الحكم البدلي عند الأصولين : مفهومة و أنواعه و ضوابطه و تطبيقاته الفقهية

Abstract EN

This research discusses the issue of alternative rulings.

It aims at showing that this kind of rulings is also meant by God.

This is in the situations in which the accountable person becomes unable to perform the original duties.

Therefore, primary and situational rules are considered as the original legislative rulings.

They are initially meant by God, and then come the alternative legislative rulings.

In this study, we have given the definition of alternative rulings, their kinds, and the general controls for applying them.

This study reached the conclusion that scholars of the principles of Islamic jurisprudence discussed the alternative rulings.

However, they have not considered them as parallels to either primary or situational rulings.

Therefore, this study fills this gap by asserting that primary and situational rulings are divided into two kinds, original and alternative.

The present study recommends the reconsideration of alternative rulings in all the branches of Islamic jurisprudence, whether they are related to worship, interactions, personal law, penalties …etc.

This is in order for scholars to determine the most suitable controls for applying alternative rulings in each of these branches.