The Relationship between balancing jurisprudence and the Discretionary Legislation sources

Abstract

This study aimed to uncover a delicate method of ijtihad, namely jurisprudence of balances, because of its great importance in assessing interests and disadvantages and eliminating conflicts between them when there is a conflict. The study elucidated the concept of jurisprudence of balances and the emergence of this type of Diligence in contemporary issues. The research idea centred on the concept of jurisprudence of balances. The central tenet of the research concept is as follows: which is its connection to the customary fundamentalist approaches in the fundamentalist heritage, namely the blocking of precautions, istihsan, taking into account the disagreement, interest sent, and custom, all of which protect it.

The study concludes with the originality and great importance of the jurisprudence of balances in keeping pace with contemporary developments in all branches of Islamic law.