التطور الدلالي لقاعدة تنزيل الحاجة منزلة الضرورة

الملخص EN

The Juristic rule of dealing with need in the same way of dealing with necessity is commonly used in the contemporary Islamic jurisprudence discourse.

Some of its applications were famously controversial.

Hence, it caused in questioning the rule itself.

Historically, the rule went through many semantic changes.

In this paper, I present induction of these changes.

And through analyzing I argue that neither the rule is semantically constant, nor the changes was a normal evolution of the primary phrasing.

There are two main reasons behind this inconstantness: firstly, the problematic of Aljwaini's writings being the primary resource of the rule and secondly, the ambiguity of its terminology.

As a result, one can argue that the rule has a variety of meanings which require a distinct reasoning of every version, and specifying which one is used when applying, not to mention reconsidering the rightness of it being a rule and rephrasing it in accordance with its debatable essence.