أحكام الترخص بسفر المعصية في الفقه الإسلامي : دراسة مقارنة

الملخص EN

Praise be to God, prayer and peace be upon the Messenger of Allah, his family, and followers.

Islamic Sharia is characterized by its ease of eliminating embarrassment and hardship for Muslims with respect of several legislations, worship in particular, so that it becomes valid for every time and place, flexible to meet the sophisticated growth of demands and interests of people under all circumstances.

To achieve this goal, licenses related to travel and other field of Sharia and many of its provisions imposed on Muslims are given by Almighty God.

Evidences, texts and events collectively recognize this principle, and urge Muslims to use and consolidate its rule.

Jurists set rules to serve this purpose.

These lenient measures could be in worship practices as cancellation of fasting (permission not to fast) for travelers, or in exceptional cases related to manufacturing agreements or other aspects.

The question arises whether the sinner in his travel could gain or benefit from these licenses or not? This is what the researcher intends to clarify in his research which is divided into three parts: The first part deals with the meaning of the license and its divisions and causes.

The second part explains the essence and types of travel.

The third part examines provisions of granting licenses for disobedience in their travel, and presents some controversial jurisprudence matters or cases that scholars have adopted with regard to their legitimate licenses.

The researcher has come up with some conclusions and recommendations.