قاعدة "تصرف الإمام على الرعية منوط بالمصلحة" و أثرها في نوازل السياسة الشرعية في الغرب الإسلامي : فداء الأسرى أنموذجا

الملخص EN

Prisoners' redemption is one of the subjects of legitimate politics in Islam، which is the home of many people، as it is related to the greatest rites of Islam، which is jihad.in Islamic jurisprudence، the proclamation of jihad and related provisions is entrusted to the grand imam، and whoever deputes him.

in so doing، he puts an end to the chaos inside and outside the Islamic Ummah، unifies the word of Muslims، and prevents sects and groups from acting by themselves without sticking to the Islamic laws and regulations.

we saw in many cases، that groups and sects claimed that right for themselves، therefore، they captured prisoners and took hostages and gave themselves the right، on their terms and whim، to redeem them.

and to fight these practices، Islamic jurisprudence entrusted this matter to the imams and rulers، who are never exempted from the Islamic jurisprudence and the rules of the Islamic law، rather than fancy.

instead, they have to consider what is good for Muslims.

on this basis، came this rule : "the behavior of the imam on the parish is conditioned by the global interest" which is one of the rules that are supposed to watch over the actions of the imam or the state generated against prisoners during war and jihad.