القواعد الأصولية المتعلقة بفتح الذريعة وتطبيقاتها المعاصرة دراسة أصولية تطبيقية معاصرة

Abstract

ABSTRACT

       This study dealt with a source of Islamic legislation that the diligent person resorts to in order to mitigate and facilitate in the event that it is not possible to implement the principle and the general rule, which is - Fath Al-Dhari’ah - as Fath Al-Dhari’ah and the fundamental rules it contains in the eyes of Islamic Sharia is considered a great document of great importance for many practical rulings among people. In the various branches of jurisprudence and its chapters, especially in the chapter on contemporary issues.

       The researcher explained the reality of the fundamental rules related to the opening of the pretext, and then I explained the legal evidence that proves the validity of the inference using the opening of the pretext, and then I explained the controls for implementing the work using the opening of the pretext, indicating the extent of their importance in controlling the process of reasoning using the opening of the pretext. The study also focused on highlighting the role of the fundamental rules. Related to opening the excuse to accommodate new applications and calamities, proving that Islamic law is a realistic law that keeps pace with people’s lives and accommodates all emerging issues, removing embarrassment and hardship from those in charge, in a way that achieves people’s interests and removes embarrassment from them.