اختلاف الفقهاء في كيفية مراعاة مقاصد الشريعة في المسائل الفقهية، موانع الحضانة ومسقطاتها (أنموذجا)

Abstract

This study aimed to clarify how the jurists took into account the purposes of Sharia and their differences in the application of this in jurisprudence issues, and that is in the issue of the barriers to custody and its consequences. The study used the deductive approach to achieve the study objectives. It consisted of two topics: the first: explaining the purposes of Sharia in nursery, the rules supporting that, and how the jurists take into account them and their differences in that, and the second topic: mentioning examples of the difference of scholars how to take into account the purpose of the nursery. The most important results in it were that although the jurists agreed in general to consider the purposes of Sharia in every chapter of jurisprudence, they differed in how to observe and apply these purposes, and this became evident in the issue of the impediments to custody and its consequences. The study recommended paying attention to the purposes of Sharia in examining any legal ruling, and educating people and institutions concerned with that.