الاحتياط وأثره في الترجيحات: دراسة أصولية

Abstract EN

Precaution is a legal requirement, which is to take firmness and confidence and to stay away from places of doubt, as it is defined in the terminology as: to beware of falling into what is forbidden, or to leave an order when it is suspected.

If the taxpayer is suspicious of the matter and sees that the thing revolves between obligatory and recommended, he is forced to make it obligatory in pursuance of precaution, and if he sees it circling between dislike and prohibition, he forces him to prohibit, then he acts with precaution if he does not result in a legal prohibition from leaving a fixed Sunnah or entering into something hated.

In the research, I dealt with: the definition of precaution, its controls, its relationship to the purposes, and its impact on jurisprudence preferences.

I have continued in this research to results, the most important of which is that the rule of precaution is a reliable guide for the scholars of the principles of jurisprudence capable of orbing everything that is new, contemporary and valid for every time and place.

It is one of the tools of ijtihad, so precaution was a key factor to ensure that the taxpayer departs from the trust, and discharges him with certainty.