المصلحة و المفسدة عند العلامة باغيثان الحضرمي من خلال كتابه "فتح افله المنان"

Abstract EN

This research declares the benefits and the harms (abuses) along with their implementation at Baghithan al-Hadrami، may god have mercy on him، through his book "Fatah al-Elh al-Manna".

in his book، the benefit means the preservation of the intent of Islamic Shara (Islamic law).

and the intent of shara in peoples' lives is to maintain the five necessities ( the necessities are: the necessity of preserving mind، self (being)، money، religion، and honor on the level of individuals) through which the welfare of people is achieved.

and this cannot be achieved unless you comprehend the texts، the principles، and the intents of Shara.

in its very start، the research-through a theoretical study- introduces the title of the research which is ( the benefit، the mark baghithan، and the book) while the second part of it is meant to apply the study of the benefits and the harms in the book "Fateh al-Elah al-Mannan"، which contains four topics.

the first topic studies the concept of " benefits and harms" and their organizations at the mark baghithan which left a great effect while the second topic is specified to show the relation between the benefits and that with the science of intents at the imam of our research.

the third topic is meant to clarify the necessity ( on the level of society as a whole) and the five necessities and their relationships at Baghithan to answer those who ask in this matter to achieve what is called " benefits and harms".

as a conclusion، the applied study concentrates on knowing how deep is the judgment of benefit in the principles of fatwa ( legal opinion concerning Islamic law) at the mark Baghithan.

through our investigation of these illustrative examples of benefits and harms، in his book concerning fatwa " Fatah al-Elh al-manna"، we recognize his wise ability to deal with issues of his time، his broad view of reality ، and his clear knowledge in applying god's shara on the basis of benefit and harm.

at last، i can say that the mark Salem bin Saeed Bakir Baghithan has been distinguished by his intellectual prestige، his scientific ability to understand the texts of shara, its origins and purposes and his ability to devise its right rules.