الاعتبار الشرعي للحالة النفسية في تقرير الأحكام

Abstract EN

This research studies the extent of the impact of the psychological state in the exceptions to the rulings in Islamic jurisprudence.

The research aims to definition of psychological disorders, and a statement of its classifications and its relationship to the legal ruling.

It also aims to show the extent of concern in Islamic jurisprudence for the psychological conditions of the person in the make of rulings and consider the exceptions, and extrapolate the criterions of considering these conditions.

One of the most important results of the research is that Sharia is concerned with the psychological aspect of the person; it made exceptions to some of its ruling in special psychological cases and circumstances that are determined by legislation or jurisprudence.

Examples of this include considering it to be obsessive-compulsive disease in order to facilitate its owner, not to repeat ablution or prayer when in doubt, and not to invalidate them.

As well not counting the divorce of the angry, according to the majority of jurists, if the anger is severe, makes the owner in a hallucination and an exceptional psychological state, in which he does not know what he says or intends.

The person with mental disorder does not fall under the legal command unless if He went out of eligibility and the Sharia's consideration of his condition in the exception is a push for him to recover, an affirmation of the wisdom and justice of Sharia, and evidence of the discipline of jurisprudence by surrounding him with issues from all sides