الترجيح بالحاجة عند الاصوليين وأثره في الفروع الفقهية

المؤلفون [English]

Muhammad Ashour Muhammad Radi.

 Assistant Professor, Department of Fundamentals of Jurisprudence. College of Islamic and Arabic Studies. Al Azhar university. Qena branch .

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المستخلص [English]

Abstract:

Research plan: includes an introduction, five sections, and a conclusion. Introduction: It includes the reasons for choosing the topic, the research methodology, and the research plan.

The first topic - the definition of weighting, its conditions, reasons and authority, and it includes four demands:

The first requirement: the definition of weighting.

The second requirement: the conditions of weighting.

The third requirement: reasons for weighting.

Fourth requirement: the scholars doctrines of weighting between conflicting evidence.

The second topic - the definition of the need, its causes, conditions and divisions, and it contains four demands:

The first requirement: the definition of the need.

The second requirement: the reasons for the need.

The third requirement: the conditions of need.

Fourth requirement: sections of need.

The third research - the difference between the need and what is suspected.

The fourth topic - the authenticity of the necessity and the evidence of its legitimacy, and it has two demands:

The first requirement: the sayings of scholars in the authenticity of the need.

The second requirement: evidence of statements.

The fifth topic - the implications of choosing the need for the fundamentalists, and it includes the following issues:

The first issue: what is forbidden for others is permissible for need, and the implications for that.

The second issue: violating the need for measurement, and the effect of that on the Sharia rulings.

The third issue: the rise in the rule of hatred due to necessity, and its effect on Sharia rulings.

The fourth issue: concessions due to necessity, and the implications for that.

The fifth issue: licensing a need does not apply before the need arises, and the implications for that. The sixth issue: the change of rulings according to the change of need, and the consequences of that.

The seventh issue: disposing of someone else’s money without seeking permission for need, and the effect of that on the jurisprudential branches.

Conclusion: It includes the most important results.

الکلمات الرئيسية [English]

(Reasons for preference) (Contradictory evidence) (Definition of need) (Sharia rulings) (Rising hatred rule) (Permission for need) (Disposing of others' money) .