special purposes Penal provisions for Dr. Wahbat Al-Zuhaili

الملخص

This research is entitled (The Purposes of the Penal Rulings of Dr. Wahbat Al-Zuhaili), part of the Maqasid jurisprudence, which constitutes an aspect of the huge heritage that Wahbat Al-Zuhaili left - may God have mercy on him - in his writings and research. The research consists of an introduction, four demands and a conclusion. As for the introduction, and it contains the importance of the research, its problem, its objectives, and other elements, the importance of the research is evident in the purposes of penalties and their role in preserving money and lives, and preserving order, and its problem is the difficulty in collecting information related to the subject in the texts of Al-Zuhaili’s writings due to their abundance and the thickness of some of them, and his goal It is to highlight the purposes of punishments in Al-Zuhaili's thought. The first requirement deals with the definition of the science of purposes linguistically and idiomatically, and the formulation of a comprehensive definition of the jurisprudence of purposes. As for the second requirement, it includes the means to achieve the purposes of punishments. The third requirement deals with the purposes of legitimate punishments, and the last demand includes the divisions of punishments in different considerations and their purposes. The conclusion is a summary of the results reached by the researcher, the most important of which is the distinction of the philosophy of punishments in Islamic law from what is in positive laws in terms of diversity, time and methodology, and taking into account all dimensions of life and preserving interests in the legislation of penalties related to a dimension of them. In the legislation of penalties related to the preservation of funds - for example - despite maintaining the purpose of preserving funds, preserving other interests such as self-preservation. The method used in this study is analytical in the light of the purposes of Sharia