التلفيق وتتبع الرخص وصلتهما بالتقليد والتمذهب: دراسة أصولية

الملخص EN

This research is an attempt to discuss an important issue in Muslim Mattersm, which is approaching the legal concession (Rukhsah).

The research concludes that there is nothing wrong with a person who sometimes takes the legal concession (Rukhsah) due to an excuse or inconvenience but the matter of estimating hardship is his or her own responsibility.

it is enough in dealings to take the least hardship and the legal concession, could be voluntary or obligatory or in contrast with what should be done.

however, there is no objection to following the concession of the legal doctrine of thought and taking the easier or lighter if the matter necessitates.

this means to follow the legal concession on purpose without any excuse provided that this does not lead to illegal falsification.

forbidden falsification is what is intended to follow the concession deliberately, or attempt to overturn the ruling of the imam, or a violate what do people usually do or they agreed upon.

however, falsification is permissible for a necessity, or a need in the provisions of the Shariah based on the easiness and tolerance, such as worships rather than financial dealings, and in certain dealings based on principle of caring of people’s interests and defeating evil deeds.

this limits the Sharia’a principles and destroy its policy and wisdom as a rule for the happiness of mankind in life and after death.

the mufti or the imitator of Sharia’a matters should adhere to fixed issues and basic principles.

he has to say what will not be in inconsistent with Qur’anic text, avoid the pretext, work properly according to sound hadith, and follow the consensus and there no need for fanatic doctrines.