The Specific Purposes Characteristics of Shariah and its Influence on Changing the Meaning of the Legislator’s Speech

(The Normative Feature as a Model(

Abstract

The aim of this research is to shed some light on the
characteristics of the specific purposes of Shariah,
especially, the normative features. Moreover, the research
investigates the importance of reconsidering the investment
of Shariah purposes in addition to eliciting the divine rules
from wholistic purposes instead of partial causes. As the
purposes of Shariah are considered as the comprehensive
gateway to demonstrate the wideness and stability of
Islamic Shariah, it is the productive and interactive field
between the legal texts and the renewed reality through
following the inductive and analytical approach in
extrapolating the evidence, texts and opinions of Legitimists
(Faqihs) and fundamentalists, revealing the characteristics
of public and private legal purposes and their provisions.
This is considered as one of the sources that scholars rely on
to reach the level of applying judgments on events and
accidents.
Methodologically, the research has been divided into an
initial introduction followed by two sections. The first
presents the characteristics of the general and specific
purposes of Shariah. The second section explains the
normative characteristic of the purposes of Shariah and its
influence on changing the meaning of the legislator
discourse providing models of jurisprudential applications.
The research is entailed with a conclusion focusing on the
most significant findings of the study, stating what is meant
by the standardization of the Shariah purposes “as the
criteria and controls used to play the role of a weighting scale of the generalities of the purposes, so that the legal
rules are connected with the meanings and the judgements.”
The Sharia purposes also have distinct characteristics
including: stability, standardization, and application, as
controls for understanding the meaning of the discourse of
the legislator. Based on the determined consideration and
comparative research in the legal texts, it is possible to
transfer the rulings and achieve their meanings to establish
the general purpose of the legislation which is the
righteousness of creation in the situation and destination, to
bring the necessary needs required for improving interests
for nations