Abstract
I’tibaru Mealati’l-ef’al is an umbrella term that ensures the conformity of the purpose and result of the actions with the purposes of sharia. If this rule is not taken into account while creating the provisions, the possibility of provision contradiction to the maqasid al-shariah (i.e., purposes of sharia) could emerge. On the other hand, when the understanding of I’tibaru Mealati’l-ef’al, whose terms and limits are not determined or if they are kept very flexible, even the Nass (i.e., verses and hadiths) can be disabled. Therefore, it is necessary to create a systematic design for I’tibaru Mealati’l-ef’al. For this purpose, many academic studies have been carried out today, especially in the Arabian world. However, in these studies, it is observed that the opinions of scholars with similar views are made use of in general and it is seen that the opinions of those who think that there may be evidence in a narrower framework and at the border are not given enough space. One of these scholars was Mustafa Sabri Efendi (1869-1954). We believe that a study that will reflect his thoughts on I’tibaru Mealati’l-ef’al and maslahah, which is the basic principle on which this term is based, would be beneficial. For this purpose, in our study, first, the concept of I’tibaru Mealati’l-ef’al is introduced in general. Then, the conditions and limits of this theory are determined through the induction method from Sabri Efendi’s thoughts reflected in the method (usul) and branch (furu). According to our findings, although Sabri Efendi never mentioned this rule, it is understood that he took it into account in his thoughts on the method and branch. It is seen that there are additional conditions to those put forward in today’s Mealati’l-ef’al studies. At this point, it is observed that, without making any distinction between worship and public interest, he left out the fields in which there are Nass and Ijma and the issues on which previous scholars agreed. It is understood that he was of the opinion that Mealati’l-ef’al can be taken into account in the issues scholars disagreed in the Nawazil Fiqh and in cases where there is a necessity for the Shari’a.