الاستحسان و تطبيقاته في بعض القضايا الطبية المعاصرة

الملخص EN

This study treats the principle of discretion; one of the fundamentals of Sharia (the Canonical Law of Islam).

It explains the reality and parameters of discretion as well as its relevance to a large number of contemporary issues.

The study also shows how the principle of discretion is employed to arrive at the right legal decision on such issues as autopsies, organ transplants, artificial insemination, and utilization of embryos.

While providing yet another example of the ability of Shari’a to satisfy the ever-increasing needs of society, the study shows that this flexibility is interrelated with the vitality and comprehensiveness of Shari’a general laws, which , thereby, serve to vindicate the principle of bringing benefits and preventing dishonest practices.