تخصيص النص بالمصلحة المرسلة و أثره في الفقه الإسلامي

الملخص EN

The advantage in general is one of the fundamentals of Sharia provisions.

The jurists differ in its determination and in the subjugation of provisions on it and in its status among other Sharia texts and the unspecified advantage، in particular، is considered one of the most fertile legislative methods in which there is no text.

One of the topics that occupied my mind is that if the advantage is as strong as the scholars talked about، Can't allocate the text? And if the answer is (yes)، then what kind of advantage does it have? Does the ancient scholars to concealing of mentioning the advantage in the allocations of the general text means that this is not permissible? This is what I wanted to explicit in this research.

Which came in the introduction، preamble، four chapters، and a conclusion.

As for the introduction، it is in the importance of the research، the reason for choosing it and the research plan.

As for the preamble، it is in the definition of the terms of the research title.

And for the first chapter: the definition of advantage and its divisions.

As for the second chapter: It's in the definition of the unspecified advantage، and its authority.

As for the third chapter: It is in the assignment of the unspecified advantage، the type of interest that allocates the text، and the controls for allocating the text accordingly.

As for the fourth chapter: In the effect of allocating the text to the unspecified advantages in Islamic jurisprudence.

Then I followed it all with conclusions and indexes.