الترجيح بالاحتياط: مفهومه و ضوابطه و مسالكه

Abstract EN

SummaryThis study discusses the rules of prioritizing by precaution and its effect on the juristic differences regarding the conditions of the validity of the prayer.

Therefore, this research began with the definition of precaution, and the rules for prioritizing by precaution, and its effect on the juristic differences on some related issues of the prayer.

The researcher has used the Descriptive analytical method and the inductive approaches in the procedure of the study, and he concluded several results, the most important of which are: - acting by precaution regards of worships is an agreed principle among the jurists, The research also concluded that jurisprudential precaution is one of the important meanings in the topic of weighting, based primarily on the strength of the thought.

Where a jurist uses it for the independent reasoning and deduction.

Especially when there is conflicting evidence and it is difficult for him to determine which one is more likely correct, it also used by the responsible person in terms of sharia law in his responsibility towards the legal costs entrusted to him, whether related to the right of the Creator, or the right of the creature.

Key words: Prioritizing.

Precaution.

Regulations.

Methods.