نظام الفطرة و علاقته بفقه الموازنات

Abstract EN

The correlation of instinct with the jurisprudence of the balances is the law's linkage of the sciences necessary for human, which insures his balance and his straightness in the knowledge of things through learning, experimentation and deduction, so the system of instinct is closely linked to the position of the Shariah for the mandating through it; and it do not intend the hard mandating and which is a burden out of mankind will and the intention is toward relaying on it.

Imam Al-Shatibi said: «And the Shariah is in the mandating of the commission on the fair middle way taken from the two parties with no inclination, logged under the gain of slave without hardship or dissolution, yet; it is the mandating happened on a balance that requires on all the moderates to be moderate.

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» 1 What is in the attributes of the instinct of the innate followed -surely- by deeds of acquisition, then how the attributes of the instinct are determined in human jurisprudence of the balances? And this is what Imam al-Qaraffi mentioned in the differences on the level of instinct behaviour and when the instinct deed is in case of reward and when is the case of punishment, and from which the jurisprudence of the balances be determined? ?