قواعد الاغتفار في التبعية و الدوام و الابتداء و تطبيقاتها الفقهية

Abstract EN

This research study aims to investigate the cases where the Sharia tolerates the permissibility of the dependence or the permissibility of the permanence and the survival, or the starting or even the in-tentionally forbidden means and the implicit permissibility as being a required means to the desired goal of the law and as an achieve-ment for all.

The researcher of this study examined and analyzed the concept of absolving or forgiveness and its reasons, incorporating its rules, re-vealing its indications, clarifying its conditions, uncovering its prac-tices, showing its examples, detailing its different types, indicating its relative regulations, and exploring the most important key points that are urgently needed to know the dimensions of the topic of this study.

To achieve all the above mentioned objectives, the researcher raised some questions set forth in the problem statement of the study, foremost of which are: when a forbidden act is legally permis-sible? And in what way? What regulates such permissibility? And what are the reasons behind that? In this study, the researcher adopted an analytical descriptive meth-od through extrapolating of the views of fundamentalists and schol-ars with giving some evidence of their views, The researcher has come up with a conclusion that the rules con-cerning forgiveness realizes the purposes of the Islamic law in jus-tice, kindness to all mankind and easing and relieving them from whatever rules which they overtake either by ignorance or other-wise, as well as overcome the difficulties that encounter them.

The rules of Dependence and Permanence and Initialization are nu-merous forms and even these form are verbally different but have one meaning in this regard.

This study has come up with certain recommendations that further studies for forgiveness rules should be investigated and examine their relations with the jurisprudence foundations (Fiqh) and its rel-evancy to the evidence and rules as well as establishing rules and regulations of forgiveness and its role in preserving the five necessi-ties.