العلاقة بين القياس الشرعي و التكييف الفقهي

Abstract EN

This article aims to find out the relationship between legal analogy and jurisprudential adaptation, which is important in the era we are living in, where many calamities have emerged.

the present scientific development and complex dealings require the legislator’s provisions in it.

this is in fact a manifestation of sharia flexibility and validity for every time and place.

thus, any mujtahid can reach the legislator’s provisions by looking at the foundations and evidence available.

prominent evidence is the sharia analogy.

in the late decades, there appeared a term used by jurists when looking for provisions of emerging issues.

this term is the jurisprudential adaptation.

the study consists of two main parts, the first of which deals with the definition of jurisprudential adaptation, its types and requirement, and the second is explaining this relationship and providing some examples which show this relationship.

the most important findings reached are: 1) jurisprudential adaptation is supplied in the Holy Qur’an, Sunna and the reasonable.

2) this adaptation has conditions which have to be adhered to, so that it is built on a correct base.

3) jurisprudential adaptation agrees with analogy in many aspects such verifying the problem in the branch, and appending it to the provision of the origin and 4) jurisprudential adaptation differs from analogy in that the former must be stated in the holy qur’an or Sunna or the consensus concerned, while the latter may be a jurist’s text or a general rule.