تحول المندوب إلى واجب في الفقه الإسلامي : أسبابه- تطبيقاته

Abstract EN

Mandate provisions in Islamic law are not rigid molds or patterns, but they change depending on changing circumstances and conditions, within certain limits and regulations.

Provisions that can be changed are those that are derived from accusative texts and from that which is based on need, interest or custom.

Besides, the transformation of the desirable into obligatory in some cases is a given matter in Islamic law.

The causes of changes are the following: the first is the vow, the second is commandment, the third is the initiation of the desirable, the fourth is royal command, the fifth is the revival and showing of traditions )sunnah(, the sixth is when the desirable is meant to bring an interest or prevent an evil, the seventh is need or necessity, the eighth is when the desirable becomes obligatory and the ninth is the weakness of the religious faith.

It is a known fact that the basis of Islamic jurisprudence is flexibility and ease, continued growth and development, the need for permanent renewal of what has become outdated and the revival of what has been studied by re-reading Shari’a texts and understanding them in light of the constants and variables of life.

Evidence of this flexibility is the transformation of some provisions from desirability into obligation, and this, in turn, indicates the ability of Islamic law to meet the needs of people and validity of Shari’a for all time and place.

Moreover, the transformation of the desirable into obligatory is an act of studiousness, aimed at bringing interests and avoiding religious and worldly abuses, in this life and the afterlife, in emergent conditions and potential circumstances, etc.

It is, in short, a casual matter that dies out when its causes die out