البرد الشديد و أثره في تغيير الأحكام الفقهية : دراسة فقهية مقارنة

Abstract EN

This research aims at highlighting the bright and important aspect of Islamic law, relating to the legitimate licenses, and the effect of changes in climate in changing some jurisprudence rules.

One of such cases is extreme cold.

What is meant by extreme cold that leads to some kind of change in jurisprudential rules is one which does not conform to what is used to be the case.

It is often thought to cause harmness to human.

However, the change is taken only when most of the people experience it, but no attention is paid to individual cases.

Thus, the change in such a case is to do tayammum instead of using water for ablution if water cannot be heated.

It is also possible for a woman to enter bathrooms with conditions.

It is also possible for anyone doing prayer to prostrate on the turban or a garment.

He may also pray two prayers at the same time, in addition to the possibility of absenting from Friday prayer or group prayer (i.e.

praying together).

It is also possible for those doing Ihram to cover their head, but pay ransom.

Increase in the duration of breastfeeding more than two years is also possible.

A judge should avoid judging in extreme cold, and must postpone implementing punishments like (whipping + cutting).

In such cases, sanctions are not in their final state, but only disincentives, and Allah only