The Doctrinal Rooting of the Theory of "The End Justifies the Means"

Mohammad Sharif Mustafa Isteti, Emad Mohammad Reda Ali Al-Tamimi, Raed Ali Mohammad Al-Kurdi

Abstract


The study explains the meaning of fiqhi rule and fiqhi restriction as well as the differences between those concepts as the rule is more comprehensive as it's applied on many fiqhi aspects. The restriction is applied on one aspect since spending by the order of the judge as spending by the order of the owner, is one fiqhi rule since its effect upon what is issued by the judge containing all fiqhi aspects that the judge rules not only one judicial issue. The study shows the place of the fiqhi rule within its phrases or similar words that meet its meaning in the modern books interested in fiqhi rules science then clarifying its evidences and its general meaning. The study showed the urgent need to apply this rule because it is important to achieve the interests of the people and to meet their needs in their dealings and to cut off disputes between spouses in the event of failure to pay the required expenses. The judge has a general mandate for the funds to deal with such situations. The study mentioned a number of jurisprudential applications of this rule، which were scattered in various sections of the books of jurisprudence, each directly related to the laws of the Hashemite Kingdom of Jordan, whether under the Civil Code or the Personal Status Law. Many practical applications of this rule were mentioned within some real cases in which the Jordanian Shari'a Courts issued judgments in Irbid specifically.

Keywords


jurisprudence, Islamic jurisprudence, expenses, Law keywords: Sharia judiciary

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