought and Mnhihama in addressing the issue of the purposes we use against them is the owner of approvals when he said: “The spirits business purposes”. Valmakd that eating two men with Makassed issue not make an agreed مقصدهما so that they have different motivation.

To explain this difference needs to be emphasized on national particularities that combine historical toast Tunisian and Moroccan two countries in matters, and differentiate themselves in other. These particulars are distributed on three tributaries: Tributary cosmic European regulatory reform and ancestral bio.

If you look in the first tributary and found a prominent role in the cultural impact of colonial Europe that Olmana him above who asked what issues and challenges could be faced with building traditional doctrinal.

In the second stream level we find the reformist trend that has emerged in the Arab country since the end of the nineteenth century an exciting intellectual and religious questions, social and political were not raised within the framework of the traditional Islamic thought, such as Renaissance and conditions of social and economic progress and reform of educational institutions.

This reform orientation although not able to provide answers to the challenges of European thought and science, it highlighted the need for the need to reconsider the foundations of the prevailing jurisprudential culture.

These two factors Altarichaan the Ikrban between the elites of the two countries of the Maghreb and explain oriented Makassed who combined Ben Achour and Fassi.

But the third, a tributary of the Salafi element important element of difference and clear in explaining the difference between I address Ibn Ashour, Fassi for the issue of the purposes.

A reminder of the country is known in the Arab-Islamic century 13 E / 19 See Salafi working to revive religious conscience resistance Streptococcus deviations and behavioral deemed threatening the essence and spirit of Islam. This vision of cultural self launched to repair itself different in that with a strong reformist trend in Europe in the level of friction values ​​and concepts and the need for modern ideas palatability.

What concerns us here is that the Maghreb elites did not have a single position of the reformist trend, which exceeded the Arabian Peninsula extends to various parts of the Muslim world. If Morocco had to the Salafist this House, the political and scientific elites Tunisian صدتها and resisted.

From the far west, adopted scientists, particularly those established in the Arabian Peninsula, the Salafist Preaching and spread in the country benefiting from the support of a number of Alawites have sultans. It occurred to focus on the correction of belief and behavior and the need to take the apparent meaning of the Quran and Sunnah and all symptoms interpret my words. What has been achieved in Morocco is mainly the support of the Sultan Moulay Mohammed Ben Abdallah (1141-1204/1757-1790) It is beyond Moulay Suleiman then Moulay Abdel-Hafiz establish national sovereignty in the face of a Mashreq historical relationship as long imposed political vision and Streptococcus Morocco Extractor to independence. This external political situation and is accompanied by an internal component found in the labor Salafist call for a return to the safety of the beliefs Ancestors allowing resistance to the growing presence of the Sufi (Qadiriya, Shazleya and Tidjani) Which became the spread of its influence actually threaten the centralization of power first and second reference scientists. In Tunisia, we do not find any trace of loyalty to the Moroccan bio trend that swept the Maghreb region. Tunisian elite runner was clear about the Salafist preachers, interpreted the phrase domestic political considerations and external connection between the position of the ruling elite and Shara men but in a different context to what happened in Morocco.

In the Tunisian Privacy was there along with loyalty to the Ottoman Empire, which resisted authority of Salafist Preaching on the island. But the most important element is the social and cultural construction of Qatar Tunisian its mosaic composition (Arab tribes, some stable and some migratory along the ancient Berber population with the Andalusians and Turks, Belkanyen and Negroes and various European elements in addition to Jewish community) Which require that the jurisprudential doctrine of one and the exclusion of all the diversity of my contract or a theoretical debate in the Islamic reference to the community. What could this checklist to make sure you do not do the institution olive scientific institute based on the composition of a unified toast framing the various parties and social balance is difficult. In the case of Tunisia religious elites reference was is the main center of gravity to the Salafist resistance with the use of Sufi orders that were covering the entire parts of the country. This is what makes olive institution at the center of social and intellectual balance careful what could have been with him for such an institution that the succession of the Salafi discourse. She did not see in the bio-Salafi only a threat to the status of the local rebellion against schools of Islamic jurisprudence and heritage under the pretext of reference refer to the founding text and resist fads.

Based on these two diagnoses Bruadahma historic three can stand on the side of privacy when Ben Achour intellectual Fassi, Moroccan and Tunisian private in Makassed different Mnhihama of the.

Were each draws on privacy within the community of those tributaries. The Ben Achour was seeking to the headquarters of the jurisprudence of the importance of the other and the need to open it, but in his quest remains represented by a central scientific and social Zaytouneh. See it clearly in his theoretical term for the issue of the purposes expression of it that causes weakness mainly including internal requires renewal from within Heritage. The Allal El Fassi has been in the approval of the need to protect oneself and openness to ” Other” Works in his quest discretionary reform within the general continuous with historical elites loyal to the Sultan of social balance and center of the country's cultural.

This income Ben Achour on the purposes, with a cognitive, an animal rehabilitation of Fakih through scientific مستعيدة institution cognitive and social credibility while Allal El Fassi was in his quest discretionary and Makassed Mnhah wants to intellectual and religious elites private contemporary end their isolation from the political elites lead.

