الدَّعوة إلى تجديد علم الفقه في العراق بين الإفراط والتَّفريط (دراسة فقهيَّة مقاصديَّة)

Since the door of ijtihad is wide open to the scholars of the nation, and it is obligatory for the mujtahids to solve urgent problems, this study aimed to shed light on the issue of jurisprudential renewal in general, and among the jurists of Iraq in particular. Therefore, the scope of this study is limited to the subject of "Doctrinal Renewal in Contemporary Iraqi Jurisprudence".The importance of the study comes from the fact that applying rulings to reality is the goal of divine assignment, and that the jurisprudential renewal, despite this, is a controversial issue that this study seeks to discuss, and to know the reasons for the disagreement in it, as well as highlighting the jurisprudential and renewal approach of the renewed jurists, The study followed two basic approaches: the inductive approach: by tracking the jurisprudential opinions according to their fundamental rules, and the analytical approach when analyzing these opinions, linking them to their origins and legal evidence, and deriving the contemporary jurisprudential opinion corresponding to the modern era and Islamic law. The conclusions of this study were as follows: The field of renewal in the fatwa depends on speculative issues and judgments that are subject to change, with the change of the questioner's condition in terms of place, time and situation, and that diligence in fatwa is not valid without knowing the purposes of the Sharia, and being able to deduce based on that knowledge. The Islamic law is based on the jurisprudence of the context of the divine discourse based on mercy, and the context of changing conditions. The members of the Iraqi Fiqh Academy have jurisprudence under the auspices of the objectives, such as: The necessity of documenting the marriage contract, the permissibility of paying zakat al-fitr at the value, the prohibition of marriage to a non-Muslim woman, even if it is in writing due to the change of many conditions, the permissibility of deferred sale and installment sale with an increase in the price, the permissibility of Tawarruq (Reverse Murabaha) and the prohibition of bank tawarruq conducted by contemporary banks, and other issues In which the Iraqi jurisprudence followed the direction of those who agreed and supported the jurisprudential renewal, and saw in it the mercy and flexibility of Sharia that is applicable in every time and place. Keywords: Jurisprudence. Jurisprudential renewal. Maqasid study. Ijtihad. Iraqi Jurisprudence.