قاعدة "درء المفاسد المتعارضة" و تطبيقاتها الطبية المعاصرة

الملخص EN

This study aims to examine the rule "If there is two evil conflict, then it will be taken into account the greater damage by doing the lighter”, show its impact on our daily life, highlight its effective role in the identification of the Shariah provision for the new legal issues and facts through showing the meaning of this rule strictly and the cases that necessitate activation of this rule, and showthe evidences from The Qur'an, Sunnah, and the methodology of the companions of the prophet, which promote the authority of this rule and guide to its consideration and status in the Islamic Shariah.

It also aims to show the criteria invoked by Jurists in the process of balancing the conflicting evils, which should be retrieved by the Jurist during the consideration and discretionregarding the issues that are presented to him; in order to reach a correct verdict on religious basis.This research presents some of the applications of the rule in our jurisprudential heritage that are mentioned in many sections of the jurisprudence, andalso discusses in detail some of the contemporary applications of the rule under investigation and that in medical fields; to demonstrate the practical implications of this rule in showing the Shariahprovision for the events and the contemporary developments.This study followed the inductive approach in tracing the rule’s particles from its jurisprudential appearances, referred to the Shariahlegislative sources that indicate the authority of the rule, induced the methodology of the companions of the prophetto weighting between conflicting damages, and induced the jurisprudential issues that are considered as an application of the rule.The study also followed the deductive analytical approach in investigating some contemporary issues.In conclusion, this study obtained several resultsincluding theability of the aforementioned rule to keep pace with the contemporary developments, and the effectiveness of the rule in confronting to the contemporary events and developments and reaching solutions and provisions that are consistent with the spirit and content of the Shariah.

Consequently, the researcher recommends further investigation of this ruleto examine its impact in other fields, and strive to cover all the jurisprudential rules through study, research, and application.