(Maqāṣid-Oriented Ijtihād through the Doctrine of Opening the Means (Fatḥ al-Dharā'iʿ) and Its Impact on the Interrogation of the Accused: A Case Study)

Abstract

addresses the concept of "opening the means" (or "pretext") as a fundamental and jurisprudential principle related to achieving benefits and averting harms. It does so through an applied study of the interrogation of the accused in Islamic jurisprudence and contemporary legal systems.

The research aims to clarify the legitimacy and parameters of this principle, and its impact on judicial and investigative procedures, focusing on the methods used to ascertain the truth and uncover the crime.

The research employs an inductive-analytical approach, tracing the opinions of jurists and legal theorists on the topic of "pretext," distinguishing between blocking the means and opening them, and then applying this to the interrogation of the accused, clarifying the rulings related to it in terms of permissibility, prohibition, and legal restrictions.

The research also discusses the legitimate and illegitimate methods of interrogating the accused and their compatibility with the objectives of Islamic law in preserving life, human dignity, and achieving justice.

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