قاعدة (جمع المصلحتين أولى من إبطال إحداهما)‎ و تطبيقاتها في النوازل المعاصرة

الملخص EN

This research revolves around an important rule of jurisprudence.The rule of combining two interests instead of neglecting one of them.

It dealt with the importance of this rule and the importance of taking into consideration interests when considering jurisprudential issues, in addition to drawing on the meaning of this rule and its legal evidence.

The researcher studied examples of the jurisprudential applications in the books of four jurists and applied this rule to contemporary calamities.

He examined four issues which can be covered by this rule, explained their proofs and the views of the scholars regarding them.

The researcher also opted for the permissibility of the following four cases: (1) joint ownership contract; (2) accounts in Islamic banks; (3) the cooperative insurance contract; and (4) the use of genetic engineering in animal and plant production, provided that there is no harm in that.

The researcher recommended the following: extending the study of jurisprudential rules and supporting them with Islamic evidence; gathering applications in the books of the four jurists in relation to the rules of jurisprudence, so that they become clear references for students of Islamic jurisprudence and motivate them for further interpretation of new issues in light of these rules; and collecting contemporary applications in relation to modern disasters and their interpretation on the basis of jurisprudential rules to facilitate their understanding and application to researchers.