الوازع الطبعي وأثره في صرف الأمر عن دلالته

الملخص EN

This research deals with the elucidation of one of the presumptions that deflect matter from its original significance, wich is presumption of natural restrain; this is because of the perfection of Islamic Sharia is that it conforms to the correct natural dispositions, and based on that, the sharia takes into account the nature of the liable when addressing them; so, whenever we find that the nature sinds and seeks something, the request is not emphasized as it is in case which is devoid of that natural restraint, and that restraint is the current presumption to divert the matter from its significance from as obligation to recommendation or permissibility; because what is meant by the proposition is to urge the request for the act and to be careful not to disrupt it.

hence, the restrain of the liable is sufficient to achieve that.

the effect of this presumption has appeared in Islamic jurisprudence by diverting some of the legal mandates from their original meaning, such as the mandates for marriage, eating, drinking and medication.