القياس في الرخص و أثره في الفقه الإسلامي

الملخص EN

The objective of this topic is to demonstrate the flexibility of Islamic law, its validity for every time and place, and to show that its provisions are based on facilitation and the lifting of embarrassment; Assignment is only possible, and therefore it was based on capacity and capacity, as is the case and is investigated in the provisions of the Sharia.

Islamic Sharia law, which gives a mandate in all its circumstances, took into account the state of excuse by issuing licenses that relieve it of distress and embarrassment, as is clear from the texts of the Book and the Sunnah.

Since the texts are limited and endless, and the incidents are renewed, the analogy used in the Sharia was to provide provisions for new facts not covered by those texts, particularly those contained in the license; There have been many excuses for those in charge whose owners need to lift their embarrassment, distress, and hardship.

Scholars have looked at these emerging excuses based on their view of licensing provisions in the Sharia, are they meaningful, or not? , who saw it as devotion; In other words, unreasonably meaning, he considered that these provisions were limited to their owners, could not be modified by analogy, and was of the view that they were reasonable in meaning attached to the fact contained in the license by analogy.

This research revealed the reason for the disagreement between scientists in the measurement permissibility of licenses, and then the fact that they differ in many facts and judgments.