مصادر التشريع في فقه النوازل و تطبيقاتها الفقهية المعاصرة

Abstract EN

This study sheds light on the evidence on which contemporary jurists rely in the jurisprudential rooting of catastrophes in which there is no text from revelation (the Book and the Sunnah).

Some of the evidence may not be appropriate in calamities, so the jurist excludes them in building the ruling for the calamity, such as the consensus, the work of the people of Medina, the law of what came before us, the saying of the companion, and the work of the people of Medina).

These evidences relate to a past that has occurred, and calamities relate to the present or the future.

These evidence or sources have been divided into three ranks, the first being primary sources, and the other secondary, and the third rank is the controlling sources of inference that prevent the jurist from error or missteps if they are best dealt with.

It was keen that all jurisprudential applications be from contemporary issues in order for the study to come out consistent in its content.