الاستحسان وعلاقته بفقه المال

Abstract

Translated from Arabic. A B S T R A C T This Research can be summarized in the following points: l) The Islamic Sharia, with its proofs and rules, is sufficient for the people's interests in their ordinaw and extraordinary circumstances. its aim is to make people happy and free them from embarrassment and to achieve their goals, whether they be necessary, needful or favorable. 2) The jurisprudence wealth that we, the Muslims, own is rich not only in deduction rules and documentation but also in the applied reasoning rules. 3) Application of discretion is one of reasoning‘s plans and not a special evidence opposite the rest of proofs. This is evidenced by its being considered in the same grade as advancing the hidden reasoning against the clear one. 4) The construction of the Sharia provisions on the basis of ordinances and high aims brings benefit and prevents damage to the people. 5) The public wealth or public financial jurisprudence is based on knowing the aims of the Sharia, including the rules and the setting—up of duties alike. 6) The special wealth or financial jurisprudence is based, in any one specific matter, on considering the whole evidence, public and private, absolute and limited and in whole or in part, so that the jurisprudential rule can be made in a harmonious way with the rules and aims of the Sharia. 7) The non-activation of special financial jurisprudence tends to contravene the legislator in creating disorders (Mafassid) that might result from applying the jurisprudential rules by virtue of the hindrances and appendices surrounding the disposition. 8) The variable ends are not limited to what has already been achieved and is actual but rather it exceeds it in what might happen in the subsequent time.