القواعد الفقهية يف مرحلة الرسوخ والتنسيق: دراسة على جملة األحكام العدلية

Abstract

The Mecelle is considered as the turning point for the field of legal maxims of Islamic jurisprudence into an unprecedented trend in its long history. Hence, the study aimed at determining the extent to which the book influenced the development of legal maxims of Islamic jurisprudence using the analytical approach. The major findings reveal that the Mecelle, in order to be human workmanship, contains the advantages of being uniting the Muslim Ummah in their religious issues, and a legal reference for judges, which helped preserve their reputation and prestige and adopting the correct statement that matches reality without adhering to the preponderant or apparent statement of the Hanafi school. Also, it contains the disadvantages of being dominated by the character of the Hanafi school, the freedom of the ruler is limited to the Hanafi school, long phrases of articles, and many details which makes it similar to books of Islamic jurisprudence in some cases. Furthermore, the obligation to one opinion, as is the case in it sometimes, results in intellectual stagnation in ijtihad. Likewise, the Mecelle opened the doors of the field of legal maxims of Islamic jurisprudence wider to the direction towards a new form that meets the calls of the current circumstances, which is the best proof of the validity of Islamic law for every era and place