الباعث في القانون الوضعي و الفقه الإسلامي

Abstract EN

is closely related to the rules of morality and public order, so this theory finds its basis in legislation that deals with moral principles and ideals, and since Islamic Sharia in general represents moral rules in which the corner is reserved, and so it was natural to find this theory in this legislation Fertile ground, but its study in Islamic jurisprudence should not be in isolation from the rules of morality, as ethics dominate the Islamic system in belief and treatment.

As for Western jurisprudence, opinions diverged in it, while the laws that give weight to morals tend to adopt it, and this is the Latin Sharia, because it is its reference to canon law, in which some Christian moral principles were transformed into legal rules.

While the Germanic law does not count it, because it is based on the doctrine that was the separation between law and morals.