Özet:

This article, by explaining the issue of Sadd al-dharāi’ being evidence according to the scholars of the Mālikī Sect, it is aimed to show that the Sadd al-dharāi’ is related to the maqāsidu al-Sharīah bets and that it serves the maqāsidu al-Sharīah while adjudicating. For this purpose, firstly the lexicon and term meanings of the maqāsid and then the lexical meaning of Sadd al-dharāi’ and the term meanings according to the Mālikī Sect -by taking into account the historical sequence of the sectarian scholars- have been tried to be declared. Continuing scholars did not explain the concepts related to maqāsid and maqāsid, but were content with pointing out these terms. Ibn ʽĀshūr (d. 1973) is the first to define maqāsid among contractor scholars. This study, on the other hand, is based on the definitions of maqāsid the aims, the goals that the Sharīah put forward as concise and detailed, and the realization of the interests that are necessary for human beings both in this world and in the hereafter. While revealing the meaning and scope of the Sadd al-dharāi’, the Mālikī scholars drew on the narrations from Imam Mālik and they disagreed among themselves. In this study, the concept of Sadd al-dharāi’ among Mālikīs has been tried to be formulated as "everything is permissible outwardly and it allows to reach those who are forbidden by al-Sharīah.". In addition, it is stated in the article that Sadd al-dharāi’ is accepted as a ḥujjat from the Mālikī originals and this original is proven by the Qurʾān, Sunnah, ijmā' and reason. Then, the rukns of Sadd al-dharāi’ as mentioned by the scholars of the Mālikī Sect were emphasized. These rukns are three: the means, the result that determines the decision of the means, and the way that brings the power of doubt to the decisive result. The sects have expressed different views regarding the division of the Sadd al-dharāi’ evidence. As a result, this division can be summarized in four parts as means whose result is definitely mafsadah, which is presumed to lead to mafsadah, who rarely leads to mafsadah, and lastly, the means that often or rarely lead to mafsadah, but generally result in mafsadah. The main topic of discussion is the fourth one. Mālikī Sect mentions that this fourth part should be prevented and used it more as Sadd al-dharāi’ than other sects. Then, the extent of the deep relationship between the issues of maqāsidu al-Sharīah and the original Sadd al-dharāi’ was expressed. The basis on which the Sadd al-dharāi’ is based ensures the balance between maslahah and mafsadah, that is, the prohibition of maslahah that leads to mafsadah Likewise, the relationship between Sadd al-dharāi’ and maqāsid emerges in the mentions of means. Because the al-dharāi’ rule is a real part of the mean rules. The prevention and opening of al-dharāi’ depends on knowing the purpose and means, as well as knowing the degree and consequences of these means, and balancing the interests and vices until the sharīʿ rule of each means is reached. Thus, it is decided to prevent or open the dharāi. The mentions of maqāsidu al-mukallaf can also be shown as evidence for the existence of the relationship between Sadd al-dharāi’ and maqāsid The Mālikī Sect has been ahead of the other sects in terms of the purposes of the mukallaf and has prevented many occasions for the purposes of the mukallaf. Another issue between the manifestations of the Sadd al-dharāi’ and the maqāsid connection is the issue of results. The blocking or opening of al-dharāi’ can only be understood by looking at the fate of the permissible means and what led to it. Finally, some explanatory examples are given from the Mālikī Sect furū al-fiqh, presenting the relationship between maqāsidu al-Sharīah and Sadd al-dharāi’. As a result of the article, after manātu'l-āmm on a person or an event, it does not cause the Sadd al-dharāi’ to intervene during the manātu'l-hass investigation, causing the judgment to lose its purpose in the general context demanded by Sharī and al-Sharīah

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