الضرورة و الحاجة و أثرهما في الاقتضاء التبعي

الملخص EN

The Islamic legislation is characterized with comprehensiveness since it includes Stability andflexibility in a way to fulfill the required balance between its identity preservation from one sideand its principles from the other side.

The experiments with the era changes and the reality of thelife.

But the requirements of reality improve a reality that opposes the fixed basic elements or standon contrary.

So, it should for the scholars to place measures and procedures that balance betweenthe movable and immovable elements.

The subject of the current study (The necessity and theneed and its effectiveness upon the modernized events) has a scientific importance in our dailylife, The jurisprudents could not dispense with the balance legislatively and that be suitable withthe Islamic Legislation.

Imam (al-Shatibi) peace upon him was the first one who used the term ( Modernized event)and he gave it a definition, it is the legislative evidence that is called for and it stands opposite tothe legislative measures in a way that could not get out of the general norms.

Knowing the reality should be necessitated before giving it the legislative judgment, takinginto consideration the oppositions and conflicts either be individual or conditional that affect theoriginal necessity.

This is linked to the principle of interpretation and legislative intentions fulfillment at therulles