The Importance of Reasoning Based on Wisdom and Public Interest in Expanding the Scope of Analogy and Its Impact on Ijtihād in Contemporary Issues (Observance of Traffic Laws Using Modern Means of Transport as a Model)

Abstract

This research aims to clarify the reality of reasoning based on wisdom and public interest, the stance of scholars regarding its use as evidence, its Sharīʿah regulatory controls, its importance in expanding the scope of analogy, and its impact on ijtihād in contemporary issues. It is considered the first study to highlight the importance of reasoning based on wisdom and public interest in expanding the scope of analogy and to clarify its impact on ijtihād in contemporary issues, by presenting the case of complying with traffic laws using modern means of transport. The researchers have followed some of the recognized scientific methodologies, such as the inductive-comparative approach, by tracing the texts of uṣūlī scholars and their evidence regarding the issue of reasoning based on wisdom and public interest and its impact on expanding the scope of analogy, comparing them, and weighing the preponderant view based on the evidence. They also employed the descriptive-analytical approach by presenting and discussing the views of classical and contemporary uṣūlī scholars on this issue, analyzing them, and ensuring to cite supporting arguments and evidence for each case, while duly attributing opinions to their proponents.

The research yielded several findings, most notably: that applying the approach of reasoning based on wisdom and public interest contributes to expanding the scope of analogy, making it a maqāṣidī (purposive) ijtihād approach, and transforming it from a narrow analogy into an expanded analogy. Therefore, it is the broadest form of ijtihād concerning contemporary issues and emerging developments, due to its strong connection to wisdom and public interest. It also contributes to employing it in issuing rulings on contemporary issues and developments and annexing them to the general principles of Sharīʿah and its public interests. Furthermore, it assists the mujtahid in comprehensively understanding the rulings of new issues and developments, which is of paramount importance, especially in this era that witnesses an astonishing acceleration in events and emerging situations.