Here the Gamā‘ah synthesizes its commitment to the commonweal and the importance of factoring reality into its assessments of a proper application of the law into series of “legal impediments” to applying otherwise valid rules. This reinforces its claim that the tradition of Muslim jurisprudence never subscribed to the notion that the law was to be applied regardless of the consequences that resulted therefrom. Rather, any number of “legal impediments” could justify or require that an otherwise perfectly valid rule be set aside. They also discuss such things as the permissibility of contracting treaties with non-Muslims. The Gamā‘ah applies all of this to rules on jihad in the context of the situation confronting Islamist movements in general and in Egypt in particular.
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