أثر الاستحسان في تغيير الأحكام بسبب جائحة كورونا : أحكام الديون : دراسة مقارنة بين الشريعة الإسلامية و القانون

Other Title(s)

The effect of desirability in changing provisions due to the Corona pandemic : debt provisions : a comparative study of sharia and law

Author

الجباري، عمر نجم الدين انجه

Source

مجلة كلية القانون للعلوم القانونية و السياسية : مجلة علمية محكمة

Publisher

University of Kirkuk College of Law and Political Sciences

Publication Date

2020-02-28

Country of Publication

Iraq

No. of Pages

13

Main Subjects

Law

Topics

• Islamic law
• Comparative analysis
• Persons
• al-Balad(Surah)

English Abstract

The research entitled (The Impact of Desirability in Changing Rulings Due to the Coronavirus Pandemic) (Comparative Study between Sharia and Law) highlights the importance of dependency sources, among which is (approval) in influencing some provisions of Islamic law to change and amend them to suit the circumstances of time and place.

Because people's interests do not remain constant forever; Rather, it changes from one environment to another environment and time to another time, and rulings have not been legislated except to preserve these interests, so we find it necessary for the jurist, mufti, and judge to take into account those interests that a person needs in applying the rulings in a manner that is better, and he must favor a judgment for an exceptional issue on a total basis Because he thinks it is better according to the legal standard, such as if a flood, volcano or earthquake occurs, or an epidemic or pandemic like Corona virus or what is called (Covid 19) has spread so that a person is not able to respond, in these incidents must have special provisions to suit the conditions of people.

As the research highlighted that the problem and the incident are also subject to the judiciary, so the judge falls between the application of the ruling by referring to the legal texts, which harms people, and taking into account the conditions of people as a result of the emergency that passes through the country and the city without a person having any involvement in it, so the judge has the right to intervene to reduce Certain provisions and laws to eliminate harm and unfairness, in compliance with the principle of approval.

Because it is considered better by a legal standard in order to take into account the interest.

In the research it is indicated that these provisions in exceptional circumstances are not considered to be in contravention of the original texts, whether they are legal or legal.

Rather, it is consistent with its intentions and the spirit of the text, and it does not remain constant either.

Rather, they change to the provisions of the original laws in the event that the reasons for changing the provisions change.

Data Type

Conference Papers

Record ID

BIM-1267091

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