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– 5 –

Self-assertion and the legitimacy of the modern state

The conclusion of the consider the archaeological son of Ashur and Fassi relating to the purposes confirms the legitimacy oriented discretionary nature of these two leading reformers. We have proved, each in his own way, what the idiosyncratic mind of the potential for self-assertion when he wants to face the changes and challenges that would have ridden societies of the Maghreb Private.

The Ben Achour privacy in the Constituent call for the information purposes based on the principle of accumulation of knowledge caller he did not call to cancel the fundamentals of jurisprudence, but proved its necessity at the forefront of contemporary conditions industrious. What is confirmed is that the disparity between the objectives and systematic variation assets. It exceeded approved for a walk in the jurisprudence that rules extracted from the branches was recorded only after taking approximately two centuries jurisprudence. This disparity systematic adoption of jurisprudence crisis as the ” Most of the various accountability among principals, continuously, including differences in assets depending on the difference in the branches”. That's what makes Ben Achour purposes is called a term is another term proof of colleges Framework dye constituent that wants to dying Makassed controls. Oriented found him in the correlation between goals and interests, intentional correlation rules make it targets the general theory of while embodiment interests are in a realistic and specific.

On the other hand, the direction of Ben Achour privacy Makassed are of absorbing dye relevant scientific and historical document with the logic of ideas. It does not want to degrade the principles of jurisprudence, but it is easy to do so overtaking and upgrading necessary in the process of cultural growth. Thus regain credibility jurist especially within the institutions capable of collective endeavor thanks to define the rules for the legislation to be deterministic. Which in the end prove to the vitality and efficacy of thought Sharia jurisprudence for Muslims.

But it is worth pointing out that the theoretical dimension in the draft Ben Achour attended the procedural dimension strongly because it was not full of theoretical knowledge does not generate pursuant does not bear fruit branches, so for me in the second section to the purposes and its representation.

The Fassi care researchers work less what was given by in his procedural aspect which make some people closer to the idiosyncratic topic him to Altqaid and incorporation.

However, the book ” Purposes of the law and Mkarmea” Offers a contemporary application of inductive reading of the text of Forensic. Of the conclusion of this is to highlight the legal texts and provisions of integration and support for each other. To realize this integration process facilitated by inductive Makassed able to stand on “The purpose of the law and the secrets that put the street when all of its provisions”.

Then be approved invitation diligence on behalf of the purposes authorized by making the background to understand the world central الثاوية is industrious ” Perceived to accidentally street in every issue”. From the entrance of the contemporary jurist Almtben legislative wisdom and the source of the fatwa can overcome the problem of accepting change time and change provisions of the legislative vacuum dilemma.

This says Fassi ” The judgment, which we take it accidentally or approbation interest or other forms of discretionary sockets is any legitimate judgment of God relates speech acts charged” Faqih creates industrious, God willing, and provisions to reconcile.

This may say that the practical nature of the procedural characterized the Study of the Fassi purposes and which ركزه especially on the field of political thought (The foundations of governance – Economic and social life – Freedoms and human rights) Did not stop him from some Altqaid the theoretical. This happened especially in determining the interest and understanding of linked proverb ” Instinct ” And they met بمكارم morals that are moral instinct.

After all this remains a question: Why this building remained theoretical and practical Makassed trend in modern Morocco without investigating the ground?

Some researchers believe the deficit for the idiosyncratic mind to keep pace with the new conditions of civilization and cognitive frameworks and patterns of behavior.

Do not share this vision of what we're seeing is different with this reading very different. What malfunction Makassed trend in modern Morocco, leaving his impact on the political and social sphere is excluded from the national project of the modern state.

In that country experiences there was no national search for legitimacy in the Islamic sources, so it did not adopt any policy for the development of the theory of Islamic law. The various models of the modern state may declare hostile attitudes and heritage of Islam or Islam that traditionally used, but in each case the displace of legitimacy and authority of the legislative this discretionary topic and takes collective institutions that will develop this fundamentalist mind.

From here came the lack of attention to the development Makassed argument and not because ” Contemporary Muslim saturation values ​​of modernity” No longer need to be diligent. What we see is that the trend Makassed remains evidence of the vitality of the idiosyncratic mind of Muslims, but it remains dependent to crystallize طروحاته and keep up with developments cultural, social and political context of a pluralistic political and intellectual allows him motionless within the reality and the independence of institutions and decision-consensual.


* Rationing and innovation in contemporary Islamic jurisprudence held during the period (28-2) April 1429 / ( 5-8) April 2008 – Lectures Hall Sultan Qaboos Mosque

**An academic researcher and professor of the Republic of Tunisia

This article contains Comment (1)

One Response “Jurisprudence of interests and objectives in Morocco”

  1. إسماعيل مرجي says:

    لفد عرف العالم الإسلامي في الأواني الأخيرة صحوة مقاصدية لم يسبق لها نظير ، وخاصة بعد دعوة ابن عاشور الى استقلالية علم المقاصد. وواكب هذا التطور إشكالية استقلالية علم المقاصد من عدمه ، فكثر أنصار التجاهين معا. فما هي ضوابط استقلالية أي علم ؟ وهل يمكن الاحتكام إلى هذه الضوابط لتقرير استقلالية علم المقاصد من عدمه ؟ وما المقصد والجدوى من القول باستقلاليته من عدمه؟ نورونا بأجوبتكم جزيتم خيرا

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