الرخص الفقهية للنازح : مفهومها، حكمها، تطبيقاتها

الملخص EN

Emigration is considered as one of the contemporary problems that have become widespread in various countries, such as Iraq, Syria and other countries.

This kind of emigration is often accompanied by hardship and distress, while, as we know, Sharia is based on facilitation, permission and mitigation.

This paper deals with the concept of ”Shari’a’s permissions for the emigrant“ and the legal status )in terms of Islamic law( of latter’s adoption of these permissions.

It also includes contemporary applications on some issues related to emigrants, such as the issue of exonerating the insolvent expatriate and considering it a kind of zakat.

This is added to dealing with the Shari’a’s ruling on the cancellation of rent contracts for emigrants, taking into account the fact that emigration is an emergency, in addition to other issues.

Among the findings of this research is the permissibility of adopting and using jurisprudential licenses in cases of hardship, necessity, and need, not just for the sake of fancy and desire, taking into consideration the rules that govern their adoption and that are agreed upon by the scholars of Islamic Fiqh Academy.

Shari’a’s ruling regarding the use of such permissions – as an obligatory, a desirable or permissible act, varies according to the situation of the emigrant )taxpayer(: it may be obligatory in some cases and desirable in others.