The judgment on taking the License in controversial Matters: Applied jurisprudence study

Abstract

Dr. Ahmed Ibrahim Yahya Yabes Al-Ahdal Abstract: This research deals with an important subject from the researcher's point of view that is "the judgment on taking the License in controversial Matters-applied jurisprudence study". It is important due to the science students' needs to know this issue. The importance of this topic comes from the fact that the mufti - a person who meets the conditions of ijtihad - and the mufti, whether educated or ignorant, need to take the license in some cases. The research discusses the theme of the study in three main parts; introduction, three sections as well as in the conclusion. The introduction deals with the reasons for choosing the subject and its steps, and the methodology being followed. The preface was devoted to be an entrance for some terminologies of the study which includes two things: First: Definition of Al-rokhsah (i.e. permission or license). Second: Definition of controversial issues. In the first section, the researcher discusses the dispute in terms of its causes and types. This point was presented in two parts; the first is the causes of controversy. The second refers to the types of controversy. The second section deals with the trends of the jurists in the rule of introducing the license in the issues of disagreement and rooted, and this topic came in two points: The first is the trends of scholars in the rule of the introduction of the license in disputed matters. The second refers to rooting the issue of taking permission in disputed matters. The thirds section deals with the controls of introducing a license in disputed matters with the most important applied issues. This chapter is divided into two sections; The first section refers to the controls of taking the permission in disputed matters. The second section deals with the most important doctrinal applications on the permissibility of introducing the license in disputed matters. Then we present the conclusion in which the researcher stated the most important findings of the research as follows: • Islamic sharia is based on lifting the hardship and embarrassment of the people because it came to achieve their interests, and a part of these interests, is lifting embarrassment of them. • The definition of the license in the convention does not deviate from the definition in the language, although the origins of ancient scholars have differed, and the reason for the difference is due to their difference in the definition of resolve; because the license and determination are mutually supportive and understanding. • The differences issued by the imams of the jurists agreed on their imamate does not affect their status, and does not hurt in their knowledge, or taking away from them, especially with regard to introducing a license in disputed matters. • The Sharia rokhsah (i.e. license or permission) has controls that must be subject to it, which is capable of separating the real hardship from the illusion hardship. These controls are the real criterion that should be based on permitting licenses and what is not permissible to do.