الجفاء عن الاجتهاد المصلحي في الفتوى : وصفه و نقده

Abstract EN

Article Summary: Ignorance of jurisprudence based on legal interestpraise be to ALLAH the all knower the all wise and peace and blessings be upon the holy prophet.

So: This study was one of Fatwa deficiencies.

It is the Ignorance and the reluctance of considerate sight in calamities, which Includes interest rules care in facilitation and customs observance and interests spoiling appreciation and the balance between them and consequences consideration.

The study showed that the diligence based on interest recommended by Companions' work (May ALLAH be pleased with them) when confronted with issues in which the Prophet was not entrusted with a ruling: Such as collecting the Koran versions and taking the DAWAWEEN and impose the ess, So who works with it later was characterized to prove the validity of SHARIA law for all time and place.

The study also revealed that this ignorance occurs in some types of error in the fatwa, and attributes the deficiency to SHARIA and alienates people from it, also it includes the act of qualifying Companions ignorant in what they have done of this diligence.

The study has clarified carefully the regulations of this diligence based on interest, and also revealed reluctance ranks of rooting and application.

Then it was concluded by criticizing this deficiency in the FATWA, pointing out the imbalance in its reality, and consequently the danger of Working with it.