الوازع الطبعي يغني عن الوازع الشرعي : دراسة تأصيلية تطبيقية

الملخص EN

This study examines the Islamic legal maxim that says: "natural restraint obviate legal restraint".

It is an Islamic legal maxim used in various structures and formats among scholars.

The maxim indicates that Allah the lawgiver considers human natures, and is satisfied with what a sound nature is alienated from it.

This is including restraint from doing bad act, therefore, He did not state its prohibition nor impose a specific punishment.

He also stresses on the natural restraint for acts that motivate people by way of impulse and instinct, hence, He did not use a strong statement of command or threaten those ining from doing it.

This Islamic legal maxim is evidenced by induction of texts and branches of Sharia.

The maxim has many branches in Islamic jurisprudence, nevertheless, the maxim cannot be implemented, and natural restraint is not sufficient in situation where corruption prevails in people