مفهوم الصفة و أثره في الأحكام الشرعية

الملخص EN

This study attempts to discuss the concept of “capacity” and its effect on the legal provisions.

That is, the study is made up to visualize and display the allocation of power within capacity and then to argue that Shari’a law is created for all humanity. Since capacity has a close relationship to Islamic Shari’a, it must be responsive to the needs of all humanity.

Particularly, if we know that the texts are finite whereas incidents and calamities of people are infinite.

Thus, the desperate need for diligence and the work of mind should be made compatible with Shari’a.

Then, Scholars set the science of jurisprudence to address the Islamic nation.

Because the viewers of other religions couldn’t find all the needs of people in those religions.

However, only in Islam, this property is found.

That is, Islamic Shari’a provides the rules and principles of the jurisprudence.

It is crucuial, therefore, to determine the origin and then apply the incident to that origin.

In this regard, the law makers of Shari’a and forensic science set analogy (i.e juristic reasoning) as one of the main principles of legislation.

Moreover, some scholars deliberately attempted to develop Istihsan and Masalih and the concepts of violation as ones of the purposes of Shari’a.

Most importantly, considering the ‘legal power’ within the concept of capacity in terms of legitimacy represents the subject matter of this scientific paper.