الإستحسان و أثره في و الانتفاع بعوض التأمين التجاري في الحوادث المرورية

الملخص EN

In this paper I attempted to study the impact of one of al-Adillah al Ijmāliyah (i.

e.

, the general evidences) on the rulings relating to the new juristic cases, which is actually one of the fruits of the science of Uṣūl Al Fiqh (i.

e.

Islamic Legal Theory).

One of the most important general evidences in this regard is “not to apply the ruling of a particular case to similar cases due to a reason uncovered by al-Mujtiahid (i.

e.

the person who is qualified to practice Ijtihād)”.

This legal device truly represents the stick employed by jurists to go through giant waves of real life.

It is by means of these devices that jurists can reach the based-evidence concession when examining the juristic rulings on new cases and developing the legal theoretical topics from classicism into enlightenment and from originality into modernism.

This becomes crystal clear in the fact that it is of cardinal importance for the jurist to take part in making the event and in being fully aware of the concession and its relevant Shari evidence.

As far as the research methodology is concerned, I used the analytical approach to examine the concept of Istiḥsān throughout the history of the science of Legal Theory to highlight the meaning of this very concept from the broadest to the narrowest, with the aim of arriving at a practical approach for the application of al- Istiḥsān in light of its four main pillars, which results in the competence to apply it to old juristic issues and, consequently, the eligibility to put it in force to some of the newly-emerged cases.