حكم التدرج في تطبيق الشريعة: دراسة مقاصدية في ضوء فقه الموازنات

The Ruling on Gradualism in Applying Sharia: A Maqaṣid Study in Light of the Jurisprudence of Trade-offs

Abstract

This study examines the ruling on gradualism in implementing Sharīʿah through a Maqāṣid-oriented approach grounded in the Jurisprudence of Balancing (Fiqh al-Muwāzanāt). It addresses the widespread confusion between gradualism in implementation and gradualism in legislation, which has led to significant scholarly disagreement and, at times, accusations of unbelief (takfīr) among Islamic groups. The study aims to: (1) clarify the concept of gradualism in implementation and distinguish it from gradualism in legislation; (2) identify the causes of scholarly disagreement; (3) determine the preponderant ruling; and (4) establish criteria for applying gradualism in contemporary contexts. It employs inductive, descriptive, and critical-analytical methods, evaluating juristic opinions through the principles of reconciliation and preference (al-Taʿāruḍ wa al-Tarjīḥ).The study consists of six sections. The first defines gradualism in implementation and explains its relationship to Maqāṣid al-Sharīʿah and Fiqh al-Muwāzanāt. The second examines the causes of disagreement, including apparent textual conflicts, differing Maqāṣid-based approaches, application of Sadd al-Dharāʾiʿ, and differing assessments of necessity (Ḍarūrah) and urgent need (Ḥājah). The third establishes that legislation is complete and belongs solely to God, while jurists unanimously uphold the obligation to implement Sharīʿah fully, with gradualism serving only as a means to that end. Thus, disagreement is confined to cases of necessity or equivalent urgent need, based on Taḥqīq al-Manāṭ, balancing interests and harms, and considering consequences (Maʾālāt).