الاستثناءات الفقهية من قاعدة "الواجب أفضل من المندوب" : دراسة نظرية تطبيقية

الملخص EN

This article aims to explore the topic “Jurisprudential exceptions of the principle “the obligatory is better than the appreciated” which relates to the people’s reality in their worships.

The importance of this principle lies in the conflict of interests and their compete.

The interest perspective leads to the fact that there are appreciated deeds better than those obligatory.

This was followed by Alezz ben Abduasslam, whose student, Shehabaddin Alqurafi, detailed the opinion in it.

What restricts this interest is the reward because the abundance and paucity of the reward depend on the abundance of interests or their paucity.

The study employs the inductive and descriptive approach.

The study consists of an introduction and ten sections, in which the researchers answer the questions related to the abovementioned principle.

The study has come with a number of findings, the most important of which are: preceding with the appreciated over the obligatory is based on the importance of the interest, which in turn is based on the theory of ordering and balancing, and all these take into account the interest criterion.

The interest of the appreciated may exceed that of the obligatory, despite the fact that this is rare, and what decides this is assignment and Ijtihad.

The former is respected when the appreciated is better than the obligatory in interest, and the latter should be based on the knowledge of the provisions of such issues.