The legal rooting of the fatwa of the rational reference

Abstract

Modern jurists found the imposition of coverage of the tremendous developments in the Islamic world with precise jurisprudential provisions that take into account the legal and religious conditions in the Islamic world with technological developments and contemporary requirements and the community's need for new jurisprudential provisions in line with the principles of the true Islamic religion, so they invented a mechanism of ijtihad is (rooting) that allowed them to practice ijtihad and cross between the schools of thought that were restricted by them, and that proved the validity of Sharia for modern times and its compatibility with the requirements of the times, through which he hopes to restore Sharia to its important position in political events And social as the areas most affected by modern transformations and clear and influential in daily life, which led to breaking the logic regulating Islamic jurisprudence and adapting it to the requirements of the age and its requirements.

The Holy Book has developed governing principles that formed a unified standard for controlling the social phenomenon in order to regulate values, behavior and customs according to the natural pattern of life, as well as expressing a legislative guarantee capable of achieving the maximum level of social immunity in front of corrupt elements, loose values and uncontrolled behaviors, within the determinants and conditions that must be within the scope of the internal content of the Qur'anic social theory, and for That described the borders and legislated penalties in Islamic law, after the wisdom of the Almighty and the universal goal in the philosophy of jihad, which represented a formative justification to devote the philosophy of deterrence and  spread the values of deterrence in the hearts of Muslims, which achieves a state of social balance consistent with the nature of the Islamic legislative system.